[Senate Report 108-12]
[From the U.S. Government Publishing Office]
Calendar No. 24
108th Congress Report
SENATE
1st Session 108-12
======================================================================
KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003
_______
March 4, 2003.--Ordered to be printed
_______
Mr. Gregg, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 342]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 342) to amend the Child Abuse
Prevention and Treatment Act to make improvements to and
reauthorize programs under that Act, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary of the Bill..................................1
II. Background and Need for Legislation..............................2
III. Legislative History and Committee Action.........................5
IV. Explanation of Legislation and Committee Views..................12
V. Cost Estimate...................................................19
VI. Regulatory Impact Statement.....................................24
VII. Application of Law to the Legislative Branch....................25
VIII.Section-by-Section Analysis.....................................25
IX. Changes in Existing Law.........................................35
I. Purpose and Summary of the Bill
The Child Abuse Prevention and Treatment Act Amendments of
1995 (CAPTA) reauthorize and amend the Child Abuse Prevention
and Treatment Act, the Family Resource and Support Programs,
the Adoption Opportunities Act, the Family Violence Prevention
and Services programs, the Abandoned Infants Assistance Act,
the Missing Children's Assistance Act, and the Children's
Justice Act.
On February 10, 2003, a bill to reauthorize the Child Abuse
Prevention and Treatment Act, the Adoption Opportunities Act,
the Family Violence Prevention and Services Act and the
Abandoned Infants Assistance Act was introduced by Senators
Gregg, Kennedy, Dodd, and Alexander. The bill, S. 342, was
referred to the Committee on Health, Education, Labor and
Pensions.
II. Background and Need for 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 Adoption Opportunities Act,
the Abandoned Infants Assistance Act, and the Family Violence
Prevention and Services 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.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
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.
Each year an estimated 1 million children fall victim to
substantiated cases of child abuse or neglect. In its Child
Maltreatment 2000 report on child abuse and neglect, the U.S.
Department of Health and Human Services reported that, each
year, 141,700 children are seriously injured as a result of
abuse and neglect, 18,000 are severely disabled, and 1,200
children die as a result of abuse or neglect. Children younger
than 6 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.
Many more reports of alleged child abuse and neglect are
filed each year than are substantiated, overwhelming an already
overburdened child protective system. 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. Of this amount, approximately 879,000 were found
to be victims of child maltreatment with 63 percent suffering
from neglect; 19 percent from physical abuse; 10 percent from
sexual abuse; and 8 percent some form of emotional
maltreatment.
A certain proportion of unsubstantiated reports is an
inherent and legitimate aspect of reporting suspected child
maltreatment and may be necessary to ensure adequate child
protection. However unsubstantiation rates of the current
magnitude may go beyond anything reasonably needed. Worse,
apparent overreporting may endanger children who are truly
being abused.
Forced to allocate a substantial portion of their limited
resources to investigating reports which turn out to be
unsubstantiated, child protective agencies are less able to
respond promptly and effectively when children are in serious
danger. Some reports are left uninvestigated for weeks at a
time. In other cases, investigators miss key facts as they rush
to clear cases. Dangerous home situations receive inadequate
supervision as workers ignore pending cases to investigate new
reports that arrive daily on their desks.
Reports of suspected child abuse have so overwhelmed the
system that surveys of State administrators indicate that the
child protective system (CPS) is routinely placing children in
jeopardy. Approximately one-third of State CPS agencies were
unable to investigate reports within 24 or 48 hours, as
required by law. In New York City, for example, in 11 percent
of cases, no home visit had occurred within 40 days after
reports were filed. In the same period of time, children had
not been examined in 22 percent of the cases. Alleged
perpetrators had not been interviewed in 17 percent of the
cases. The potential compromise in the safety of children is
obvious. Over half of the children who die from abuse and
neglect come from families previously investigated by Child
Protective Service.
The large number of unsubstantiated reports may be due in
part to the breadth of child abuse reporting laws. For 30
years, program administrators and politicians have joined cause
to encourage even more reports of suspected child abuse and
neglect.
Under threat of civil and criminal penalties, mandated
reporter laws require most professionals who have contact with
children to report suspected child abuse and neglect. About 20
States require all citizens to report, and in every State, any
citizen is permitted to report.
These reporting laws, associated with public awareness
campaigns and professional education programs, have been
strikingly successful. In 1993, there were approximately 3
million reports of children suspected of being abused or
neglected. This is a twentyfold increase from 1963, when about
150,000 children were reported to the authorities.
Many ask whether this vast increase in reporting signals a
rise in the incidence of child maltreatment or whether the
maltreatment existed before and was not identified.
Unfortunately, so many cases of maltreatment previously went
unreported that earlier reporting statistics do not provide a
reliable baseline against which to make comparisons.
As a result of these laws, many thousands of children have
been saved from serious injury and even death. The best
estimate is that over the past 20 years, child abuse and
neglect deaths have fallen from over 3,000 a year to about
1,200 a year.
But further improvement of the system requires reducing the
number of unfounded and false reports. The problems of non
reporting and inappropriate reporting are linked and must be
addressed together before further progress can be made in
combating child abuse and neglect.
Along with the increase in reports of child abuse and
neglect, there has been a dramatic increase in the number of
children removed from their homes and placed in foster care. At
the end of 1993, an estimated 443,796 children were in foster
care; by March 2000, an estimated 588,000 children were in
foster care. This represents an increase of 25 percent.
While child maltreatment occurs in all socioeconomic and
cultural groups, poverty makes child maltreatment much more
likely to be reported. This is also reflected in the high rates
of poverty among ethnic minorities. Minority children enter the
child protection system in disproportionately large numbers and
are far more likely to remain in substitute care for longer
periods of time.
The system is seeing a large increase in the number of
children entering it in addition to an increasing complexity in
the problems that these children bring. The population in
foster care is even more disturbed, with significant numbers
being drug exposed.
All of these factors have caused a crisis in the child
protection system. In its 1990 report entitled ``Critical First
Steps in Response to a National Emergency'', the United States
Advisory Board on Child Abuse and Neglect found the Child
Protective System to be failing. According to the report, ``It
is not a question of acute failure of a single element of the
system; there is chronic and critical multiple organ failure.
In such a context, the safety of children cannot be ensured.
Indeed, the system itself can at times be abusive to
children.''
Five years later, the same Board found little had changed:
``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.''
Unfortunately, the foster care system has been unable to
respond adequately to the demands generated by the large
numbers of children being placed in care. In many States, no
one even knows exactly how many children are in care or how
much it costs. In some States, children do not know the name of
their CPS caseworker, whom they rarely often see. Moreover,
most maltreated children, even after they have been identified
as such by public authorities and placed in foster care, do not
receive treatment.
Too often, children are abused in foster homes. According
to Professor Richard Wexler, in his book Wounded Innocents,
``Foster care is not a haven. Often it is not even safe. Most
people assume that removing children from their parents means
removing them from danger and placing them in safety. Often, it
is the other way around.''
And, in joint testimony, the National Center for Youth Law
and the Youth Law Center told a congressional committee panel,
``our offices have become painfully aware of many situations
where children's health and lives are in greater jeopardy in
foster homes than they were while they were living with their
families.''
Foster care is far from the only difficulty in the child
protection system. The Advisory Board's report also states:
``No matter which element of the system that it [the Advisory
Board] examined--prevention, investigation, treatment,
training, or research--it found a system in disarray, a
societal response ill-suited in form or scope to respond to the
profound problems facing it. It was forced to conclude that the
child protection system is so inadequate and so poorly planned
that the safety of the Nation's children cannot be assured.''
Child welfare policy must continue to place a high emphasis
on safety and to differentiate between those children who are
in danger of serious injury and those who are not. Ensuring the
safety of children placed in its care must be the primary goal
of child protective services systems. Where a child can safely
remain at home, he should be allowed to. No longer can we
assume that a child will automatically be better off placed
outside the home. Safety, even in foster care, must be
considered a first priority.
III. Legislative History and Committee Action
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 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 relating 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 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 under amendments to 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 amendments also
authorized a new State demonstration program in the area of
family violence prevention and services.
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 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 Child Abuse Prevention Challenge Grants Reauthorization
Act of 1989 (Public Law 101-126) reauthorized the Challenge
Grant program through fiscal year 1991 and transferred it to
the Child Abuse Prevention and Treatment Act as title II. The
program is administered by NCCAN under the Department of Health
and Human Services (HHS). HHS announces the availability of
Federal funds and determines State eligibility for Federal
challenge grants. Subject to appropriations, States are awarded
the lesser of (1) 25 percent of State funds made available for
prevention in the previous year or (2) 50 cents for every child
living in the State.
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 efforts.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
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 nonprofit 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 nonprofit 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).
TITLE II--ADOPTION OPPORTUNITIES ACT
The Adoption Opportunities Act was originally enacted in
fiscal year 1978. 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.
TITLE III--ABANDONED INFANTS ASSISTANCE ACT
The Abandoned Infants Assistance Act was enacted in fiscal
year 1988 (P.L. 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 relating 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, there is
widespread consensus among experts in the field that crack
cocaine is the driving force behind the increasing numbers 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 Act, 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
(P.L. 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 alongside 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.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
The Family Violence program provides grants to States to
assist in supporting programs and projects to prevent incidents
of family violence and provide immediate shelter and related
assistance for victims of family violence and their dependents.
According to the U.S. Department of Justice, between 1 and
4 million women experience serious assault by an intimate
partner each year. 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 and $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 reestablish 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).
The Family Violence Prevention and Services Act (P.L. 98-
457) was enacted in fiscal year 1984 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 relating to
family violence programs. The programs under the act are
administered by the Administration for Children, Youth, and
Families of the Department of Health and Human Services. 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 Act also authorizes a national
information and research clearinghouse on the prevention of
family violence (including the abuse of elderly persons) and a
family member abuse information and documentation project to
provide for objective documentation of data on the victims of
family violence.
Domestic violence programs had, in fact, preceded Federal
legislation. Shelters for abused women were first established
in 1975. The number of shelters in the United States has
subsequently increased from just 4 to over 1,200. Between 60
percent and 70 percent of women who utilize shelters do not
return to their abusive partners after their stay (Strube,
1988). The availability of shelters has also been associated
with a decline in the rate of female-perpetrated homicide
against a partner (Browne & Williams, 1989).
Nonetheless, three out of four women who seek the safety of
a family violence shelter are denied access due to insufficient
space. Women continue to face the dilemma of living amidst
violence or fleeing. Forty percent of the homeless women in New
York are thought to be victims of family violence. Research has
shown that lack of economic support and ``having no place to
go'' are predictive of return to an abusive spouse after a stay
at a shelter.
Victims of family violence need several sources of support
to reestablish safe lives. Financial assistance is usually
critical. Many victims, however, are intimidated by the process
of obtaining assistance or are uncertain about how to obtain
such services. Shelters play a crucial role in linking victims
to the appropriate services for transportation and technical
assistance, which help to ease the transition between shelter
residence and permanent housing and employment.
Current committee action
S. 342, the Keeping Children and families Safe Act was
introduced on February 10, 2003 by Senators Gregg, Kennedy,
Dodd and Alexander and was referred to the Committee on Health,
Education, Labor and Pensions. The committee met in Executive
Session on February 12, 2003 to consider S. 342. No amendments
were offered. The bill was adopted unanimously by roll call
vote and reported favorably to the full Senate.
IV. Explanation of Legislation and Committee Views
General goals
The committee has three general goals for this legislation:
(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.
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 who have been referred
to the child welfare system on suspicion of abuse or neglect
may be at greater risk for health problems. Collaborative
approaches, linkages and effective interagency cooperation may
help ensure that children receive the help that they need.
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.
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:
Promotion of Safe, Family-Friendly Physical
Environments for Visitation and Exchange;
Education Identification, Prevention, and Treatment
for projects that provide educational identification,
prevention, and treatment services in cooperation with
preschool and elementary and secondary schools;
Risk and Safety Assessment Tools for projects that
provide for the development of risk and safety
assessment tools relating to child abuse and neglect;
Training for projects that involve innovative
training for mandated child abuse and neglect
reporters; and
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 fiscal year 2000, 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.
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 (CASA's) 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.
Service collaboration
Throughout several sections of the bill, the committee has
sought to encourage States to create or improve links between
child protection services and education, health, mental health,
and the judicial system. These linkages are vital to ensuring
that children who are abused or neglected are properly
identified and receive referrals to appropriate services where
necessary and are able to move between these various systems
smoothly and effectively. 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. 342 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. 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.
Protecting infants prenatally exposed to drugs
S. 342 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 who
are 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 syndrome.
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.
Community-Based Family Resource Support Grants
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 the word
``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 the words ``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.
TITLE II--ADOPTION OPPORTUNITIES ACT
The Adoption Opportunities Act seeks to find permanent
families for children, who are free for adoption, especially
children with special needs.
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. 342 gives the Secretary of Health and Human Services the
authority to make grants to: (1) develop a uniform home study
and protocol for acceptance of home studies between States and
jurisdictions; (2) develop models of financing cross-
jurisdictional placements; (3) expand the capacity of all
adoption exchanges to serve increasing numbers of children; (4)
develop training materials and training social workers on
preparing and moving across State lines; and (5) develop and
supporting initiatives for networking among agencies, adoption
exchanges, and parent support groups across jurisdictional
boundaries.
Additionally, the committee is requiring 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 III--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.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
The Family Violence program provides grants to assist in
supporting programs and projects to prevent incidents of family
violence and to provide immediate shelter and assistance to
victims of family violence and their children.
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. While the committee has authorized $5
million in fiscal year 2003 and such sums for fiscal years 2004
through 2007 it has also provided that funds for the network
enhancement will not be made available by the Secretary until
total appropriated funds reach an annual level of $3 million.
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 website 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 follow-up 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
This committee bill authorizes the Secretary to make grants
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.
V. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 24, 2003.
Hon. Judd Gregg,
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. 342, the Keeping
Children and Families Safe Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 342--Keeping Children and Families Safe Act of 2003
Summary: Programs under the Child Abuse Prevention and
Treatment Act, the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978, and the Abandoned Infants
Assistance Act of 1988 were authorized through 2001. These
programs were continued in 2002 by the 2002 Department of
Health and Human Services Appropriations Act and in 2003 by the
Consolidated Appropriations Resolution, 2003 (Public Law 108-
10). S. 342 would reauthorize these programs through 2008. It
also would extend authorizations through 2008 for some programs
authorized under the Family Violence Prevention and Services
Act. Most programs under that act are currently authorized
through 2005.
The bill would authorize appropriations of $315 million in
2004. CBO estimates that authorizations under S. 342 would
total about $2.2 billion over the 2004-2008 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 2004-2008 period.) CBO estimates
that appropriations of the authorized levels would result in
additional outlays of $1.4 billion over the 2004-2008 period,
if inflation adjustments are included. Enacting S. 342 would
not affect direct spending or receipts.
S. 342 contains no intergovernmental or private-sector
mandates as defined in UMRA. A significant portion of the funds
authorized by S. 342 would be available for grants to state,
local, and tribal governments. Any costs those governments
incur to fulfill requirements of the grants would be conditions
of assistance and thus voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 342 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. 342, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments for Inflation
Spending under current law:
Budget authority/authorization level \1\........ 263 183 183 0 0 0
Estimated outlays............................... 241 241 198 164 55 17
Proposed changes:
Estimated authorization level................... 0 315 321 510 516 523
Estimated outlays............................... 0 36 168 275 445 497
Spending under S. 342:
Estimated Authorization level................... 263 498 504 510 516 523
Estimated outlays............................... 241 276 365 439 501 514
Without Adjustments for Inflation
Spending under current law:
Budget authority/authorization level \1\........ 263 183 183 0 0 0
Estimated outlays............................... 241 241 198 164 55 17
Proposed changes:
Estimated authorization level................... 0 315 315 498 498 498
Estimated outlays............................... 0 36 167 272 438 483
Spending under S. 342:
Estimated authorization level................... 263 498 498 498 498 498
Estimated outlays............................... 241 276 365 436 493 501
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 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 2004 and 2005 are current authorization levels for certain programs under the Family Violence
Prevention and Services Act.
Notes.--Components may not sum to totals because of rounding.
Basis of estimate
S. 342 would authorize funding through 2008 for various
programs created under the Child Abuse Prevention and Treatment
Act, the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978, the Abandoned Infants Assistance Act of
1988, and the Family Violence Prevention Services Act. Programs
authorized under the first three acts would be reauthorized at
specific levels for 2004 and for such sums as may be necessary
for 2005 through 2008. Programs authorized by the Family
Violence Prevention and Services Act, most of which are already
authorized through 2005, would be extended at current levels
through 2008.
S. 342 would authorize the appropriation of $315 million in
2004. CBO estimates that this bill would authorize total
funding of $2.2 billion over the 2004-2008 period assuming that
``such sums'' amounts provided after 2004 are adjusted for
inflation. If the authorized amounts are appropriated, outlays
would increase by $36 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. 342. The
estimated outlays reflect historical rates of spending for the
affected programs.
Title I--Child Abuse Prevention and Treatment Act
Title I of S. 342 would reauthorize and revise programs
currently authorized under the Child Abuse Prevention and
Treatment Act. S. 342 would authorize a total of $200 million
for 2004 for programs under title I. CBO estimates the total
funding for title I for the 2004-2008 period would be about $1
billion, assuming adjustments for inflation, with resulting
outlays of $619 million over those five years.
Child Abuse Prevention Programs. S. 342 would authorize
$120 million in 2004 for both the Child Abuse and Neglect State
Grant program and the Child Abuse Discretionary Activities
program and such sums as may be necessary in 2005 through 2008.
The state grant program provides formula grants to states to
improve child protection services. The discretionary activities
program awards funds to agencies for innovative programs and
projects. The two programs are funded at $56 million in 2003.
TABLE 2.--DETAILED EFFECTS OF S. 342, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003, WITH ADJUSTMENTS FOR
INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority/authorization level \1\.............. 263 183 183 0 0 0
Estimated outlays..................................... 241 241 198 164 55 17
Proposed changes:
Title I--Child Abuse Prevention and Treatment
Child Abuse Prevention State Grants and Discretionary
Activities:
Estimated authorization level..................... 0 120 122 125 128 130
Estimated outlays................................. 0 6 59 97 114 121
Community-Based Grants:
Estimated authorization level..................... 0 80 82 83 85 87
Estimated outlays................................. 0 6 19 44 73 81
Subtotal, Title I:
Estimated authorization level..................... 0 200 204 208 213 217
Estimated outlays................................. 0 12 77 142 186 202
Title II--Adoption Opportunities
Adoption opportunities:
Estimated authorization level..................... 0 40 41 42 43 43
Estimated outlays................................. 0 2 28 37 39 41
Title III--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 III:
Estimated authorization level..................... 0 47 48 49 50 51
Estimated outlays................................. 0 4 36 46 48 50
Title IV--Family Violence Prevention and Services
Family Violence Prevention and Services/Battered
Women's Shelter: \2\
Estimated authorization level..................... 0 0 0 175 175 175
Estimated outlays................................. 0 0 0 21 138 168
Domestic Violence Hotline/National Domestic Violence
Shelter Network:
Estimated authorization level..................... 0 3 3 5 5 5
Estimated outlays................................. 0 3 3 5 5 5
Demonstration Grants for Community Initiatives: \2\
Estimated authorization level..................... 0 0 0 6 6 6
Estimated outlays................................. 0 0 0 1 4 5
Transitional Housing Assistance:
Estimated authorization level..................... 0 25 25 25 25 25
Estimated outlays................................. 0 15 24 24 25 25
Subtotal, Title IV:
Estimated authorization level..................... 0 28 28 211 211 211
Estimated outlays................................. 0 18 27 51 172 203
Total proposed changes:
Estimated authorization level......................... 0 315 321 510 516 523
Estimated outlays..................................... 0 36 168 275 445 497
Total spending under S. 342:
Estimated authorization level......................... 263 498 504 510 516 523
Estimated outlays..................................... 241 276 365 439 501 514
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 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 2004 and
2005 amounts are current authorization levels for certain programs under the Family Violence Prevention and
Services Act.
\2\ The Family Violence Prevention and Services, 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.
Community Based Grants. S. 342 also would authorize $80
million in 2004 and such sums as may be necessary over the
2005-2008 period for community-based efforts to develop, and
operate initiatives aimed at the prevention of child abuse and
neglect. The program is funded at $33 million in 2003.
Title II--Adoption Opportunities
Title II would reauthorize the Adoption Opportunities
program, currently authorized under the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978.
The bill would authorize $40 million in 2004 and such sums
as may be necessary over the 2005-2008 period for the program.
The Adoption Opportunities program provides funds to
organizations for programs that eliminate barriers to adoption
and help provide permanent homes for children, particularly
children with special needs. These activities are funded at $27
million in 2003.
Title III--Abandoned Infants Assistance
Title III would reauthorize the Abandoned Infants
Assistance program, currently authorized under the Abandoned
Infants Assistance Act of 1988.
The bill would authorize $45 million in 2004 and such sums
as may be necessary for the next four fiscal years for the
program. The Abandoned Infants Assistance program provides
funds to 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 2003.
Title IV--Family Violence Prevention and Services Act
Title IV would authorize $28 million in 2004 and $689
million over the 2004-2008 period for four family violence
prevention programs that are currently authorized under the
Family Violence Prevention and Services Act. The Family
Violence Prevention and Services Act already authorizes most of
these appropriations through 2005, and this bill would extend
the authorizations through 2008.
Family Violence Prevention and Services. The bill would
extend the authorization of the Family Violence Prevention and
Services/Battered Women's Shelter program from 2005 through
2008. The program provides grants to states to provide shelter
and assistance for victims, preventive services for
perpetrators of domestic violence, and programs to address the
needs of children who witness domestic violence. The current
authorization is $175 million annually through 2005. The
program is funded at $126 million in 2003.
National Domestic Violence Hotline and National Domestic
Violence Shelter Network. The bill would create a new grant to
a non-profit organization to establish and operate a secure
Internet website linking the National Domestic Violence Hotline
and other participating local domestic violence shelters and
agencies. The bill would authorize $5 million in 2004 and such
sums as may be necessary for each of the years 2005 through
2008 for both the new grant and the existing Domestic Violence
Hotline. The bill specifies that the National Domestic Violence
Shelter Network would only receive funds if the appropriation
exceeds $3 million. The hotline was funded at $2.6 million in
2003.
Demonstration Grants for Community Initiatives. The bill
would extend the authorization for grants for community
initiatives through 2008. The program awards grants to
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 2003.
Transitional Housing Assistance. S. 342 would authorize $25
million in each of the fiscal years 2004 through 2008 for
housing assistance for victims of domestic violence. The
program was authorized at $25 million for 2001, but the program
has never been funded.
Intergovernmental and private-sector impact: S. 342
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize the appropriation of
$315 million in grants in 2004 ($2.2 billion over the 2004-2008
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 conditions of assistance and thus voluntary.
Previous CBO estimate: On February 24, 2003, CBO
transmitted a cost estimate for H.R. 14, the Keeping Children
and Families Safe Act of 2003, as ordered reported by the House
Committee on Education and the Workforce on February 13, 2003.
The two bills would authorize similar amounts of funding.
Estimate prepared by: Federal costs: Donna Wong; Impact on
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.
VI. Regulatory Impact Statement
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.
VII. Legislative Impact
The committee has determined that there is no legislative
impact.
VIII. Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Keeping Children and
Families Safe Act of 2003''.
Section 2. Table of contents
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Section 101. Findings
Section 2 updates the findings under the act with the most
recent data available.
Subtitle A--General Program
Section 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.
Section 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 (including the
living arrangement of resident parent and family size), family
structure, school enrollment and educational attainment,
disability, grandparents as care givers, 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 provide an
opportunity for public comment concerning research priorities
every 2 years. This Section also 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.
Section 104(b) is amended 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:
(8) 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;
(9) Education Identification, Prevention, and
Treatment for projects that provide educational
identification, prevention, and treatment services in
cooperation with preschool and elementary and secondary
schools;
(10) Risk and Safety Assessment Tools for projects
that provide for the development of risk and safety
assessment tools relating to child abuse and neglect;
(11) Training for projects that involve innovative
training for mandated child abuse and neglect
reporters; and
(12) 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.
Section 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. Other suggested projects include
developing programs designed to improve services to disabled
infants.
Additionally, 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. In addition, it promotes partnerships between public
agencies and community-based organizations to provide child
abuse and neglect prevention and treatment programs.
Section 105(b) is amended to include programs based within
children's hospitals or other pediatric care facilities that
provide model approaches for improving medical diagnosis of
child abuse and neglect and for medical diagnosis of children
for whom a report of maltreatment has been substantiated to the
list of discretionary grant options of the Secretary.
Section 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; This section 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. This section also promotes improving the
CPS workforce, including improvements in the recruitment and
retention of caseworkers and promotes developing, implementing,
or operating programs to assist in obtaining or coordinating
necessary services for families of disabled infants with life-
threatening conditions, including existing social and health
services; financial assistance; and services necessary to
facilitate adoptive placement of any such infants who have been
relinquished for adoption. This Section also promotes the
development for training protocols for mandated reporters and
the improvement of public education relating to the role and
responsibilities of child protective services and the nature
and basis for reporting child abuse and neglect. Finally, this
Section encourages personal safety training for CPS workers, as
well as training regarding their legal duties.
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 within two years
of the enactment of this reauthorization.
This Section modifies Section 106(c) to require 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 Citizen Review Panel, 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.
This Section also requires States to collect and report
summary data of Citizen Review Panel activity, as well as the
number of children transferred from the child protective
systems into the juvenile justice systems as part of their
Annual State Data Reports.
Section 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.
Section 116. Authorization of appropriations
This Section amends Section 112(a)(1) to authorize
$120,000,000 for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005 through 2008.
Section 117. Reports
This Section amends 106(f) by requiring the Secretary to
conduct a study by random sample of the effectiveness of the
citizen review panels established under section 106(c). Within
3 years the Secretary shall 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 study
conducted under paragraph (1).
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Section 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.
Section 122. Eligibility
This Section amends Section 202 to conform to community-
based and prevention-focused programs and activities designed
to strengthen and support families to prevent child abuse and
neglect (through networks where appropriate).
Section 123.
Section 203 is amended to make technical corrections.
Section 124. Existing grants
Section 204 is repealed.
Section 125. Application
Section 205 conforms the definition to community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and
neglect (through networks where appropriate) and requires a
description of the inventory of current unmet needs and current
family resource services operating in the State.
Section 126. Local program requirements
Section 126 amends Section 206(a) to include ``voluntary
home visiting'' among other core services which must be
provided or arranged for through contracts or agreements with
other local agencies.
Section 127. Performance measures
Section 207 is amended to make technical and conforming
changes and to require the State to demonstrate that they will
have addressed unmet needs identified by the inventory and
description of current services required under section 205(3).
Section 128. National Network for Community-Based Family Resource
Programs
Section 208(3) is amended to make conforming changes.
Section 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) or
``infant or toddler with a disability'' in section
632(5);''
(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 designed to strengthen and support
families 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 or
networks of such programs that provide activities that
are designed to prevent or respond to child abuse and
neglect.
Section 130. Authorization of appropriations
Section 210 is amended to authorize $80,000,000 for fiscal
year 2004 and such sums as may be necessary for fiscal years
2005 to 2008.
TITLE II--ADOPTION OPPORTUNITIES ACT
Section 201. 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.
Section 202. 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 home study standard and
protocol for acceptance of home studies 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.
Section 203. 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.
Section 204 is also amended to require research (directly
or by grant to, or contract with, public or private nonprofit
research agencies or organizations) about adoption outcomes and
the factors affecting those outcomes. The Secretary is required
to submit a report containing the results of such research to
the appropriate committees of the Congress within 3 years.
Section 204. Studies on successful adoptions
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:
(13) 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.
Section 205. Authorization of appropriations
Section 205(a) is amended to authorize $40,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008.
TITLE III--ABANDONED INFANTS ASSISTANCE ACT
Section 301. 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.''
Section 302. Establishment of local projects
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, have a life-threatening illness or
other special medical need, or have been perinatally exposed to
a dangerous drug.
Section 303. 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
abandonment, and effective methods for responding to the needs
of abandoned infants and young children.
Section 304. Authorization of appropriations
Section 104 authorizes $45,000,000 for fiscal year 2004 and
such sums as may be necessary for fiscal years 2005 through
2008. Not more than 5 percent of these amounts for any fiscal
year may be obligated for carrying out the evaluation of local
programs.
Section 305. 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.
TITLE IV--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Subtitle A--Reauthorization of Grant Programs
Section 401. State demonstration grants
This Section amends Section 303(a)(2)(C) to reference the
definition of ``under served populations'' and requires State
grantees to submit a report to the Secretary that contains a
description of activities carried out.
This Section requires the Secretary to 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 witness domestic violence;
to provide 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; and finally, to provide funds
to nonprofit agencies to bring various service providers
together to design and implement multi-system intervention
programs for children exposed to domestic violence.
Section 402. Secretarial responsibilities
The amendment of Section 305(a) will enable more than one
employee to carry out the required functions of the Act.
Section 403. 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.
Section 404. Information and technical assistance centers
Section 308 is amended by removing the publication within
90 days requirement.
Section 405. General authorization of appropriations
The Section extends the authorization of $175,000,000
through 2008.
This Section also requires that for a fiscal year in which
the total amounts appropriated for the Family Violence
Prevention Act exceed $150,000,000, the Secretary shall reserve
and make available 50 percent of the excess to carry out
projects to address the needs of Children Who Witness Domestic
Violence.
Section 406. Grants for state domestic violence coalitions
Section 311 is amended by repeal subsection (h),
establishing time frames for regulations.
Section 407. Evaluation and monitoring
Section 312 is amended to require the Secretary to use not
more than 2.5 percent of the amount appropriated under Section
310(a) for each fiscal year for evaluation, monitoring, and
other administrative costs under this title.
Section 408. Family Member Abuse Information and Documentation Project
This Section repeals Section 313.
Section 409. Model State Leadership Grants
This Section repeals Section 315.
Section 410. 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.
Section 411. Youth education and domestic violence
Section 317 is repealed.
Section 412. National Domestic Violence Shelter Network
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.
This Section authorizes $5,000,000 to carry out this
Section and Section 316 for fiscal year 2004 and such sums as
may be necessary for each of fiscal years 2005 through 2008.
Section 413. Demonstration grants for community initiatives
Section 318(h) is amended to authorize $6,000,000 for each
of fiscal years 2004 to 2008.
Section 318(I) is repealed.
Section 414. Transitional housing reauthorization
Section 319(f) is amended to authorize $25,000,000 for each
of fiscal years 2004 to 2008.
Section 415. Technical and conforming amendments
This Section makes general punctuation and minor language
changes.
IX. 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 in printed in italic, existing law
in which no change is proposed is shown in roman):
CHILD ABUSE PREVENTION AND TREATMENT ACT
* * * * * * *
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
TITLE I--GENERAL PROGRAM
Sec. 101. Office on Child Abuse and Neglect.
Sec. 102. Advisory Board on Child Abuse and Neglect.
Sec. 103. National clearinghouse for information relating to child
abuse.
Sec. 104. Research and assistance activities.
[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.
* * * * * * *
[TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS]
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
Sec. 201. Purpose and authority.
Sec. 202. Eligibility.
Sec. 203. Amount of grant.
[Sec. 204. Existng grants.]
* * * * * * *
HISTORICAL AND STATUTORY NOTES
Congressional Findings.--
(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 abuse fatalities and 85 percent of
child abuse 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;
* * * * * * *
``(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--
* * * * * * *
TITLE I--GENERAL PROGRAM
SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.
* * * * * * *
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Establishment.--* * *
(b) * * *
(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) main 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) collect 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.-- * * *
(A) * * *
(E) compile, analyze, and publish a summary
of the research conducted under section
[105(a); and] 104(a);
(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 focus on--
* * * * * * *
(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
decisionmaking 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) * * *
* * * * * * *
(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, family structure,
household relationship (including the
living arrangement of the resident
parent and family size), 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 2003, 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) Not later than 2 years after the date of
enactment of the Keeping Children and Families Safe Act
of 2003, and every 2 years thereafter, the Secretary
shall provide an opportunity for public comment
concerning the priorities proposed under subparagraph
(A) and maintain an official record of such public
comment.
(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 including replicating
successful program models, 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.
* * * * * * *
(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 nonenstodial parents
in cases of domestics 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 effective
and research-based 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
effective and research-based 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
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.
[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 his 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 attend 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 innovative 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 the 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
the legal duties of such personnel and 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 effective and research-based
methods for 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, law enforcement
agencies, developmental disability agencies, substance
abuse treatment entities, health care entities,
domestic violence prevention entities, mental health
service entities, 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 determine 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)] organizations 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) 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)] (4) Kinship care.--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.]
(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, in accordance with all applicable Federal and
State privacy laws.
(b) Discretionary Grants.--In addition to grants or
contracts made under [subsection (b)] subparagraph (a) 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 mal-
treatment has been substantiated.
(4)(A) * * *
* * * * * * *
(D) For purposes of this paragraph, a
qualified grantee is a [nonprofit] acute care
hospital that--
* * * * * * *
(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.--* * *
* * * * * * *
(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--
(A) training regarding effective and
research-based practices to promote
collaboration with the families;
(B) training regarding the legal duties of
such individuals; and
(C) personal safety training for case
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
provision 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) programs 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 effective and
research-based 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 system 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.-- * * *
(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 may affect
the eligibility of the State under this
section[.]; and
(ii) of 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) * * *
(A) * * *
(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 as being affected by illegal
substance abuse or withdrawal symptoms
resulting from prenatal drug exposure;
(iii) the development of a plan of
safe care for the infant born and
identified as being affected by illegal
substance abuse or withdrawal symptoms;
[(ii)] (iv) procedures for the
immediate screening, risk and safety
assessment, and prompt investigation of
such reports;
(v) triage procedures for the
appropriate referral of a child not at
risk of imminent harm to a community
organization or voluntary preventive
service;
[(iii)] (vi) 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)] (vii) 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)] (viii) 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 requirements 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 (ix);
* * * * * * *
(ix) provisions to require a State to
disclose 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)] (x) 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)] (xi) 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)] (xii) 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 checks
in cases determined to be
unsubstantiated or false, except that
nothing in this section shall prevent
State child protective services
agencies from keeping information on
unsubstantiated reports in their
casework files to assist in future risk
and safety assessment;
[(ix)] (xiii) 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--
[(x)] (xiv) the establishment of
citizen review panels in accordance
with subsection (c);
[(xi)] (xv) provisions, procedures,
and mechanisms [to be effective not
later than 2 years after the date of
the enactment of this section]--
* * * * * * *
[(xii)] (xvi) 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--
* * * * * * *
(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)] (xvii) an assurance that,
upon the implementation by the State of
the provisions, procedures, and
mechanisms under [clause (xii)] clause
(xvi), conviction of any one of the
felonies listed in [clause (xii)]
clause (xvi), 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);
(xviii) 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;
(xix) provisions addressing the
training of representatives of the
child protective services system
regarding the legal duties of the
representatives, which may consist of
various methods of informing such
representatives of such duties, in
order to protect the legal rights and
safety of children and families from
the initial time of contact during
investigation through treatment;
(xx) provisions and procedures for
improving the training, retention, and
supervision of caseworkers; and
(xxi) not later than 2 years after
the date of enactment of the Keeping
Children and Families Safe Act of 2003,
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;
* * * * * * *
(D) * * * 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) Citizen 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) 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 the title IV of the Social
Security Act; and
(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).
* * * * * * *
(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
citizen review panel 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) * * *
(1) * * *
* * * * * * *
(13) The annual report containing the summary of the
activities of the citizen review panels of the State
required by subsection (c)(6).
(14) The number of children under the care of the
State child protection system who are transferred into
the custody of the State juvenile justice sysatem.
* * * * * * *
SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
(a) Construction of facilities.--
* * * * * * *
(d) GAO Study.--Not later than February 1, 2004, 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 case-loads,
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. 110. REPORTS.
(a) Coordination Efforts.--* * *
* * * * * * *
(c) Study and Report Relating to Citizen Review Panels.--
(1) Study.--The Secretary shall conduct a study by
random sample of the effectiveness of the citizen
review panels established under section 106(c).
(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act
of 2003, the Secretary shall 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 study conducted under
paragraph (1).
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.]
(1) General authorization.--There are authorized to
be appropriated to carry out this title $120,000,000
for fiscal year 2004 and such sums as may be necessary
for each of the fiscal years 2005 through 2008.
(2) Discretionary activities.--
(A) * * *
(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.
* * * * * * *
[TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS]
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
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 within 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
* * * * * * *
(b) * * *
(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 strengthen and support families
to prevent child abuse and neglect (through networks
where appropriate) that are accessible, effective,
culturally appropriate, and build upon existing
strengths that--
(A) * * *
* * * * * * *
(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 under-
served 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-focused]
community-based and prevention-focused, [family
resource and support program]; and programs and
activities designed to strengthen and support families
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], community-based
and prevention-focused [family resource and support
programs, child abuse and neglect prevention activities
and access to respite care services integrated with the
Statewide network;] programs and activities designed to
strengthen and support families 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) the chief executive officer of the State provides
assurances that the lead entity will provide or will be
responsible for providing--
(A) [a network of community-based family
resource support programs] community-based and
prevention-focused programs and activities
designed to strengthen and support families 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 with
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 parents
with disabilities; 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) the chief executive officer of the State provides
assurances that the lead entity--
(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
designed to strengthen and support families to
prevent child abuse and neglect (through
networks 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 designed to
strengthen and support families 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
designed to strengthen and support families 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) Remaining Amounts.--
(1) In general.--* * *
(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] State lead entity 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 entity of such States in the
preceding fiscal year.
(2) Additional requirement.--The Secretary shall
provide allotments under paragraph (1) to the State
lead entity.
(c) Allocation.--Funds allotted to a State under this
section--
(1) shall be for a 3-year period; and
(2) shall be provided by the Secretary to the State
on an annual basis, as described in [subsection (a)]
subsection (b)
* * * * * * *
[SEC. 204. EXISTING GRANTS.
[(a) In General.--Notwithstanding the enactment of the
Child Abuse Prevention and Treatment Act Amendments of 1996, a
State or entity that has a grant, contract, or cooperative
agreement in effect, on the date of the enactment of such Act
under any program described in subsection (b), shall continue
to receive funds under such program, subject to the original
terms under which such funds were provided under the grant,
through the end of the applicable grant cycle.
[(b) Programs, Described.--The programs described in this
subsection are the following:
[(1) The Community-Based Family Resource programs
under section 201 of this Act, as such section was in
effect on the day before the date of the enactment of
the child Abuse Prevention and Treatment Act Amendments
of 1996.
[(2) The Family Support Center programs under
subtitle F of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11481 et seq.), as
such title was in effect on the day before the date of
the enactment of the Child Abuse Prevention and
Treatment Act Amendments of 1996.
[(3) The Emergency Child Abuse Prevention Services
grant program under section 107A of this Act, as such
section was in effect on the day before the date of the
enactment of the Human Services Amendments of 1994.
[(4) Programs under the Temporary Child Care for
Children With Disabilities and Crisis Nurseries Act of
1986.]
* * * * * * *
SEC. 205. APPLICATION.
A grant may not be made to a State under this title unless
an application therefor is submitted by the State to the
Secretary and such application contains the types of
information specified by the Secretary as essential to carrying
out the provisions of section 202, including--
(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 network of community-based,
prevention-focused, family resource and support
programs] community-based and prevention-focused
programs and activities designed to strengthen and
support families 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 designed to strengthen and
support families 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 strengthen and
support families to prevent child abuse and neglect
that verifies that the State will expend in non-Federal
funds in 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 start up, maintenance, expansion,
and redesign of community-based and prevention-focused
programs and activities designed to strengthen and
support families 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 strengthen
and support families to prevent child abuse and neglect
as part of 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 strengthen and support families 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 strengthen and
support families 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
strengthen and support families to prevent child abuse
and neglect services to children and families; and
[(13)] (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 strengthen and support families to prevent child
abuse and neglect that--
(1) * * *
(2) * * *
(3) provide--
(A) core family resource and support services
such as--
(i) parent education, mutual support
and self help, and leadership services;
(ii) outreach services;
(iii) community and social service
referrals; and
(iv) follow-up services;
(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 designed to strengthen and support families
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 designed to strengthen
and support families to prevent child abuse and neglect
that meets the requirements of this title;
(2) shall supply an inventory and description of the
services provided to families by local programs that
meet identified community needs, including core and
optional services as described in section 202;
[(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 of
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 network funded under this title] evaluation
of community-based and prevention-focused programs and
activities designed to strengthen and support families
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 strengthen and support
families 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 strengthen and support families
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 strengthen
and support families to prevent child abuse and
neglect.
* * * * * * *
SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
The Secretary may allocate such sums as may be necessary
from the amount provided under the State allotment to support
the activities of the lead entity in the State--
(1) to create, operate and maintain a peer review
process;
(2) to create, operate and maintain an information
clearinghouse;
(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 stengthen and support families
to prevent child abuse and neglect;
(4) to create, operate and maintain a computerized
communication system between lead entities; and
(5) to fund State-to-State technical assistance
through bi-annual conferences.
* * * * * * *
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) or ``infant or toddler
with a disability'' in section 632(5) 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 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) provides, or arranges for the provision
of, other core services through contracts 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 designed to strengthen and support
families 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 or
networks of such 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.
There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the fiscal years 2005 through 2008.
* * * * * * *
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 children as of June 1994;]
[(2) increasingly children entering foster care have
complex problems which require intensive services;
[(3) an increasing 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 the 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;
* * * * * * *
[(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--
(1) * * *
(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
(3) demonstrate expeditious ways to free children for
adoption for whom it has been determined that adoption
is the appropriate plan. an Internet-based national
* * * * * * *
[INFORMATION AND SERVICES]
SEC. 203. 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;
(5) encourage involvement of corporations and small
businesses in supporting adoption as a positive family-
strengthening option, including the establishment of
adoption benefit programs for employees who adopt
children;
(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;
(8) consult with other appropriate Federal
departments and agencies in order to promote maximum
coordination of the services and benefits provided
under programs carried out by such departments and
agencies with those carried out by the Secretary, and
provide for the coordination of such aspects of all
programs within the Department of Health and Human
Services relating to 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--
(A) promote professional leadership
development of minorities in the adoption
field;
(B) provide training and technical assistance
to service providers and State agencies to
improve professional competency in the field of
adoption and the adoption of children with
special needs; and
(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--
(A) which may include such activities as--
(i) * * *
* * * * * * *
(vi) * * *
(I) * * *
(II) private [nonprofit]
child welfare and adoption
agencies that are licensed by
the State; and
* * * * * * *
(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)(1) The Secretary] (c) Services for Families Adopting
Special Needs Children.--
(1) In general.--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 provision of post legal adoption
services for families who have adopted special needs
children.
[(2) Services] (2) Services.--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 counseling;
(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
application 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
during 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] (a) In General.--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 2003 designed [to
determine the nature], to determine--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
or agencies [which are not licensed by or subject to regulation
by any governmental entity.]
(1) the nature
(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.
(b) Dynamics of Successful Adoption.--The Secretary shall
conduct research (directly or by grant to, or contract with,
public or private nonprofit research agencies or organizations)
about adoption outcomes and the factors affecting those
outcomes. The Secretary shall submit a report containing the
results of such research to the appropriate committees of the
Congress not later than the date that is 36 months after the
date of the enactment of the Keeping Children and Families Safe
Act of 2003.
(c) Interjurisdictional Adoption.--Not later than 1 year
after the date of the enactment of the Keeping Children and
Families Safe Act of 2003, the Secretary, in consultation with
the Comptroller General, shall submit to the appropriate
committees of the Congress a report that contains
recommendations for an action plan to facilitate the
interjurisdictional adoption of foster 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.] There are
authorized to be appropriated $40,000,000 for fiscal year 2004
and such sums as may be necessary for fiscal years 2005 through
2008 to carry out programs and activities authorized under this
subtitle.
(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.
* * * * * * *
ABANDONED INFANTS ASSISTANCE ACT OF 1988
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Infants Assistance
Act of 1988''.
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;]
[(5)] (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 known as ``AIDS''), and those who have been
exposed to dangerous drugs;
[(6) a particularly devastating developing 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] infants
and young children who are abandoned in hospitals 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, 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, ease
management services, family support services, respite
and crisis intervention services, counseling services,
and group residential home services;
[(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) there is a need for the development of funding
strategies that coordinate and make the optional use of
all private resources, and Federal, State, and local
resources to establish and maintain such services.]
(8) private, Federal, State, and local resources
should be coordinated to establish and maintain
services described in paragraph (7) and to ensure the
optional use of all such resources.
* * * * * * *
TITLE I--PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG CHILDREN
IN HOSPITALS
[SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.]
SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.
(a) In General.--The Secretary of Health and Human Services
may make grants to public and nonprofit private entities for
the purpose of developing, implementing, and operating projects
to demonstrate methods--
(1) * * *
* * * * * * *
[(b) Priority in Provision of Services.--The Secretary may
not make a grant under subsection (a) unless the applicant for
the grant agrees that, in carrying out the purpose described in
subsection (a) (other than with respect to paragraph (6) of
such subsection), the applicant will give priority to abandoned
infants and young children--
[(1) who are infected with the human immunodeficiency
virus or who have been perinatally exposed to the
virus; or
[(2) who have been perinatally exposed to a dangerous
drug.]
(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 a result of such projects.
[(b) Dissemination of Information to Individuals With
Special Needs.--
[(1)(A) The Secretary may enter into contracts or
cooperative agreements with public or nonprofit private
entities for the development and operation of model
projects to disseminate the information described in
subparagraph (B) to individuals who are
disproportionately at risk of dysfunctional behaviors
that lead to the abandonment of infants or young
children.
[(B) The information referred to in subparagraph (A)
is information on the availability to individuals
described in such subparagraph, and the families of the
individuals, of financial assistance and services under
Federal, State, local, and private programs providing
health services, mental health services, educational
services, housing services, social services, or other
appropriate services.
[(2) The Secretary may not provide a contract or
cooperative agreement under paragraph (1) to an entity
unless--
[(A) the entity has demonstrated expertise in
the functions with respect to which such
financial assistance is to be provided; and
[(B) the entity agrees that in disseminating
information on programs described in such
paragraph, the entity will give priority--
[(i) to providing the information to
individuals described in such paragraph
who--
[(I) engage in the abuse of
alcohol or drugs, who are
infected with the human
immunodeficiency virus, or who
have limited proficiency in
speaking the English language;
or
[(II) have been historically
underserved in the provision of
the information; and
[(ii) to providing information on
programs that are operated in the
geographic area in which the
individuals involved reside and that
will assist in eliminating or reducing
the extent of behaviors described in
such paragraph.
[(3) In providing contracts and cooperative
agreements under paragraph (1), the Secretary may not
provide more than 1 such contract or agreement with
respect to any geographic area.
[(4) Subject to the availability of amounts made
available in appropriations Acts for the fiscal year
involved, the duration of a contract or cooperative
agreement under paragraph (1) shall be for a period of
3 years, except that the Secretary may terminate such
financial assistance if the Secretary determines that
the entity involved has substantially failed to comply
with the agreements required as a condition of the
provision of the assistance.
[(c) 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
and young children who are infants and young
children described in section 101(b); 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) Not later than April 1, 1992, the Secretary
shall complete the study required in paragraph (1) and
submit to the Congress a report describing the findings
made as a result of the study.
[(d) 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 101(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 enactment of the Keeping Children and Families
Safe Act of 2003, the Secretary shall complete the
study required under paragraph (1) and submit to
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 abandonment 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 drug'' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
[(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. 301. DEFINITIONS.
For purposes of this Act.
[(1) The term for acquired immune ``deficiency
syndrome'' includes infection with the etiologic agent
such syndrome, any condition indicating that an
individual is infected with such etiologic agent, and
any condition arising from such etiologic agent.
[(2) The term ``Secretary'' means the Secretary of
Health and Human Services.]
SEC. 301. DEFINITIONS.
In this Act:
(1) Abandoned; abandonment.--The terms ``abandoned''
and ``abandonment'', used 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) Acquired immune deficiency syndrome.--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) Dangerous drug.--The term ``dangerous drug''
means a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(4) Natural family.--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.
(5) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
* * * * * * *
SEC. [104] 302. 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 2004 and such sums as may
be necessary for fiscal years 2005 through 2008.
(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 102(a).
[(b) Dissemination of Information for Individuals With
Special Needs.--For the purpose of carrying out section 102b,
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] this Act 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 2003.
[(d)] (c) Availability of Funds.--Amounts appropriated
under this section shall remain available until expended.
* * * * * * *
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
(2) provide for technical assistance and training
relating to family violence programs to States, local
public agencies (including law enforcement agencies,
courts, legal, social service, and health care
professionals), nonprofit private organizations, and
other persons seeking such assistance.
* * * * * * *
STATE DEMONSTRATION GRANTS AUTHORIZED
Sec. 303. (a)(1) In order to assist in supporting the
establishment, maintenance, and expansion of programs and
projects to prevent incidents of family violence and to provide
immediate shelter and related assistance for victims of family
violence and their dependents, the Secretary is authorized, in
accordance with the provisions of this title, to make grants to
States.
(2) No grant may be made under this subsection unless the
chief executive officer of the State seeking such grant submits
an application to the Secretary at such time and in such manner
as the Secretary may reasonably require. Each such application
shall--
(A) * * *
(B) * * *
(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 2007 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2);
(D) * * *
(E) * * *
(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
(G) * * *
(3) * * *
(4) Upon completion of the activities funded by a grant
under this subpart, the State grantee shall file a performance
report with the Director explaining the activities carried out
together with an assessment of the effectiveness of those
activities in achieving the purpose of this subpart. A section
of this performance report shall be completed by each grantee
or subgrantee that performed the direct services contemplated
in the application certifying performance of direct services
under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes
other than those set forth under this subpart, after following
the procedures set forth in paragraph (3). Federal funds may be
used only to supplement, not supplant, State funds.
(5) Upon completion of the activities funded by a grant
under this title, the State shall submit to the Secretary a
report that contains a description of the activities carried
out under paragraph (2)(B)(i).
* * * * * * *
(c) For a fiscal year described in section 310(a)(2), the
Secretary shall use funds made available under that section to
make grants, on a competitive basis, to eligible entities for
projects designed to address the needs of children who witness
domestic violence, to--
(1) provide direct services for children who witness
domestic violence;
(2) provide for training for and collaboration among
child welfare agencies, domestic violence victim
service providers, courts, law enforcement, and other
entities; and
(3) provide for multisystem interventions for
children who witness domestic violence.
[(c)] (d) No funds provided through demonstration grants
made under this section may be used as direct payment to any
victim of family violence or to any dependent of such victim.
[(d)] (e) No income eligibility standard may be imposed
upon individuals with respect to eligibility for assistance or
services supported with funds appropriated to carry out this
title.
[(e)] (f) No grant may be made under this section to any
entity other than a State or an Indian Tribe unless the entity
provides for the following non-Federal matching local share as
a proportion of the total amount of funds provided under this
title to the project involved: with respect to an entity
operating an existing program under this title, not less than
20 percent, and with respect to an entity intending to operate
a new program under this title, not less than 35 percent. The
local share required under this subsection may be in cash or
in-kind. The local share may not include any Federal funds
provided under any authority other than this title.
[(f)] (g) The Secretary shall assure that not less than 70
percent of the funds distributed under subsection (a) or (b)
shall be distributed to entities for the purpose of providing
immediate shelter and related assistance to victims of family
violence and their dependents as defined in section [309(4)]
320. Not less than 25 percent of the funds distributed under
subsection (a) or (b) shall be distributed for the purpose of
providing related assistance as defined under section
[309(5)(A)] 320(5)(A).
* * * * * * *
SECRETARIAL RESPONSIBILITIES
Sec. 305. (a) The Secretary shall appoint [an employee] 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) The Secretary shall--
(1) * * *
(2)(A) [provide for research, and into] provide for
research into the most effective prevention,
identification, and treatment thereof (such as research
into (i) 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
regulation.]
* * * * * * *
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.--
(1) Authorization.--There are authorized to be
appropriated to carry out sections 303 through 311,
$175,000,000 for each of fiscal years 2004 through
2008.
(2) Projects to address needs of children who witness
domestic violence.--For a fiscal year in which the
amounts appropriated under paragraph (1) exceed
$150,000,000, the Secretary shall reserve and make
available 50 percent of the excess to carry out section
303(c).
(b) Section 303 (a) and (b).--Of the amounts appropriated
under subsection (a) for each fiscal year (and not reserved
under subsection (a)(2)), not less than 70 percent shall be
used for making grants under subsection 303(a), and not less
than 10 percent shall be used for the purpose of carrying out
section 303(b).
(c) Section 308.--Of the amounts appropriated under
subsection (a) for each fiscal year (and not reserved under
subsection (a)(2)), 5 percent shall be used by the Secretary
for making grants under section 308.
(d) Grants for State Coalitions.--Of the amounts
appropriated under subsection (a) for each fiscal year (and not
reserved under subsection (a)(2)), not less than 10 percent of
such amounts shall be used by the Secretary formaking grants
under section 311.
(e) Non-Supplanting Requirement.--Federal funds made
available to a State under this shall be used to supplement and
not supplant other Federal, State, and local public funds
expended to provide services and activities that promote the
purposes of this title.
* * * * * * *
SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
(a) In General.--The Secretary shall award grants for the
funding of State domestic violence coalitions. Such coalitions
shall further the purposes of domestic violence intervention
and prevention through activities, including--
(1) * * *
(2) * * *
* * * * * * *
(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.]
(g) Funding.--Of the amount appropriated under section
310(a) for a fiscal year (and not reserved under section
310(a)(2)), not less than 10 percent of such amount shall be
made available to award grants under this section.
[(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.]
* * * * * * *
ADMINISTRATION AND STATUTORY CONSTRUCTION
Sec. 312. (a) In order to carry out the provisions of this
title, the Secretary is authorized to--* * *
* * * * * * *
(b) * * *
(c) Of the amount appropriated under section 310(a) for
each fiscal year (and not reserved under section 310(a)(2)),
not more than 2.5 percent shall be used by the Secretary for
evaluation, monitoring, and other administrative costs under
this title.
* * * * * * *
[Sec. 313. The Secretary shall, directly or by grant or
contract--
[(1) develop data on the individual develop data \1\
on the number of victims of family violence and their
dependents who are homeless or institutionalized as a
result of the violence and abuse they have experienced;
[(2) provide for the objective documentation of data
on the victims of family violence and their dependents
based on injuries that are brought to the attention of
domestic violence shelter, hospital, social service, or
law enforcement personnel, whether or not formal civil
or criminal action is taken; and
[(3) provide assurances that procedures will be
developed to guarantee the confidentiality of records
pertaining to any individual for whom data are compiled
through this subsection.]
* * * * * * *
[SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE
INTERVENTION.
[(a) In General.--The Secretary, in cooperation with the
Attorney General, shall award grants to not more than 10 States
to assist such States in becoming model demonstration States
and in meeting the costs of improving State leadership
concerning activities that will--
[(1) increase the number of prosecutions for domestic
violence crimes;
[(2) encourage the reporting of incidences of
domestic violence; and
[(3) facilitate ``arrests and aggressive''
prosecution policies.
[(b) Designation as Model State.--To be designated, as a
model State under subsection (a), a State shall have in
effect--
[(1) a law that requires mandatory arrest of a person
that police have probable cause to believe has
committed an act of domestic violence or probable cause
to believe has violated an outstanding civil protection
order;
[(2) a law or policy that discourages ``dual''
arrests;
[(3) statewide prosecution policies that--
[(A) authorize and encourage prosecutors to
pursue cases where a criminal case can be
proved, including proceeding without the active
involvement of the victim if necessary; and \1\
[(B) implement model projects that include
either--
(i) a ``no-drop'' prosecution policy;
or
(ii) a vertical prosecution policy;
and
[(C) limit diversion to extraordinary cases,
and then only after an admission before a
judicial officer has been entered;
[(4) statewide guidelines for judges that--
[(A) reduce the automatic issuance of mutual
restraining or protective orders in cases where
only one spouse has sought a restraining or
protective order;
[(B) discourage custody or joint custody
orders by spouse abusers; and
[(C) encourage the understanding of domestic
violence as a serious criminal offense and not
a trivial dispute; and
[(5) develop and disseminate methods to improve the
criminal justice system's response to domestic violence
to make existing remedies as easily available as
possible to victims of domestic violence, including
reducing delay, eliminating court fees, and providing
easily understandable court forms.
[(c) Authorization of Appropriations.--
[(1) In general.--In addition to the funds authorized
to be appropriated under section 310, there are
authorized to be appropriated to make grants under this
section $25,000,000 for fiscal year 1992, and such sums
as may be necessary for each of the fiscal years 1993
through 1995.
[(2) Limitation.--A grant may not be made under this
section in an amount less than $2,000,000.
[(3) Delegation and transfer.--The Secretary shall
delegate to the Attorney General the Secretary's
responsibilities for carrying out this section and
shall transfer to the Attorney General the funds
appropriated under this section for the purpose of
making grants under this section.]
* * * * * * *
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).
(c) Annual Approval.-- * * *
* * * * * * *
[(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.
[(2) Availability.--Funds authorized to be
appropriated under paragraph (1) shall remain available
until expended.]
* * * * * * *
[SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
[(a) General Purpose.--For purposes of this section, the
Secretary may, in consultation with the Secretary of Education,
select, implement and evaluate 4 model programs for education
of young people about domestic violence and violence among
intimate partners.
[(b) Nature of Program.--The Secretary shall select,
implement and evaluate separate model programs for 4 different
audiences: primary schools, middle schools, secondary schools,
and institutions of higher education. The model programs shall
be selected, implemented, and evaluated in consultation with
educational experts, legal and psychological experts on
battering, and victim advocate organizations such as battered
women's shelters, State coalitions and resource centers.
[(c) Review and Dissemination.--Not later than 2 years
after the date of enactment of this section, the Secretary
shall transmit the design and evaluation of the model programs,
along with a plan and cost estimate for nationwide
distribution, to the relevant committees of Congress for
review.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $400,000 for
fiscal year 1996.]
SEC. 317. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.
(a) In General.--For a year in which the Secretary makes an
amount available under subsection (g)(2), the Secretary shall
award a grant to a nonprofit organization to establish and
operate a highly secure 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, participating domestic
violence shelters in the United States, State and local
domestic violence agencies, and other domestic violence
organization, so that such entities will be able to
connect a victim of domestic violence to the most safe,
appropriate, and convenient domestic violence shelter;
and
(2) contain, to the maximum extent practicable,
continuously updated information concerning the
availability of services and space in domestic
viiolence shelters across the United States.
(b) 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 a high level security system to
ensure the confidentiality of the website;
(B) establish, within 5 years, a website that
links the entities described in subsection
(a)(1);
(C) consult with the entities described in
subsection (a)(1) in developing and
implementing the website and providing Internet
connections; and
(D) otherwise comply with the requirements of
this section.
(c) Use of Grant Award.--The recipient of a grant award
under this section shall--
(1) collaborate with officials of 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
and highly secure;
(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 other entities described in subsection
(a)(1) regarding how to use the website to best meet
the needs of callers;
(7) provide Internet access, and hardware in
necessary cases, 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) 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.
(d) 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 recipient of the grant award or to the
website.
(e) Duration of Grant.--The term of a grant awarded under
this section shall be 5 years.
(f) Technical Assistance and Oversight.--The Secretary
shall--
(1) provide technical assistance, if requested, on
developing and managing the website; and
(2) have access to, and monitor, the website.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out section 316 and this section,
$5,000,000 for fiscal year 2004 and such sums as may be
necessary for each of fiscal years 2005 through 2008.
(2) Conditions on appropriations.--Notwithstanding
paragraph (1), the Secretary shall make available a
portion of the amounts appropriated under paragraph (1)
to carry out this section only for any fiscal year for
which the amounts appropriated under paragraph (1)
exceed $3,000,000.
(3) Administrative costs.--Of the amount made
available to carry out this section for a fiscal year
the Secretary may not use 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.
(4) Availability.--Funds appropriated under paragraph
(1) shall remain available until expended.
* * * * * * *
SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.-- * * *
* * * * * * *
[(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.]
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $6,000,000 for
each of fiscal years 2004 through 2008.
[(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.]
* * * * * * *
SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.
(a) In General.--* * *
* * * * * * *
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $25,000,000 for
[fiscal year 2001] each of fiscal years 2004 through 2008.
* * * * * * *
DEFINITIONS
Sec. [309] 320. As used in this title: