[Senate Report 107-292]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 622
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-292

======================================================================



 
             KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002

                                _______
                                

               September 30, 2002.--Ordered to be printed

                                _______
                                

   Mr. Kennedy, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                              R E P O R T

                         [To accompany S. 2998]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 2998) to reauthorize the Child 
Abuse Prevention and Treatment Act, the Family Violence 
Prevention and Services Act, the Child Abuse Prevention and 
Treatment and Adoption Reform Act of 1978, and the Abandoned 
Infants Assistance Act of 1988, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill (as amended) do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Need for the Legislation.............................1
 II. Current Committee Action........................................11
III. Explanation of Legislation and Committee Views..................11
 IV. Regulatory Impact Statement.....................................20
  V. Application of Law to the Legislative Branch....................21
 VI. Cost Estimate...................................................21
VII. Section-by-Section Analysis.....................................26
VIII.Changes in Existing Law.........................................37


                I. Purpose and Need for the Legislation

    It is the purpose of the Keeping Children and Families Safe 
Act to renew, improve, and strengthen the Child Abuse 
Prevention and Treatment Act, the Family Violence Prevention 
and Services Act, the Adoption Opportunities Act, and the 
Abandoned Infants Assistance Act for the next five years. The 
Act is intended to strengthen and support families with 
children and to protect children from abuse and neglect, 
improve services for children exposed to domestic violence, 
improve adoption assistance, and strengthen assistance for 
abandoned infants.

Background and need for legislation

    Despite Federal programs, State and local efforts, 
increased media attention and public awareness, child abuse and 
neglect continue to be a significant problem in the United 
States. Recent reports present startling indications of child 
maltreatment in the United States.
    The National Child Abuse and Neglect Data System (NCANDS), 
developed by the Children's Bureau of the U.S. Department of 
Health and Human Services (HHS), maintains annual statistics 
from the states on child maltreatment. While the full 2000 
Maltreatment Report is not yet available to the public, in 
April of 2002, HHS released a summary of key findings 
highlighting state data submissions for the year 2000.
    Approximately 3 million referrals concerning the welfare of 
about 5 million children were made to Child Protection Services 
(CPS) agencies throughout the nation in 2000. Of these 
referrals, about two-thirds (62 percent) were screened-in for 
further assessment and investigation. Professionals, including 
teachers, law enforcement officers, social service workers, and 
physicians made more than half (56 percent) of the screened-in 
reports. Of this amount, close to 879,000 children were found 
to be victims of child maltreatment. About two-thirds (63 
percent) suffered neglect (including medical neglect); 19 
percent were physically abused; 10 percent were sexually 
abused; and 8 percent were emotionally maltreated.
    The rate of child victims per 1,000 children in the 
population had been decreasing steadily from 15.3 victims per 
1,000 children in the population in 1993 to 11.8 victims per 
1,000 children in the population in 1999. The victimization 
rate increased slightly to 12.2 per 1,000 children in the year 
2000. According to HHS, whether or not this is a trend cannot 
be determined until additional data are collected. 
Victimization rates were similar for male and female victims 
(11.2 and 12.8 per 1,000 children respectively) except for 
victims of sexual abuse. The rate for sexual abuse was 1.7 
victims per 1,000 female children compared to 0.4 victims per 
1,000 male children. More than half of all victims were White 
(51 percent); one-quarter (25 percent) were African American; 
15 percent were Hispanic, 2 percent were American Indian/Alaska 
Natives, and 1 percent were Asian/Pacific Islanders.
    Sixty percent of perpetrators were female and 40 percent 
were male. The median age of female perpetrators was 31 years 
and the median age of male perpetrators was 34 years. About 84 
percent of victims were abused by a parent or parents. Mothers 
acting alone were responsible for 47 percent of neglect victims 
and 32 percent of physical abuse victims. About 55 percent of 
children found to be abused and neglected received needed 
services.
    The most tragic consequence of child maltreatment is death. 
The HHS summary data shows about 1,200 children died of abuse 
and neglect in 2000. Children younger than six years of age 
accounted for 85 percent of child fatalities and children 
younger than one year of age accounted for 44 percent of child 
fatalities.
    Child abuse is not a new phenomenon. Throughout the last 
decade, numerous reports have called attention to the tragic 
abuse and neglect of children and the inadequacy of our Child 
Protection Services (CPS) systems to protect our children.
    In 1990, the U.S. Advisory Board on Child Abuse and Neglect 
concluded that ``child abuse and neglect was a national 
emergency''. In 1995, the U.S. Advisory Board on Child Abuse 
and Neglect reported that ``state and local CPS caseworkers are 
often overextended and cannot adequately function under their 
current caseloads.'' The report also stated that, ``in many 
jurisdictions, caseloads are so high that CPS response is 
limited to taking the complaint call, making a single visit to 
the home, and deciding whether or not the complaint is valid, 
often without any subsequent monitoring of the family.''
    A 1997 General Accounting Office (GAO) report found, ``the 
CPS system is in crisis, plagued by difficult problems, such as 
growing caseloads, increasingly complex social problems and 
underlying child maltreatment, and ongoing systemic weaknesses 
in day-to-day operations.'' According to GAO, CPS weaknesses 
include ``difficulty in maintaining a skilled workforce; the 
inability to consistently follow key policies and procedures 
designed to protect children; developing useful case data and 
record-keeping systems, such as automated case management; and 
establishing good working relationships with the courts.''
    According to the May 2001 ``Report from the Child Welfare 
Workforce Survey: State and County Data and Findings'' 
conducted by the American Public Human Services Association 
(APHSA), the Child Welfare League of America (CWLA), and the 
Alliance for Children and Families, annual staff turnover is 
high and morale among CPS workers is low. The report found that 
CPS workers had an annual turnover rate of 22 percent, 76 
percent higher than the turnover rate for total agency staff. 
The ``preventable'' turnover rate was 67 percent, or two-thirds 
higher than the rate for all other direct service workers and 
total agency staff. In some states, 75 percent or more of staff 
turnovers were preventable.
    States rated a number of retention issues as highly 
problematic. In descending order they were:
           Workloads that are too high and/or 
        demanding;
           Caseloads that are too high;
           Too much worker time is spent on travel, 
        paperwork, courts, and meetings;
           Workers not feeling valued by the agency;
           Low salaries;
           Supervision problems; and
           Insufficient resources for families and 
        children.
    To prevent turnover and retain quality CPS staff, some 
states have begun to increase in-service training, increase 
education opportunities, increase supervisory training, 
increase or improve orientation, increase worker safety, and 
offer flex-time or changes in office hours. Most states, 
however, continue to grapple with staff turnover and training 
issues.
    Since 1974 when the Child Abuse Prevention and Treatment 
Act (CAPTA) was first enacted, the federal government and the 
states have struggled with how best to protect children from 
abuse and neglect. The problems with the system are numerous, 
complicated, and without a panacea. The statement contained in 
the 1991 report of the National Commission on Children still 
holds true, ``If the nation had deliberately designed a system 
that would frustrate the professionals who staff it, anger the 
public who finance it, and abandon the children who depend on 
it, it could not have done a better job than the present child 
welfare system.''
    As said best in ``The Battered Child'' (5th ed. M.E. 
Helfer, R.S. Kempe, and R.D. Krugman, eds. University of 
Chicago Press, 1997), ``CPS is accused of both unwarranted 
interference in private life and irresponsible inaction when 
children are truly threatened.''
    Continued public criticism of CPS efforts, continued 
frustration by CPS staff and child welfare workers, and 
continued abuse and neglect (and death) of our nation's 
children, set the context for reauthorization of CAPTA this 
year.
    It is clear that many more allegations of abuse and neglect 
have been made during the last several years compared to 
decades earlier. At the same time, there is also widespread 
understanding that not all children who are victims of abuse 
and neglect are reported to CPS.
    The volume of reports has so overwhelmed the CPS system 
that state surveys of State administrators indicate that child 
protection systems are unable to investigate reports within 24 
or 48 hours, as required by many state laws.
    Child maltreatment occurs in all socioeconomic and cultural 
groups, however, poverty makes child maltreatment much more 
likely to be reported. Minority children enter the child 
protection system in disproportionately large numbers and are 
far more likely to remain in substitute care for long periods 
of time--even years.
    Complicating matters, substance abuse is increasingly a 
problem among families reported to CPS. According to GAO, 
``states report that families are entering the system with 
multiple problems, among the most common of which is an 
increase in substance abuse.'' The Child Welfare League reports 
that substance abuse is involved in at least half of all child 
maltreatment cases.
    While many complex problems plague the child welfare system 
and the children and families it serves, the charge for CPS is 
to respond to reports of child abuse or neglect; assess the 
risk to the child; investigate where appropriate, and where 
appropriate, to develop a case plan to protect the child and 
strengthen the family.
    To ensure that the system works as intended, CPS needs to 
be appropriately staffed. The staff needs to receive 
appropriate training and cross-training in identifying 
substance abuse and domestic violence to better respond to 
these complex problems. Triage can help communities better 
respond to the needs of children and families by targeting more 
intensive services to children at greatest risk of harm and 
referring children and families not in imminent risk of harm to 
alternative, community-based programs and services. Greater 
collaboration between CPS, health agencies (including mental 
health agencies), schools, and community-based groups has been 
shown to strengthen families. Prevention programs and 
activities to prevent child abuse and neglect for families at-
risk can increase the likelihood that a child will grow up in a 
home without violence, abuse, or, neglect.

Legislative history and committee action on child abuse and neglect

    The first Federal programs specifically designed to address 
concerns regarding child abuse and neglect in this country were 
authorized under the Child Abuse Prevention and Treatment Act 
(Public Law 93-247) enacted in 1974. This legislation provided 
Federal financial assistance for identifying, preventing, and 
treating child abuse and neglect. The act has since been 
extended through fiscal year 2001 and has been amended to 
expand the scope of activities. It also authorizes the Family 
Violence Prevention and Services Act, the Adoption 
Opportunities Act, and the Abandoned Infants Assistance Act.
    The original Child Abuse Prevention and Treatment Act 
authorized the creation of the National Center on Child Abuse 
and Neglect (NCCAN) to help establish the parameters of the 
problem and to provide incentives for developing effective 
methods of treatment. The act also authorized demonstration 
grants and a State grant program for activities related to 
preventing and treating child abuse and neglect. To be eligible 
for funding under the State grant program, States were required 
to establish systems for reporting and investigating child 
abuse and neglect and for providing immunity from prosecution 
for persons so reporting.
    In 1978, the act was amended by Public Law 95-266, which 
extended the programs under the act through fiscal year 1981 
and, among other things, expanded the Center's grant making 
authority. It also required the establishment of research 
priorities and earmarked funds for the prevention and treatment 
of child sexual abuse. In response to concerns that Federal 
assistance was needed to help facilitate adoption of children, 
particularly those whose placement was constrained by being of 
school age or being disabled, the 1978 amendments also 
authorized through fiscal year 1981 a new independent adoption 
opportunities program to help eliminate barriers to adoption.
    In 1981, the Child Abuse Prevention and Treatment Act and 
the Adoption Opportunities Act were extended through fiscal 
year 1983 under the Omnibus Budget Reconciliation Act (Public 
Law 97-35); and in 1984, the programs were extended through 
fiscal year 1987 by the Child Abuse Act (Public Law 98-457). 
The 1984 amendments expanded the Center's responsibilities to 
include additional studies. They required, as an additional 
criterion for eligibility for the State grant program, that 
States implement systems for responding to reports of medical 
neglect in cases involving severely disabled newborns; and 
authorized a new State grant program and other assistance to 
help States develop and run systems for responding to reports 
of medical neglect, including withholding of medically 
indicated treatment from disabled infants with life-threatening 
conditions. The 1984 Child Abuse Act also created the 
independent Family Violence Prevention and Services Act.
    The Child Abuse Prevention Federal Challenge Grants Act was 
enacted on October 12, 1984, as title IV of Public Law 98-473, 
the continuing appropriations bill for fiscal year 1985. In 
enacting this legislation, the Congress found that since 1980 
certain States had begun to recognize the critical need for 
child abuse prevention efforts and had established Children's 
Trust Funds. These State funds were generated by surcharges on 
marriage licenses, birth certificates, and divorce actions or 
by special indication on State income tax returns. This allowed 
States to pay for child abuse and neglect prevention activities 
in the face of depressed State economies and budget cutbacks. 
Money for child abuse prevention projects had historically been 
lacking because of the need to direct limited resources toward 
treating the increasing numbers of children already abused. 
Only one or two States had direct appropriations to support the 
broad range of child abuse and neglect prevention activities.
    At the time, no Federal funds were directed specifically at 
assisting State efforts to prevent child abuse and neglect. 
When the legislation was enacted, 20 States had set up special 
funds for child abuse prevention. The kinds of programs 
supported by these special funding mechanisms ranged from 
classes on parenting and coping with family stress to statewide 
public education campaigns and special sexual abuse prevention 
training for children. The Challenge Grant program was 
developed to encourage all States to establish and maintain 
significant funds to support child abuse prevention projects. 
The number of States receiving funding under the Challenge 
Grant program increased from 33 States in fiscal year 1986, the 
first year of appropriations for the program, to 47 States 
which were awarded a total of $4,933,501 in fiscal year 1990.
    In 1986, the Child Abuse Prevention and Treatment Act was 
amended by provisions of the Children's Justice and Assistance 
Act (Public Law 99-401), establishing a new State grant program 
for improving the administrative and judicial handling of child 
abuse cases, especially those involving child sexual abuse. 
Funding for this program is derived from fines collected from 
persons convicted of certain Federal offenses.
    In 1988, the Child Abuse Prevention and Treatment Act was 
reauthorized (Public Law 100-294), extending its programs 
through fiscal year 1991. The 1988 amendments also established 
a new interagency task force and a newly constituted Advisory 
Board on Child Abuse and Neglect. The 1992 Child Abuse, 
Domestic Violence, Adoption and Family Services Act (Public Law 
102-295) amended CAPTA and extended it through fiscal year 
1995.
    In 1996, the Child Abuse Prevention and Treatment Act was 
reauthorized (Public Law 104-235), extending its authorization 
through fiscal year 2001. The Act made significant changes to 
better target abuse and neglect prevention resources; enhance 
the ability of states to respond to actual cases of abuse and 
neglect; and to consolidate and coordinate federal data 
collection efforts in order to gain a better perspective on the 
trends of child abuse and neglect and find effective methods of 
prevention and treatment.

History of Community-Based Family Resource and Support Grants

    The Community-Based Family Resource and Support Grants 
(Title II of CAPTA) represent a consolidation and revamping of 
a number of programs Congress authorized over the past two 
decades. These include the Child Abuse Prevention Challenge 
Grants, the Emergency Child Abuse Prevention Services Grants, 
the Family Resource and Support Programs, the Temporary Child 
Care for Children with Disabilities and Crisis Nurseries 
Grants, and the Family Support Program of the McKinney Homeless 
Act.

Community-Based Child Abuse and Neglect Prevention Grants

    The Child Abuse Prevention Challenge Grants Reauthorization 
Act of 1989 (Public Law 101-126) reauthorized the Challenge 
Grants Program through fiscal year 1991 and transferred it to 
title II of the Child Abuse Prevention and Treatment Act. This 
program was administered by NCCAN. The Child Abuse, Domestic 
Violence, Adoption, and Family Services Act of 1992 (Public Law 
102-295) modified this program and changed the name to ``the 
Community-Based Child Abuse and Neglect Prevention Grants.'' 
The purpose of this program was to assist States in supporting 
child abuse and neglect prevention activities. States were 
eligible for grants if they had established trust funds for the 
administration of child abuse prevention activities. Funds were 
distributed to all such States based on child population and 
the amounts of non-Federal funds collected by States for their 
trust funds. Between fiscal year 1991 and fiscal year 1994, 
funding levels for this program ranged from $5.4 million to 
$5.3 million.

Emergency Child Abuse Prevention Services Grants

    The Emergency Child Abuse Prevention Services Grants 
program was intended to provide services to children whose 
parents were substance abusers. Grants were made directly to 
local public and non-profit organizations to provide these 
services. Between fiscal year 1991 and fiscal year 1994, 
funding for this program ranged from $19.5 million to $19.0 
million.

Family Resource and Support Centers Program

    In 1990, the Family Resource and Support Centers Program 
was established (by Public Law 101-501) to fund States, on a 
competitive basis, to establish statewide networks of family 
support programs, in collaboration with existing health, mental 
health, education, employment and training, child welfare, and 
other social services agencies within the State. In order to 
provide adequate funding for this broad charge, the grants were 
required to be at least $1.5 million per year. With funding at 
around $5 million in fiscal years 1992-94, HHS awarded three 
grants of $1.5 million each to Maryland, Virginia, and 
Connecticut. Each State took a unique approach to the operation 
of this program. One administered it through a Health 
Department, another through an Education Department, and the 
third through a private non-profit entity.
    Programs established under this authority were designed to 
operate consistent with the family support philosophy: the 
basic relationship between programs and the family is one of 
equality and respect; participants are a vital resource; 
programs are community-based and culturally and socially 
relevant to the families they serve; parent education, 
information about human development, and skill building for 
parents are essential elements of every program; and programs 
are voluntary. The collaborative efforts of these programs 
resulted in critical innovations at the State level. These 
efforts also strengthened existing comprehensive programs in 
communities and tested innovative approaches at the local 
level. Services provided included parent education, early 
childhood development, outreach, community and social services 
referrals, housing assistance, job training, and parenting 
support, all of which help prevent child abuse.

1994 consolidation

    Because the response to the Family Resource and Support 
program was so positive, Congress broadened the program and 
expanded it to all States in the Human Services Amendments of 
1994 (Public Law 103-352). The Human Service Amendments of 1994 
consolidated three programs into the new Community-Based Family 
Resource Programs, which was placed in Title II of CAPTA. Two 
of the consolidated programs had been part of CAPTA: the 
Emergency Child Abuse Prevention Services Grants (Section 107A 
of CAPTA), and the Community-Based Child Abuse and Neglect 
Prevention Grants (Title II of CAPTA). In addition, the 1994 
amendments consolidated the Family Resource and Support 
Program, which was part of the Claude Pepper Young Americans 
Act of 1990 (enacted as Title IX of the Augustus F. Hawkins 
Human Services Reauthorization Act of 1990).
    These amendments sought to establish and promote statewide 
networks of family support programs, using innovative 
approaches to blending funds and leveraging additional 
resources that were central to the Community-Based Child Abuse 
Prevention Grants. These programs were designed to operate with 
the same family support philosophy that was embedded in the 
Family Resource and Support program.
    This program was intended to further enhance the States' 
abilities to develop comprehensive networks of family support 
programs. The funding was meant to supplement, rather than 
supplant, other State funding. The program encouraged States to 
leverage a broad array of public and private funding for the 
development of the networks.
    Congress intended that each State would choose an 
organization to act as the lead entity. The lead entity differs 
from State to State, but in each State it is the most 
appropriate organization to carry out the mission of the 
program. The lead entity is required to demonstrate the ability 
to work with other State and community-based agencies to 
provide training and technical assistance; a commitment to 
parental participation in the design and implementation of 
family resource programs; the capacity to promote a statewide 
network of family resource programs; and the capacity to 
exercise leadership in implementing effective strategies for 
capacity building, and access to funding for family resource 
services across agencies.
    The Community-Based Family Resource Program was authorized 
at $50 million for fiscal year 1995. The program was included 
as title II of the Child Abuse Prevention and Treatment Act and 
was authorized for only one year in order to put it on the same 
reauthorization cycle as the rest of CAPTA.
    The 1996 amendments to CAPTA rewrote Title II of the Act 
and renamed it the Community-Based Family Resource and Support 
Grants (Public Law 104-235). The Act further consolidated a 
number of small programs into the new program. The following 
programs were repealed as part of the consolidation: Community-
Based Family Resource Programs, the Temporary Child Care for 
Children with Disabilities and Crisis Nurseries Grants, and the 
Family Support Program (under the McKinney Homeless Assistance 
Act).

              FAMILY VIOLENCE PREVENTION AND SERVICES ACT

    Between 1 and 4 million women experience serious assault by 
an intimate partner each year (US Department of Justice, 1998). 
The effects of that violence are felt on every level of 
society. Some 56 percent of cities surveyed by the U.S. 
Conference of Mayors in 2000 identified domestic violence as a 
primary cause of homelessness. Homicide is the leading cause of 
death for women in the workplace (Bureau of Labor Statistics, 
1996). Domestic Violence costs our health care system between 
$5 and $10 billion (Texas Council on Family Violence, 2002) and 
our employers between $3 to $5 billion in lost productivity 
each year (Bureau of National Affairs, 1994). The American 
Psychological Association has found that exposure to domestic 
violence is the single strongest risk factor for transmitting 
violence from one generation to the next (1996).
    Victims of family violence need several sources of support 
to re-establish safety for themselves and their children. 
Shelter is critical. Shelters for abused women were first 
established in 1975. While the number of shelters and services 
for domestic violence victims in the United States has 
increased significantly, it has been estimated that three out 
of four women who seek the safety of a family violence shelter 
are denied access due to insufficient space. Shelters and 
transitional housing also play a crucial role in linking 
victims to appropriate services such as transportation, 
counseling, advocacy and other casework assistance. Without 
access to such supports, women continue to face the dilemma of 
living amidst violence or forgoing their economic livelihood.
    One of the most significant negative impacts of domestic 
violence is its impact on children. Studies have shown that 
child abuse occurs in 30-60 percent of domestic violence cases 
in families where there are children (Edleson, 1999). Too often 
service providers who encounter children in domestic violence 
situations are unable to provide appropriate services to those 
children. The need for positive intervention to help children 
is clear.
    Research shows not only that children may also be abused by 
the abusive spouse, but that children who are exposed to 
domestic violence suffer emotional problems including post-
traumatic stress disorder, alcohol and substance abuse and 
suicidality. Research has also clearly concluded that children 
from violent homes struggle more in school. They have higher 
incidences of impaired concentration, poor school attendance, 
being labeled an underachiever, and difficulties in cognitive 
and academic functioning. And, according to the Office of 
Juvenile Justice and Delinquency Prevention at the U.S. 
Department of Justice, as many as 40 percent of violent 
juvenile offenders come from homes where there is domestic 
violence. Witnessing domestic violence has also been found to 
be the best predictor for becoming a perpetrator of domestic 
violence as an adult. (Osofsky and Fenichel, 2000).
    In 1984, The Family Violence Prevention and Services Act 
(Public Law 98-457) was enacted to assist States (and Indian 
tribes) to prevent family violence, to provide immediate 
shelter for victims of family violence and their dependents, 
and to provide technical assistance and training related to 
family violence programs. The programs under the act are 
administered by the Administration for Children, Youth, and 
Families within HHS. The act authorized three grant programs: 
(1) demonstration grants to States (and Indian tribes) for 
prevention programs, shelters and related assistance; (2) law 
enforcement training and technical assistance grants for 
regionally based programs; and (3) information and training 
grants to foster cooperation between law enforcement agencies, 
domestic violence shelters, social service agencies and 
hospitals.
    The Family Violence Prevention and Services Act was 
reauthorized along with CAPTA in 1988, 1992, and 1996 (Public 
Laws 100-294, 102-295, and 104-235).The 1996 revisions 
prohibited grants to entities other than a State or Indian 
tribe without a match and required not less than 70 percent be 
used for grants to states.

                       ADOPTION OPPORTUNITIES ACT

    The Adoption Opportunities Act was originally enacted in 
fiscal year 1978 as Title II of the Child Abuse Prevention and 
Treatment and Adoption Reform Act (Public Law 95-266). While it 
remains independent, the Adoption Opportunities program has 
consistently been reauthorized in legislation that separately 
extended and amended CAPTA (Public Laws 97-35, 98-457, 100-294, 
102-295, and 104-235). The most significant reauthorization of 
this act occurred in 1992. These amendments included requiring 
the Secretary of Health and Human Services to conduct extensive 
recruitment efforts for potential adoptive parents and to 
promote professional leadership training of minorities in the 
adoption field. A total of $30 million was authorized for the 
act in fiscal year 1992, which included $10 million for general 
grant activities, $10 million for minority children placement 
grants, and $10 million for grants increasing the placement 
rate of foster children legally available for adoption.
    The act awards grants on a competitive basis to States and 
to public or private nonprofit child welfare or adoption 
agencies, among others, for several activities including a 
national exchange to link prospective parents with children who 
are free for adoption. It also provides training and technical 
assistance to States to help public and private agencies 
improve adoption practices. In addition, funds support an 
adoption information clearinghouse containing information on 
adoption in the United States.
    In 1996, the Adoption Opportunities Act was reauthorized 
along side of CAPTA by (Public Law 104-235). The Act required 
each state to improve state efforts to increase the placement 
of foster children legally free for adoption among other more 
minor modifications.

                    ABANDONED INFANTS ASSISTANCE ACT

    The Abandoned Infants Assistance Act was enacted in fiscal 
year 1988 (Public Law 100-505) in response to problems with 
substance abusing parents and the increase in the number of 
boarder babies abandoned in hospitals. The program funds 
discretionary grants to public and private nonprofit 
organizations for a number of activities related to the needs 
of these children, in particular those with Acquired Immune 
Deficiency Syndrome (AIDS). These activities include programs 
aimed at preventing the abandonment of children and the 
recruitment and training of health and social service 
personnel. This program is administered by the Administration 
on Children, Youth and Families of the Department of Health and 
Human Services.
    Despite the lack of conclusive evidence, at the time the 
law was enacted there was widespread consensus among experts in 
the field that crack cocaine was the driving force behind an 
increasing number of children entering foster care and the 
fairly new phenomenon of boarder babies. The Abandoned Infants 
Assistance Act targets its funds to boarder babies, rather than 
drug-affected children in general. Drug-affected children and 
their mothers can receive services under several Federal 
programs including the Social Services Block Grant, Child 
Welfare Services, the Child Abuse Prevention and Treatment Act, 
the Promoting Safe and Stable Families Program, Medicaid, and 
the Maternal and Child Health Block Grant (title V of the 
Social Security Act). As drug-affected children (including 
boarder babies) and their families require more attention, 
providing prevention services and coordinating services among 
programs are issues that may need to be addressed.
    The Abandoned Infants Assistance Act Amendments of 1991 
(Public Law 102-236) extended the Abandoned Infants Act through 
fiscal year 1995 and set the authorization level at $25 million 
for fiscal year 1992. The act authorized new residential 
service centers to provide support to infants, and young 
children and their natural, foster, and adoptive families.
    In 1996, the Abandoned Infants Assistance Act was 
reauthorized along side of CAPTA by (Public Law 104-235). The 
Act directed the Secretary to give priority in making grants to 
applicants in states that have developed and implemented 
proceedings for expedited termination of parental rights and 
placement for adoption of infants determined to be abandoned 
under state law.

                      II. Current Committee Action

    The Committee met in Executive Session on September 25, 
2002 to consider S. 2998, the Keeping Children and Families 
Safe Act. The Committee adopted the bill without amendment.

          III. Explanation of Legislation and Committee Views


General goals

    The Committee has three general goals for CAPTA 
reauthorization: (1) to encourage new training and better 
qualifications for CPS workers; (2) to encourage links between 
agencies to better improve services for children; and (3) to 
strengthen initiatives to prevent child abuse and neglect.

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT


National Clearinghouse for information relating to child abuse

    Section 111 modifies Section 103(b) to ensure that the 
Clearinghouse maintains information on all effective programs, 
including private and community-based programs that show 
promise of success with respect to the prevention, assessment, 
identification, and treatment of child abuse and neglect and 
hold the potential for broad scale implementation and 
replication. The Clearinghouse also would be required to 
maintain information about the best practices used for 
achieving improvements in child protection systems; and, 
provide technical assistance related to improving handling of 
child physical and sexual abuse cases and provide information 
about training resources for state and local individuals across 
a variety of disciplines who work, or may work with, child 
abuse and neglect cases.

Best practices for referrals

    Section 103(c)(1) is amended to require HHS to collect and 
disseminate information that describes best practices being 
used throughout the Nation for making appropriate referrals 
related to, and addressing the physical, developmental, and 
mental health needs of abused and neglected children.
    The Committee believes that children that come to the 
attention of the child welfare system may be at greater risk 
for health problems than other children and therefore continues 
to emphasize the importance of collaborative approaches, 
linkages and effective interagency collaboration between CPS 
and health care, mental health care, and other services to 
ensure that children receive the help that they need.
    Studies have shown that many abused and neglected children 
show language, speech, and other developmental delays; low 
self-esteem; aggressive behavior; difficulty relating to peers; 
and, impaired capacity to trust others. A 1999 Department of 
Justice study reported that on average, children who have been 
abused or neglected commit crimes at an earlier age, commit 
twice as many crimes as other children, and are arrested more 
frequently.

Research

    Section 112 amends Section 104(a) to include longitudinal 
studies as part of the interdisciplinary research HHS must 
conduct on child abuse and neglect and requires that HHS must 
primarily focus this research on certain topics, including 
development and identification of successful early intervention 
services or other services that are needed; the evaluation and 
dissemination of best practices consistent with the goals of 
achieving improvements in the child protection services systems 
to promote effective approaches to interagency collaboration 
between the child protection system and the juvenile justice 
system that improve the delivery of services and treatment; an 
evaluation of the redundancies and gaps in services to make 
better use of resources; and the nature, scope, and practice of 
voluntary relinquishment for foster care or State guardianship 
of low income children who need health services, including 
mental health services.
    In addition, this Section requires the Secretary to 
undertake a National Incidence Study (NIS) and requires the 
study to include the incidence and prevalence of child 
maltreatment by a wide array of demographic characteristics. 
The Secretary is required to submit the National Incidence 
Study to Congress no later than 4 years after the date of 
enactment.
    The Committee encourages the Secretary to use a wide array 
of demographic characteristics in conducting the new NIS. It is 
the Committee's intent in requesting such a wide array of 
characteristics to better understand the demographics of child 
abuse and neglect, to better target services to those who need 
them and to better target prevention initiatives to at-risk 
families.
    The Committee also recommends that the Secretary carry out 
a program of research that is designed to provide information 
regarding the availability and accessibility of programs and 
services for the prevention, assessment, identification, 
investigation, and treatment of child abuse and neglect in 
rural areas. Research should focus on factors which may include 
the availability and accessibility of health care professionals 
trained in the identification and treatment of child abuse and 
neglect, court appointed special advocates, guardian ad litem, 
multi-disciplinary child advocacy centers and other programs 
and services that the Secretary deems necessary. Rural, for the 
purposes of this demonstration, is defined consistent with the 
Rural Domestic Violence Grant Program, as a state that has a 
population density of 52 or fewer people per square mile or a 
state in which the largest county has fewer than 150,000 
people.
    Because the Committee is concerned about abused children 
having access to appropriate mental health services where 
needed, the Committee has included a study to review the 
practice of voluntarily relinquishment of children simply to 
enable them to access mental health services. The Committee is 
further concerned by reports that some States are sending these 
children out of state to receive treatment and may be ill-
equipped to monitor them to ensure that they are not subject to 
further abuse in residential or private care facilities. The 
Committee recommends that the Secretary undertake a study of 
this issue so that we may better understand the nature, scope 
and severity of the problem in order to respond to the needs of 
these children with mental health problems and their families.

Technical assistance

    This Section also amends Section 104(b) to include private 
agencies and community-based organizations as organizations who 
should receive technical assistance in planning and carrying 
out programs related to preventing, identifying, and treating 
child maltreatment as well as for effective approaches being 
utilized to link child protection service agencies with health 
care, mental health care, and developmental services to improve 
forensic diagnosis and health evaluations, and barriers and 
shortages to such linkages.

Demonstration programs and projects

    The Committee has moved ``Demonstration Programs'' from 
section 105 of current law to Section 104 of CAPTA. The revised 
Section 105 allows states, public organizations, and private 
organizations to apply for funding specific programs to improve 
CPS systems and protect children.
    As revised, such projects include:
          (1) Promotion of Safe, Family-Friendly Physical 
        Environments for Visitation and Exchange;
          (2) Education Identification, Prevention, and 
        Treatment for projects that provide educational 
        identification, prevention, and treatment services in 
        cooperation with preschool and elementary and secondary 
        schools;
          (3) Risk and Safety Assessment Tools for projects 
        that provide for the development of risk and safety 
        assessment tools relating to child abuse and neglect;
          (4) Training for projects that involve innovative 
        training for mandated child abuse and neglect 
        reporters; and
          (5) Comprehensive Adolescent Victim/Victimizer 
        Prevention Programs.
    The Committee has emphasized projects that hold the promise 
of improving both the CPS system and the safety of children. A 
new demonstration project has been added to promote the 
development and implementation of better risk and safety 
assessment tools. The Committee urges the Secretary to fund 
time-limited demonstration programs which evaluate various 
approaches to risk assessment and reliable tools for CPS 
caseworkers to use in determining the need, if any for follow-
up.
    Another new demonstration project has been added to allow 
the Secretary to award grants to organizations that demonstrate 
innovation in preventing child sexual abuse through school-
based programs in partnership with parents and community-based 
organizations to establish a network of trainers who will work 
with schools to implement the program. The program shall be 
comprehensive, meet state guidelines for health education, and 
should reduce child sexual abuse by focusing on prevention for 
both adolescent victims and victimizers.

Training

    The Committee is very concerned with the multitude of 
problems revealed in the APHSA-CWLA report about the condition 
of the CPS workforce. In FY2000, turnover rates among CPS and 
other direct service workers were high--22 percent and 18 
percent respectively. As states face turnover problems, the 
issue of training must be addressed. The level of training 
varies by state and availability of funding. CPS workers face 
many situations that place their own safety at risk. They must 
be prepared to face a variety of complex situations and 
emotions as they confront families with allegations of abuse. 
In addition, professionals from many other agencies are in 
positions to identify potential child abuse and neglect cases, 
including medical personnel, teachers, and law enforcement 
personnel. The Committee is concerned that because of staffing 
shortages, training often takes a back seat, and as a result 
urges the Secretary to fund projects that improve the training 
opportunities for CPS workers as well as workers in related 
fields.
    The Committee urges the Secretary to pay particular 
attention to proposals that will support the cross-training of 
individuals, especially in identifying substance abuse and 
domestic violence. Section 105(a) has been amended to provide 
grants for programs designed to improve training to CPS and 
other child and family service workers, (including 
supervisors). Suggested projects include training workers on 
how to best work with families from initial investigation 
through treatment; cross-training to better recognize neglect, 
domestic violence or substance abuse in a family; training to 
strengthen linkages between CPS and health agencies including 
physical and mental health services and to promote partnerships 
that offer creative approaches to meet the needs of abused 
children.
    The Committee is also very concerned by the lack of uniform 
training opportunities being made available to court appointed 
special advocates (CASAs) and guardian ad litem and has 
included provisions to ensure that they have training 
appropriate to the role.
    Finally, the Committee calls for a GAO study on CPS 
training to better understand the nature and scope of CPS 
training challenges and requests recommendations to improve 
such training.

Links to services

    Throughout several sections of the bill, the Committee 
seeks to encourage creating or improving links between child 
protection services and education, health, mental health, and 
judicial systems to ensure that children who are abused or 
neglected are properly identified and receive referrals to 
appropriate services. The bill would encourage greater 
collaboration between child protection services and the 
juvenile justice system to ensure that children who move 
between these two systems do so smoothly and receive 
appropriate services. In addition, the bill would promote 
partnerships between public agencies and community-based 
organizations to provide child abuse and neglect prevention and 
treatment programs and would require States, as a condition of 
receiving State grant money, to have policies and procedures to 
have triage for the referral of a child not at imminent risk of 
harm to a community or voluntary child maltreatment prevention 
service.

Individual rights

    The Committee has also included a requirement for training 
of CPS workers on their legal responsibilities in order to 
protect the constitutional and statutory rights of children and 
families.
    While the Committee is strongly committed to the main 
mission of the child protective services system--to ensure that 
child safety and the best interests of the child are protected, 
the Committee believes it is important for child protective 
services personnel to understand and respect Fourth amendment 
limitations on their right to enter a home when investigating 
an allegation without a court order.
    The Committee firmly believes that individuals being 
investigated for alleged child maltreatment should be informed 
of the specific allegations made against them. S. 2998 
addresses this issue by requiring states to have policies and 
procedures in place to require child protection workers, at the 
initial time of contact, to advise individuals who are subject 
to a child abuse and neglect investigation of the complaints or 
allegations made against them. However, it is not the intent of 
the Committee for caseworkers to relay information that may 
reveal the source of such allegation. The Committee recognizes 
that it is a basic right for all citizens to be informed of 
what crime they are being accused of at the time they are being 
asked for an interview or entry into their home.

Mutual support programs

    This section continues to call for funding of mutual 
support programs but removes a specific example of such an 
organization from the federal statute. Many community-based 
organizations such as Parents Anonymous and Prevent Child Abuse 
America have historically provided many valuable mutual support 
services for families at the local level. The Secretary is 
encouraged to consider such organizations and others that 
operate programs that incorporate quality standards and 
demonstrate effectiveness in their efforts to prevent child 
abuse and neglect.

Citizen Review Panels

    The Committee has modified the section on Citizen Review 
Panels to provide for public outreach and comment in order to 
assess the impact of current procedures and practices upon 
children and families in the community and in order to assess 
whether state and local CPS agencies are effectively 
accomplishing their duties.
    In order to be more efficient, States could form a smaller 
group to review statewide CPS operations. In this way, in 
states with three Citizen Review Panels, three panels will not 
be reviewing state CPS operations, but instead could focus 
their efforts on local CPS operations.

Protecting infants prenatally exposed to drugs

    S. 2998 includes a requirement for States to have in place 
policies and procedures (including appropriate referrals to CPS 
systems and for other appropriate services) to address the 
needs of infants born and identified with illegal substance 
abuse or withdrawal symptoms resulting from prenatal drug 
exposure. Currently, 12 states and the District of Columbia 
have some form of specific reporting procedures for infants 
born addicted to drugs or alcohol. The Committee believes that 
any child who is experiencing symptoms or showing signs of 
addiction to or withdrawal from drugs should, at a minimum, 
receive prompt and appropriate medical care and a referral to 
child protective services for further investigation and 
intervention, where warranted. While the committee felt 
constrained, because of limited ability to detect and diagnose 
it at birth, not to include prenatal exposure to alcohol in 
this requirement, the Committee remains concerned about the 
affects of alcohol on infants and possible later diagnosis of 
fetal alcohol syndrom.
    The Committee wants to be clear that it is not intending to 
preempt State law regarding what constitutes child abuse or 
requirements for prosecution, nor does the Committee intend to 
signal that States should no longer investigate cases involving 
prenatal exposure to alcohol.

Opportunity Passports

    The Committee is concerned about youth in foster care who 
are aging out of the foster care system. The Committee has 
worked with the Senate Finance Committee (with jurisdiction 
over the Independent Living Program and Title IV-E of the 
Social Security Act regarding foster care) to promote 
``Opportunity Passports'' and ``Individual Development 
Accounts'' to better ease the transition for those aging out of 
foster care, to improve medical care for those in foster care, 
and to provide access to school records to ensure that youth 
have access to vital information in a manner that promotes 
continuity.
    The Committee has authorized a limited demonstration 
program to make grants to eligible partnerships of public 
agencies or private nonprofit organizations in not more than 10 
States to assist the partnerships in developing and 
implementing methods of providing long- and short-term 
financial security for youth in foster care and youth aging out 
of foster care.
    A partnership that receives a grant shall use the funds 
made available through the grant to carry out one or more of 
the following activities:
    (i) Opportunity Passports--Develop and provide, for youth 
in foster care and aging out of foster care, electronic 
opportunity passports, electronic cards or secure Internet 
databases that contain medical records, legal identification 
(analogous to a Social Security card or birth certificate), and 
school transcripts, to ensure that the youth can carry or 
readily access the vital information.
    (ii) Individual Development Accounts--Establish and provide 
individual development accounts, to assist youth in foster care 
and aging out of foster care to obtain postsecondary education, 
pay for housing, pay for medical care, or operate a business. 
In establishing and providing such an account, the partnership 
shall provide a small amount of seed money and shall require 
the account holder to attend money management training and 
contribute to the account before receiving access to the 
account.
    The Committee is very concerned that information maintained 
by a partnership as part of carrying out a grant remain private 
and confidential and shall not be disclosed without the 
informed consent of the individual or otherwise in accordance 
with applicable Federal, State, or local laws relating to 
medical privacy. An entity that discloses information in 
violation of this clause shall be subject to applicable 
Federal, State or local laws relating to the unlawful 
disclosure of confidential information.

Community-based grants for the prevention of child abuse and neglect

    The Committee has revised the current Community-Based 
Family Resource and Support Grants program to ensure that grant 
funds are allocated to a wide array of community-based 
organizations for the prevention of child abuse and neglect.
    Although the Committee has deleted references to 
``network'' in many places, it is not the intent of the 
Committee to alter state practices of funding networks or to 
de-emphasize the important role that networks can play in 
conducting prevention programs. Although the Committee has 
deleted ``family resource and support programs'' from this 
Section, to replace that term with ``community-based programs 
and activities'', the Committee does not intend to de-emphasize 
the role that resource and support programs play or to alter 
state practices in any way. It should be clear from the 
definition of community-based programs and activities designed 
to prevent child abuse and neglect, that Family Resource 
Centers and Family Support Centers are included under the 
definition of the new term as are other community-based 
organizations who may not have previously participated in this 
program.
    With regard to core services to be provided, the committee 
retains current law. However, respite care is expensive. The 
Committee believes that community-based groups should continue 
their current leveraging efforts to seek alternative funding 
for respite care from other sources.

  TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT


National Domestic Violence Hotline and electronic network

    As amended by Section 211, this Section establishes a 
highly secure electronic network to link domestic violence 
shelters and service providers and the National Domestic 
Violence Hotline on a confidential website. The website would 
provide a continuously updated list of shelter availability 
anywhere in the United States at any time and would provide 
comprehensive information describing the services each shelter 
provides such as medical, social and bilingual services. It 
would also provide internet access to shelters that do not have 
appropriate technology. The Section is authorized at $5,000,000 
in fiscal year 2003 and such sums for fiscal years 2004 through 
2007.
    The Committee believes it is important to establish a 
website that would allow National Domestic Violence Hotline 
operators, who have received over 700,000 calls since the 
Hotline's inception in 1996, shelter based advocates and 
relevant state and local domestic violence service providers 
around the country to more quickly and easily find the most 
appropriate shelter for families seeking safety from abuse. By 
establishing a highly secure and confidential web site to keep 
a continuously updated, nationwide list of available shelter 
and services for victims of domestic violence and their 
families, the grantee would help ensure that whenever a woman 
calls the Hotline or a shelter seeking help, the operator could 
immediately place the caller in the most appropriate shelter to 
meet her family's needs for safety, location, language and 
other services without the caller ever having to hang up the 
phone.
    The Committee is aware of the existence of a web-link 
program based in the State of Minnesota. Minnesota's Day One 
Program has run a highly successful, confidential web site that 
links every shelter in the State. Day One reports that 90 
percent of women and children who call are assured appropriate 
services and shelter in a single call. This is critical since 
needing to make and receive multiple followup calls to find the 
most appropriate shelter has been a major barrier for women 
trying to escape an unsafe situation. In addition, based on the 
Day One experience, the committee believes that the new 
technology will save staff time by reducing the number of calls 
staff has to make to find the best placement for clients.

Children Exposed to Domestic Violence Program

    The Committee authorizes the creation of a new program 
aimed at addressing the needs of Children Exposed to Domestic 
Violence. The Bureau of Justice Statistics reported in 2000 
that of all houses where there is violence between adults, 43 
percent have children younger than 12. There is overwhelming 
evidence that witnessing domestic violence in the home leads to 
significant health, emotional and educational problems for 
youth. In addition, there is strong evidence to show that 
children exposed to domestic violence are more likely to commit 
crimes as juveniles and as adults. Research further indicates 
that many women who have been abused return to abusive 
relationships as adults and often people who have suffered 
abuse end up being abusers themselves, thus perpetuating the 
cycle of family violence between generations.
    The Committee believes that service providers need to be 
better able to address the unique needs of these children so as 
to prevent the significant problems associated with exposure to 
domestic violence. The Committee therefore supports funding 
programs for domestic violence shelters and service providers 
to provide counseling and other supports such as advocacy, 
respite care, educational and other services to address the 
unique needs of children. The Committee also supports training 
and collaboration between domestic violence experts, child 
welfare workers and where appropriate, courts and law 
enforcement, to better understand the dynamics of domestic 
violence, the impact of domestic violence on children and how 
best to support and make safe both the child and the non-
abusing parent.
    Finally, the Committee believes that a multi-system 
intervention program, where domestic violence service providers 
work with education, public health, mental health, Head Start 
and other agencies to provide mental health services and 
support to children who witness domestic violence and their 
non-abusing parents is an essential approach to addressing the 
enduring impacts of exposure to violence on children.
    As authorized, this program will provide competitive grants 
for shelters and other domestic violence service providers to 
run programs to address the physical, emotional and logistical 
needs of children who enter their programs with mothers who are 
abused. It provides grants to local agencies for the training 
of child welfare, and where appropriate, court and law 
enforcement personnel to assist them in addressing cases where 
child abuse and domestic violence intersect. Finally, it 
provides funds to nonprofit agencies to bring various service 
providers together to design and implement multi-system 
intervention programs for children exposed to domestic 
violence.

                 TITLE III--ADOPTION OPPORTUNITIES ACT


Eliminating barriers to interjurisdictional adoptions

    The Adoption Opportunities Act is intended to eliminate 
barriers to adoption and to provide permanent homes for 
children who would benefit from adoption, particularly special 
needs children. The Committee has revised this section to call 
attention to the need to eliminate continued geographic 
barriers to adoption, as well as the need to improve efforts to 
increase the number of older children who are adopted (who are 
in foster care and who currently are least likely to be 
adopted).
    S. 2998 gives the Secretary of Health and Human Services 
the authority to make grants: (1) to develop a uniform home 
study and protocol for acceptance of home studies between 
States and jurisdictions; (2) to develop models of financing 
cross-jurisdictional placements; (3) to expand the capacity of 
all adoption exchanges to serve increasing numbers of children; 
(4) to develop training materials and to train social workers 
on preparing and moving across state lines; and (5) to develop 
and support initiatives for networking among agencies, adoption 
exchanges, and parent support groups across jurisdictional 
boundaries.
    In addition, the committee requires HHS to study the 
nature, scope and effect of interstate placement of children in 
adoptive homes by public and private agencies and how 
interstate placements are being financed across State lines and 
to, in consultation with the General Accounting Office, submit 
to the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Education and Workforce of the 
House of Representatives a report that contains recommendations 
for an action plan to facilitate the interjurisdictional 
adoption of foster children no later than 1 year after the date 
of enactment of this Act.

               TITLE IV--ABANDONED INFANTS ASSISTANCE ACT

    Under current law, grantees must ensure priority for their 
services is given to abandoned infants and young children who 
are HIV-infected, perinatally exposed to HIV, or perinatally 
drug-exposed. The Committee revised the Act to maintain 
priority service for these children, but broaden the priority 
category to include abandoned infants and young children who 
have life-threatening illnesses or other special medical needs.

                    IV. Regulatory Impact Statement


                          A. REGULATORY IMPACT

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee has determined that 
there will be minimal increases in the regulatory burden 
imposed by this bill.

Impact on individuals and businesses

    In general, the bill provides grants to states and public 
and private agencies to assist in identifying, assessing, 
investigating, treating, and preventing child abuse and 
neglect. Regulations are needed to implement these grants in 
specified areas but do not affect individuals or businesses, 
unless they choose to apply for such funds.

Impact on personal privacy and paperwork

    The bill provides grants to states and public and private 
agencies to assist in identifying, assessing, investigating, 
treating, and preventing child abuse and neglect. The bill 
should not increase the amount of personal information and 
paperwork required.

                     B. UNFUNDED MANDATES STATEMENT

Estimated impact on state, local, and tribal governments

    According to the Congressional Budget Office, the bill 
contains no intergovernmental mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). The bill places several 
new requirements and limitations on state programs as 
conditions of receiving assistance. For example, the bill 
requires states to have policies and procedures to have triage 
for the referral of a child not at imminent risk of harm to a 
community or voluntary child maltreatment prevention service; 
to improve the training, retention, and supervision of 
caseworkers; to have procedures (including appropriate 
referrals to CPS systems and for other appropriate services) to 
address the needs of infants born and identified with illegal 
substance abuse or withdrawal symptoms resulting from prenatal 
drug exposure; to require disclosures of confidential 
information to any Federal, State, or local government entity, 
or any agent of such entity, that has a need for such 
information in order to carry out its responsibilities under 
law to protect children from abuse and neglect; to require that 
a representative of the CPS agency shall, at the initial time 
of contact with the individual subject to a child abuse and 
neglect investigation, advise the individual of the complaints 
or allegations made against the individual, in a manner that is 
consistent with laws protecting the rights of the informant; 
and, to require background checks on all adults in prospective 
foster care households.
    The Committee has determined that there may be increased 
demands upon states due to the new conditions for assistance 
under Section 106. However, the Committee believes it is 
appropriate to require such new conditions given the state of 
the nation's CPS system and its mission to protect children 
from abuse and neglect.

            V. Application of Law to the Legislative Branch

    The Committee has determined that there is no legislative 
impact.

                           VI. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 25, 2002.
Hon. Edward M. Kennedy,
Chairman, Committee on Health Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2998, the Keeping 
Children and Families Safe Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Donna Wong.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2998--Keeping Children and Families Safe Act of 2002

    Summary: S. 2998 would reauthorize certain programs under 
the Child Abuse Prevention and Treatment Act, the Child Abuse 
Prevention, Treatment and Adoption Reform Act of 1978, and the 
Abandoned Infants Assistance Act of 1988, through 2007. These 
programs were authorized through 2001 and were continued in 
2002 by the Department of Health and Human Services 
Appropriations Act, 2002. It also would extend authorizations 
through 2007 for some programs authorized under the Family 
Violence Prevention and Services Act. Most programs under the 
act are currently authorized through 2005.
    The bill would authorize total appropriations of $350 
million in 2003. CBO estimates that total authorizations under 
S. 2998 would amount to about $2.2 billion over the 2003-2007 
period, assuming that annual levels are adjusted to keep pace 
with inflation when specific annual authorizations are not 
provided. (Without such inflation adjustments, the 
authorization total would be about $2.1 billion over the 2003-
2007 period.) CBO estimates that appropriations of the 
authorized levels would result in additional outlays of $1.4 
billion over the 2003-2007 period, if inflation adjustments are 
included.
    Enacting the bill would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
S. 2998 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would authorize $350 million in grants in 2003 ($2.2 
billion over the 2003-2007 period), and a significant portion 
of those funds would be available to state, local, and tribal 
governments. Any costs those governments incur to fulfill 
requirements of the grants would be considered conditions of 
assistance and thus voluntary.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of S. 2998 is shown in Table 1. The costs of 
this legislation fall within budget function 500 (education, 
training, employment and social services).

       TABLE 1. ESTIMATED BUDGETARY EFFECTS OF S. 2998, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

                                         With Adjustments For Inflation

Spending under current law:
    Budget authority/authorization level \1\..............      254      183      183      183        0        0
    Estimated Outlays.....................................      231      233      195      182      159       54
Proposed changes:
    Estimated authorization level.........................        0      350      356      363      552      558
    Estimated outlays.....................................        0       39      189      282      359      501
Spending under S. 2998:
    Estimated authorization level.........................      254      533      539      546      552      558
    Estimated outlays.....................................      231      272      384      464      519      555

                                        Without Adjustments For Inflation

Spending under current law:
    Budget authority/authorization level \1\..............      254      183      183      183        0        0
    Estimated outlays.....................................      231      233      195      182      159       54
Proposed changes:
    Estimated authorization level.........................        0      350      350      350      533      533
    Estimated outlays.....................................        0       39      189      278      351      487
Spending under S. 2998:
    Estimated authorization level.........................      254      533      533      533      533      533
    Estimated outlays.....................................      231      272      384      460      511      541
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse
  Prevention and Treatment Act, the Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the
  Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The amounts
  shown for 2003 through 2005 are current authorization levels for certain programs under the Family Violence
  Prevention and Services Act.

 Note.--Components may not sum to totals because of rounding.

    S. 2998 would authorize funding through 2007 for various 
programs created under the Child Abuse Prevention and Treatment 
Act, the Child Abuse Prevention, Treatment and Adoption Reform 
Act of 1978, the Abandoned Infants Assistance Act of 1988, and 
the Family Violence Prevention and Services Act. Programs 
authorized under the first three acts would be reauthorized at 
specific levels for 2003 and for such sums as may be necessary 
for 2004 through 2007. Programs authorized by the Family 
Violence Prevention and Services Act, most of which are already 
authorized through 2005, would be extended at current or 
increased through 2007.
    S. 2998 would authorize the appropriation of $350 million 
in 2003. CBO estimates that this bill would authorize total 
funding of $2.2 billion over 2003-2007 period assuming that 
``such sums'' amounts provided after 2003 are adjusted for 
inflation. If the authorized amounts are appropriated, outlays 
would increase by $39 million in the first year and by $1.4 
billion over the five-year period.
    Table 2 presents CBO's estimates with inflation adjustments 
for the various components of each title under S. 2998. Unless 
annual amounts are specified, CBO's estimate of authorized 
levels is the authorized amount for 2003 with those amounts 
inflated in later years. The estimated outlays reflect 
historical rates of spending for the affected programs.
            Title I--Child Abuse Prevention and Treatment Act
    Title I of S. 2998 would reauthorize and revise programs 
currently authorized under the Child Abuse Prevention and 
Treatment Act. The bill also would create one new program. S. 
2998 would authorize a total of $210 million for 2003 for all 
programs under title I. CBO estimates the total funding for 
title I for 2003-2007 period would be about $1.1 billion, 
assuming adjustments for inflation, with resulting outlays of 
about $650 million over those five years.
    Opportunity Passports and Other Assistance.--S. 2998 would 
create a new demonstration grant program to assist partnerships 
between public agencies and private nonprofit organizations 
develop and implement methods of providing financial security 
for youth in and aging out of foster care. Grant recipients 
could use the funds either to create electronic cards for youth 
that would contain vital information (opportunity passports), 
or to create individual development accounts for youth to help 
them pay for college and other expenses. The bill would 
authorize the appropriation of $10 million in 2003 and such 
sums as may be necessary in years 2004 through 2007.

 TABLE 2. DETAILED EFFECTS OF S. 2998, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002, WITH ADJUSTMENTS FOR
                                                    INFLATION
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2002     2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending under current law:
    Budget authority/authorization level \1\..............      254      183      183      183        0        0
    Estimated outlays.....................................      231      233      195      182      159       54
                     PROPOSED CHANGES
     Title I--Child Abuse Prevention and Treatment Act
Opportunity Passports and Other Assistance:
    Estimated authorization level.........................        0       10       10       10       11       11
    Estimated outlays.....................................        0        1        3        7       10       10
Child Abuse Prevention State Grants and Discretionary
 Activities:
    Estimated authorization level.........................        0      120      122      125      127      130
    Estimated outlays.....................................        0        6       59       97      114      121
Community-Based Resource Centers:
    Estimated authorization level.........................        0       80       82       83       85       87
    Estimated outlays.....................................        0        6       19       44       73       81
Subtotal, Title I:
    Estimated authorization level.........................        0      210      214      219      223      228
    Estimated outlays.....................................        0       12       80      148      196      212
  Title II--Amendments to Family Violence Prevention and
                       Services Act
Family Violence Prevention and Services/Battered Women's
 Shelter: \2\
    Authorization level...................................        0        0        0        0      175      175
    Estimated outlays.....................................        0        0        0        0       21      138
National Domestic Violence Hotline: \2\
    Authorization level...................................        0        3        3        3        5        5
    Estimated outlays.....................................        0        3        3        3        5        5
Demonstration Grants for Community Initiatives: \2\
    Authorization level...................................        0        0        0        0        6        6
    Estimated outlays.....................................        0        0        0        0        1        4
Transitional Housing Assistance:
    Authorization level...................................        0       25       25       25       25       25
    Estimated outlays.....................................        0       15       24       24       25       25
National Domestic Violence Hotline Enhancement:
    Estimated authorization level.........................        0        5        5        5        5        5
    Estimated outlays.....................................        0        1        4        5        5        5
Services for Children Exposed to Domestic Violence:
    Authorization level...................................        0       20       20       20       20       20
    Estimated outlays.....................................        0        2       16       19       20       20
Subtotal, Title II:
    Estimated authorization level.........................        0       53       53       53      236      236
    Estimated outlays.....................................        0       21       46       51       76      198
             Title III--Adoption Opportunities
Adoption Opportunities:
    Estimated authorization level.........................        0       40       41       42       42       43
    Estimated outlays.....................................        0        2       28       37       39       41
          Title IV--Abandoned Infants Assistance
Abandoned Infants Assistance:
    Estimated authorization level.........................        0       45       46       47       48       49
    Estimated outlays.....................................        0        2       33       43       46       48
Administrative Expenses for Abandoned Infants Assistance:
    Estimated authorization level.........................        0        2        2        2        2        2
    Estimated outlays.....................................        0        2        2        2        2        2
Subtotal, Title IV:
    Estimated authorization level.........................        0       47       48       49       50       51
    Estimated outlays.....................................        0        4       36       46       48       50
Total proposed changes:
    Estimated authorization level.........................        0      350      356      363      552      558
    Estimated outlays.....................................        0       39      189      282      359      501
Total spending under S.2998:
    Estimated authorization level.........................      254      533      539      546      552      558
    Estimated outlays.....................................      231      272      384      464      519      555
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse
  Prevention and Treatment Act, the Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the
  Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The 2003-2005
  amounts are current authorization levels for certain programs under the Family Violence Prevention and
  Services Act.
\2\ The Family Violence Prevention and Services/Battered Women's Shelter program, National Domestic Violence
  Hotline, and Demonstration Grants for Community Initiatives programs are currently authorized until 2005.
  Table 2 shows only new authorizations. See text for a description of authorizations.

Notes.--Components may not sum to totals because of rounding.

    Child Abuse Prevention Programs.--S. 2998 would authorize 
$120 million in 2003 for the Child Abuse and Neglect State 
Grant program and the Child Abuse Discretionary Activities 
program and such sums as may be necessary in 2004 through 2007. 
The state grant program provides formula grants to states to 
improve child protection services. The discretionary activities 
program awards funds to other public agencies or private 
organizations for specific child abuse prevention projects. The 
two programs were funded at $48 million in 2002.
    Community-Based Resource Centers.--The bill also would 
authorize $80 million in 2003 and such sums as may be necessary 
over the 2004-2007 period for grants to support community-based 
efforts to develop and expand initiatives aimed at the 
prevention of child abuse. The program is funded at $33 million 
in 2002.
            Title II--Amendments to the Family Violence Prevention and 
                    Services Act
    Title II of S. 2998 would reauthorize and revise programs 
currently authorized under the Family Violence Prevention and 
Services act. This title also would create two new programs. 
CBO estimates that S. 2998 would authorize a total of $53 
million in 2003 and about $630 million over the 2003-2007 
period for all programs under title II. The Family Violence 
Prevention and Services act already authorizes most of these 
appropriations through 2005, and this bill would extend the 
authorizations through 2007.
    Family Violence Prevention and Services/Battered Women's 
Shelter Program.--The bill would extend the authorization of 
the Family Violence Prevention and Services/Battered Women's 
Shelter program from 2005 through 2007. The program provides 
grants to states to provide shelter and assistance to victims 
of domestic violence. The current authorization is $175 million 
annually through 2005. The program is funded at $124 million in 
2002.
    National Domestic Violence Hotline.--S. 2998 would 
authorize $5 million in each year from 2003 through 2007 for 
the National Domestic Violence Hotline. The hotline is a 
national toll-free telephone hotline that provides information 
and assistance to victims of domestic violence throughout the 
United States. The program currently is authorized at $2 
million annually through 2005 by the Family Violence Prevention 
and Services Act, and received an appropriation of that amount 
in 2002.
    Demonstration Grants for Community Initiatives.--The bill 
would extend the authorization for grants for community 
initiatives through 2007. The program awards grants to 
nonprofit organizations to coordinate domestic violence 
intervention and prevention programs in local communities. The 
program is currently authorized at $6 million annually through 
2005 and is funded at $6 million in 2002.
    Transitional Housing Assistance.--S. 2998 would authorize 
$25 million in each of the fiscal years 2003 through 2007 for 
housing assistance for victims of domestic violence. The 
program was authorized at $25 million for 2001, but the program 
has never been funded.
    National Domestic Violence Hotline Enhancement.--The bill 
would authorize $5 million in 2003 and such sums as may be 
necessary in years 2004 through 2007 for the creation of a 
national website that would link domestic violence shelters, 
service providers and the National Domestic Violence Hotline.
    Services for Children Exposed to Domestic Violence.--S. 
2998 would authorize $20 million in each year from 2003 through 
2007 for a new competitive grant program for domestic violence 
shelters and other service providers to run programs to address 
the needs of children of abused parents.
            Title III--Adoption Opportunities
    The bill would authorize $40 million in 2003 and such sums 
as may be necessary for the next four fiscal years for the 
Adoption Opportunities program currently authorized under the 
Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978. The Adoption Opportunities program provides funds to 
organizations for programs to eliminate barriers to adoption. 
Projects include a national adoption exchange system, legal 
services programs, and programs to increase the adoption rates 
of minority children. These activities are funded at $27 
million in 2002.
            Title IV--Abandoned Infants Assistance
    S. 2998 would authorize $45 million in 2003 and such sums 
as may be necessary for the next four fiscal years for the 
Abandoned Infants Assistance program currently authorized under 
the Abandoned Infants Assistance Act of 1988. That program 
provides funds to public and private organizations for programs 
that prevent abandonment of infants with HIV/AIDS, assist 
abandoned infants, and recruit and train foster parents and 
health and social services professionals. The bill also would 
authorize about $2 million in each fiscal year for 
administrative expenses. The program is funded at $12 million 
in 2002.
    Pay-as-you-go considerations: None.
    Intergovernmental and private sector mandate: S. 2998 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would authorize $350 million in 
grants in 2003 ($2.2 billion over the 2003-2007 period), and a 
significant portion of those funds would be available to state, 
local, and tribal governments. Any costs those governments 
incur to fulfill requirements of the grants would be considered 
conditions of assistance and thus voluntary.
    Previous estimate: On April 4, 2002, CBO transmitted a cost 
estimate for H.R. 3839, the Keeping Children and Families Safe 
Act of 2002, as ordered reported by the House Committee on 
Education and the Workforce on March 20, 2002. In most cased 
the estimate authorizations of appropriations in S. 2998 are 
identical to those in H.R. 3839; however, S. 2998 would create 
three new programs and would authorize higher appropriations 
for the National Domestic Violence Hotline.
    Estimate prepared by: Federal costs: Donna Wong; Impact 
state, local, and tribal governments: Leo Lex; impact on the 
private sector: Kate Bloniarz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    VII. Section-by-Section Analysis


          THE KEEPING CHILDREN AND FAMILIES SAFE ACT, S. 2998

Section 1. Short title

    This Act may be cited as the ''Keeping Children and 
Families Safe Act of 2002''.

Sec. 2. Table of contents

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT


Sec. 101. Findings

    Section 2 updates the findings under the act with the most 
recent data available.

                      Subtitle A--General Program


Sec. 111. National Clearinghouse for information relating to child 
        abuse

    Section 111 modifies Section 103(b) to ensure that the 
Clearinghouse maintains all effective programs, including 
private and community-based programs that show promise of 
success with respect to the prevention, assessment, 
identification, and treatment of child abuse and neglect and 
hold the potential for broad scale implementation and 
replication. The Clearinghouse also would be required to 
maintain information about the best practices used for 
achieving improvements in child protective systems; and, 
provide technical assistance upon request that may include an 
evaluation or identification of: (A) various methods and 
procedures for the investigation, assessment, and prosecution 
of child physical and sexual abuse cases; (B) ways to mitigate 
psychological trauma to the child victim; and (C) effective 
programs carried out by the States under this Act; and provide 
for and disseminate information relating to various training 
resources available at the State and local level to: 
individuals who are engaged, or who intend to engage, in the 
prevention, identification, and treatment of child abuse and 
neglect; and appropriate State and local officials to assist in 
training law enforcement, legal, judicial, medical, mental 
health, education, and child welfare personnel.
    Section 103(c)(1) is amended to require HHS to collect and 
disseminate information that describes best practices being 
used throughout the Nation for making appropriate referrals 
related to, and addressing, the physical, developmental, and 
mental health needs of abused and neglected children.

Sec. 112. Research and assistance activities and demonstrations

    Section 112 amends Section 104(a) to include longitudinal 
research, as well as research on the effects of abuse and 
neglect on a child's development and the identification of 
successful early intervention services or other services that 
are needed. In addition, this Section requires the Secretary to 
undertake a National Incidence Study (NIS) and requires the 
study to include the incidence and prevalence of child 
maltreatment by a wide array of demographic characteristics 
such as age, sex, race, household relationship, family 
structure, school enrollment and educational attainment, 
disability, grandparents as caregivers, labor force status, 
work status in the previous year, and income in the previous 
year; the evaluation and dissemination of best practices 
consistent with the goals of achieving improvements in the 
child protection services systems to promote effective 
approaches to interagency collaboration between the child 
protection system and the juvenile justice system that improve 
the delivery of services and treatment; an evaluation of the 
redundancies and gaps in services to make better use of 
resources; and the nature, scope, and practice of voluntary 
relinquishment for foster care or State guardianship of low 
income children who need health services, including mental 
health services.
    This Section requires the Secretary to prepare and submit 
the National Incidence Study to the Committee on Education and 
the Workforce of the House of Representatives and the Committee 
on Health, Education, Labor and Pensions of the Senate, no 
later than 4 years after the date of enactment.
    This Section also amends Section 104(b) to include private 
agencies and community-based organizations as organizations who 
should receive technical assistance for effective approaches 
being utilized to link child protective service agencies with 
health care, mental health care, and developmental services to 
improve forensic diagnosis and health evaluations, and barriers 
and shortages to such linkages.
    Section 104 is further amended by moving ``Demonstrations 
Programs and Projects'' from Section 105 to Section 104 to 
allow the Secretary to award grants to, and enter into 
contracts with, States or public or private agencies or 
organizations (or combinations of such agencies or 
organizations) for time-limited, demonstration projects for the 
following:
          (1) Promotion of Safe, Family-Friendly Physical 
        Environments for Visitation and Exchange to assist in 
        establishing and operating safe, family-friendly 
        physical environments for court-ordered, supervised 
        visitation between children and abusing parents; and to 
        safely facilitate the exchange of children for visits 
        with noncustodial parents in cases of domestic 
        violence;
          (2) Education Identification, Prevention, and 
        Treatment for projects that provide educational 
        identification, prevention, and treatment services in 
        cooperation with preschool and elementary and secondary 
        schools;
          (3) Risk and Safety Assessment Tools for projects 
        that provide for the development of risk and safety 
        assessment tools relating to child abuse and neglect;
          (4) Training for projects that involve innovative 
        training for mandated child abuse and neglect 
        reporters; and
          (5) Comprehensive Adolescent Victim/Victimizer 
        Prevention Programs to organizations that demonstrate 
        innovation in preventing child sexual abuse through 
        school-based programs in partnership with parents and 
        community-based organizations to establish a network of 
        trainers who will work with schools to implement the 
        program.

Sec. 113. Grants to states and public or private agencies and 
        organizations

    This Section amends Section 105(a) to provide grants for a 
variety of training programs designed to improve training to 
child protection services (CPS) and other child and family 
service workers, (including supervisors). Suggested projects 
include training workers on how to best work with families from 
initial investigation through treatment; cross-training to 
better recognize neglect, domestic violence or substance abuse 
in a family; training to strengthen linkages between CPS and 
health agencies including physical and mental health services 
and to promote partnerships that offer creative approaches to 
meet the needs of abused children; as well as training for CPS 
workers on their legal duties. The Section also encourages 
attention to staff recruitment and retention issues.
    In addition, this section is amended to promote better 
coordination between agencies to improve services to children. 
Specifically through improving links between child protection 
services and education, health, mental health, and judicial 
systems to ensure that children who are abused and neglected 
are properly identified and receive referrals to appropriate 
services. It further encourages greater collaboration between 
child protection services and the juvenile justice system to 
ensure that children who move between these two systems do so 
smoothly and receive appropriate services. In addition, it 
promotes partnerships between public agencies and community-
based organizations to provide child abuse and neglect 
prevention and treatment programs.

Sec. 114. Grants to states for child abuse and neglect prevention and 
        treatment programs

    This Section amends Section 106(a) to promote developing 
and updating systems of technology that support the program and 
track reports of child abuse and neglect from intake through 
final disposition and allow interstate and intrastate 
information exchange. As a condition of receiving state grant 
money, States would be required to have triage procedures for 
the referral of a child not at imminent risk of harm to a 
community or voluntary child maltreatment prevention service 
and to have procedures to improve the training, retention, and 
supervision of caseworkers. States would be required to have 
policies and procedures (including appropriate referrals to 
child protection services systems and for other appropriate 
services) to address the needs of infants born and identified 
with illegal substance abuse or withdrawal symptoms resulting 
from prenatal drug exposure. States would also be required to 
have provisions to require disclosures of confidential 
information to any Federal, State, or local government entity, 
or any agent of such entity, that has a need for such 
information in order to carry out its responsibilities under 
law to protect children from abuse and neglect.
    This Section modifies the appointment of court appointed 
special advocates (CASAs) and guardian ad litem to ensure that 
they have training appropriate to the role. States would be 
required to have procedures to require that a representative of 
the child protection services agency shall, at the initial time 
of contact with the individual subject to a child abuse and 
neglect investigation, advise the individual of the complaints 
or allegations made against the individual, in a manner that is 
consistent with laws protecting the rights of the informant. 
States are also required to perform background checks on all 
adults in prospective foster care households.
    This Section revises the Citizen Review Panels to provide 
for public outreach and comment in order to assess the impact 
of current procedures and practices upon children and families 
in the community and in order to meet its obligations. The 
appropriate State agency is to submit a written response to the 
State and local child protection system, within six months, 
that describes whether or how the State will incorporate the 
recommendations of the Citizen Review Panel (where appropriate) 
to make measurable progress in improving the State and local 
child protective system.

Sec. 115. Miscellaneous requirements relating to assistance

    This Section amends Section 108 by requiring, no later than 
February 1, 2003, the Comptroller General of the United States 
to conduct a survey of a wide range of State and local child 
protection service systems to evaluate and submit to Congress a 
report concerning the current training (including cross-
training in domestic violence or substance abuse) of child 
protective service workers in the outcomes for children and to 
analyze and evaluate the effects of caseloads, compensation, 
and supervision on staff retention and performance; the 
efficiencies and effectiveness of agencies that provide cross-
training with court personnel; and recommendations to 
strengthen child protective service effectiveness to improve 
outcomes for children.
    This Section notes that it is the sense of Congress that 
the Secretary should encourage all States and public and 
private agencies or organizations that receive assistance under 
this title to ensure that children and families with limited 
English proficiency who participate in programs under this 
title are provided materials and services under such programs 
in an appropriate language other than English.
    This Section also amends Section 105(a)(4) to allow the 
Secretary, in collaboration with the John H. Chafee Foster Care 
Independence Board (under Section 477 of the Social Security 
Act), to make grants to eligible partnerships of public 
agencies or private nonprofit organizations in not more than 10 
States to assist the partnerships in developing and 
implementing methods of providing long- and short-term 
financial security for youth in foster care and youth aging out 
of foster care.
            Use of funds
    A partnership that receives a grant shall use the funds 
made available through the grant to carry out one or more of 
the following activities:
    (i) Opportunity Passports--Develop and provide, for youth 
in foster care and aging out of foster care, electronic 
opportunity passports, electronic cards or secure Internet 
databases that contain medical records, legal identification 
(analogous to a Social Security card or birth certificate), and 
school transcripts, to ensure that the youth can carry or 
readily access the vital information.
    (ii) Individual Development Accounts--Establish and provide 
individual development accounts, to assist youth in foster care 
and aging out of foster care to obtain postsecondary education, 
pay for housing, pay for medical care, or operate a business. 
In establishing and providing such an account, the partnership 
shall provide a small amount of seed money and shall require 
the account holder to attend money management training and 
contribute to the account before receiving access to the 
account.
    (iii) Accounts Maintained After Adoption--Such accounts 
shall not be terminated as a result of the adoption of the 
individual.
    (iv) Other Federal Assistance.--Such accounts provided to 
an individual may be disregarded for purposes of determining 
the individual's eligibility for, or the amount of, any other 
Federal or Federally supported assistance, except that the 
total amount of assistance to an individual under this 
subparagraph and under other Federal and Federally supported 
programs shall not exceed the total cost of attendance, as 
defined in Section 472 of the Higher Education Act of 1965, and 
except that the partnership shall take appropriate steps to 
prevent duplication of benefits under this and other Federal or 
Federally supported programs.
    This Section further identifies information concerning an 
individual that is obtained by a partnership in the 
implementation of this subparagraph shall remain private and 
confidential and shall not be disclosed without the informed 
consent of the individual or otherwise in accordance with 
applicable Federal, State, or local laws relating to medical 
privacy. An entity that discloses information in violation of 
this clause shall be subject to applicable Federal, State or 
local laws relating to the unlawful disclosure of confidential 
information.
            Funding
    This Section amends Section 112 by authorizing $10,000,000 
for such accounts in fiscal year 2003 and such sums as may be 
necessary for fiscal year 2004 through 2007; of the amount 
appropriated in each fiscal year, not less than 75 percent of 
such amount shall be used for Opportunity Passports.

Sec. 116. Authorization of appropriations

    This Section amends Section 112(a)(1) to authorize 
$120,000,000 for fiscal year 2003 and such sums as may be 
necessary for fiscal years 2004 through 2007.

  Subtitle B--Community-Based Grants for the Prevention of Child Abuse


Sec. 121. Purpose and authority

    This Section amends the Section 201(a)(1) definition of the 
purpose of this title to support community-based efforts to 
develop, operate, expand, enhance, and, where appropriate to 
network, initiatives aimed at the prevention of child abuse and 
neglect, and to support networks of coordinated resources and 
activities to better strengthen and support families to reduce 
the likelihood of child abuse and neglect.

Sec. 122. Eligibility

    This Section amends Section 202 to conform to community-
based and prevention-focused programs and activities to prevent 
child abuse and neglect.

Sec. 124. Existing grants

    Section 204 is repealed.

Sec. 125. Application

    Section 205 conforms the definition to community-based and 
prevention-focused programs and activities to prevent child 
abuse and neglect and requires a description of the inventory 
of current unmet needs and current family resource services 
operating in the State.

Sec. 126. Local program requirements

    Section 126 amends Section 206(a) to include ``home 
visiting'' among other core services which must be provided or 
arranged for through contracts or agreements with other local 
agencies.

Sec. 127. Performance measures

    Section 207 is amended to make technical and conforming 
changes.

Sec. 128. National network for community-based family resource programs

    Section 208(3) is amended to make conforming changes.

Sec. 129. Definitions.

    This Section makes the following definition revisions:
          (1) Children with disabilities.--Section 209(1) of 
        the Child Abuse Prevention and Treatment Act (42 U.S.C. 
        5116h(1)) is amended by striking ``given such term in 
        Section 602(a)(2)'' and inserting ``given the term 
        `child with a disability' in Section 602(3)''.
          (2) Community-based and prevention-focused programs 
        and activities to prevent child abuse and neglect.--
        Section 209 of the Child Abuse Prevention and Treatment 
        Act (42 U.S.C. 5116h) is amended by striking paragraphs 
        (3) and (4) and inserting the following:
          ``(3) Community-based and prevention-focused programs 
        and activities to prevent child abuse and neglect.--The 
        term `community-based and prevention-focused programs 
        and activities to prevent child abuse and neglect' 
        includes organizations such as family resource 
        programs, family support programs, voluntary home 
        visiting programs, respite care programs, and other 
        community programs that provide activities that are 
        designed to prevent or respond to child abuse and 
        neglect.''

Sec. 130. Authorization of appropriations

    Section 210 authorizes $80,000,000 for fiscal year 2003 and 
such sums as may be necessary for fiscal years 2004 to 2007.

  TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT


             Subtitle A--Reauthorization of Grant Programs


Sec. 201. State demonstration grants

    This Section amends Section 303(a)(2)(C) to reference the 
definition of ``underserved populations'' and requires State 
grantees to submit a report to the Secretary that contains a 
description of activities carried out.

Sec. 202. Secretarial responsibilities

    The amendment of Section 305(a) will enable more than one 
employee to carry out the required functions of the Act.

Sec. 203. Evaluation

    This Section amends Section 306 to indicate that the 
Secretary shall review, evaluate, and report to the appropriate 
committees of Congress every two years on the effectiveness of 
the programs administered, as opposed to no later than two 
years after funds have been obligated.

Sec. 204. Information and technical assistance centers

    Section 308 is amended by removing the publication within 
90 days requirement.

Sec. 205. General authorization of appropriations

    The Section extends the authorization of $175,000,000 
through 2007.

Sec. 206. Grants for State Domestic Violence Coalitions

    Section 311(g) is amended to allow not less than 10 percent 
of State Grants to be made available to State Domestic Violence 
Coalitions under this Section for a fiscal year.
    Section 311 is amended by repealing subsection (h), 
establishing time frames for regulations.

Sec. 207. Evaluation and monitoring

    Section 312 is amended to require the Secretary to use not 
more than 2 percent of the amount appropriated under Section 
310(a) for each fiscal year for evaluation, monitoring, and 
other administrative costs under this title.

Sec. 208. Family member abuse information and documentation project

    This Section repeals Section 313.

Sec. 209. Model state leadership grants

    This Section repeals Section 315.

Sec. 210. National domestic violence hotline grant

    Section 316(b) is amended to permit an extension of this 
grant if the Grantee submits a report evaluating the 
effectiveness of the program. The Section authorizes to 
$5,000,000 for each of fiscal years 2003 to 2007.

Sec. 211. Youth education and domestic violence

    Section 317 is repealed.

Sec. 212. Demonstration grants for community initiatives

    Section 318(h) is amended to authorize $6,000,000 for each 
of fiscal years 2003 to 2007.
    Section 318(i) is repealed.

Sec. 213. Transitional housing reauthorization

    Section 319(f) is amended to authorize $25,000,000 for each 
of fiscal years 2003 to 2007.

Sec. 214. Technical and conforming amendments

    This Section makes general punctuation and minor language 
changes.

             Subtitle B--National Domestic Violence Hotline


Sec. 221. National domestic violence hotline enhancement

    As amended by Section 211, this Section establishes a 
highly secure electronic network to link domestic violence 
shelters and service providers and the National Domestic 
Violence Hotline on a confidential website. The website would 
provide a continuously updated list of shelter availability 
anywhere in the United States at any time and would provide 
comprehensive information describing the services each shelter 
provides such as medical, social and bilingual services. It 
would also provide internet access to shelters that do not have 
appropriate technology. The Section is authorized at $5,000,000 
in fiscal year 2003 and such sums for fiscal years 2004 through 
2007.

       Subtitle C--Children Exposed to Domestic Violence Program


Sec. 231. Purpose

    It is the purpose of this subtitle to reduce the impact of 
exposure to domestic violence in the lives of children and 
youth.

Sec. 232. Services for children exposed to domestic violence

    This Section creates the Children Exposed to Domestic 
Violence Program which provides competitive grants for shelters 
and other domestic violence service providers to run programs 
to address the physical, emotional and logistical needs of 
children who enter their programs with mothers who are abused. 
It provides grants to local agencies for the training of child 
welfare, and where appropriate, court and law enforcement 
personnel to assist them in addressing cases where child abuse 
and domestic violence intersect. Finally, it provides funds to 
nonprofit agencies to bring various service providers together 
to design and implement multi-system intervention programs for 
children exposed to domestic violence.

                 TITLE III--ADOPTION OPPORTUNITIES ACT


Sec. 301. Congressional findings and declaration of purpose

    This Section amends Section 201 by revising and updating 
the current foster care and adoption statistics and calls 
attention to the need to eliminate continued geographic 
barriers to adoption.

Sec. 302. Information and services

    Section 203 is amended to promote the implementation of 
programs that are intended to increase the number of older 
children (who are less likely to be adopted) placed in adoptive 
families; services for families adopting special needs children 
and improving the placement rate of children in foster care.
    This Section also adds the Elimination of Barriers to 
Adoptions Across Jurisdictional Boundaries to allow the 
Secretary to award grants to, or enter into contracts with, 
States, local government entities, public or private child 
welfare or adoption agencies, adoption exchanges, or adoption 
family groups to carry out initiatives to improve efforts to 
eliminate barriers to placing children for adoption across 
jurisdictional boundaries. In addition, this Section is amended 
to allow services provided under these grants to supplement, 
not supplant, services provided using any other funds made 
available for the same general purposes including
          (A) Developing a uniform homestudy standard and 
        protocol for acceptance of homestudies between States 
        and jurisdictions;
          (B) Developing models of financing cross-
        jurisdictional placements;
          (C) Expanding the capacity of all adoption exchanges 
        to serve increasing numbers of children;
          (D) Developing training materials and training social 
        workers on preparing and moving children across State 
        lines; and
          (E) Developing and supporting initiative models for 
        networking among agencies, adoption exchanges, and 
        parent support groups across jurisdictional 
        boundaries.''

Sec. 303. Study of adoption placements

    Section 204 is amended to include research on how 
interstate placements are being financed across State lines; 
recommendations on best practice models for both interstate and 
intrastate adoptions; and how State policies in defining 
special needs children differentiate or group similar 
categories of children.

Sec. 304. Authorization of appropriations

    Section 205(a) is amended to authorize $40,000,000 for 
fiscal year 2003 and such sums as may be necessary for fiscal 
years 2004 through 2007.

Sec. 305. Adoption action plan

    This Section requires the Secretary of HHS in consultation 
with the General Accounting Office to submit to the Committee 
on Health, Education, Labor, and Pensions of the Senate and the 
Committee on Education and Workforce of the House of 
Representatives a report that contains recommendations for an 
action plan to facilitate the interjurisdictional adoption of 
foster children no later than 1 year after the date of 
enactment of this Act.
    Congress bases this request on the following findings:
          (1) the Adoption and Safe Families Act of 1997 
        mandated that ``the State shall not delay or deny the 
        placement of a child for adoption when an approved 
        family is available outside of the jurisdiction with 
        responsibility for handling the case of the child'';
          (2)(A) the policy and legal focus on expanding the 
        pool of adoptive families for waiting children in 
        foster care, as expressed by the Adoption and Safe 
        Families Act of 1997, has brought attention to the need 
        to improve interjurisdictional practice whether across 
        State or county lines; and
          (B) case workers, agency administrators, and State 
        policy makers in many cases have resisted the use of 
        interjurisdictional placements for children in their 
        caseloads, citing practice, policy, legal, 
        bureaucratic, and fiscal concerns;
          (3) the National Conference of State Legislators has 
        noted that among the many challenges `interstate 
        adoptions of special needs children has been 
        complicated by a lack of familiarity with the 
        Interstate Compact on the Placement of Children on the 
        part of caseworkers and judges, the absence of a 
        standard protocol for pre-placement home studies, 
        delays in the Interstate Compact on the Placement of 
        Children process, and similar issues'; and in its 
        November 1999 report to Congress, the General 
        Accounting Office found that public child welfare 
        agencies have done little to improve the 
        interjurisdictional adoption process.

               TITLE IV--ABANDONED INFANTS ASSISTANCE ACT


Sec. 401. Findings

    This Section amends Section 2 by inserting ``appropriate 
training is needed for personnel working with infants and young 
children with life-threatening conditions and other special 
needs, including those who are infected with the human 
immunodeficiency virus (commonly known as `HIV'), those who 
have acquired immune deficiency syndrome (commonly know as 
`AIDS'), and those who have been exposed to dangerous drugs'' 
as well as adding ``Private, Federal, State, and local 
resources should be coordinated to establish and maintain such 
services and to ensure the optimal use of all such resources.''

Sec. 402. Establishment of local programs

    This Section prevents the Secretary from making a grant 
under this Section unless the applicant for the grant agrees to 
give priority to abandoned infants and young children who are 
infected with, or have been perinatally exposed to, the human 
immunodeficiency virus, or have a life-threatening illness or 
other special medical need; or have been perinatally exposed to 
a dangerous drug.

Sec. 403. Evaluations, study, and reports by Secretary

    Section 102 is amended to require the Secretary to, 
directly or through contracts, with public and nonprofit 
private entities, provide for evaluations of projects carried 
out under Section 101 and for the dissemination of information 
developed as a result of such projects. This Section also 
requires the Secretary to conduct a study on the details of 
abandoned infants and young children, and evaluate and report 
on effective methods of intervening to prevent such 
abandonments, and effective methods for responding to the needs 
of abandoned infants and young children.

Sec. 404. Authorization of appropriations

    Section 104 authorizes $45,000,000 for fiscal year 2003 and 
such sums as may be necessary for fiscal years 2004 through 
2007. Not more than 5 percent of these amounts for any fiscal 
year may be obligated for carrying out the evaluation of local 
programs.

Sec. 405. Definitions

    Section 103 is amended to include the following definitions 
for this subtitle:
    (1) The terms `abandoned' and `abandonment', with respect 
to infants and young children, mean that the infants and young 
children are medically cleared for discharge from acute-care 
hospital settings, but remain hospitalized because of a lack of 
appropriate out-of-hospital placement alternatives.
    (2) The term `acquired immune deficiency syndrome' includes 
infection with the etiologic agent for such syndrome, any 
condition indicating that an individual is infected with such 
etiologic agent, and any condition arising from such etiologic 
agent.
    (3) The term `dangerous drug' means a controlled substance, 
as defined in Section 102 of the Controlled Substances Act.
    (4) The term `natural family' shall be broadly interpreted 
to include natural parents, grandparents, family members, 
guardians, children residing in the household, and individuals 
residing in the household on a continuing basis who are in a 
care-giving situation with respect to infants and young 
children covered under this subtitle.
    (5) The term `Secretary' means the Secretary of Health and 
Human Services.

                     VIII. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed in shown in roman):

           *       *       *       *       *       *       *


                CHILD ABUSE PREVENTION AND TREATMENT ACT


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--* * *

           *       *       *       *       *       *       *


SEC. 2. FINDINGS.

    Congress finds that--
          (1) each year, [close to 1,000,000] approximately 
        900,000 American children are victims of abuse and 
        neglect;
          (2)(A) more children suffer neglect than any other 
        form of maltreatment; and
          (B) investigations have determined that approximately 
        63 percent of children who were victims of maltreatment 
        in 2000 suffered neglect, 19 percent suffered physical 
        abuse, 10 percent suffered sexual abuse, and 8 percent 
        suffered emotional maltreatment;
          (3)(A) child abuse can result in the death of a 
        child;
          (B) in 2000, an estimated 1,200 children were counted 
        by child protection services to have died as a result 
        of abuse or neglect; and
          (C) children younger than 1 year old comprised 44 
        percent of child fatalities and 85 percent of child 
        fatalities were younger than 6 years of age;
          [(2) many of these children and their families fail 
        to receive adequate protection or treatment:]
          (4)(A) many of these children and their families fail 
        to receive adequate protection and treatment;
          (B) slightly less than half of these children (45 
        percent in 2000) and their families fail to receive 
        adequate protection or treatment; and
          (C) in fact, approximately 80 percent of all children 
        removed from their homes and placed in foster care in 
        2000, as a result of an investigation or assessment 
        conducted by the child protective services agency, 
        received no services;
          [(3)] (5) the problem of child abuse and neglect 
        requires a comprehensive approach that--
                  (A) integrates the work of social service, 
                legal, health, mental health, education, and 
                substance abuse agencies and [organizations] 
                community-based organizations;
                  (B) strengthens coordination among all levels 
                of government, and with private agencies, 
                civic, religious, and professional 
                organizations, and individual volunteers;
                  (C) emphasizes the need for abuse and neglect 
                prevention, assessment, investigation, and 
                treatment at the neighborhood level;
                  (D) [ensures properly trained and support 
                staff with specialized knowledge,] recognizes 
                the need for properly trained staff with the 
                qualifications needed to carry out their child 
                protection duties; and
                  (E) is sensitive to ethnic and cultural 
                diversity, which may impact child rearing 
                patterns, while at the same time, not allowing 
                those differences to enable abuse;
          [(4)] (6) the failure to coordinate and 
        comprehensively prevent and treat child abuse and 
        neglect threatens the futures of thousands of children 
        and results in a cost to the Nation of billions of 
        dollars in tangible expenditures, as well as 
        significant intangible costs;
          [(5)] (7) all elements of American society have a 
        shared responsibility in responding to [this national 
        child and family emergency] child abuse and neglect;
          [(6)] (8) substantial reductions in the prevalence 
        and incidence of child abuse and neglect and the 
        alleviation of its consequences are matters of the 
        highest national priority;
          [(7)] (9) national policy should strengthen families 
        to prevent child abuse and neglect, provide support for 
        [intensive] needed services to prevent the unnecessary 
        removal of children from families, and promote the 
        reunification of families [if removal has taken place] 
        where appropriate;
          [(8)] (10) the child protection system should be 
        comprehensive, child-centered, family-focused, and 
        community-based, should incorporate all appropriate 
        measures to prevent the occurrence or recurrence of 
        child abuse and neglect, and should promote physical 
        and psychological recovery and social re-integration in 
        an environment that fosters the health, safety, self-
        respect, and dignity of the child;
          [(9)] (11) because of the limited resources available 
        in low-income communities, Federal aid for the child 
        protection system should be distributed with due regard 
        to the relative financial need of the communities;
          [(10)] (12) the Federal government should assist 
        States and communities with the fiscal, human, and 
        technical resources necessary to develop and implement 
        a successful and comprehensive child and family 
        protection strategy;
          [(11)] (13) the Federal government should provide 
        leadership and assist communities in their child and 
        family protection efforts by--
                  (A) promoting coordinated planning among all 
                levels of government;
                  (B) * * *

           *       *       *       *       *       *       *


SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD 
                    ABUSE.

    (a) Establishment.--The Secretary shall through the 
Department, or by one or more contracts of not less than 3 
years duration let through a competition, establish a national 
clearinghouse for information relating to child abuse.
    (b) Functions.--The Secretary shall, through the 
clearinghouse established by subsection (a)--
          (1) maintain, coordinate, and disseminate information 
        on [all programs, including private programs, that show 
        promise of success with respect to the prevention, 
        assessment, identification, and treatment of child 
        abuse and neglect; and] all effective programs, 
        including private and community-based programs, that 
        show promise of success with respect to the prevention, 
        assessment, identification, and treatment of child 
        abuse and neglect and hold the potential for broad 
        scale implementation and replication;
          (2) maintain information about the best practices 
        used for achieving improvements in child protective 
        systems;
          [2] (3) maintain and disseminate information relating 
        to--
                  (A) the incidence of cases of child abuse and 
                neglect in the United States;
                  (B) the incidence of such cases in 
                populations determined by the Secretary under 
                section 105(a)(1) of the Child Abuse 
                Prevention, Adoption, and Family Services Act 
                of 1988; and
                  (C) the incidence of any such cases related 
                to alcohol or drug abuse[.];
          (4) provide technical assistance upon request that 
        may include an evaluation or identification of--
                  (A) various methods and procedures for the 
                investigation, assessment, and prosecution of 
                child physical and sexual abuse cases;
                  (B) ways to mitigate psychological trauma to 
                the child victim; and
                  (C) effective programs carried out by the 
                States under this Act; and
          (5) provide for and disseminate information relating 
        to various training resources available at the State 
        and local level to--
                  (A) individuals who are engaged, or who 
                intend to engage, in the prevention, 
                identification, and treatment of child abuse 
                and neglect; and
                  (B) appropriate State and local officials to 
                assist in training law enforcement, legal, 
                judicial, medical, mental health, education, 
                and child welfare personnel.

           *       *       *       *       *       *       *

    (c) Coordination With Available Resources.--
          (1) In general.--In establishing a national 
        clearinghouse as required by subsection (a), the 
        Secretary shall--
                  (A) consult with other Federal agencies that 
                operate similar clearinghouses;
                  (B) consult with the head of each agency 
                involved with child abuse and neglect and 
                mechanisms for the sharing of such information 
                among other Federal agencies and clearinghouses 
                on the development of the components for 
                information collection and management of such 
                clearinghouse;
                  (C) develop a Federal data system involving 
                the elements under subsection (b) which, to the 
                extent practicable, coordinates existing 
                Federal, State, regional, and local child 
                welfare data systems which shall include--
                          (i) standardized data on false, 
                        unfounded, unsubstantiated, and 
                        substantiated reports; and
                          (ii) information on the number of 
                        deaths due to child abuse and neglect;
                  (D) through a national data collection and 
                analysis program and in consultation with 
                appropriate State and local agencies and 
                experts in the field, collect, compile, and 
                make available State child abuse and neglect 
                reporting information which, to the extent 
                practical, shall be universal and case specific 
                and integrated with other case-based foster 
                care and adoption data collected by the 
                Secretary;
                  (E) compile, analyze, and publish a summary 
                of the research conducted under section 
                [105(a)] 104(a); and
                  (F) collect and disseminate information that 
                describes best practices being used throughout 
                the Nation for making appropriate referrals 
                related to, and addressing, the physical, 
                developmental, and mental health needs of 
                abused and neglected children; and
                  [(F)] (G) solicit public comment on the 
                components of such clearinghouse.

           *       *       *       *       *       *       *


SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.

    (a) Research.--
          (1) Topics.--The Secretary shall, in consultation 
        with other Federal agencies and recognized experts in 
        the field, carry out a continuing interdisciplinary 
        program of research, including longitudinal research, 
        that is designed to provide information needed to 
        better protect children from abuse or neglect and to 
        improve the well-being of abused or neglected children, 
        with at least a portion of such research being field 
        initiated. Such research program [may] shall primarily 
        focus on--
                  (A) the nature and scope of child abuse and 
                neglect;
                  (B) causes, prevention, assessment, 
                identification, treatment, cultural and socio-
                economic distinctions, and the consequences of 
                child abuse and neglect[;], including the 
                effects of abuse and neglect on a child's 
                development and the identification of 
                successful early intervention services or other 
                services that are needed
                  (C) appropriate, effective and culturally 
                sensitive investigative, administrative, and 
                [judicial procedures] judicial systems, 
                including multidisciplinary, coordinated 
                decision-making procedures with respect to 
                cases of child abuse; [and]
                  (D) the evaluation and dissemination of best 
                practices consistent with the goals of 
                achieving improvements in the child protective 
                services systems of the States in accordance 
                with paragraphs (1) through (12) of section 
                106(a);
                  (E) effective approaches to interagency 
                collaboration between the child protection 
                system and the juvenile justice system that 
                improve the delivery of services and treatment, 
                including methods for continuity of treatment 
                plan and services as children transition 
                between systems;
                  (F) an evaluation of the redundancies and 
                gaps in the services in the field of child 
                abuse and neglect prevention in order to make 
                better use of resources;
                  (G) the nature, scope, and practice of 
                voluntary relinquishment for foster care or 
                State guardianship of low income children who 
                need health services, including mental health 
                services;
                  (H) the information on the national incidence 
                of child abuse and neglect specified in clauses 
                (i) through (xi) of subparagraph (H); and
                  [(D)](I) the National incidence of child 
                abuse and neglect including--
                          (i) the extent to which incidents of 
                        child abuse are increasing or 
                        decreasing in number and severity;
                          (ii) the incidence of substantiated 
                        and unsubstantiated reported child 
                        abuse cases;
                          (iii) the number of substantiated 
                        cases that result in a judicial finding 
                        of child abuse or neglect or related 
                        criminal court convictions.
                          (iv) the extent to which the number 
                        of unsubstantiated, unfounded and false 
                        reported cases of child abuse or 
                        neglect have contributed to the 
                        inability of a State to respond 
                        effectively to serious cases of child 
                        abuse or neglect;
                          (v) the extent to which the lack of 
                        adequate resources and the lack of 
                        adequate training of individuals 
                        required by law to report suspected 
                        cases of child abuse have contributed 
                        to the inability of a State to respond 
                        effectively to serious cases of child 
                        abuse and neglect;
                          (vi) the number of unsubstantiated, 
                        false, or unfounded reports that have 
                        resulted in a child being placed in 
                        substitute care, and the duration of 
                        such placement;
                          (vii) the extent to which 
                        unsubstantiated reports return as more 
                        serious cases of child abuse or 
                        neglect;
                          (viii) the incidence and prevalence 
                        of physical, sexual, and emotional 
                        abuse and physical and emotional 
                        neglect in substitute care; [and]
                          (ix) the incidence and prevalence of 
                        child maltreatment by a wide array of 
                        demographic characteristics such as 
                        age, sex, race, household relationship, 
                        family structure, school enrollment and 
                        education attainment, disability, 
                        grandparents as caregivers, labor force 
                        status, work status in previous year, 
                        and income in previous year; and
                          [(ix)](x) the incidence and outcomes 
                        of abuse allegations reported within 
                        the context of divorce, custody, or 
                        other family court proceedings, and the 
                        interaction between this venue and the 
                        child protective services system.
          (2) Research.--The Secretary shall conduct research 
        on the national incidence of child abuse and neglect, 
        including the information on the national incidence on 
        child abuse and neglect specified in subparagraphs (i) 
        through (ix) of paragraph (1)(I).
          (3) Report.--Not later than 4 years after the date of 
        the enactment of the Keeping Children and Families Safe 
        Act of 2002, the Secretary shall prepare and submit to 
        the Committee on Education and the Workforce 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 research conducted 
        under paragraph (2).
          [(2)](4) Priorities.--(A) The secretary shall 
        establish research priorities for making grants or 
        contracts for purposes of carrying out paragraph (1).
          (B) In establishing research priorities as required 
        by subparagraph (A), the Secretary shall--
                  (i) publish proposed priorities in the 
                Federal Register for public comment; and
                  (ii) allow not less than 60 days for public 
                comment on such proposed priorities.

           *       *       *       *       *       *       *

    (b) Provision of Technical Assistance.--
          (1) In general.--The Secretary shall provide 
        technical assistance to State and local public and 
        [nonprofit private agencies and] private agencies and 
        community-based organizations, including disability 
        organizations and persons who work with children with 
        disabilities, to assist such agencies and organizations 
        in planning, improving, developing, and carrying out 
        programs and activities relating to the prevention, 
        assessment, identification, and treatment of child 
        abuse and neglect.
          (2) Evaluation.--Such technical assistance may 
        include an evaluation or identification of--
                  (A) various methods and procedures for the 
                investigation, assessment, and prosecution of 
                child physical and sexual abuse cases;
                  (B) ways to mitigate psychological trauma to 
                the child victim; [and]
                  (C) effective programs carried out by the 
                States under titles I and II[.]; and
                  (D) effective approaches being utilized to 
                link child protective service agencies with 
                health care, mental health care, and 
                developmental services to improve forensic 
                diagnosis and health evaluations, and barriers 
                and shortages to such linkages.
          (3) Dissemination.--The Secretary may provide for and 
        disseminate information relating to various training 
        resources available at the State and local level to--
                  (A) * * *

           *       *       *       *       *       *       *

    (d) Peer Review for Grants.--
          (1) Establishment of peer review process.--
                  (A) * * *

           *       *       *       *       *       *       *

    (e) Demonstration Programs and Projects.--The Secretary may 
award grants to, and enter into contracts with, States or 
public or private agencies or organizations (or combinations of 
such agencies or organizations) for time-limited, demonstration 
projects for the following:
          (1) Promotion of safe, family-friendly physical 
        environments for visitation and exchange.--The 
        Secretary may award grants under this subsection to 
        entities to assist such entities in establishing and 
        operating safe, family-friendly physical environments--
                  (A) for court-ordered, supervised visitation 
                between children and abusing parents; and
                  (B) to safely facilitate the exchange of 
                children for visits with noncustodial parents 
                in cases of domestic violence.
          (2) Education identification, prevention, and 
        treatment.--The Secretary may award grants under this 
        subsection to entities for projects that provide 
        educational identification, prevention, and treatment 
        services in cooperation with preschool and elementary 
        and secondary schools.
          (3) Risk and safety assessment tools.--The Secretary 
        may award grants under this subsection to entities for 
        projects that provide for the development of risk and 
        safety assessment tools relating to child abuse and 
        neglect.
          (4) Training.--The Secretary may award grants under 
        this subsection to entities for projects that involve 
        innovative training for mandated child abuse and 
        neglect reporters.
          (5) Comprehensive adolescent victim/victimizer 
        prevention programs.--The Secretary may award grants to 
        organizations that demonstrate innovation in preventing 
        child sexual abuse through school-based programs in 
        partnership with parents and community-based 
        organization to establish a network of trainers who 
        will work with schools to implement the program. The 
        program shall be comprehensive, meet State guidelines 
        for health education, and should reduce child sexual 
        abuse by focusing on prevention for both adolescent 
        victims and victimizers.

           *       *       *       *       *       *       *


[SEC. 105. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE 
                    ORGANIZATIONS FOR DEMONSTRATION PROGRAMS AND 
                    PROJECTS.]

SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND 
                    ORGANIZATIONS.

    (a) [Demonstration]  Grants for Programs and Projects.--The 
Secretary may make grants to, and enter into contracts with, 
States public agencies or private [nonprofit] agencies or 
organizations (or combinations of such agencies or 
organizations) for [time limited, demonstration] programs and 
projects for the following purposes:
          (1) Training programs.--The Secretary may award 
        grants to public or private nonprofit organizations 
        under this section--
                  (A) for the training of professional and 
                paraprofessional personnel in the fields of 
                medicine, law, [education, social work, and 
                other relevant fields] law enforcement, 
                judiciary, social work and child protection, 
                education, and other relevant fields, or 
                individuals such as court appointed special 
                advocates (CASAs) and guardian ad litem, who 
                are engaged in, or intend to work in, the field 
                of prevention, identification, and treatment of 
                child abuse and neglect, including the links 
                between domestic violence and child abuse;
                  (B) to improve the recruitment, selection, 
                and training of volunteers serving in public 
                and private [nonprofit children, youth and 
                family service organizations in order to 
                prevent child abuse and neglect through 
                collaborative analysis of current recruitment, 
                selection, and training programs and 
                development of model programs for dissemination 
                and replication nationally; and] children, 
                youth and family service organizations in order 
                to prevent child abuse and neglect;
                  (C) for the establishment of resource centers 
                for the purpose of providing information and 
                training to professionals working in the field 
                of child abuse and neglect[.] ;
                  (D) for training to support the enhancement 
                of linkages between child protective service 
                agencies and health care agencies, including 
                physical and mental health services to improve 
                forensic diagnosis and health evaluations and 
                for innovation partnerships between child 
                protective service agencies and health care 
                agencies that offer creative approaches to 
                using existing Federal, State, local, and 
                private funding to meet the health evaluation 
                needs of children who have been subjects of 
                substantiated cases of child abuse or neglect;
                  (E) for training of personnel in best 
                practices to promote collaboration with the 
                families from the initial time of contact 
                during the investigation through treatment;
                  (F) for the training of personnel regarding 
                their responsibilities to protect the legal 
                rights of children and families;
                  (G) for improving the training of supervisory 
                and nonsupervisory child welfare workers;
                  (H) for enabling State child welfare agencies 
                to coordinate the provision of services with 
                State and local health care agencies, alcohol 
                and drug abuse prevention and treatment 
                agencies, mental health agencies, and other 
                public and private welfare agencies to promote 
                child safety, permanence, and family stability;
                  (I) for cross training for child protective 
                service workers in recognizing situations of 
                substance abuse, domestic violence, and 
                neglect; and
                  (J) for developing, implementing, or 
                operating information and education programs or 
                training programs designed to improve the 
                provision of services to disabled infants with 
                life-threatening conditions for--
                          (i) professionals and 
                        paraprofessional personnel concerned 
                        with the welfare of disabled infants 
                        with life-threatening conditions, 
                        including personnel employed in child 
                        protective services programs and health 
                        care facilities; and
                          (ii) the parents of such infants.
          (2) Triage procedures.--The Secretary may award 
        grants under this subsection to public and private 
        agencies that demonstrate innovation in responding to 
        reports of child abuse and neglect, including programs 
        of collaborative partnerships between the State child 
        protective services agency, community social service 
        agencies and family support programs, schools, churches 
        and synagogues, and other community agencies, to allow 
        for the establishment of a triage system that--
                  (A) accepts, screens, and assesses reports 
                received to determined which such reports 
                require an intensive intervention and which 
                require voluntary referral to another agency, 
                program, or project
                  (B) provides, either directly or through 
                referral, a variety of community-linked 
                services to assist families in preventing child 
                abuse and neglect; and
                  (C) provides further investigation and 
                intensive intervention where the child's safety 
                is in jeopardy.
          [(2)] (3) Mutual support programs.--The Secretary may 
        award grants to private nonprofit organizations [(such 
        as Parents Anonymous)] to establish or maintain a 
        national network of mutual support and self-help 
        programs as a means of strengthening families in 
        partnership with their communities.
          [(3)] (4) [Other innovative programs and projects.--]
                  [(A) In general.--The Secretary may award 
                grants to public and private nonprofit agencies 
                that demonstrate innovation in responding to 
                reports of child abuse and neglect including 
                programs of collaborative partnerships between 
                the State child protective services agency, 
                community social service agencies and family 
                support programs, schools, churches and 
                synagogues, and other community agencies to 
                allow for the establishment of a triage system 
                that--
                          [(i) accepts, screens and assesses 
                        reports received to determine which 
                        such reports require an intensive 
                        intervention and which require 
                        voluntary referral to another agency, 
                        program or project;
                          [(ii) provides, either directly or 
                        through referral, a variety of 
                        community-linked services to assist 
                        families in preventing child abuse and 
                        neglect; and
                          [(iii) provides further investigation 
                        and intensive intervention where the 
                        child's safety is in jeopardy.]
                  [(B) Kinship care.--] (4) Kinship care.--
                  [(A) In general._The Secretary may award 
                grants to public and private [nonprofit] 
                entities in not more than 10 States to assist 
                such entities in developing or implementing 
                procedures using adult relatives as the 
                preferred placement for children removed from 
                their home, where such relatives are determined 
                to be capable of providing a safe nurturing 
                environment for the child and where such 
                relatives comply with the State child 
                protection standards.
                  [(C) Promotion of safe, family-friendly 
                physical environments for visitation and 
                exchange.--The Secretary may award grants to 
                entities to assist such entities in 
                establishing and operating safe, family-
                friendly physical environments--
                          [(i) for court-ordered supervised 
                        visitation between children and abusing 
                        parents; and
                          [(ii) to safely facilitate the 
                        exchange of children for visits with 
                        noncustodian parents in cases of 
                        domestic violence.]
                  (B) Opportunity passports and other 
                assistance.--
                          (i) Grants.--The Secretary, in 
                        collaboration with the John H. Chafee 
                        Foster Care Independence Board (under 
                        section 477 of the Social Security 
                        Act), may make grants to eligible 
                        partnerships of public agencies or 
                        private nonprofit organizations in not 
                        more than 10 States to assist the 
                        partnerships in developing and 
                        implementing methods of providing long- 
                        and short-term financial security for 
                        youth in foster care and youth aging 
                        out of foster care. A partnership shall 
                        be eligible for a grant under this 
                        subparagraph if such partnership has a 
                        board of directors that includes 
                        representatives of youth in foster care 
                        and aging out of foster care.
                          (ii) Use of funds.--
                                  (I) In general.--A 
                                partnership that receives a 
                                grant under clause (i) shall 
                                use the funds made available 
                                through the grant to carry out 
                                1 or more of the activities 
                                described in subclauses (II) or 
                                (III).
                                  (II) Opportunity passports.--
                                The partnership may use the 
                                funds to develop and provide, 
                                for youth in foster care and 
                                aging out of foster care, 
                                electronic opportunity 
                                passports, electronic cards or 
                                secure Internet databases that 
                                contain medical records, legal 
                                identification (analogous to a 
                                Social Security card or birth 
                                certificate), and school 
                                transcripts, to ensure that the 
                                youth can carry or readily 
                                access the vital information.
                                  (III) Individual development 
                                accounts.--The partnership may 
                                use the funds to establish and 
                                provide individual development 
                                accounts, to assist youth in 
                                foster care and aging out of 
                                foster care to obtain 
                                postsecondary education, pay 
                                for housing, pay for medical 
                                care, or operate a business. In 
                                establishing and providing such 
                                an account, the partnership 
                                shall provide a small amount of 
                                seed money and shall require 
                                the account holder to attend 
                                money management training and 
                                contribute to the account 
                                before receiving access to the 
                                account.
                          (iii) Accounts maintained after 
                        adoption.--An account established for 
                        an individual under this subparagraph 
                        shall not terminate as a result of the 
                        adoption of the individual.
                          (iv) Other federal assistance.--The 
                        amount of assistance provided to an 
                        individual under this subparagraph may 
                        be disregarded for purposes of 
                        determining the individual's 
                        eligibility for, or the amount of, any 
                        other Federal or Federally supported 
                        assistance, except that the total 
                        amount of assistance to an individual 
                        under this subparagraph and under other 
                        Federal and Federally supported 
                        programs shall not exceed the total 
                        cost of attendance, as defined in 
                        section 472 of the Higher Education Act 
                        of 1965, and except that the 
                        partnership shall take appropriate 
                        steps to prevent duplication of 
                        benefits under this and other Federal 
                        or Federally supported programs.
                          (v) Privacy.--Information concerning 
                        an individual that is obtained by a 
                        partnership in the implementation of 
                        this subparagraph shall remain private 
                        and confidential and shall not be 
                        disclosed without the informed consent 
                        of the individual or otherwise in 
                        accordance with applicable Federal, 
                        State, or local laws relating to 
                        medical privacy. An entity that 
                        discloses information in violation of 
                        this clause shall be subject to 
                        applicable Federal, State or local laws 
                        relating to the unlawful disclosure of 
                        confidential information.
                          (vi) Definition.--In this 
                        subparagraph, the term `youth aging out 
                        of foster care' means children who 
                        are--
                                  (I) leaving foster care 
                                because such children have 
                                attained the maximum age for 
                                foster care eligibility in a 
                                State; and
                                  (II) transitioning to 
                                independent living, as 
                                determined by the Secretary.
          (5) Linkages between child protective service 
        agencies and public health, mental health, and 
        developmental disabilities agencies.--The Secretary may 
        award grants to entities that provide linkages between 
        State or local child protective service agencies and 
        public health, mental health, and developmental 
        disabilities agencies, for the purpose of establishing 
        linkages that are designed to help assure that a 
        greater number of substantiated victims of child 
        maltreatment have their physical health, mental health, 
        and developmental needs appropriately diagnosed and 
        treated.

           *       *       *       *       *       *       *

    (b) Discretionary Grants.--In addition to grants or 
contracts made under subsection (b), grants or contracts under 
this section may be used for the following:
          [(1) Projects which provide educational 
        identification, prevention, and treatment services in 
        cooperation with preschool and elementary and secondary 
        schools.]
          [(2)] (1) Respite and crisis nursery programs 
        provided by community-based organizations under the 
        direction and supervision of hospitals.
          [(3)] (2) Respite and crisis nursery programs 
        provided by community-based organizations.
          (3) Programs based within children's hospitals or 
        other pediatric and adolescent care facilities, that 
        provide model approaches for improving medical 
        diagnosis of child abuse and neglect and for health 
        evaluations of children for whom a report of 
        maltreatment has been substantiated.
          (4)(A) Providing hospital-based information and 
        referral services to--
                  (i) * * *

           *       *       *       *       *       *       *

          (D) For purposes of this paragraph, a qualified 
        grantee is a [nonprofit] acute care hospital that--
                  (i) is in a combination with--
                          (I) * * *

           *       *       *       *       *       *       *

    (c) Evaluation.--In making grants for [demonstration] 
projects under this section, the Secretary shall require all 
such projects to be evaluated for their effectiveness. Funding 
for such evaluations shall be provided either as a stated 
percentage of a demonstration grant or as a separate grant or 
contract entered into by the Secretary for the purpose of 
evaluating a particular demonstration project or group of 
projects. In the case of an evaluation performed by the 
recipient of a grant, the Secretary shall make available 
technical assistance for the evaluation, where needed, 
including the use of a rigorous application of scientific 
evaluation techniques.

SEC. 106. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND 
                    TREATMENT PROGRAMS.

    (a) Development and Operation Grants.--The Secretary shall 
make grants to the States, based on the population of children 
under the age of 18 in each State that applies for a grant 
under this section, for purposes of assisting the States in 
improving the child protective services system of each State 
in--
          (1) the intake, assessment, screening, and 
        investigation of reports of abuse and neglect;
          (2)(A) creating and improving the use of 
        multidisciplinary teams and interagency protocols to 
        enhance investigations; and
          (B) improving legal preparation and representation, 
        including--
                  (i) procedures for appealing and responding 
                to appeals of substantiated reports of abuse 
                and neglect; and
                  (ii) provisions for the appointment of an 
                individual appointed to represent a child in 
                judicial proceedings;
          (3) case management, including ongoing case 
        monitoring, and delivery of services and treatment 
        provided to children and their families;
          (4) enhancing the general child protective system by 
        [improving risk and safety assessment tools and 
        protocols, automation systems that support the program 
        and track reports of child abuse and neglect from 
        intake through final disposition and information 
        referral systems] developing, improving, and 
        implementing risk and safety assessment tools and 
        protocols
          (5) developing and updating systems of technology 
        that support the program and track reports of child 
        abuse and neglect from intake through final disposition 
        and allow interstate and intrastate information 
        exchange;
          [5] (6) developing, strengthening, and facilitating 
        training [opportunities and requirements for 
        individuals overseeing and providing services to 
        children and their families through the child 
        protection system] including safety training 
        opportunities and requirements for child protection 
        workers.
          [(7) developing, strengthening, and supporting child 
        abuse and neglect prevention, treatment, and research 
        programs in the public and private sectors;]
          (7) improving the skills, qualifications, and 
        availability of individuals providing services to 
        children and families, and the supervisors of such 
        individuals, through the child protection system, 
        including improvements in the recruitment and retention 
        of caseworkers;
          [(6)] (8) developing and facilitating training 
        protocols for individuals mandated to report child 
        abuse or neglect;

           *       *       *       *       *       *       *

            [(8)] (9) developing implementing, or operating--
                    [(A) information and education programs or 
                training programs designed to improve the 
                provisions of services to disabled infants with 
                life-threatening conditions for--
                            [(i) professional and 
                        paraprofessional personnel concerned 
                        with the welfare of disabled infants 
                        with life-threatening conditions, 
                        including personnel employed in child 
                        protective services programs and 
                        health-care facilities; and
                            [(ii the parents of such infants; 
                        and
                    [(B) progams to assist in obtaining or 
                coordinating necessary services for families of 
                disabled infants with life-threatening 
                conditions, including--
                            [(i) existing social and health 
                        services;
                            [(ii) financial assistance; and
                            [(iii) services necessary to 
                        facilitate adoptive placement of any 
                        such infants who have been relinquished 
                        for adoption; or]
            (9) developing and facilitating training protocols 
        for individuals mandated to report child abuse or 
        neglect;
            (10) developing, implementing, or operating 
        programs to assist in obtaining or coordinating 
        necessary services for families of disabled infants 
        with life-threatening conditions, including--
                    (A) existing social and health services;
                    (B) financial assistance; and
                    (C) services necessary to facilitate 
                adoptive placement of any such infants who have 
                been relinquished for adoption;
            (11) developing and delivering information to 
        improve public education relating to the role and 
        responsibilities of the child protection system and the 
        nature and basis for reporting suspected incidents of 
        child abuse and neglect;
            [(9)] (12) developing and enhancing the capacity of 
        community-based programs to integrate shared leadership 
        strategies between parents and professionals to prevent 
        and treat child abuse and neglect at the neighborhood 
        level[.];
            (13) supporting and enhancing interagency 
        collaboration between the child protection system and 
        the juvenile justice for improved delivery of services 
        and treatment, including methods for continuity of 
        treatment plan and services as children transition 
        between systems; or
            (14) supporting and enhancing collaboration among 
        public health agencies, the child protection system, 
        and private community-based programs to provide child 
        abuse and neglect prevention and treatment services 
        (including linkages with education systems) and to 
        address the health needs, including mental health 
        needs, of children identified as abused or neglected, 
        including supporting prompt, comprehensive health and 
        developmental evaluations for children who are the 
        subject of substantiated child maltreatment reports.

           *       *       *       *       *       *       *

    (b) Eligibility Requirements.--
          (1) State plan.--
                  (A) In general.--To be eligible to receive a 
                grant under this section, a State shall, at the 
                time of the initial grant application and every 
                5 years thereafter, prepare and submit to the 
                Secretary a State plan that specifies the areas 
                of the child protective services system 
                described in subsection (a) that the State 
                intends to address with amounts received under 
                the grant.
                  (B) Additional requirement.--After the 
                submission of the initial grant application 
                under subparagraph (A), the State shall 
                [provide notice to the Secretary of any 
                substantive changes] provide notice to the 
                Secretary--
                          (i) of any substantive changes to any 
                        State law relating to the prevention of 
                        child abuse and neglect that provide 
                        notice may affect the eligibility of 
                        the State under this section[.]; and
                          (ii) any significant changes to how 
                        funds provided under this section are 
                        used to support the activities which 
                        may differ from the activities as 
                        described in the current State 
                        application.
          (2) Coordination.--A State plan submitted under 
        paragraph (1) shall, to the maximum extent practicable, 
        be coordinated with the State plan under part B of 
        title IV of the Social Security Act relating to child 
        welfare services and family preservation and family 
        support services, and shall contain an outline of the 
        activities that the State intends to carry out using 
        amounts received under the grant to achieve the 
        purposes of this title, including--
                  (A) an assurance in the form of a 
                certification by the chief executive officer of 
                the State that the State has in effect and is 
                enforcing a State law, or has in effect and is 
                operating a Statewide program, relating to 
                child abuse and neglect that includes--
                          (i) provisions or procedures for the 
                        reporting of known and suspected 
                        instances of child abuse and neglect;
                          (ii) policies and procedures 
                        (including appropriate referrals to 
                        child protection service systems and 
                        for other appropriate services) to 
                        address the needs of infants born and 
                        identified with illegal substance abuse 
                        or withdrawal symptoms resulting from 
                        prenatal drug exposure;
                          [(ii)] (iii) procedures for the 
                        immediate screening, risk and safety 
                        assessment, and prompt investigation of 
                        such reports.
                           (iv) triage procedures for the 
                        referral of a child not at risk of 
                        imminent harm to a community 
                        organization or voluntary preventive 
                        service;
                          [(iii)] (v) procedures for immediate 
                        steps to be taken to ensure and protect 
                        the safety of the abused or neglected 
                        child and of any other child under the 
                        same care who may also be in danger of 
                        abuse or neglect and ensuring their 
                        placement in a safe environment;
                          [(iv)] (vi) provisions for immunity 
                        from prosecution under State and local 
                        laws and regulations for individuals 
                        making good faith reports of suspected 
                        or known instances of child abuse or 
                        neglect;
                          [(v)] (vii) methods to preserve the 
                        confidentiality of all records in order 
                        to protect the rights of the child and 
                        of the child's parents or guardians, 
                        including requirement ensuring that 
                        reports and records made and maintained 
                        pursuant to the purposes of this Act 
                        shall only be made available to--
                                  (I) individuals who are the 
                                subject of the report;
                                  (II) Federal, State, or local 
                                government entities, or any 
                                agent of such entities[, having 
                                a need for such information in 
                                order to carry out its 
                                responsibilities under law to 
                                protect children from abuse and 
                                neglect], as described in 
                                clause (viii);
                                  (III) child abuse citizen 
                                review panels;
                                  (IV) child fatality review 
                                panels;
                                  (V) a grand jury or court, 
                                upon a finding that information 
                                in the record is necessary for 
                                the determination of an issue 
                                before the court or grant jury; 
                                and
                                  (VI) other entities or 
                                classes of individuals 
                                statutorily authorized by the 
                                State to receive such 
                                information pursuant to a 
                                legitimate State purpose;
                          (viii) provisions to require 
                        disclosures of confidential information 
                        to any Federal, State, or local 
                        government entity, or any agent of such 
                        entity, that has a need for such 
                        information in order to carry out its 
                        responsibilities under law to protect 
                        children from abuse and neglect;
                          [(vi)] (ix) provisions which allow 
                        for public disclosure of the findings 
                        or information about the case of child 
                        abuse or neglect which has resulted in 
                        a child fatality or near fatality;
                          [(vii)] (x) the cooperation of State 
                        law enforcement officials, court of 
                        competent jurisdiction, and appropriate 
                        State agencies providing human services 
                        in the investigation, assessment, 
                        prosecution, and treatment of child 
                        abuse or neglect;
                          [(viii)] (xi) provisions requiring, 
                        and procedures in place that facilitate 
                        the prompt expungement of any records 
                        that are accessible to the general 
                        public or are used for purposes of 
                        employment or other background;
                          [(ix)] (xii) provisions and 
                        procedures requiring that in every case 
                        involving an abused or neglected child 
                        which results in a judicial proceeding, 
                        a guardian ad litem, who has received 
                        training appropriate to the role, and 
                        who may be an attorney or a court 
                        appointed special advocate who has 
                        received training appropriate to that 
                        role (or both), shall be appointed to 
                        represent the child in such 
                        proceedings--
                                  (I) to obtain obtain first-
                                hand, a clear understanding of 
                                the situation and needs of the 
                                child; and
                                  (II) to make recommendations 
                                to the court concerning the 
                                best interests of the child;
                          [(x)] (xiii) the establishment of 
                        citizen review panels in accordance 
                        with subsection (c);
                          [(xi)] (xiv) provisions, procedures, 
                        and mechanisms [to be effective not 
                        later than 2 years after the date of 
                        the enactment of this section]--
                                  (I) for the expedited 
                                termination of parental rights 
                                in the case of any infant 
                                determined to be abandoned 
                                under State law; and
                                  (II) by which individuals who 
                                disagree with an official 
                                finding of abuse or neglect can 
                                appeal such funding;
                          [(xii)] (xv) provisions, procedures, 
                        and mechanisms [to be effective not 
                        later than 2 years after the date of 
                        the enactment of this section] that 
                        assure that the State does not require 
                        reunification of a surviving child with 
                        a parent who has been found by a court 
                        of competent jurisdiction--
                                  (I) to have committed murder 
                                (which would have been an 
                                offense under section 1111(a) 
                                of title 18, United States 
                                Code, if the offense had 
                                occurred in the special 
                                maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of 
                                such parent;
                                  (II) to have committed 
                                voluntary manslaughter (which 
                                would have been an offense 
                                under section 1112(a) of title 
                                18, United States Code, if the 
                                offense had occurred in the 
                                special maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of 
                                such parent;
                                  (III) to have aided or 
                                abetted, attempted, conspired, 
                                or solicited to commit such 
                                murder or voluntary 
                                manslaughter; or
                                  (IV) to have committed a 
                                felony assault that results in 
                                the serious bodily injury to 
                                the surviving child or another 
                                child of such parent; [and]
                          [(xiii)] (xvi) an assurance that, 
                        upon the implementation by the State of 
                        the provisions, procedures, and 
                        mechanisms under [clause (xii)] clause 
                        (xv), conviction of any one of the 
                        felonies listed in [clause (xii)] 
                        clause (xv) constitute grounds under 
                        State law for the termination of 
                        parental rights of the convicted parent 
                        as to the surviving children (although 
                        case-by-case determinations of whether 
                        or not to seek termination of parental 
                        rights shall be within the sole 
                        discretion of the State);
                          (xvii) provisions and procedures to 
                        require that a representative of the 
                        child protective services agency shall, 
                        at the initial time of contact with the 
                        individual subject to a child abuse and 
                        neglect investigation, advise the 
                        individual of the complaints or 
                        allegations made against the 
                        individual, in a manner that is 
                        consistent with laws protecting the 
                        rights of the informant;
                          (xviii) provisions and procedures for 
                        improving the training, retention, and 
                        supervision of caseworkers; and
                          (xix) not later than 2 years after 
                        the date of enactment of the Keeping 
                        Children and Families Safe Act of 2002, 
                        provisions and procedures for requiring 
                        criminal background record checks for 
                        prospective foster and adoptive parents 
                        and other adult relatives and non-
                        relatives residing in the household;
                Nothing in subparagraph (A) shall be construed 
                to limit the State's flexibility to determine 
                State policies relating to public access to 
                court proceedings to determine child abuse and 
                neglect.

           *       *       *       *       *       *       *

          (3) Limitation.--[With regard to clauses (v) and (vi) 
        of paragraph (2)(A)] With regard to clauses (vi) and 
        (vii) of paragraph (2)(A), nothing in this section 
        shall be construed as restricting the ability of a 
        State to refuse to disclose identifying information 
        concerning the individual initiating a report or 
        complaint alleging suspected instances of child abuse 
        or neglect, except that the State may not refuse such a 
        disclosure where a court orders such disclosure after 
        such court has reviewed, in camera, the record of the 
        State related to the report or complaint and has found 
        it has reason to believe that the reporter knowingly 
        made a false report.

           *       *       *       *       *       *       *

    (c) Citizens Review Panels.--
          (1) Establishment.--
                  (A) In General.--* * *

           *       *       *       *       *       *       *

          (4) Functions.--
                  (A) In general.--Each panel established 
                pursuant to paragraph (1) shall, by examining 
                the policies [and procedures], procedures, and 
                practices of State and local agencies and where 
                appropriate, specific cases, evaluate the 
                extent to which [the agencies] State and local 
                child protection system agencies are 
                effectively discharging their child protection 
                responsibilities in accordance with--
                          (i) the State plan under subsection 
                        (b);
                          (ii) the child protection standards 
                        set forth in subsection (b); and
                          (iii) any other criteria that the 
                        panel considers important to ensure the 
                        protection of children, including--
                                  (I) a review of the extent to 
                                which the [State] State and 
                                local child protective services 
                                system is coordinated with the 
                                foster care and adoption 
                                programs established under part 
                                E of title IV of the Social 
                                Security Act; and
                                  (II) a review of child 
                                fatalities and near fatalities 
                                (as defined in subsection 
                                (b)(4)).
                  (B) Confidentiality.--
                          (i) In general.--The members and 
                        staff of a panel established under 
                        paragraph (1)--
                                  (I) shall not disclose to any 
                                person or government official 
                                any identifying information 
                                about any specific child 
                                protection case with respect to 
                                which the panel is provided 
                                information; and
                                  (II) shall not make public 
                                other information unless 
                                authorized by State statute.
                          (ii) Civil sanctions.--Each State 
                        that establishes a panel pursuant to 
                        paragraph (1) shall establish civil 
                        sanctions for a violation of clause 
                        (i).
                  (C) Public outreach.--Each panel shall 
                provide for public outreach and comment in 
                order to assess the impact of current 
                procedures and practices upon children and 
                families in the community and in order to meet 
                its obligations under subparagraph (A).
          (5) State assistance.--Each State that establishes a 
        panel pursuant to paragraph (1)--
                  (A) shall provide the panel access to 
                information on cases that the panel desires to 
                review if such information is necessary for the 
                panel to carry out its functions under 
                paragraph (4); and
                  (B) shall provide the panel, upon its 
                request, staff assistance for the performance 
                of the duties of the panel.
          (6) Reports.--Each panel established under paragraph 
        (1) shall prepare and make available to the [public] 
        State and the public, on an annual basis, a report 
        containing a summary of the activities of the panel and 
        recommendations to improve the child protection 
        services system at the State and local levels. Not 
        later than 6 months after the date on which a report is 
        submitted by the panel to the State, the appropriate 
        State agency shall submit a written response to the 
        State and local child protection systems that describes 
        whether or how the State will incorporate the 
        recommendations of such panel (where appropriate) to 
        make measurable progress in improving the State and 
        local child protective system.

           *       *       *       *       *       *       *

    (d) Annual State Data Reports.--Each State to which a grant 
is made under this section shall annually work with the 
Secretary to provide, to the maximum extent practicable, a 
report that includes the following:
          (1) * * *

           *       *       *       *       *       *       *

          (13) The annual report containing the summary of the 
        activities of the citizen review panels of the State 
        required by subsection (c)(6).

           *       *       *       *       *       *       *


SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

    (a) Construction of Facilities.--
           (1) Restricition on use of funds.--* * *

           *       *       *       *       *       *       *

    (d) GAO Study.--Not later than February 1, 2003, the 
Comptroller General of the United States shall conduct a survey 
of a wide range of State and local child protection service 
systems to evaluate and submit to Congress a report 
concerning--
          (1) the current training (including cross-training in 
        domestic violence or substance abuse) of child 
        protective service workers in the outcomes for children 
        and to analyze and evaluate the effects of caseloads, 
        compensation, and supervision on staff retention and 
        performance;
          (2) the efficiencies and effectiveness of agencies 
        that provide cross-training with court personnel; and
          (3) recommendations to strengthen child protective 
        service effectiveness to improve outcomes for children.
    (e) Sense of Congress.--It is the sense of Congress that 
the Secretary should encourage all States and public and 
private agencies or organizations that receive assistance under 
this title to ensure that children and families with limited 
English proficiency who participate in programs under this 
title are provided materials and services under such programs 
in an appropriate language other than English.
    (f) Annual Report on Certain Programs.--A State that 
receives funds under section 106(a) shall annually prepare and 
submit to the Secretary a report describing the manner in which 
funds provided under this Act, alone or in combination with 
other Federal funds, were used to address the purposes and 
achieve the objectives of section 105(a)(4)(B).

           *       *       *       *       *       *       *


SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--
          [(1) General Authorization.--There are authorized to 
        be appropriated to carry out this title, $100,000,000 
        for fiscal year 1997, and such sums as may be necessary 
        for each of the fiscal years 1998 through 2001.]
          (2) Discretionary Activities.--
          (1) General Authorization.--There are authorized to 
        be appropriated to carry out this title (other than 
        section 105(a)(4)(B)) $120,000,000 for fiscal year 2003 
        and such sums as may be necessary for each of the 
        fiscal years 2004 through 2007.
                  (A) In General.--Of the amounts appropriated 
                for a fiscal year under paragraph (1), the 
                Secretary shall make available 30 percent of 
                such amounts to fund discretionary activities 
                under this title.
                  (B) Demonstration Projects.--Of the amounts 
                made available for a fiscal year under 
                subparagraph (A), the [Secretary make] 
                Secretary shall make available not more than 40 
                percent of such amounts to carry out [section 
                106] section 104.
    (b) Opportunity Passports.--There are authorized to be 
appropriated to carry out section 105(a)(4)(B) $10,000,000 for 
fiscal year 2003 and such sums as may be necessary for each 
subsequent fiscal year. Of the amount appropriated in each such 
fiscal year, not less than 75 percent of such amount shall be 
used as provided for under clause (ii)(II) of such section.
    [(b)] (c) Availability of Funds Without Fiscal Year 
Limitation.--The Secretary shall ensure that funds appropriated 
pursuant to authorizations in this title shall remain available 
until expended for the purposes for which they were 
appropriated.

           *       *       *       *       *       *       *


      TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

SEC. 201. PURPOSE AND AUTHORITY.

    (a) Purpose.--It is the purpose of this title.--
          [(1) to support State efforts to develop, operate, 
        expand and enhance a network of community-based, 
        prevention-focused, family resource and support 
        programs that coordinate resources among existing 
        education, vocational rehabilitation, disability, 
        respite care, health, mental health, job readiness, 
        self-sufficiency, child and family development, 
        community action, Head Start, child care, child abuse 
        and neglect prevention, juvenile justice, domestic 
        violence prevention and intervention, housing, and 
        other human service organizations with-in the State; 
        and]
          (1) to support community-based efforts to develop, 
        operate, expand, enhance, and, where appropriate to 
        network, initiatives aimed at the prevention of child 
        abuse and neglect, and to support networks of 
        coordinated resources and activities to better 
        strengthen and support families to reduce the 
        likelihood of child abuse and neglect; and
          (2) to foster an understanding, appreciation, and 
        knowledge of diverse populations in order to be 
        effective in preventing and treating child abuse and 
        neglect.

           *       *       *       *       *       *       *

    (b) Authority.--The Secretary shall make grants under this 
title on a formula basis to the entity designated by the State 
as the lead entity (hereafter referred to in this title as the 
``lead entity'') under section 202(1) for the purpose of--
          (1) developing, operating, expanding and enhancing 
        [State-wide networks of community-based, prevention-
        focused, family resource and support programs that--
        ]community-based and prevention-focused programs and 
        activities designed to prevent child abuse and neglect 
        (through networks where appropriate) that are 
        accessible, effective, culturally appropriate, and 
        build upon existing strengths that--
                  (A) offer assistance to families;
                  (B) provide early, comprehensive support for 
                parents;
                  (C) promote the development of parenting 
                skills, especially in young parents and parents 
                with very young children:
                  (D) increase family stability;
                  (E) improve family access to other formal and 
                informal resources and opportunities for 
                assistance available within communities;
                  (F) support the additional needs of families 
                with children with disabilities through respite 
                care and other services; [and]
                  [(G) decrease the risk of homelessness;]
                  (G) demonstrate a commitment to meaningful 
                parent leadership, including among parents of 
                children with disabilities, parents with 
                disabilities, racial and ethnic minorities, and 
                members of other underrepresented or 
                underserved groups; and
                  (H) provide referrals to early health and 
                developmental services;

           *       *       *       *       *       *       *

          (4) maximizing funding through leveraging of funds 
        for the financing, planning, community mobilization, 
        collaboration, assessment, information and referral, 
        startup, training and technical assistance, information 
        management, reporting and evaluation costs for 
        establishing, operating, or expanding [a Statewide 
        network of community-based, prevention-forcused], 
        community-based and prevention-focused, [family 
        resource and support program]; and programs and 
        activities designed to prevent child abuse and neglect 
        (through networks where appropriate)

           *       *       *       *       *       *       *


SEC. 202. ELIGIBILITY.

    A State shall be eligible for a grant under this title for 
a fiscal year if--
          (1)(A) the chief executive officer of the State has 
        designated a lead entity to administer funds under this 
        title for the purposes identified under the authority 
        of this title, including to develop, implement, 
        operate, enhance or expand [a Statewide network of 
        community-based, prevention-focused, family resource 
        and support programs, child abuse and neglect 
        prevention activities and access to respite care 
        services integrated with the Statewide network;] 
        community-based and prevention-focused, programs and 
        activities designed to prevent child abuse and neglect 
        (through networks where appropriate);
          (B) such lead entity is an existing public, quasi-
        public, or nonprofit private entity (which may be an 
        entity that has not been established pursuant to State 
        legislation, executive order, or any other written 
        authority of the State) that exists to strengthen and 
        support families to prevent child abuse and neglect 
        with a demonstrated ability to work with other State 
        and community-based agencies to provide training and 
        technical assistance, and that has the capacity and 
        commitment to ensure the meaningful involvement of 
        parents who are consumers and who can provide 
        leadership in the planning, implementation, and 
        evaluation of programs and policy decisions of the 
        applicant agency in accomplishing the desired outcomes 
        for such efforts;

           *       *       *       *       *       *       *

          (2) * * *
                  (A) [a network of community-based family 
                resource and support programs] community-based 
                and prevention-focused programs and activities 
                designed to prevent child abuse and neglect 
                (through networks where appropriate) composed 
                of local, collaborative, public-private 
                partnerships directed by interdisciplinary 
                structures with balanced representation from 
                private and public sector members, parents, and 
                public and private nonprofit service providers 
                and individuals and organizations experienced 
                in working in partnership with families with 
                children and disabilities;
                  (B) direction [to the network] through an 
                interdisciplinary, collaborative, public-
                private structure with balanced representation 
                from private and public sector members, 
                parents, and public sector and private 
                nonprofit sector service providers; and
                  (C) direction and oversight [to the network] 
                through identified goals and objectives, clear 
                lines of communication and accountability, the 
                provision of leveraged or combined funding from 
                Federal, State and private sources, centralized 
                assessment and planning activities, the 
                provision of training and technical assistance, 
                and reporting and evaluation functions; and
          (3) * * *
                  (A) has a demonstrated commitment to parental 
                participation in the development, operation, 
                and oversight of the [Statewide network of 
                community-based, prevention-focused, family 
                resource and support programs] community-based 
                and prevention-focused programs and activities 
                to prevent child abuse and neglect (through 
                net-works where appropriate),
                 (B) has a demonstrated ability to work with 
                State and community-based public and private 
                nonprofit organizations to develop a continuum 
                of preventive, family centered, comprehensive 
                services for children and families through the 
                [Statewide network of community-based, 
                prevention-focused, family resource and support 
                programs] community-based and prevention-
                focused programs and activities to prevent 
                child abuse and neglect (through networks where 
                appropriate)
                  (C) has the capacity to provide operational 
                support (both financial and programmatic) [and 
                training and technical assistance, to the 
                Statewide network of community-based, 
                prevention-focused, family resource and support 
                programs] training, technical assistance, and 
                evaluation assistance, to community-based and 
                prevention-focused programs and activities to 
                prevent child abuse and neglect (through 
                networks where appropriate), through 
                innovative, interagency funding and 
                interdisciplinary service delivery mechanisms; 
                and
                  (D) will integrate its efforts with 
                individuals and organizations experienced in 
                working in partnership with families with 
                children with disabilities, parents with 
                disabilities, and with the child abuse and 
                neglect prevention activities of the State, and 
                demonstrate a financial commitment to those 
                activities.

SEC. 203. AMOUNT OF GRANT.

    (a) Reservation.--* * *
    (B) * * *
          (1) * * *
                  (A) * * *
                  (B) 30 percent of such amount appropriated 
                shall be allotted among the States by allotting 
                to each State an amount that bears the same 
                proportion to such amount appropriated [as the 
                amount leveraged by the State from private, 
                State, or other non-Federal sources and 
                directed through the] as the amount of private, 
                State or other non-Federal funds leveraged and 
                directed through the currently designated State 
                lead agency in the preceding fiscal year bears 
                to the aggregate of the amounts leveraged by 
                all States from private, State, or other non-
                Federal sources and directed through [the lead 
                agency] the current lead agency of such States 
                in the preceding fiscal year.

           *       *       *       *       *       *       *

    [Section 204 of the Child Abuse Prevention and Treatment 
Act is repealed.]

SEC. 205. APPLICATION.

           *       *       *       *       *       *       *


          (1) a description of the lead entity that will be 
        responsible for the administration of funds provided 
        under this title and the oversight of programs funded 
        through the [Statewide net-work of community-based, 
        prevention-focused, family resource and support 
        programs] community-based and prevention-focused 
        programs and activities to prevent child abuse and 
        neglect (through networks where appropriate) which 
        meets the requirements of section 202;
          (2) a description of how the [network of community-
        based, prevention-focused, family resource and support 
        programs community-based and prevention-focused 
        programs and activities to prevent child abuse and 
        neglect (through networks where appropriate) will 
        operate and how family resource and support services 
        provided by public and private, nonprofit 
        organizations, [including those funded by programs 
        consolidated under this Act,] will be integrated into a 
        developing continuum of family centered, holistic, 
        preventive services for children and families;
          [(3) an assurance that an inventory of current family 
        resource programs, respite care, child abuse and 
        neglect prevention activities, and other family 
        resource services operating in the State, and a 
        description of current unmet needs, will be provided;]
          (3) a description of the inventory of current unmet 
        needs and current community-based and prevention-
        focused programs and activities to prevent child abuse 
        and neglect, and other family resource services 
        operating in the State;
          (4) a budget for the development, operation and 
        expansion of the [State's network of community-based, 
        prevention-focused, family resource and support 
        programs] community-based and prevention-focused 
        programs and activities designed to prevent child abuse 
        and neglect that verifies that the State will expend in 
        non-Federal funds an amount equal to not less than 20 
        percent of the amount received under this title (in 
        cash, not in-kind) for activities under this title;
          (5) an assurance that funds received under this title 
        will supplement, not supplant, other State and local 
        public funds designated for the [Statewide network of 
        community-based, prevention-focused, family resource 
        and support programs]; community-based and prevention-
        focused programs and activities designed to prevent 
        child abuse and neglect;

           *       *       *       *       *       *       *

          (7) a description of the criteria that the entity 
        will use to develop, or select and fund, [individual 
        community-based, prevention-focused, family resource 
        and support programs] community-based and prevention-
        focused programs and activities designed to prevent 
        child abuse and neglect as part of the network 
        development, expansion or enhancement;
          (8) a description of outreach activities that the 
        entity and the [community-based, prevention-focused, 
        family resource and support programs] community-based 
        and prevention-focused programs and activities designed 
        to prevent child abuse and neglect will undertake to 
        maximize the participation of racial and ethnic 
        minorities, children and adults with disabilities, 
        homeless families and those at risk of homelessness, 
        and members of other underserved or underrepresented 
        groups;
          (9) a plan for providing operational support, 
        training and technical assistance to [community-based, 
        prevention-focused, family resource and support 
        programs] community-based and prevention-focused 
        programs and activities designed to prevent child abuse 
        and neglect for development, operation, expansion and 
        enhancement activities;
          (10) a description of how the applicant entity's 
        activities and those of the network and its members 
        (where appropriate) will be evaluated;
          (11) a description of the actions that the applicant 
        entity will take to advocate systemic changes in State 
        policies, practices, procedures and regulations to 
        improve the delivery of [prevention-focused, family 
        resource and support program] community-based and 
        prevention-focused programs and activities designed to 
        prevent child abuse and neglect services to children 
        and families; and
          [(3)] (12) an assurance that the applicant entity 
        will provide the Secretary with reports at such time 
        and containing such information as the Secretary may 
        require.

SEC. 206. LOCAL PROGRAM REQUIREMENTS.

    (A) In General.--Grants made under this title shall be used 
to develop, implement, operate, expand and enhance community-
based [prevention-focused, family resource and support 
programs] and prevention-focused programs and activities 
designed to prevent child abuse and neglect that--

           *       *       *       *       *       *       *

          (3) * * *
                  (A) * * *
                  (B) other core services, which must be 
                provided or arranged for through contracts or 
                agreements with other local agencies, including 
                voluntary home visiting and  all forms of 
                respite care services to the extent 
                practicable; and

           *       *       *       *       *       *       *

          [(6) participate with other community-based, 
        prevention-focused, family resource and support program 
        grantees in the development, operation and expansion of 
        the Statewide network.]
          (6) participate with other community-based and 
        prevention-focused programs and activities to prevent 
        child abuse and neglect in the development, operation 
        and expansion of networks where appropriate.

           *       *       *       *       *       *       *


SEC. 207. PERFORMANCE MEASURES.

    A State receiving a grant under this title, through reports 
provided to the Secretary--
          (1) shall demonstrate the effective development, 
        operation and expansion of [a Statewide network of 
        community-based, prevention-focused, family resource 
        and support programs] community-based and prevention-
        focused programs and activities to prevent child abuse 
        and neglect that meets the requirements of this title;

           *       *       *       *       *       *       *

          [(3) shall demonstrate the establishment of new 
        respite care and other specific new family resources 
        services, and the expansion of existing services, to 
        address unmet needs identified by the inventory and 
        description of current services required under section 
        205(3);]
          (3) shall demonstrate that they will have addressed 
        unmet needs identified by the inventory and description 
        of current services required under section 205(3);
          (4) shall describe the number of families served, 
        including families with children with disabilities, and 
        parents with disabilities, and the involvement of a 
        diverse representation of families in the design, 
        operation, and [evaluation of the Statewide network 
        community-based, prevention-focused, family resource 
        and support programs, and in the design, operation and 
        evaluation of the individual community-based family 
        resource and support programs that are part of the 
        Statewide \1\ network funded under this title] 
        evaluation of community-based and prevention-focused 
        programs and activities to prevent child abuse and 
        neglect, and in the design, operation and evaluation of 
        the networks of such community-based and prevention-
        focused programs;
          (5) shall demonstrate a high level of satisfaction 
        among families who have used the services of the 
        community-based[, prevention-focused, family resource 
        and support programs] and prevention-focused programs 
        and activities designed to prevent child abuse and 
        neglect;
          (6) shall demonstrate the establishment or 
        maintenance of innovative funding mechanisms, at the 
        State or community level, that blend Federal, State, 
        local and private funds, and innovative, 
        interdisciplinary service delivery mechanisms, for the 
        development, operation, expansion and enhancement of 
        the [Statewide network of community-based, prevention-
        focused, family resource and support programs] 
        community-based and prevention-focused programs and 
        activities designed to prevent child abuse and neglect;

           *       *       *       *       *       *       *

          (8) shall demonstrate an implementation plan to 
        ensure the continued leadership of parents in the on-
        going planning, implementation, and evaluation of such 
        [community based, prevention-focused, family resource 
        and support programs] community-based and prevention-
        focused programs and activities designed to prevent 
        child abuse and neglect.

SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE 
                    PROGRAMS.

           *       *       *       *       *       *       *


          (1) * * *

           *       *       *       *       *       *       *

          (3) to fund a yearly symposium on State system change 
        efforts that result from the operation of the 
        [Statewide networks of community-based, prevention-
        focused, family resource and support programs] 
        community-based and prevention-focused programs and 
        activities designed to prevent child abuse and neglect;

           *       *       *       *       *       *       *


SEC. 209. DEFINITIONS.

    For purposes of this title:
          (1) Children with disabilities.--The term ``children 
        with disabilities'' has the same meaning [given such 
        term in section 602(a)(2)] given the term ``child with 
        a disability'' in section 602(3) of the Individuals 
        with Disabilities Education Act.

           *       *       *       *       *       *       *

          [(3) Family resource and support program.--The term 
        ``family resource and support program'' means a 
        community-based, prevention-focused entity that--
                  [(A) provides, through direct service, the 
                core of services required under this title, 
                including--
                          [(i) parent education, support and 
                        leadership services, together with 
                        services characterized by relationships 
                        between parents and professionals that 
                        are based on equality and respect, and 
                        designed to assist parents in acquiring 
                        parenting skills, learning about child 
                        development, and responding 
                        appropriately to the behavior of their 
                        children;
                          [(ii) services to facilitate the 
                        ability of parents to serve as 
                        resources to one another (such as 
                        through mutual support and parent self-
                        help groups);
                          [(iii) outreach services provided 
                        through voluntary home visits and other 
                        methods to assist parents in becoming 
                        aware of and able to participate in 
                        family resources and support program 
                        activities;
                          [(iv) community and social services 
                        to assist families in obtaining 
                        community resources; and
                          [(v) follow-up services;
                  [(B) providers, or arranges for the provision 
                of, other core services through contacts or 
                agreements with other local agencies, including 
                all forms of respite care services; and
                  [(C) provides access to optional services, 
                directly or by contract, purchase of service, 
                or interagency agreement, including--
                          [(i) child care, early childhood 
                        development and early intervention 
                        services;
                          [(ii) referral to self-sufficiency 
                        and life management skills training;
                          [(iii) referral to education 
                        services, such as scholastic tutoring, 
                        literacy training, and General 
                        Educational Degree services;
                          [(iv) referral to services providing 
                        job readiness skills;
                          [(v) child abuse and neglect 
                        prevention activities;
                          [(vi) referral to services that 
                        families with children with 
                        disabilities or special needs may 
                        require;
                          [(vii) community and social service 
                        referral, including early developmental 
                        screening of children;
                          [(viii) peer counseling;
                          [(ix) referral for substance abuse 
                        counseling and treatment; and
                          [(x) help line services.
          [(4) Outreach services.--The term ``outreach 
        services'' means services provided to assist consumers, 
        through voluntary home visits or other methods, in 
        accessing and participating in family resource and 
        support program activities.]
          (3) Community-based and prevention-focused programs 
        and activities to prevent child abuse and neglect.--The 
        term ``community-based and prevention-focused programs 
        and activities to prevent child abuse and neglect'' 
        includes organizations such as family resource 
        programs, family support programs, voluntary home 
        visiting programs, respite care programs, parenting 
        education, mutual support programs, and other community 
        programs that provide activities that are designed to 
        prevent or respond to child abuse and neglect.

[SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to carry out this 
title, $66,000,000 for fiscal year 1997 and such sums as may be 
necessary for each of the fiscal years 1998 through 2001.]

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    The authorized to be appropriated to carry out this title 
$80,000,000 for fiscal year 2003 and such sums as may be 
necessary for each of the fiscal years 2004 through 2007.

CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978

           *       *       *       *       *       *       *



                    TITLE II--ADOPTION OPPORTUNITIES

SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    (a) Findings.--Congress finds that
          [(1) the number of children in substitute care 
        increased by nearly 61 percent between 1986 and 1994, 
        as our Nation's foster care population included more 
        than 452,000 as of June 1994;
          [(2) increasingly children entering foster care have 
        complex problems which require intensive services;
          [(3) an increasingly number of infants are born to 
        mothers who did not receive prenatal care, are born 
        addicted to alcohol and other drugs, and exposed to 
        infection with etiologic agent for the human 
        immunodeficiency virus, are medically fragile, and 
        technology dependent;
          [(4) the welfare of thousands of children in 
        institutions and foster homes and disabled infants with 
        life-threatening conditions may be in serious jeopardy 
        and some such children are in need of placement in 
        permanent, adoptive homes;]
          (1) the number of children in substitute care has 
        increased by nearly 24 percent since 1994, as our 
        Nation's foster care population included more than 
        565,000 as of September of 2001;
          (2) children entering foster care have complex 
        problems that require intensive services, with many 
        such children having special needs because they are 
        born to mothers who did not receive prenatal care, are 
        born with life threatening conditions or disabilities, 
        are born addicted to alcohol or other drugs, or have 
        been exposed to infection with the etiologic agent for 
        the human immunodeficiency virus;
          (3) each year, thousands of children are in need of 
        placement in permanent, adoptive homes;
          [5] (4) many thousands of children remain in 
        institutions or foster homes solely because of legal 
        and other barriers to their placement in permanent, 
        adoptive homes;
          [(6) the majority of such children are of school age, 
        members of sibling groups or disabled;
          [(7)(A) currently, 40,000 children are free for 
        adoption and awaiting placement;]
          [7] (5)(A) currently, there are 131,000 children 
        waiting for adoption
          (B) such children are typically school aged, in 
        sibling groups, have experienced neglect or abuse, or 
        have a physical, mental, or emotional disability; and
          (C) while the children are of all races, children of 
        color and older children (over the age of 10) are over 
        represented in such group;
          [8] (6) adoption may be the best alternative for 
        assuring the healthy development of such children;
          [9] (7) there are qualified persons seeking to adopt 
        such children who are unable to do so because of 
        barriers to their placement; and
          [10] (8) in order both to enhance the stability and 
        love of the child's home environment and to avoid 
        wasteful expenditures of public funds, such children 
        should not have medically indicated treatment withheld 
        from them nor be maintained in foster care or 
        institutions when adoption is appropriate and families 
        can be found for such children.
    (b) Purpose.--It is the purpose of this title to facilitate 
the elimination of barriers, including geographic barriers, to 
adoption and to provide permanent and loving home environments 
for children who would benefit from adoption, particularly 
children with special needs, including disabled infants with 
life-threatening conditions, by providing a mechanism to--

           *       *       *       *       *       *       *

          (2) maintain [a national] an Internet-based national 
        adoption information exchange system to bring together 
        children who would benefit from adoption and qualified 
        prospective adoptive parents who are seeking such 
        children, and conduct national recruitment efforts in 
        order to reach prospective parents for children 
        awaiting adoption; and

           *       *       *       *       *       *       *


SEC. 203. INFORMATION AND SERVICES.

                       [INFORMATION AND SERVICES]

    [Sec. 203. (a) The Secretary]
    (a) In General.--The Secretary shall establish in the 
Department of Health and Human Services an appropriate 
administrative arrangement to provide a centralized focus for 
planning and coordinating of all departmental activities 
affecting adoption and foster care and for carrying out the 
provisions of this title. The Secretary shall make available 
such consultant services, on-site technical assistance and 
personnel, together with appropriate administrative expenses, 
including salaries and travel costs, as are necessary for 
carrying out such purposes, including services to facilitate 
the adoption of children with special needs and particularly of 
disabled infants with life-threatening conditions and services 
to couples considering adoption of children with special needs.
    (b) Required Activities._In connection with carrying out 
the provisions of this title, the Secretary shall--
          (1) conduct (directly or by grant to or contract with 
        public or private [nonprofit] agencies or 
        organizations) an education and training program on 
        adoption, and prepare, publish, and disseminate 
        (directly or by grant to or contract with public or 
        private [nonprofit] agencies and organizations) to all 
        interested parties, public and private agencies and 
        organizations (including, but not limited to, 
        hospitals, health care and family planning clinics, and 
        social services agencies), and governmental bodies, 
        information and education and training materials 
        regarding adoption and adoption assistance programs;
          (2) conduct, directly or by grant or contract with 
        public or private [nonprofit] organizations, ongoing, 
        extensive recruitment efforts on a national level, 
        develop national public awareness efforts to unite 
        children in need of adoption with appropriate adoptive 
        parents, and establish a coordinated referral system of 
        recruited families with appropriate State or regional 
        adoption resources to ensure that families are served 
        in a timely fashion;
          (3) notwithstanding any other provision of law, 
        provide (directly or by grant to or contract with 
        public or private [nonprofit] agencies or 
        organizations) for (A) the operation of a national 
        adoption information exchange system (including only 
        such information as is necessary to facilitate the 
        adoptive placement of children, utilizing computers and 
        data processing methods to assist in the location of 
        children who would benefit by adoption and in the 
        placement in adoptive homes of children awaiting 
        adoption); and (B) the coordination of such system with 
        similar State and regional systems;
          (4) provide (directly or by grant to or contract with 
        public or private [nonprofit] agencies or 
        organizations, including adoptive family groups and 
        minority groups) for the provision of technical 
        assistance in the planning, improving, developing, and 
        carrying out of programs and activities relating to 
        adoption, and to promote professional leadership 
        training of minorities in the adoption field;

           *       *       *       *       *       *       *

          (6) [study the nature, scope, and effects of] support 
        the placement of children in kinship care arrangements, 
        pre-adoptive, or adoptive homes;
          (7) study the efficacy of States contracting with 
        public or private [nonprofit] agencies (including 
        community-based and other organizations), or sectarian 
        institutions for the recruitment of potential adoptive 
        and foster families and to provide assistance in the 
        placement of children for adoption;

           *       *       *       *       *       *       *

          (9) maintain (directly or by grant to or contract 
        with public or private [nonprofit] agencies or 
        organizations) a National Resource Center for Special 
        Needs Adoption to--

           *       *       *       *       *       *       *

                  (C) facilitate the development of 
                interdisciplinary approaches to meet the needs 
                of children who are waiting for adoption and 
                the needs of adoptive families; [and]
          (10) provide (directly or by grant to or contract 
        with States, local government entities, public or 
        private [nonprofit] licensed child welfare or adoption 
        agencies or adoptive family groups and community-based 
        organizations with experience in working with minority 
        populations) for the provision of programs aimed at 
        increasing the number of minority children (who are in 
        foster care and have the goal of adoption) placed in 
        adoptive families, with a special emphasis on 
        recruitment of minority families--

           *       *       *       *       *       *       *

                  (B) shall be subject to the condition that 
                such grants or contracts may be renewed if 
                documentation is provided to the Secretary 
                demonstrating that appropriate and sufficient 
                placements of such children have occurred 
                during the previous funding period[.]; and
          (11) provide (directly or by grant to or contract 
        with States, local government entities, or public or 
        private licensed child welfare or adoption agencies) 
        for the implementation of programs that are intended to 
        increase the number of older children (who are in 
        foster care and with the goal of adoption) placed in 
        adoptive families, with a special emphasis on child-
        specific recruitment strategies, including--
                  (A) outreach, public education, or media 
                campaigns to inform the public of the needs and 
                numbers of older youth available for adoption;
                  (B) training of personnel in the special 
                needs of older youth and the successful 
                strategies of child-focused, child-specific 
                recruitment efforts; and
                  (C) recruitment of prospective families for 
                such children.
    (c) Services for Families Adopting Special Needs Children._
          (1) In General._The Secretary
    [(c)(1) The Secretary] shall provide (directly or by grant 
to or contract with States, local government entities, public 
or private [nonprofit] licensed child welfare or adoption 
agencies or adoptive family groups) for the post legal adoption 
services for families who have adopted special needs children.
          (2) Services._Services
          (2) Services provided under grants made under this 
        subsection shall supplement, not supplant, services 
        from any other funds available for the same general 
        purposes, including--
                  (A) individual counseling;
                  (B) group counseling;
                  (C) family management;
                  (D) case management;
                  (E) training public agency adoption 
                personnel, personnel of private, [nonprofit] 
                child welfare and adoption agencies licensed by 
                the State to provide adoption services, mental 
                health services professionals, and other 
                support personnel to provide services under 
                this subsection;
                  (F) assistance to adoptive parent 
                organizations; [and]
                  (G) assistance to support groups for adoptive 
                parents, adopted children, and siblings of 
                adopted children[.];
                  (H) day treatment and
                  (I) respite care.
    [(d)(1) The Secretary]
    (d) Improving Placement Rate of Children in Foster Care._
          (1) In general._The Secretary shall make grants for 
        improving State efforts to increase the placement of 
        foster care children legally free for adoption, 
        according to a pre-established plan and goals for 
        improvement. Grants funded by this section must include 
        a strong evaluation component which outlines the 
        innovations used to improve the placement of special 
        needs children who are legally free for adoption, and 
        the successes and failures of the initiative. The 
        evaluations will be submitted to the Secretary who will 
        compile the results of projects funded by this section 
        and submit a report to the appropriate committees of 
        Congress. The emphasis of this program must focus on 
        the improvement of the placement rate--not the 
        aggregate number of special needs children placed in 
        permanent homes. The Secretary, when reviewing grant 
        applications shall give priority to grantees who 
        propose improvements designed to continue in the 
        absence of Federal funds.
          [(2)(A) Each State]
        (2) Applications; technical and other assistance._
                  (A) Applications._Each State entering into an 
                agreement under this subsection shall submit an 
                application to the Secretary that describes the 
                manner in which the State will use funds using 
                the 3 fiscal years subsequent to the date of 
                the application to accomplish the purposes of 
                this section. Such application shall be in a 
                form and manner determined to be appropriate by 
                the Secretary. Each application shall include 
                verification of the placements described in 
                paragraph (1).
                  [(B) The Secretary] (B) Technical and other 
                assistance._The Secretary shall provide, 
                directly or by grant to or contract with public 
                or private [nonprofit] agencies or 
                organizations--
                          (i) technical assistance and resource 
                        and referral information to assist 
                        State or local governments with 
                        termination of parental rights issues, 
                        in recruiting and retaining adoptive 
                        families, in the successful placement 
                        of children with special needs, and in 
                        the provision of pre- and post-
                        placement services, including post-
                        legal adoption services; and
                          (ii) other assistance to help State 
                        and local governments replicate 
                        successful adoption-related projects 
                        from other areas in the United States.
          [(3)(A) Payments] (3) Payments._
                  (A) In general._Payments under this 
                subsection shall begin during fiscal year 1989. 
                Payments under this section during any fiscal 
                year shall not exceed $1,000,000. No payment 
                may be made under this subsection unless an 
                amount in excess of $5,000,000 is appropriated 
                for such fiscal year under section 205(a).
                  [(B) Any payment] (B) Reversion of unused 
                funds._Any payment made to a State under this 
                subsection which is not used by such State for 
                the purpose provided in paragraph (1) during 
                the fiscal year payment is made shall revert to 
                the Secretary on October 1st of the next fiscal 
                year and shall be used to carry out the 
                purposes of this Act.
    (e) Elimination of Barriers to Adoptions Across 
Jurisdictional Boundaries.--
          (1) In general.--The Secretary shall award grants to, 
        or enter into contracts with, States, local government 
        entities, public or private child welfare or adoption 
        agencies, adoption exchanges, or adoption family groups 
        to carry out initiatives to improve efforts to 
        eliminate barriers to placing children for adoption 
        across jurisdictional boundaries.
          (2) Services to supplement not supplant.--Services 
        provided under grants made under this subsection shall 
        supplement, not supplant, services provided using any 
        other funds made available for the same general 
        purposes including--
                  (A) developing a uniform homestudy standard 
                and protocol for acceptance of homestudies 
                between States and jurisdictions;
                  (B) developing models of financing cross-
                jurisdictional placements;
                  (C) expanding the capacity of all adoption 
                exchanges to serve increasing numbers of 
                children;
                  (D) developing training materials and 
                training social workers on preparing and moving 
                children across State lines; and
                  (E) developing and supporting initiative 
                models for networking among agencies, adoption 
                exchanges, and parent support groups across 
                jurisdictional boundaries.

                STUDY OF UNLICENSED ADOPTION PLACEMENTS

    Sec. 204. The Secretary shall provide for a study (the 
results of which shall be reported to the appropriate 
committees of the Congress not later than eighteen months after 
the date of enactment [of this Act] of the Keeping Children and 
Families Safe Act of 2002) designed [to determine the nature] 
to determine--
          (1) the nature, scope, and effects of the interstate 
        (and, to the extent feasible, intrastate) placement of 
        children in adoptive homes (not including the homes of 
        stepparents or relatives of the child in question) by 
        persons of agencies which are [not licensed by or 
        subject to regulation by any governmental entity.] for 
        profit;
          (2) how interstate placements are being financed 
        across State lines;
          (3) recommendations on best practice models for both 
        interstate and intrastate adoptions; and
          (4) how State policies in defining special needs 
        children differentiate or group similar categories of 
        children.

           *       *       *       *       *       *       *


                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 205. (a) [There are authorized to be appropriated, 
$20,000,000 for fiscal year 1997, and such sums as may be 
necessary for each of the fiscal years 1998 through 2001 to 
carry out programs and activities authorized.
    [(b) The Secretary shall ensure that funds appropriated 
pursuant to authorizations in this Act shall remain available 
until expended for the purposes for which they were 
appropriated.] There are authorized to the appropriated 
$40,000,000 for fiscal year 2003 and such sums as may be 
necessary for fiscal years 2004 through 2007 to carry out 
programs and activities authorized under this subtitle.

           *       *       *       *       *       *       *


FAMILY VIOLENCE PREVENTION AND SERVICES ACT

           *       *       *       *       *       *       *



                         DECLARATION OF PURPOSE

    Sec. 302. It is the purpose of this title to--
          (1) [demonstrate the effectiveness of assisting] 
        assist States in efforts to increase public awareness 
        about and prevent family violence and to provide 
        immediate shelter and related assistance for victims of 
        family violence and their dependents; and

           *       *       *       *       *       *       *


                 STATE DEMONSTRATION GRANTS AUTHORIZED

    Sec. 303. (a)(1) * * *

           *       *       *       *       *       *       *

          (A) * * *

           *       *       *       *       *       *       *

          (C) set forth procedures designed to involve [State 
        domestic violence coalitions knowledgeable individuals 
        and interested organizations] State domestic violence 
        coalitions, knowledgeable individuals, and interested 
        organizations and assure an equitable distribution of 
        grants and grant funds within the State and between 
        urban and rural areas within such State and a plan to 
        address the needs of [underserved populations, 
        including populations underserved because of ethnic, 
        racial, cultural, language diversity or geographic 
        isolation;] underserved populations, as defined in 
        section 2003 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2);

           *       *       *       *       *       *       *

          (F) provide documentation to the Secretary that the 
        State has a law or procedure that has been implemented 
        for the eviction of an abusing spouse from a share 
        household; and

           *       *       *       *       *       *       *

    (5) Upon completion of the activities funded by a grant 
under this title, the State grantee shall submit to the 
Secretary a report that contains a description of the 
activities carried out under paragraph (2)(B)(i).

                      SECRETARIAL RESPONSIBILITIES

    Sec. 305. (a) The Secretary shall appoint [an employee] 1 
or more employees of the Department of Health and Human 
Services to carry out the provisions [of this title] of this 
title, including carrying out evaluation and monitoring under 
this title. [The individual] Any individual appointed under 
this subsection shall, prior to such appointment, have had 
expertise in the field of family violence prevention and 
services.

           *       *       *       *       *       *       *

    (b) * * *
          (1) * * *
          (2)(A) [provide for research, and into] provide for 
        research into the most effective prevention, 
        identification, and treatment thereof (such as research 
        into (1) the effectiveness of reducing repeated 
        incidents of family violence through a variety of 
        sentencing alternatives, such as incarceration, fines, 
        and counseling programs, individually or in 
        combination, and through the use of civil protection 
        orders removing the abuser from the family household, 
        (ii) the necessity and impact of a mandatory reporting 
        requirement relating to incidents of family violence, 
        particularly abuse of elderly persons), (iii) the 
        effectiveness of providing safety and support to 
        maternal and child victims of family violence as a way 
        to eliminate the abuse experienced by children in such 
        situations, (iv) identification of intervention 
        approaches to child abuse prevention services which 
        appear to be successful in preventing child abuse where 
        both mother and child are abused, (v) effective and 
        appropriate treatment services for children where both 
        mother and child are abused, and (vi) the individual 
        and situational factors leading to the end of violent 
        and abusive behavior by persons who commit acts of 
        family violence, including such factors as history of 
        previous violence and the legal and service 
        interventions received, and (B) make a complete study 
        and investigation (in consultation with the National 
        Institute on Aging) of the national incidence of abuse, 
        neglect, and exploitation of elderly persons, including 
        a determination of the extent to which incidents of 
        such abuse, neglect, and exploitation are increasing in 
        number or severity; and

           *       *       *       *       *       *       *


                               EVALUATION

    Sec. 306 [Not later than two years after the date on which 
funds are obligated under section 303(a) for the first time 
after the date of the enactment of this title, and every two 
years thereafter,] Every 2 years the Secretary shall review, 
evaluate, and report to the appropriate Committees of the 
Congress, as to the effectiveness of the programs administered 
and operated pursuant to this title, particularly in relation 
to repeated incidents of family violence. Such report shall 
also include a summary of the documentation provided to the 
Secretary under section 303(a)(2)(B) through 303(a)(2)(F).

           *       *       *       *       *       *       *


SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

    (a) Purpose and Grants.--

           *       *       *       *       *       *       *

    [(g) Regulations.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after such date of enactment, the Secretary shall publish final 
regulations.]

           *       *       *       *       *       *       *


SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--There are authorized to be appropriated 
to carry out this title $175,000,000 for each of fiscal years 
2001 through 2005]
    (a) In General.--There is authorized to be appropriated to 
carry out this title $175,000,000 for each of fiscal years 2003 
through 2007.

           *       *       *       *       *       *       *


SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

    (a) In general.--* * *
          (2) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (K) the use of training and technical 
                assistance to law enforcement, judges, court 
                officers and [other criminal justice 
                professionals,;] other criminal justice 
                professionals;

           *       *       *       *       *       *       *

          (3) work with [family law judges,,] family law 
        judges, criminal court judges, Child Protective 
        Services agencies, and children's advocates to develop 
        appropriate responses to child custody and visitation 
        issues in domestic violence cases as well as cases 
        where domestic violence and child abuse are both 
        present, including--

           *       *       *       *       *       *       *

                  (A) * * *

           *       *       *       *       *       *       *

                  (D) the use of training and technical 
                assistance for family law judges, criminal 
                court judges, and court personnel;

           *       *       *       *       *       *       *

                  (H) the implementation of [supervised 
                visitations that do not endanger victims and 
                their children] supervised visitations or 
                denial of visitation to protect against danger 
                to victims or their children; and

           *       *       *       *       *       *       *

    [(g) Authorization of Appropriations.--There are authorized 
to be appropriated to be used to award grants under this 
section $8,000,000 for fiscal year 1992, and such sums as may 
be necessary for each of the fiscal years 1993 through 1995.
    [(h) Regulations.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after such date of enactment, the Secretary shall publish final 
regulations implementing this section.]
    (g) Funding.--Of the amount appropriated pursuant to the 
authorization of appropriations under section 310(a) for a 
fiscal year, not less than 10 percent of such amount shall be 
made available to award grants under this section.

               ADMINISTRATION AND STATUTORY CONSTRUCTION

    Sec. 312. (a) * * *

           *       *       *       *       *       *       *

    (c) Of the amount appropriated under section 310(a) for 
each fiscal year, not more than 2 percent shall be used by the 
Secretary for evaluation, monitoring, and other administrative 
costs under this title.
    [Section 313 of the Family Violence Prevention and Services 
Act is repealed.]

           *       *       *       *       *       *       *

    [Section 315 of the Family Violence Prevention and Services 
Act is repealed.]

SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a) In General.--* * *
    (b) Duration.--[A grant] (1) In general.--Except as 
provided in paragraph (2), a grant under this section may 
extend over a period of not more than 5 years.
    (2) Extension.--The Secretary may extend the duration of a 
grant under this section beyond the period described in 
paragraph (1) if, prior to such extension--
          (A) the entity prepares and submits to the Secretary 
        a report that evaluates the effectiveness of the use of 
        amounts received under the grant for the period 
        described in paragraph (1) and contains any other 
        information the Secretary may prescribe; and
          (B) the report and other appropriate criteria 
        indicate that the entity is successfully operating the 
        hotline in accordance with subsection (a).''.

           *       *       *       *       *       *       *

    (f) Authorization of Appropriations.--
          [(1) In general.--There are authorized to be 
        appropriated to carry out this section $2,000,000 for 
        each of fiscal years 2001 through 2005.]
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $5,000,000 for 
        each of fiscal years 2003 through 2007.

           *       *       *       *       *       *       *

    [Section 317 of the Family Violence Prevention and Services 
Act is repealed.]

SEC. 317. NATIONAL DOMESTIC VIOLENCE HOTLINE ENHANCEMENT.

    (a) Purposes.--The purposes of this section are as follows:
          (1)(A) To provide a grant to develop a fully secure, 
        continuously updated network of available domestic 
        violence shelters and services across the United 
        States.
          (B) To make the network available to entities 
        consisting of the entity providing the National 
        Domestic Violence Hotline, shelters nationwide, State 
        and local domestic violence agencies, and other 
        domestic violence organizations, to enable such 
        entities to connect a victim of domestic violence to 
        the most safe, appropriate, and convenient shelter, 
        while the victim remains on the telephone line, or in 
        the most efficient way possible.
          (2) to ensure that domestic violence victims get the 
        help the victims need in a single phone call.
    (b) Grants Authorized.--The Secretary shall award a grant 
to a nonprofit organization to establish and operate, after 
consultation and collaboration with appropriate officials of 
the Department of Health and Human Services, an Internet 
Website (referred to in this section as the Website) that 
shall--
          (1) link, to the greatest extent possible, entities 
        consisting of the entity providing the National 
        Domestic Violence Hotline, every domestic violence 
        shelter in the United States, State and local domestic 
        violence organizations so that such entities will be 
        able to connect a victim of domestic violence to the 
        most safe, appropriate, and convenient domestic 
        violence shelter, while the victim remains on the 
        telephone line, or in the most efficient way possible;
          (2) be highly secure; and
          (3) contain continuously updated information as to 
        available services and space in domestic violence 
        shelters across the United States, to the maximum 
        extent practicable.
    (c) Eligible Entities.--To be eligible to receive a grant 
under this section, a nonprofit organization shall submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require. The 
application shall--
          (1) demonstrate the experience of the applicant in 
        successfully developing and managing a technology-based 
        network of domestic violence shelters;
          (2) demonstrate a record of success of the applicant 
        in meeting the needs of domestic violence victims and 
        their families; and
          (3) include a certification that the applicant will--
                  (A) implement the highest level security 
                system to ensure the confidentiality of the 
                Website;
                  (B) establish, within 5 years, a Website that 
                links the entities described in subsection 
                (b)(1);
                  (C) consult with the entities described in 
                subsection (b)(1) in developing and 
                implementing the Website and providing Internet 
                connections; and
                  (D) otherwise comply with the requirements of 
                this section.
    (d) Use of Grant Award.--The recipient of a grant award 
under this section shall--
          (1) collaborate with officials at the Department of 
        Health and Human Services in a manner determined to be 
        appropriate by the Secretary;
          (2) collaborate with the entity providing the 
        National Domestic Violence Hotline in developing and 
        implementing the network;
          (3) ensure that the Website is continuously updated;
          (4) ensure that the Website provides information 
        describing the services of each domestic violence 
        shelter to which the Website is linked, including 
        information for individuals with limited English 
        proficiency and information concerning access to 
        medical care, social services, transportation, services 
        for children, and other relevant services;
          (5) ensure that the Website provides up-to-the-minute 
        information on available bed space in domestic violence 
        shelters across the United States, to the maximum 
        extent practicable;
          (6) provide training to the staff of the Hotline and 
        to staff of the entities described in subsection (b)(1) 
        regarding how to use the Website to best meet the needs 
        of callers;
          (7) provide Internet access to domestic violence 
        shelters in the United States that do not have the 
        appropriate technology for such access, to the maximum 
        extent practicable; and
          (8) to ensure that after the third year of the 
        Website project, the recipient will develop a plan to 
        expand the sources of funding for the Website to 
        include funding from public and private entities, 
        although nothing in this paragraph shall preclude a 
        grant recipient under this section from raising funds 
        from other sources at any time during the 5-year grant 
        period.
    (e) Rule of Construction.--Nothing in this Act shall be 
construed to require any shelter or service provider, whether 
public or private, to be linked to the website or to provide 
information to the entity receiving the grant or to the 
website.
    (f) Duration of Grant.--The term of a grant awarded under 
this section shall be 5 years.
    (g) Evaluation.--The Secretary shall annually--
          (1) conduct an evaluation of the grant program 
        carried out under this section in a manner that shall 
        be designed to derive information on--
                  (A) the confidentially of the Website;
                  (B) the progress of the grant recipient in 
                linking the entities described in subsection 
                (b)(1) to the network described in subsection 
                (c)(1):
                  (C) the number of individuals served by the 
                Website;
                  (D) any decrease in the number of phone calls 
                necessary to find shelter space for victims of 
                domestic violence; and
                  (E) other matters that the Secretary 
                determines to be appropriate to ensure that the 
                grant recipient is achieving the purposes of 
                this section; and
          (2) submit to Congress a report on the results of 
        that evaluation.
    (h) Oversight.--The Secretary shall have access to, 
monitor, and help ensure the security of the Website.
    (i) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section--
                  (A) $5,000,000 for fiscal year 2003; and
                  (B) such sums as may be necessary for each of 
                fiscal years 2004 through 2007.
          (2) Administrative costs.--Of the amount made 
        available to carry out this section for each fiscal 
        year the Secretary may use not more than 2 percent for 
        administrative costs associated with the grant program 
        carried out under this section, of which not more than 
        5 percent shall be used to assist the entity providing 
        the National Domestic Violence Hotline to participate 
        in the establishment of the Website.

SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

    (a) In General.--XXX

           *       *       *       *       *       *       *

    [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $6,000,000 for 
each of fiscal years 2001 through 2005.
    [(i) Regulations.--Not later than 60 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after the date of enactment, the Secretary shall publish final 
regulations implementing this section.]
    (h) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $6,000,000 for 
each of fiscal years 2003 through 2007.

SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

    (a) In General.--XXX

           *       *       *       *       *       *       *

    [(f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $25,000,000 for 
fiscal year 2001.]
    (f) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $25,000,000 for 
each of fiscal years 2003 through 2007.

SEC. 320. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.

    (a) Grants Authorized.--The Secretary may award grants on a 
competitive basis to eligible entities for the purposes and in 
the manner described in paragraphs (1), (2), and (3) of section 
(d) for the benefit of children exposed to domestic violence.
    (b) Eligibility.--To be eligible to receive a grant under 
this section, an entity shall, as part of the application of 
the entity submitted under paragraph (1), (2), or (3) of 
subsection (d), describe the policies and procedures that 
entity has or will adopt to--
          (1) enhance or ensure the safety and security of a 
        battered parent and, as a result, the child involved;
          (2) ensure that all services under this section are 
        provided in a developmentally, linguistically, and 
        culturally competent manner; and
          (3) ensure the confidentiality of child and adult 
        victims of domestic violence in a manner that is 
        consistent with applicable Federal and State law, 
        including exempting domestic violence victim service 
        providers from requirements to share confidential 
        information about families receiving services except as 
        required by law or with the informed, written consent 
        of the adult victim being served.
    (c) Grant Awards and Distribution.--
          (1) Grant Awards.--The Secretary shall award grants 
        under this section--
                  (A) for periods of not more than 3 fiscal 
                years; and
                  (B) in amounts that are less than $50,000 per 
                fiscal year and not more than $300,000 per 
                fiscal year.
          (2) Distribution.--In awarding grants under this 
        section, the Secretary shall--
                  (A) ensure a reasonable geographical 
                distribution among grantees in rural, urban, 
                and suburban areas throughout the United 
                States; and
                  (B) consider the needs of underserved 
                populations, as defined in section 2003 of the 
                Omnibus Crime Control and Safe Streets Act of 
                1968 (42 U.S.C. 3796gg-2).
    (d) Use of Funds.--
          (1) Direct services for children exposed to domestic 
        violence.--
                  (A) In general.--An entity shall use amounts 
                provided under a grant awarded for purposes of 
                this paragraph to design or replicate, and 
                implement, a program or provide services (in 
                accordance with subparagraph (B)) using 
                domestic violence intervention models to 
                respond to the needs of children who--
                          (i) are exposed to domestic violence; 
                        and
                          (ii) have a parent or caregiver who 
                        is a victim of domestic violence and 
                        who is receiving services from such 
                        entity.
                  (B) Program or services.--The program or 
                services described in subparagraph (A)--
                          (i) shall be a new program or new 
                        services, or a new component (that is 
                        not offered by the entity on the date 
                        on which the entity submitted an 
                        application for the grant) of an 
                        existing program or services;
                          (ii) shall provide direct counseling 
                        or appropriate services or advocacy for 
                        children who have been exposed to 
                        domestic violence;
                          (iii) may include early childhood and 
                        mental health services;
                          (iv) may provide services to assist 
                        in legal advocacy efforts on behalf of 
                        children with respect to issues related 
                        directly to services the children are 
                        receiving from the program or services 
                        described in subparagraph (A);
                          (v) may include respite care, 
                        supervised visitation, and specialized 
                        services for children; and
                          (vi) may provide additional services 
                        and resources for children including 
                        child care, transportation, educational 
                        support, respite care, supervised 
                        visitation, and access to specialized 
                        services for children, so long as the 
                        grantee does not use more than 25 
                        percent of the amounts made available 
                        through the grant to enter into a 
                        contract with another organization to 
                        provide such additional services and 
                        resources.
                  (C) Grantee requirements.--
                          (i) Application.--With respect to 
                        grants for the use of funds under this 
                        paragraph, an eligible entity (as 
                        described in clause (ii) and subsection 
                        (b)) shall prepare and submit to the 
                        Secretary an application at such time, 
                        in such manner, and containing such 
                        information as the Secretary may 
                        require, including a description of the 
                        intended uses of the grant funds 
                        consistent with subparagraphs (A) and 
                        (B).
                          (ii) Eligibility.--To be eligible to 
                        receive a grant for the use of funds 
                        under this paragraph, an entity shall 
                        meet the requirements of section 
                        303(a)(2)(A) or section 303(b)(1). 
                        Eligible entities may enter into 
                        partnerships with other agencies, 
                        organizations, or tribal entities to 
                        enhance the capacity of such entities 
                        to deliver effective services to 
                        children exposed to domestic violence.
          (2) Grants for training and collaboration among child 
        welfare agencies, domestic violence victim service 
        providers, courts, law enforcement, and other 
        entities.--
                  (A) In general.--An entity shall use amounts 
                provided under a grant awarded for purposes of 
                this paragraph to carry out a program or 
                provide services to develop collaborative 
                responses and provide cross-training to enhance 
                community responses to cases where child abuse 
                and neglect and domestic violence intersect.
                  (B) Program or services.--The program or 
                services described in subparagraph (A) shall--
                          (i) encourage cross training, 
                        education, and collaboration among 
                        child welfare agencies, domestic 
                        violence victim service providers, and 
                        (as applicable) courts (including 
                        family, criminal, juvenile courts, or 
                        tribal courts), law enforcement 
                        agencies, and other entities, to 
                        identify, assess, and respond 
                        appropriately to--
                                  (I) domestic violence in 
                                homes where children are 
                                present and may be exposed to 
                                the violence;
                                  (II) domestic violence in 
                                child protection cases; and
                                  (III) the needs of both child 
                                and adult victims of such 
                                violence;
                          (ii) establish and implement 
                        policies, procedures, programs, and 
                        practices for child welfare agencies, 
                        domestic violence victim service 
                        providers, and (as applicable) courts 
                        (including family, criminal, juvenile, 
                        or tribal courts), law enforcement 
                        agencies, and other entities, that are 
                        consistent with the principles of 
                        protecting and increasing the safety 
                        and well being of children by--
                                  (I) tending to their 
                                immediate and longer term needs 
                                for treatment and support;
                                  (II) increasing the safety, 
                                antonomy, capacity, and 
                                financial security of non-
                                abusing parents, including 
                                developing service plans that 
                                provide resources and support 
                                to non-abusing parents;
                                  (III) protecting the safety, 
                                security, and well-being of 
                                children by preventing their 
                                unnecessary removal from a non-
                                abusing parent, or, in cases 
                                where removal of the child is 
                                necessary to protect the 
                                child's safety, taking the 
                                necessary steps to provide 
                                appropriate services to the 
                                child and the non-abusing 
                                parent to promote the safe and 
                                appropriately prompt 
                                reunification of the child with 
                                the non-abusing parent;
                                  (IV) recognizing the 
                                relationship between child 
                                abuse or neglect (including 
                                child sexual abuse) and 
                                domestic violence in a family, 
                                as well as the impact of and 
                                danger posed by the 
                                perpetrators' behavior on both 
                                child and adult victims; and
                                  (V) holding adult 
                                perpetrators of domestic 
                                violence, not child and adult 
                                victims of abuse or neglect, 
                                accountable for stopping the 
                                perpetrators' abusive 
                                behaviors;
                          (iii) increase cooperation and 
                        enhance linkages between child welfare 
                        agencies, domestic violence victim 
                        service providers, and (as applicable) 
                        courts (including family, criminal, 
                        juvenile courts, or tribal courts), law 
                        enforcement agencies, and other 
                        entities to provide more comprehensive 
                        community-based services (including 
                        health, mental health, social service, 
                        housing, and neighborhood resources) to 
                        protect and to serve both child and 
                        adult victims;
                          (iv) identify, assess, and respond 
                        appropriately to domestic violence in 
                        child protection cases; and
                          (v) provide appropriate referrals to 
                        community-based programs and resources, 
                        such as health and mental health 
                        services, shelter and housing 
                        assistance for adult victims and their 
                        children, legal assistance and advocacy 
                        for adult victims, assistance for 
                        parents to help their children cope 
                        with the impact of exposure to domestic 
                        violence, appropriate intervention and 
                        treatment for adult perpetrators of 
                        domestic violence whose children are 
                        the subjects of child protection cases, 
                        and other necessary supportive 
                        services.
                  (C) Grantee requirements.--
                          (i) Application.--With respect to 
                        grants for the use of funds under this 
                        paragraph, an eligible entity (as 
                        described in clause (ii) and subsection 
                        (b)) shall prepare and submit to the 
                        Secretary an application at such time, 
                        in such manner, and containing such 
                        information as the Secretary may 
                        require, including--
                                  (I) a description of the 
                                intended uses of the grant 
                                funds consistent with 
                                subparagraphs (A) and (B);
                                  (II) an outline and 
                                description of how training and 
                                other activities will be 
                                undertaken through the grant to 
                                promote collaboration;
                                  (III) an identification of 
                                the members of the partnership 
                                that will be responsible for 
                                carrying out the initiatives 
                                for which the partnership seeks 
                                the grant (including a 
                                description of roles of 
                                subcontractors and 
                                documentation of appropriate 
                                compensation of all partners, 
                                where relevant);
                                  (IV) documentation of any 
                                history of collaboration 
                                between child welfare agencies, 
                                domestic violence victim 
                                service providers, and (as 
                                applicable) courts (including 
                                family, criminal, juvenile 
                                courts, or tribal courts), law 
                                enforcement agencies, and other 
                                entities that have been 
                                involved in the development of 
                                the application; and
                                  (V) assurances that training 
                                and other activities described 
                                in subparagraph (B) will be 
                                provided to all levels of 
                                staff, will address appropriate 
                                practices for investigation, 
                                follow-up, screening, intake, 
                                assessment, and will provide 
                                services addressing the safety 
                                needs of child and adult 
                                victims in cases where child 
                                abuse and neglect and domestic 
                                violence intersect.
                          (ii) Eligibility.--To be eligible to 
                        receive a grant for the use of funds 
                        under this paragraph, an entity shall 
                        be a partnership that--
                                  (I) shall include a State 
                                child welfare agency, a tribal 
                                organization that serves as a 
                                child welfare agency, or a 
                                local child welfare agency;
                                  (II) shall include a domestic 
                                violence victim service 
                                provider, such as a domestic 
                                violence victim service 
                                program, tribal domestic 
                                violence victim service 
                                program, or coalition or other 
                                private nonprofit organization 
                                carrying out a community-based 
                                domestic violence program that 
                                has a documented history of 
                                effective work concerning 
                                domestic violence and the 
                                impact that exposure to 
                                domestic violence has on 
                                children;
                                  (III) may include a State, 
                                tribal, or local court 
                                (including family, criminal, 
                                juvenile or tribal courts);
                                  (IV) may include a State or 
                                local law enforcement agency 
                                with responsibility for 
                                responding to reports of 
                                domestic violence and child 
                                abuse and neglect; and
                                  (V) may include any other 
                                such agencies or private 
                                nonprofit organizations with 
                                the capacity to provide 
                                effective help to the child and 
                                adult victims served by the 
                                partnership.
                  (D) Priority.--In awarding grants under this 
                paragraph, the Secretary shall give priority to 
                partnerships that include State or local courts 
                (including family, criminal, juvenile, or 
                tribal courts) and law enforcement agencies.
          (3) Multisystem interventions for children exposed to 
        domestic violence.--
                  (A) In general.--An entity shall use amounts 
                provided under a grant awarded for purposes of 
                this paragraph to carry out a program or 
                provide services to develop and implement 
                multisystem intervention models to respond to 
                the needs of children exposed to domestic 
                violence.
                  (B) Programs or services.--The programs or 
                services described in subparagraph (A) shall--
                          (i) design and implement protocols 
                        and systems to identify and 
                        appropriately respond to the needs of 
                        children exposed to domestic violence 
                        who are participating in programs 
                        administered by the grantee;
                          (ii) establish guidelines to evaluate 
                        the mental health needs of the children 
                        and make appropriate intervention 
                        recommendations;
                          (iii) include the development or 
                        replication of an effective mental 
                        health treatment model to meet the 
                        needs of children for whom such 
                        treatment has been identified as 
                        appropriate;
                          (iv) establish institutionalized 
                        procedures to enhance or ensure the 
                        safety and security of adult victims of 
                        domestic violence and, as a result, 
                        their children;
                          (v) provide direct counseling or 
                        appropriate services or advocacy for 
                        adult victims of domestic violence and 
                        their children who have been exposed to 
                        domestic violence
                          (vi) establish or implement policies 
                        and protocols for maintaining the 
                        safety confidentiality of the adult 
                        victims and their children;
                          (vii) provide community outreach and 
                        training to enhance the capacity of 
                        professionals who work with children to 
                        appropriately identify and respond to 
                        the mental health needs of children who 
                        have been exposed to domestic violence;
                          (viii) establish procedures for 
                        documenting interventions used for each 
                        child and family;
                          (ix) establish plans to perform a 
                        systematic outcome evaluation to 
                        evaluate the effectiveness of the 
                        interventions;
                          (x) ensure that all services are 
                        provided in a culturally competent 
                        manner; and
                          (xi) provide appropriate remuneration 
                        to entities described in paragraph 
                        (2)(A) who participate in the 
                        partnership.
                  (C) Grantee requirements.--
                                  (i) Application.--With 
                                respect to grants for the use 
                                of funds under this paragraph, 
                                an eligible entity (as 
                                described in clause (ii) and 
                                subsection (b)) shall prepare 
                                and submit to the Secretary an 
                                application at such time, in 
                                such manner, and containing 
                                such information as the 
                                Secretary may require, 
                                including--
                                  (I) a description of the 
                                intended uses of the grant 
                                funds consistent with 
                                subparagraphs (A) and (B);
                                  (II) an outline of how multi-
                                system interventions will be 
                                designed and implemented by the 
                                applicant, including submitting 
                                signed memoranda of 
                                understanding executed by the 
                                any partners of the applicant, 
                                describing the roles of each 
                                participating entity and the 
                                amount of remuneration each 
                                participating entity will 
                                receive;
                                  (III) a demonstration, to 
                                ensure that children of all 
                                ages utilizing services 
                                provided under the grant will 
                                have access to appropriate 
                                mental health services, of--
                                          (aa) the applicant's 
                                        recognized history of 
                                        providing advocacy, 
                                        health care, chile 
                                        mental health, or 
                                        crisis services for 
                                        children in domestic 
                                        violence cases; or;
                                          (bb) the applicant's 
                                        partnerships with 
                                        providers having 
                                        expertise in child 
                                        mental health services; 
                                        and
                                  (IV) a memorandum of 
                                understanding with the 
                                appropriate State or tribal 
                                coalition against domestic 
                                violence, to ensure 
                                coordination of and 
                                dissemination of information 
                                about activities to be carried 
                                out under the grant.
                          (ii) Eligibility.--To be eligible to 
                        receive a grant for the use of funds 
                        under this paragraph, an entity shall 
                        be a collaborative partnership that 
                        includes--
                                  (I) a local private nonprofit 
                                organization that--
                                          (aa) carry out a 
                                        domestic violence 
                                        victim service program 
                                        that provides shelter 
                                        or related assistance; 
                                        or
                                          (bb) has expertise in 
                                        the field of providing 
                                        services to victims of 
                                        domestic violence and 
                                        an understanding of the 
                                        effects of exposure to 
                                        domestic violence on 
                                        children; and
                          (II) other partners, such as courts 
                        (including family, criminal, juvenile, 
                        or tribal courts), schools, social 
                        service providers, health care 
                        providers, law enforcement, early 
                        childhood agencies, entities carrying 
                        out Head Start programs under the Head 
                        Start Act (42 U.S.C. 9831 et seq.), or 
                        entities carrying out child protection, 
                        financial assistance, job training, 
                        housing, or children's mental health 
                        programs.
    (e) Annual Reports.--An entity receiving a grant under this 
section shall report to the Secretary annually, at a minimum--
         (1) what services and, where appropriate, what 
        collaborative efforts were provided with funds under 
        this section;
          (2) the extent to which underserved populations were 
        served with funds received under this section; and
          (3) how children exposed to domestic violence and, 
        where appropriate, adult victims of domestic violence 
        benefited from such the activities conducted under the 
        grant.
    (f) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section, $20,000,000 for 
        each of fiscal years 2003 through 2007. Amounts 
        appropriated under this subsection shall remain 
        available until expended.
          (2) Allocation of amounts.--Of the amount 
        appropriated to carry out this section for each fiscal 
        year, the Secretary shall--
                  (A) make available not less than 33 percent 
                of such amount for each of the programs 
                described in subsection (d)(1);
                  (B) make available not more than 3 percent of 
                such amount for evaluation, monitoring, and 
                other administrative costs associated with 
                conducting activities under this section; and
                  (C) make available not less than 10 percent 
                of such amount for Indian tribes.

           *       *       *       *       *       *       *


ABANDONED INFANTS ASSISTANCE ACT

           *       *       *       *       *       *       *



SEC. 2. FINDINGS.

    The Congress finds that--
          [(1) throughout the Nation, the number of infants and 
        young children who have been exposed to drugs taken by 
        their mothers during pregnancy has increased 
        dramatically;]
          [(2)] (1) studies indicate that a number of factors 
        contribute to the inability of some parents [who abuse 
        drugs] to provide adequate [care for such infants] care 
        for their infants and young children and a lack of 
        suitable shelter homes for such infants and young 
        children have led to the abandonment of such infants 
        and young children in hospitals for extended periods;
          [(3)](2) an unacceptable number of these infants and 
        young children will be medically cleared for discharge, 
        yet remain in hospitals as boarder babies;
          [(4)] (3) hospital-based child care for these infants 
        and young children is extremely costly and deprives 
        them of an adequate nurturing environment;
          [(5) training is inadequate for foster care personnel 
        working with medically fragile infants and young 
        children and infants and young children exposed to 
        drugs;]
          (4) appropriate training is needed for personnel 
        working with infants and young children with life-
        threatening conditions and other special needs, 
        including those who are infected with the human 
        immunodeficiency virus (commonly known as ``HIV''), 
        those who have acquired immune deficiency syndrome 
        (commonly know as ``AIDS''), and those who have been 
        exposed to dangerous drugs;
          [(6) a particularly devastating development is the 
        increase in the number of infants and young children 
        who are infected with the human immunodeficiency virus 
        (which is believed to cause acquired immune deficiency 
        syndrome and which is commonly known as HIV) or who 
        have been perinatally exposed to the virus or to a 
        dangerous drug;
          [(7) many such infants and young children have at 
        least one parent who is an intravenous drug abuser.]
          [(8)] (5) such infants and young children are 
        particularly difficult to place in foster homes, and 
        are being abandoned in hospitals in increasing numbers 
        by mothers dying of acquired immune [deficiency 
        syndrome,] by parents abusing drugs, or by parents 
        incapable of providing adequate care;
          [(9)] (6) there is a need for [comprehensive services 
        for such infants and young children, including foster 
        family care services, case management services, family 
        support services, respite and crisis intervention 
        services, counseling services, and group residential 
        home services;] comprehensive support services for such 
        infants and young children and their families and 
        services to prevent the abandonment of such infants and 
        young children, including foster care services, case 
        management services, family support services, respite 
        and crisis intervention services, counseling services, 
        and group residential home services; and
          [(10)] (7) there is a need to support the families of 
        such infants and young children through the provision 
        of services that will prevent the abandonment of the 
        infants and children; and
          [(11)] (8) there is a need for the development of 
        funding strategies that coordinate and make the optimal 
        use of all private resources, and Federal, State, and 
        local resources, to establish and maintain such 
        services.
          (9) Private, Federal, State, and local resources 
        should be coordinated to establish and maintain such 
        services and to ensure the optimal use of all such 
        resources.

[(B) SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.]

SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.

    (a) * * *
    [(b) Case Plan With Respect to Foster Care.--The Secretary 
may not make a grant under subsection (a) unless that applicant 
for the grant agrees that, if the applicant expends the grant 
to carry out any program of providing care to infants and young 
children in foster homes or in other nonmedical residential 
settings away from their parents, the applicant will ensure 
that--
          [(1) a case plan of the type described in paragraph 
        (1) of section 475 of the Social Security Act [section 
        675(1) of this title] is developed for each such infant 
        and young child (to the extent that such infant and 
        young child is not otherwise covered by such a plan); 
        and
          [(2) the program includes a case review system of the 
        type described in paragraph (5) of such section 
        (covering each such infant and young child who is not 
        otherwise subject to such a system).]
    (b) Priority in Provision of Services.--The Secretary may 
not make a grant under subsection (a) unless the applicant for 
the grant agrees to give priority to abandoned infants and 
young children who--
          (1) are infected with, or have been perinatally 
        exposed to, the human immunodeficiency virus, or have a 
        life-threatening illness or other special medical need; 
        or
          (2) have been perinatally exposed to a dangerous 
        drug.

SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.

    [(a) Evaluations of Demonstration Projects.--The Secretary 
shall, directly or through contracts with public and nonprofit 
private entities, provide for evaluations of projects carried 
out under section 101 and for the dissemination of information 
developed as result of such projects.
    [(b) Study and Report on Number of Abandoned Infants and 
Young Children.--
          [(1) The Secretary shall conduct a study for the 
        purpose of determining--
                  [(A) an estimate of the number of infants and 
                young children abandoned in hospitals in the 
                United States and the number of such infants 
                who have acquired immune deficiency syndrome; 
                and
                  [(B) an estimate of the annual costs incurred 
                by the Federal Government and by State and 
                local governments in providing housing and care 
                for such infants and young children.
          [(2) The Secretary shall, not later than 12 months 
        after the date of the enactment of this Act [October 
        18, 1988], complete the study required in paragraph (1) 
        and submit to the Congress a report describing the 
        findings made as a result of the study.
    [(c) Study and Report on Effective Care Methods.--
          [(1) The Secretary shall conduct a study for the 
        purpose of determining the most effective methods for 
        responding to the needs of abandoned infants and young 
        children.
          [(2) The Secretary shall, not later than April 1, 
        1991, complete the study required in paragraph (1) and 
        submit to the Congress a report describing the findings 
        made as a result of the study.]

SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

    (a) Evaluations of Local Programs.--The Secretary shall, 
directly or through contracts with public and nonprofit private 
entities, provide for evaluations of projects carried out under 
section 101 and for the dissemination of information developed 
as a result of such projects.
    (b) Study and Report on Number of Abandoned Infants and 
Young Children.--
          (1) In general.--The Secretary shall conduct a study 
        for the purpose of determining--
                  (A) an estimate of the annual number of 
                infants and young children relinquished, 
                abandoned, or found deceased in the United 
                States and the number of such infants and young 
                children who are infants and young children 
                described in section 233(b);
                  (B) an estimate of the annual number of 
                infants and young children who are victims of 
                homicide;
                  (C) characteristics and demographics of 
                parents who have abandoned an infant within 1 
                year of the infant's birth; and
                  (D) an estimate of the annual costs incurred 
                by the Federal Government and by State and 
                local governments in providing housing and care 
                for abandoned infants and young children.
          (2) Deadline.--Not later than 36 months after the 
        date of the enactment of the Keeping Children and 
        Families Safe Act of 2002, the Secretary shall complete 
        the study required under paragraph (1) and submit to 
        the Congress a report describing the findings made as a 
        result of the study.
    (c) Evaluation.--The Secretary shall evaluate and report on 
effective methods of intervening before the abandoned of an 
infant or young child so as to prevent such abandonments, and 
effective methods for responding to the needs of abandoned 
infants and young children.

[SEC. 103. DEFINITIONS.

    [For purposes of this title:
          [(1) The terms ``abandoned'' and ``abandonment,'' 
        with respect to infants and young children, mean that 
        the infants and young children are medically cleared 
        for discharge from acute-care hospital settings, but 
        remain hospitalized because of a lack of appropriate 
        out-of-hospital placement alternatives.
          [(2) The term ``dangerous drugs'' means a controlled 
        substance, as defined in section 102 of the Controlled 
        Substances Act [21 U.S.C.A. Sec. 802].
          [(3) The term ``natural family'' shall be broadly 
        interpreted to include natural parents, grandparents, 
        family members, guardians, children residing in the 
        household, and individuals residing in the household on 
        a continuing basis who are in a care-giving situation 
        with respect to infants and young children covered 
        under this Act.]

SEC. 103. DEFINITIONS.

    For purposes of this Act:
          (1) The terms ``abandoned'' and ``abandonment'', with 
        respect to infants and young children, mean that the 
        infants and young children are medically cleared for 
        discharge from acute-care hospital settings, but remain 
        hospitalized because of a lack of appropriate out-of-
        hospital placement alternatives.
          (2) The term ``acquired immune deficiency syndrome'' 
        includes infection with the etiologic agent for such 
        syndrome, any condition indicating that an individual 
        is infected with such etiologic agent, and any 
        condition arising from such etiologic agent.
          (3) The term ``dangerous drugs'' means a controlled 
        substance, as defined in section 102 of the Controlled 
        Substances Act.
          (4) The term ``natural family'' shall be broadly 
        interpreted to include natural parents, grandparents, 
        family members, guardians, children residing in the 
        household, and individuals residing in the household on 
        a continuing basis who are in a care-giving situation 
        with respect to infants and young children covered 
        under this subtitle.
          (5) The term ``Secretary'' means the Secretary of 
        Health and Human Services.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--
          [(1) For the purpose of carrying out this title 
        (other than section 102(b)), there are authorized to be 
        appropriated $35,000,000 for fiscal year 1997 and such 
        sums as may be necessary for each of the fiscal years 
        1998 through 2001.
          [(2)(A) Of the amounts appropriated under paragraph 
        (1) for any fiscal year in excess of the amount 
        appropriated under this subsection for fiscal year 
        1991, as adjusted in accordance with subparagraph (B), 
        the Secretary shall make available not less than 50 
        percent for grants under section 101(a) to carry out 
        projects described in paragraph (8) of such section.
          [(B) For purposes of subparagraph (A), the amount 
        relating to fiscal year 1991 shall be adjusted for a 
        fiscal year to a greater amount to the extent necessary 
        to reflect the percentage increase in the consumer 
        price index for all urban consumers (U.S. city average) 
        for the 12-month period ending with March of the 
        preceding fiscal year.
          [(3) Not more than 5 percent of the amounts 
        appropriate under paragraph (1) for any fiscal year may 
        be obligated for carrying out section 102(a).]
    (a) In General.--
          (1) Authorization.--For the purpose of carrying out 
        this Act, there are authorized to be appropriated 
        $45,000,000 for fiscal year 2003 and such sums as may 
        be necessary for fiscal years 2004 through 2007.
          (2) Limitation.--Not more than 5 percent of the 
        amounts appropriated under paragraph (1) for any fiscal 
        year may be obligated for carrying out section 224(a).
    [(b) Dissemination of Information for Individuals With 
Special Needs.--For the purpose of carrying out section 102(b), 
there is authorized to be appropriated $5,000,000 for each of 
the fiscal years 1992 through 1995.]
    [(c)] (b) Administrative Expenses.--
          (1) Authorization.--For the purpose of the 
        administration of this title by the Secretary, there is 
        authorized to be appropriated for each fiscal year 
        specified in subsection (a)(1) an amount equal to 5 
        percent of the amount authorized in such subsection to 
        be appropriated for the fiscal year. With respect to 
        the amounts appropriated under such subsection, the 
        preceding sentence may not be construed to prohibit the 
        expenditure of the amounts for the purpose described in 
        such sentence.
          (2) Limitation.--The Secretary may not obligate any 
        of the amounts appropriated under paragraph (1) for a 
        fiscal year unless, from the amounts appropriated under 
        subsection (a)(1) for the fiscal year, the Secretary 
        has obligated for the purpose described in such 
        paragraph an amount equal to the amounts obligated by 
        the Secretary for such purpose in [fiscal year 1991.] 
        fiscal year 2002.
    [(d)] (c) Availability of Funds.--Amounts appropriated 
under this section shall remain available until expended.

           *       *       *       *       *       *       *


                                
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