[Senate Report 115-432]
[From the U.S. Government Publishing Office]
115th Congress} { Report
SENATE
2d Session } { 115-432
======================================================================
VICTIMS OF CHILD ABUSE ACT REAUTHORIZATION ACT OF 2018
_______
December 12, 2018.--Ordered to be printed
_______
Mr. Grassley, from the Committee on Judiciary,
submitted the following
R E P O R T
[To accompany S. 2961]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to which was referred the
bill (S. 2961) to reauthorize subtitle A of the Victims of
Child Abuse Act of 1990, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Background and Purpose of the Victims of Child Abuse Act
Reauthorization Act of 2018......................................1
II. History of the Bill and Committee Consideration..................3
III. Section-by-Section Summary of the Bill...........................4
IV. Congressional Budget Office Cost Estimate........................5
V. Regulatory Impact Evaluation.....................................6
VI. Conclusion.......................................................6
VII. Changes to Existing Law Made by the Bill, as Reported............6
I. Background and Purpose of the Victims of Child Abuse Act
Reauthorization Act of 2018
A. BACKGROUND
``[T]he interest [of] safeguarding the physical and
psychological well-being of a minor . . . is a compelling
one.'' Packingham v. North Carolina, 137 S. Ct. 1730, 1739
(2017) (quoting Globe Newspaper Co. v. Superior Court, County
of Norfolk, 457 U.S. 596, 607 (1982) (alterations in
original)). Prior to 1990, child victims of sexual abuse,
physical abuse, or neglect were required to undergo a difficult
disclosure and investigation process. The discovery of an
allegation of child abuse or neglect led to a series of
interviews that might involve medical professionals, child
protective service, law enforcement, and criminal justice
personnel. Each such interview required a victim to relive the
pain and trauma of the abuse again.
In 1990, Congress passed the Victims of Child Abuse Act of
1990. This legislation authorized medical, health, and legal
professionals to work as a team to respond to the significant
medical, emotional, and legal needs of child abuse victims. It
prompted the development of Children's Advocacy Centers, or
CACs--a multidisciplinary model composed of law enforcement,
prosecutors, medical and mental health professionals, and
counselors. When the authorities uncover an allegation of
sexual abuse, neglect, drug endangerment, or violence involving
a child, they jointly interview the victim, to assess the
extent of physical and emotional harm to the child and evaluate
evidence for possible criminal prosecution.
The Children's Advocacy Center model provides a safe,
comfortable environment within which to conduct a forensic
interview. This interview is conducted by a trained
professional and recorded, allowing law enforcement,
prosecutors, and mental/medical professionals to evaluate the
victim (in person or later on video) for various contingencies
(e.g., counseling, participation in criminal prosecution)
without repetitive interviews. This one-time interview process
results in less stress for the child victim, a higher
cooperation rate for criminal prosecutions, and a greater
likelihood that a victim will receive medical care and mental
health referrals. The use of the CAC model also results in a
greater conviction rate for cases that are prosecuted in a
criminal court.
In 2017, CACs throughout the United States served
approximately 334,626 children, involving approximately 263,985
alleged offenders. This number is a significant increase from
2000, when the number of children served was approximately
100,539. Forty percent of the children served by CACs are
younger than six-years old.
B. PURPOSE
This bill will reauthorize the Victims of Child Abuse Act
of 1990 for five years, at $25 million per year. Congress
unanimously reauthorized this program in 2014. The current
funding level for the Victims of Child Abuse Act is $21
million. This is the only Federal program solely dedicated to
Children's Advocacy Centers.
This legislation will also update language of the statute
to reflect the latest research and trends, and better reflect
the relationship between and among CACs. Specifically, language
is included to allow State chapters of CACs to assist local
communities in coordinating efforts, including oversight and
technical assistance. This legislation will ensure that grants
to local CACs allow for a portion of the grants to be
distributed to State chapters, to allow them to provide
technical assistance, training, coordination, and oversight.
Oversight and assistance of CACs by State chapters is
complemented by authorizing the Department of Justice's
Director of the Office of Victims of Crime to collaborate with
State chapters, to provide oversight and technical assistance
to local CACs as well as communities that want to develop a
local CAC.
This bill will also provide protections for people who in
good faith report suspected child abuse, including
professionals who are called upon to consult in a child abuse
case, or provide a medical diagnosis. Under current law,
individuals who report suspected child abuse in good faith are
protected from lawsuits. However, it is unclear whether such
protection also extends to secondary reporters, such as
professionals who consult on a child abuse case. For example, a
pediatrician may be asked for their opinion by a colleague
regarding a child's injury resulting from possible neglect or
abuse. Providing this opinion is not currently protected in the
same way as primary reporters of child abuse, and some
pediatricians are now being sued in civil court for assisting
in abuse cases. The lack of protection may deter pediatricians
from assisting with child abuse cases.
S. 2961 provides a national immunity provision to extend
both civil and criminal protection for reporters of child
abuse. It also clarifies that liability protections for
reporters of child abuse extend to secondary reporters (those
consulted on cases but not directly making the report of child
abuse), under the Child Abuse Prevention and Treatment Act
(CAPTA), or the Federal statute with which States must comply
to receive child abuse prevention funding. Under current law,
this protection already exists when reports and assistance with
abuse cases happen on Federal land or Federal facilities.
A 2013 report by the Department of Health and Human
Services, entitled Report to Congress on the Immunity from
Prosecution for Professional Consultation in Suspected and
Known Instances of Child Abuse and Neglect, made the following
points:
(1) 19% of the medical professionals surveyed for the
report indicated concern about being the subject of a
lawsuit as the reason they had declined to assist in a
child abuse investigation in the previous year.
(2) There is a critical need for legal protection to
allow professionals to work on child maltreatment cases
without fear of being sued for providing assistance to
vulnerable children.
(3) Current law focuses on providing liability
protection for the individual ``making'' the report,
rather than including others who are also involved in
the report.
(4) Physicians, teachers, police, and others often go
beyond merely filing a report of suspected abuse or
neglect. Their follow-up with child protective services
(CPS) and other agencies involved in a child abuse or
neglect case is vital and unfortunately does place such
professionals at potential risk of civil liability
that, regardless of outcome, can impose significant
costs on such individuals.
II. History of the Bill and Committee Consideration
A. INTRODUCTION OF THE BILL
On May 24, 2018, Senator Roy Blunt introduced the Victims
of Child Abuse Act Reauthorization Act of 2018 (S. 2961).
Senators Coons, Young, Klobuchar, Capito, Hirono, Burr, Casey,
Rounds, Fischer and Durbin were original cosponsors. Senators
Wicker, Hyde-Smith, Cornyn, Jones, Grassley, Tillis, Heller,
Hassan, Blumenthal, Peters, and Schatz later joined as
cosponsors of the legislation. The bill was referred to the
Committee on the Judiciary.
B. COMMITTEE CONSIDERATION
On August 27, 2018, the Committee held a briefing for
committee staff about this legislation. Denise Edwards from the
National Children's Alliance, and Randy Williams from the
Children's Advocacy Center of Delaware presented information
and fielded questions on the proposed legislation.
On September 18, 2018, the Committee voted to report the
Victims of Child Abuse Reauthorization Act Reauthorization Act
of 2018, S. 2961, with an amendment in the nature of a
substitute, favorably to the Senate by voice vote.
III. Section-by-Section Summary of the Bill
Section 1. Short title
Provides that the legislation may be cited as the ``Victims
of Child Abuse Act Reauthorization Act of 2018''
Section 2. Reauthorization
Updates findings in 34 U.S.C. Sec. 20301 to reflect the
latest criminal justice trends and research, by adding
references to the need for State chapters of children's
advocacy centers to assist local communities in coordinating
responses, and providing oversight, training, and technical
assistance in delivery of evidence-informed programming.
Recognizes the need to train law enforcement officers,
child protective service workers, forensic interviewers,
prosecutors, and victim advocates in the multidisciplinary
Child Advocacy Center evidence-based methodology.
Clarifies the nature of children's advocacy programs, to
allow collaboration with State chapters to provide training,
technical assistance, coordination, and oversight to local
Child Advocacy Centers, and communities looking to develop a
Child Advocacy Center program. Also provides clarification that
regional children's advocacy centers are to promote effective
delivery of the evidence-informed Children's Advocacy Model and
services.
Revises selection process to ensure applicants are selected
from a broader geographic area.
Requires the Attorney General to annually report to the
Senate and House Judiciary Committees, summarizing the efforts
to monitor and evaluate the activities of the regional
children's advocacy centers; and how those monies are
allocated, including whether both rural and urban populations
are being adequately served by the regional children's advocacy
centers.
Section 3. Immunity protections for reporters of child abuse
Provides immunity from civil or criminal liability under
Federal, State and local laws for individuals making good faith
reports of suspected or known instances of child abuse or
neglect, or who provide information or assistance (including
medical evaluations or consultations) in connection with a
report, investigation, or legal intervention pursuant to a good
faith report of child abuse or neglect.
Provides a good faith defense in any Federal civil or
criminal litigation for a report of child abuse or suspected
child abuse. Also provides a presumption that a reporter is
acting in good faith when making a report of abuse or suspected
child abuse.
Allows a prevailing party defendant in a Federal civil
action to receive an award of costs and reasonable attorney's
fees.
IV. Congressional Budget Office Cost Estimate
The Committee sets forth, with respect to the bill, S.2961,
the following estimate and comparison prepared by the Director
of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2018.
Hon. Chuck Grassley,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2961, the Victims of
Child Abuse Act Reauthorization Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
S. 2961--Victims of Child Abuse Act Reauthorization Act of 2018
S. 2961 would authorize the appropriation of $25 million
annually over the 2019-2023 period mostly for Department of
Justice programs to prevent child abuse and assist victims of
such crimes. CBO assumes that the bill will be enacted near the
beginning of fiscal year 2019 and that the specified amounts
will be appropriated each year. Based on historical spending
patterns, CBO estimates that implementing S. 2961 would cost
$75 million over the 2019-2023 period, as shown in the
following table.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 25 25 25 25 25 125
Estimated Outlays............................................ 3 10 16 21 25 75
----------------------------------------------------------------------------------------------------------------
The Congress appropriated $21 million for fiscal year 2018
for the programs authorized by the bill. The costs of the
legislation fall within budget function 750 (administration of
justice).
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 2961 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2961 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA).
S. 2961 would provide liability protections for individuals
who make good faith reports of child abuse or neglect. The bill
would thus impose a private-sector mandate as defined in UMRA
by preventing other entities from bringing liability claims
under federal law against those individuals. CBO has no basis
to estimate the number of possible lawsuits or related awards
that would be precluded by the bill and cannot predict the
amount of potential foregone damages. Therefore, CBO cannot
determine whether the cost of the mandate would exceed the
annual threshold established in UMRA for private-sector
mandates ($160 million in 2018, adjusted annually for
inflation).
The CBO staff contacts are Mark Grabowicz (for federal
costs) and Andrew Laughlin (for mandates). The estimate was
reviewed by H. Samuel Papenfuss, Deputy Assistant Director for
Budget Analysis.
V. Regulatory Impact Evaluation
In compliance with rule XXVI of the Standing Rules of the
Senate, the Committee finds that no significant regulatory
impact will result from the enactment of S. 2961.
VI. Conclusion
The Victims of Child Abuse Act Reauthorization Act of 2018,
S. 2961, provides critical funding authorization and programs
for Child Advocacy Centers. Passage of this legislation will
ensure that the work of helping children victimized by sexual
abuse and neglect, through the use of evidence-based
procedures, is not interrupted.
VII. Changes to Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 2961, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 34--CRIME CONTROL AND LAW ENFORCEMENT
* * * * * * *
CHAPTER 203--VICTIMS OF CHILD ABUSE
* * * * * * *
Subchapter 1--Improving Investigation and Prosecution of Child Abuse
Cases
* * * * * * *
Sec. 20301. Findings
The Congress finds that--
(1) over [2,000,000] 3,300,000 reports of suspected
child abuse and neglect are made each year, and drug
abuse is associated with a significant portion of
these;
(2) the investigation and prosecution of child abuse
cases is extremely complex, involving numerous agencies
and dozens of personnel;
(3) traditionally, community agencies and
professionals have different roles in the prevention,
investigation, and intervention process;
(4) in such cases, too often the system does not pay
sufficient attention to the needs and welfare of the
child victim, aggravating the trauma that the child
victim has already experienced;
(5) there is a national need to enhance coordination
among community agencies and professionals involved in
the intervention system;
(6) multidisciplinary child abuse investigation and
prosecution programs have been developed that increase
the reporting of child abuse cases, reduce the trauma
to the child victim, improve positive outcomes for the
child, and increase the successful prosecution of child
abuse offenders[; and];
(7) such programs have proven effective, and with
targeted Federal assistance, [could be duplicated in
many jurisdictions throughout the country.]have
expanded dramatically throughout the United States; and
(8) State chapters of children's advocacy center
networks are needed to--
(A) assist local communities in coordinating
their multidisciplinary child abuse
investigation, prosecution, and intervention
services; and
(B) provide oversight of, and training and
technical assistance in, the effective delivery
of evidence-informed programming.
Sec. 20302. Definitions
For purposes of this subtitle--
(1) the term ``Administrator'' means the agency head
designated under section 201(b) of the Juvenile Justice
and Delinquency Prevention Act of 1974 [(42 U.S.C.
5611(b)](34 U.S.C. 11111(b));
(2) the term ``applicant'' means a child protective
service, law enforcement, legal, medical and mental
health agency or other agency that responds to child
abuse cases;
[(3) the term ``board'' means the Children's Advocacy
Advisory Board established under section 213(e);]
(3)[(4)] the term ``census region'' means 1 of the 4
census regions (northeast, south, midwest, and west)
that are designated as census regions by the Bureau of
the Census as of the date of enactment of this section
[enacted Nov. 4, 1992];
(4)[(5)] the term ``child abuse'' means physical or
sexual abuse or neglect of a child, including human
trafficking and the production of child pornography;
[(6) the term ``Director'' means the Director of the
National Center on Child Abuse and Neglect;]
(5)[(7)] the term ``multidisciplinary response to
child abuse'' means a response to child abuse that is
based on mutually agreed upon procedures among the
community agencies and professionals involved in the
intervention, prevention, prosecution, and
investigation systems that best meets the needs of
child victims and their nonoffending family members;
(6)[(8)] the term ``nonoffending family member''
means a member of the family of a victim of child abuse
other than a member who has been convicted or accused
of committing an act of child abuse; [and]
(7)[(9)] the term ``regional children's advocacy
program'' means the children's advocacy program
established under section 213(a)[.]; and
(8) the term `State chapter' means a membership
organization that provides technical assistance,
training, coordination, grant administration,
oversight, and support to local children's advocacy
centers, multidisciplinary teams, and communities
working to implement a multidisciplinary response to
child abuse in the provision of evidence-informed
initiatives, including mental health counseling,
forensic interviewing, multidisciplinary team
coordination, and victim advocacy.
Sec. 20303. Regional Children's Advocacy Centers
(a) Establishment of Regional Children's Advocacy
Program.--The Administrator, in coordination [with the Director
and] with the Director of the Office of Victims of Crime, shall
establish a children's advocacy program to--
(1) focus attention on child victims by assisting
communities in developing child-focused, community-
oriented, facility-based programs designed to improve
the resources available to children and families;
[(2) provide support for nonoffending family
members;]
(2)[(3)] enhance coordination among community
agencies and professionals involved in the
intervention, prevention, prosecution, and
investigation systems that respond to child abuse
cases; [and]
(3)[(4)] train physicians and other health care and
mental health care professionals, law enforcement
officers, child protective service workers, forensic
interviewers, prosecutors, and victim advocates, in the
multidisciplinary approach to child abuse so that
trained [medical] personnel will be available to
provide [medical] support to community agencies and
professionals involved in the intervention, prevention,
prosecution, and investigation systems that respond to
child abuse cases[.]and
(4) collaborate with State chapters to provide
training, technical assistance, coordination, and
oversight to--
(A) local children's advocacy centers; and
(B) communities that want to develop local
children's advocacy centers.'
(b) Activities of the Regional Children's Advocacy
Program.--
(1) Administrator.--The Administrator, [in
coordination with the Director,] shall--
(A) establish regional children's advocacy
program centers; and
(B) fund existing regional centers with
expertise in [the prevention, judicial
handling, and treatment of child abuse and
neglect; and]multidisciplinary team
investigation, trauma-informed interventions,
and evidence-informed treatment,
[(C) fund the establishment of freestanding
facilities in multidisciplinary programs within
communities that have yet to establish such
facilities, for the purpose of enabling grant
recipients to provide information, services,
and technical assistance to aid communities in
establishing multidisciplinary programs that
respond to child abuse.]
(2) Grant recipients.--A grant recipient under this
section shall--
(A) assist [communities]communities, local
children's advocacy centers, multidisciplinary
teams, and State chapters--
(i) in developing and expanding a
comprehensive, multidisciplinary
response to child abuse that is
designed to meet the needs of child
victims and their families;
(ii) in promoting the effective
delivery of the evidence-informed
Children's Advocacy Model and the
multidisciplinary response to child
abuse, including best practices in--
(I) organizational support
and development;
(II) programmatic evaluation;
and
(III) financial oversight of
Federal funding;
(iii)[(ii)] in establishing [a
freestanding facility where interviews
of and services for abused children can
be provided]child-friendly facilities
for the investigation of, assessment
of, and intervention in abuse;
(iv)[(iii)] in preventing or reducing
trauma to children caused by
[multiple]duplicative contacts with
community professionals;
(v)[(iv)] in providing families with
needed services and assisting them in
regaining maximum functioning;
(vi)[(v)] in maintaining open
communication and case coordination
among community professionals and
agencies involved in child protection
efforts;
(vii)[(vi)] in coordinating and
tracking investigative, preventive,
prosecutorial, and treatment efforts;
(viii)[(vii)] in obtaining
information useful for criminal and
civil proceedings;
(ix)[(viii)] in holding offenders
accountable through improved
prosecution of child abuse cases;
(x)[(ix)] in enhancing professional
skills necessary to effectively respond
to cases of child abuse through
training; and
(xi)[(x)] in enhancing community
understanding of child abuse; and
(B) provide training and technical assistance
to local children's advocacy centers and
interested communities in its census region
that are grant recipients under section 214.
(c) Operation of the Regional Children's Advocacy
Program.--
(1) Solicitation of proposals.--Not later than 1 year
after the date of enactment of this section [enacted
Nov. 4, 1992], the Administrator shall solicit
proposals for assistance under this section.
(2) Minimum qualifications.--In order for a proposal
to be selected, the Administrator may require an
applicant to have in existence, at the time the
proposal is submitted, 1 or more of the following:
(A) A proven record in conducting activities
of the kinds described in subsection (c).
(B) A facility where children who are victims
of sexual or physical abuse and their
nonoffending family members can go for the
purpose of evaluation, intervention, evidence
gathering, and counseling.
(C) Multidisciplinary staff experienced in
providing [remedial counseling to]evidence-
informed services for children and families.
(D) Experience in serving as a center for
training and education and as a resource
facility.
(E) National expertise in providing technical
assistance to communities with respect to the
judicial handling of child abuse and neglect.
(3) Proposal requirements.--
(A) In general.--A proposal submitted in
response to the solicitation under paragraph
(1) shall--
(i) include a single or multiyear
management plan that outlines how the
applicant will provide information,
services, and technical assistance to
communities so that communities can
establish multidisciplinary programs
that respond to child abuse;
(ii) demonstrate the ability of the
applicant to operate successfully a
[multidisciplinary child abuse program]
children's advocacy center or provide
training to allow others to do so; and
(iii) state the annual cost of the
proposal and a breakdown of those
costs.
(B) Content of management plan.--A management
plan described in paragraph (3)(A) shall--
(i) outline the basic activities
expected to be performed;
(ii) describe the entities that will
conduct the basic activities;
(iii) establish the period of time
over which the basic activities will
take place; and
(iv) define the overall program
management and direction by--
(I) identifying managerial,
organizational, and
administrative procedures and
responsibilities;
(II) demonstrating how
implementation and monitoring
of the progress of the
children's advocacy program
after receipt of funding will
be achieved; and
(III) providing sufficient
rationale to support the costs
of the plan.
(4) Selection of proposals.--
(A) Competitive basis.--Proposals shall be
selected under this section on a competitive
basis.
(B) Criteria.--The Administrator[, in
coordination with the Director,] shall select
proposals for funding that--
(i) best result in developing and
establishing multidisciplinary programs
that respond to child abuse by
assisting, training, and teaching
community agencies and professionals
called upon to respond to child abuse
cases;
(ii) assist in resolving problems
that may occur during the development,
operation, and implementation of a
multidisciplinary program that responds
to child abuse;
[(iii) carry out the objectives
developed by the board under subsection
(e)(2)(A);]
(iii)[(iv)] to the greatest extent
possible and subject to available
appropriations, ensure that at least 1
applicant is selected from each of the
4 census regions of the country; and
(iv)[(v)] otherwise best carry out
the purposes of this section.
(5) Funding of program.--From amounts made available
in separate appropriation Acts, the Administrator shall
provide to each grant recipient the financial and
technical assistance and other incentives that are
necessary and appropriate to carry out this section.
(6) Coordination of effort.--In order to carry out
activities that are in the best interests of abused and
neglected children, a grant recipient shall consult
with other grant recipients on a regular basis to
exchange ideas, share information, and review
children's advocacy program activities.
(d) Review.--
(1) Evaluation of regional children's advocacy
program activities.--The Administrator[, in
coordination with the Director,] shall regularly
monitor and evaluate the activities of grant recipients
and shall determine whether each grant recipient has
complied with the original proposal and any
modifications.
(2) Annual report.--A grant recipient shall provide
an annual report to the Administrator [and the Director
]that--
(A) describes the progress made in satisfying
the purpose of the children's advocacy program;
and
(B) states whether changes are needed and are
being made to carry out the purpose of the
children's advocacy program.
(3) [Discontinuation of funding.--
[(A) Failure to implement program
activities.--If a grant recipient under this
section substantially fails in the
implementation of the program activities, the
Administrator shall not discontinue funding
until reasonable notice and an opportunity for
reconsideration is given.
[(B) Solicitation of new proposals.--Upon
discontinuation] Discontinuation of funding.--
Upon discontinuation of funding of a grant
recipient under this section, the Administrator
shall solicit new proposals in accordance with
subsection (c).
[(e) Children's Advocacy Advisory Board.--
(1) Establishment of board.--
(A) In general.--Not later than 120 days
after the date of enactment of this section
[enacted Nov. 4, 1992], the Administrator and
the Director, after consulting with
representatives of community agencies that
respond to child abuse cases, shall establish a
children's advocacy advisory board to provide
guidance and oversight in implementing the
selection criteria and operation of the
regional children's advocacy program.
(B) Membership.--
(i) The board--
(I) shall be composed of 12
members who are selected by the
Administrator, in coordination
with the Director, a majority
of whom shall be individuals
experienced in the child abuse
investigation, prosecution,
prevention, and intervention
systems;
(II) shall include at least 1
member from each of the 4
census regions; and
(III) shall have members
appointed for a term not to
exceed 3 years.
(ii) Members of the board may be
reappointed for successive terms.
(2) Review and recommendations.--
(A) Objectives.--Not later than 180 days
after the date of enactment of this section
[enacted Nov. 4, 1992] and annually thereafter,
the board shall develop and submit to the
Administrator and the Director objectives for
the implementation of the children's advocacy
program activities described in subsection (b).
(B) Review.--The board shall annually--
(i) review the solicitation and
selection of children's advocacy
program proposals and make
recommendations concerning how each
such activity can be altered so as to
better achieve the purposes of this
section; and
(ii) review the program activities
and management plan of each grant
recipient and report its findings and
recommendations to the Administrator
and the Director.
(3) Rules and regulations.--The board shall
promulgate such rules and regulations as it deems
necessary to carry out its duties under this section.]
[(f) Reporting.--The Attorney General and the Secretary of
Health and Human Services shall submit to Congress, by March 1
of each year, a detailed review of the progress of the regional
children's advocacy program activities.]
Sec. 20304. Local children's advocacy centers
[(a) In general.--The Administrator, in coordination with
the Director and with the Director of the Office of Victims of
Crime, shall make grants to develop and implement
multidisciplinary child abuse investigation and prosecution
programs.]
(a) In General.--The Administrator, in coordination with
the Director of the Office of Victims of Crime, shall make
grants to--
(1) develop and enhance multidisciplinary child abuse
investigations, intervention, and prosecution; and
(2) promote the effective delivery of the evidence-
informed Children's Advocacy Model and the
multidisciplinary response to child abuse, including
best practices in programmatic evaluation and financial
oversight of Federal funding.
(b) Direct Services for Victims of Human Trafficking and
Child Pornography.--The Administrator, in coordination [with
the Director] and with the Director of the Office of Victims of
Crime, may make grants to develop and implement specialized
programs to identify and provide direct services to victims of
human trafficking and child pornography.
(c) Grant Criteria.--
(1) The [Director]Administrator shall establish the
criteria to be used in evaluating applications for
grants under [this section] subsections (a) and (b)
consistent with sections 299B and 299E of the Juvenile
Justice and Delinquency Prevention Act of 1974 [(42
U.S.C. 5665 et seq.)](34 U.S.C. 11183, 11186).
(2) In general, the grant criteria established
pursuant to paragraph (1) may require that a program
include any of the following elements:
(A) A written agreement between local law
enforcement, [social service]child protective
service, health, and other related agencies to
coordinate child abuse investigation,
prosecution, treatment, and counseling
services.
(B) An appropriate site for referring,
interviewing, treating, and counseling child
victims of sexual and serious physical abuse
and neglect and nonoffending family members
(referred to as [the ``counseling center]''a
``children's advocacy center'').
(C) Referral of all [sexual and serious
physical abuse and neglect cases to the
counseling center]child abuse cases that met
designated referral criteria to the children's
advocacy center not later than 24 hours after
notification of an incident of abuse.
(D) Joint initial [investigative]forensic
interviews of child victims by personnel from
law enforcement, health, and [social
service]child protective service agencies.
[(E) A requirement that, to the extent
practicable, the same agency representative who
conducts an initial interview conduct all
subsequent interviews.]
(E)[(F)] A requirement that, to the extent
practicable, all interviews and meetings with a
child victim occur at the [counseling center]
children's advocacy center or an agency with
which there is a linkage agreement regarding
the delivery of multidisciplinary child abuse
investigation, prosecution, and intervention
services.
(F)[(G)] Coordination of each step of the
investigation process to [minimize the number
of interviews that a child victim must
attend]eliminate duplicative forensic
interviews with a child victim.
(G)[(H)] Designation of a director for the
[multidisciplinary program]children's advocacy
center.
(H)[(I)] Assignment of a volunteer or staff
advocate to each child in order to assist the
child and, when appropriate, the child's
family, throughout each step of intervention
and judicial proceedings.
(I)[(J)] Such other criteria as the Director
shall establish by regulation.
(d) Distribution of Grants.--In awarding grants under this
section, [the Director]the Administrator shall ensure that
grants are distributed to [both large and small States]all
States that are eligible for such grants, including large and
small States, and to rural, suburban, and urban jurisdictions.
(e) Consultation With Regional Children's Advocacy
Centers.--A grant recipient under this section shall consult
from time to time with regional children's advocacy centers in
its census region that are grant recipients under section 213.
(f) Grants to State Chapters for Assistance to Local
Children's Advocacy Centers.--In awarding grants under this
section, the Administrator shall ensure that a portion of the
grants is distributed to State chapters to enable State
chapters to provide technical assistance, training,
coordination, and oversight to other recipients of grants under
this section in providing evidence-informed initiatives,
including mental health counseling, forensic interviewing,
multidisciplinary team coordination, and victim advocacy.
20305. Grants for Specialized Technical Assistance and Training
Programs
(a) In General.--The Administrator shall make grants to
national organizations to provide technical assistance and
training [to attorneys and others instrumental to the criminal
prosecution of child abuse cases in State or Federal courts,
for the purpose of improving the quality of criminal
prosecution of such cases.]to--
(1) attorneys and other allied professionals
instrumental to the criminal prosecution of child abuse
cases in State or Federal courts, for the purpose of
improving the quality of criminal prosecution of such
cases; and
(2) child abuse professionals instrumental to the
protection of children, intervention in child abuse
cases, and treatment of victims of child abuse, for the
purpose of--
(A) improving the quality of such protection,
intervention, and treatment; and
(B) promoting the effective delivery of the
evidence-informed Children's Advocacy Model and
the multidisciplinary response to child abuse,
including best practices in programmatic
evaluation and financial oversight of Federal
funding.
[(b) Grantee Organizations.--An organization to which a
grant is made pursuant to subsection (a) shall be one that has,
or is affiliated with one that has, broad membership among
attorneys who prosecute criminal cases in State courts and has
demonstrated experience in providing training and technical
assistance for prosecutors.]
(b) Grantee organizations.--
(1) Prosecutors.--An organization to which a grant is
made for specific training and technical assistance for
prosecutors under subsection (a)(1) shall be one that
has--
(A) a broad representation of attorneys who
prosecute criminal cases in State courts; and
(B) demonstrated experience in providing
training and technical assistance for
prosecutors.
(2) Child abuse professionals.--An organization to
which a grant is made for specific training and
technical assistance for child abuse professionals
under subsection (a)(2) shall be one that has--
(A) a diverse portfolio of training and
technical resources for the diverse
professionals responding to child abuse,
including a digital library to promote
evidence-informed practice; and
(B) demonstrated experience in providing
training and technical assistance for child
abuse professionals, especially law enforcement
officers, child protective service workers,
prosecutors, forensic interviewers, medical
professionals, victim advocates, and mental
health professionals.
(c) Grant criteria.--
(1) The Administrator shall establish the criteria to
be used for evaluating applications for grants under
this section, consistent with sections 299B and 299E of
the Juvenile Justice and Delinquency Act of 1974 [(42
U.S.C. 5665 et seq.)]34 U.S.C. 11183, 11186).
(2) The grant criteria established pursuant to
paragraph (1) shall require, in the case of a grant
made under subsection (a)(1), that a program provide
training and technical assistance that includes
information regarding improved child interview
techniques, thorough investigative methods, interagency
coordination and effective presentation of evidence in
court, including the use of alternative courtroom
procedures described in this title.
Sec. 20306. Authorizations of appropriations
(a) Sections 213 and 214.--There are authorized to be
appropriated to carry out [sections 213 and 214, $15,000,000
for each of fiscal years 2014, 2015, 2016, 2017, and
2018.]sections 213 and 214, $19,000,000 of reach of fiscal
years 2019 through 2023.
(b) Section 214A. There are authorized to be appropriated
to carry out section 214A $5,000,000 for each of fiscal years
2014, 2015, 2016, 2017, and 2018.
Sec. 20307. Accountability
[All grants awarded] (a) In general._All grants awarded by
the Administrator under this subtitle shall be subject to the
following accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in
the final audit report of the Inspector General
of the Department of Justice that the audited
grantee has utilized grant funds for an
unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved
within 12 months from the date when the final
audit report is issued and any appeal has been
completed.
(B) Audit.--The Inspector General of the
Department of Justice shall conduct audits of
recipients of grants under this subtitle to
prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine
the appropriate number of grantees to be
audited each year.
(C) Mandatory exclusion.--A recipient of
grant funds under this subtitle that is found
to have an unresolved audit finding shall not
be eligible to receive grant funds under this
subtitle during the following 2 fiscal years.
(D) Priority.--In awarding grants under this
subtitle, the Administrator shall give priority
to eligible entities that did not have an
unresolved audit finding during the 3 fiscal
years prior to submitting an application for a
grant under this subtitle.
(E) Reimbursement.--If an entity is awarded
grant funds under this subtitle during the 2-
fiscal-year period in which the entity is
barred from receiving grants under paragraph
(2), the Administrator shall--
(i) deposit an amount equal to the
grant funds that were improperly
awarded to the grantee into the General
Fund of the Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant
recipient that was erroneously awarded
grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this
paragraph, the term ``nonprofit organization''
means an organization that is described in
section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation under
section 501(a) of such Code.
(B) Prohibition.--The Administrator may not
award a grant under any grant program described
in this subtitle to a nonprofit organization
that holds money in offshore accounts for the
purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of
1986.
(C) Disclosure.--Each nonprofit organization
that is awarded a grant under this subtitle and
uses the procedures prescribed in regulations
to create a rebuttable presumption of
reasonableness for the compensation of its
officers, directors, trustees and key
employees, shall disclose to the Administrator,
in the application for the grant, the process
for determining such compensation, including
the independent persons involved in reviewing
and approving such compensation, the
comparability data used, and contemporaneous
substantiation of the deliberation and
decision. Upon request, the Administrator shall
make the information disclosed under this
subparagraph available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under
this subtitle may be used by the Administrator,
or by any individual or organization awarded
discretionary funds through a cooperative
agreement under this Act, to host or support
any expenditure for conferences that uses more
than $20,000 in Department funds, unless the
Deputy Attorney General or such Assistant
Attorney Generals, Directors, or principal
deputies as the Deputy Attorney General may
designate, including the Administrator,
provides prior written authorization through an
award process or subsequent application that
the funds may be expended to host a conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written
estimate of all costs associated with the
conference, including the cost of all food and
beverages, audiovisual equipment, honoraria for
speakers, and any entertainment.
(C) Report.--The Deputy Attorney General
shall submit an annual report to the Committee
on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives on all approved conference
expenditures referenced in this paragraph.
(b) Reporting.--Not later than March 1 of each year, the
Attorney General shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report that--
(1) summarizes the efforts of the Administrator to
monitor and evaluate the regional children's advocacy
program activities under section 213(d);
(2) describes--
(A) the method by which amounts are allocated
to grantees and subgrantees under this
subtitle, including to local children's
advocacy centers, State chapters, and regional
children's advocacy program centers; and
(B) steps the Attorney General has taken to
minimize duplication and overlap in the
awarding of amounts under this subtitle; and
(3) analyzes the extent to which both rural and urban
populations are served under the regional children's
advocacy program.
Sec. 20323. Strengthening of the court-appointed special advocate
program
a) In General.--The Administrator of the Office of Juvenile
Justice and Delinquency Prevention shall make grants to
initiate, sustain, and expand the court-appointed special
advocate program.
(b) Grantee Organizations.--
(1) An organization to which a grant is made pursuant
to subsection (a)--
(A) shall be a national organization that has
broad membership among court-appointed special
advocates and has demonstrated experience in
grant administration of court-appointed special
advocate programs and in providing training and
technical assistance to court-appointed special
advocate program; or
(B) may be a local public or not-for-profit
agency that has demonstrated the willingness to
initiate, sustain, and expand a court-appointed
special advocate program.
(2) An organization described in paragraph (1)(A)
that receives a grant may be authorized to make
subgrants and enter into contracts with public and not-
for-profit agencies to initiate, sustain, and expand
the court-appointed special advocate program. Should a
grant be made to a national organization for this
purpose, the Administrator shall specify an amount not
exceeding 5 percent that can be used for administrative
purposes by the national organization.
(c) Grant Criteria.--
(1) The Administrator shall establish criteria to be
used in evaluating applications for grants under this
section, consistent with sections 299B and 299E of the
Juvenile Justice and Delinquency Prevention Act of 1974
[(42 U.S.C. 5665 et seq.)] (34 U.S.C. 11183, 11186)].
Sec. 20333. Specialized Technical Assistance and Training Programs
(a) Grants to Develop Model Programs.--
(1) The Administrator shall make grants to national
organizations to develop 1 or more model technical
assistance and training programs to improve the
judicial system's handling of child abuse and neglect
cases.
(2) An organization to which a grant is made pursuant
to paragraph (1) shall be one that has broad membership
among juvenile and family court judges and has
demonstrated experience in providing training and
technical assistance for judges, attorneys, child
welfare personnel, and lay child advocates.
(b) Grants to Juvenile and Family Courts.--
(1) In order to improve the judicial system's
handling of child abuse and neglect cases, the
Administrator shall make grants to State courts or
judicial administrators for programs that provide or
contract for, the implementation of--
(A) training and technical assistance to
judicial personnel and attorneys in juvenile
and family courts; and
(B) administrative reform in juvenile and
family courts.
(2) The criteria established for the making of grants
pursuant to paragraph (1) shall give priority to
programs that improve--
(A) procedures for determining whether child
service agencies have made reasonable efforts
to prevent placement of children in foster
care;
(B) procedures for determining whether child
service agencies have, after placement of
children in foster care, made reasonable
efforts to reunite the family; and
(C) procedures for coordinating information
and services among health professionals, social
workers, law enforcement professionals,
prosecutors, defense attorneys, and juvenile
and family court personnel, consistent with
subtitle A.
(c) Grant Criteria.--The Administrator shall make grants
under subsections (a) and (b) consistent with sections 262,
299B, and 299E of the Juvenile Justice and Delinquency
Prevention Act of 1974 [(42 U.S.C. 5665 et seq.)](34 U.S.C.
11183, 11186)].
TITLE 42--THE PUBLIC HEALTH AND WELFARE
* * * * * * *
CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
* * * * * * *
Subchapter 1--General Program
* * * * * * *
Sec. 5106a. Grants to States for Child Abuse or neglect Prevention and
Treatment Programs
(a) Development and Operation Grants.--The Secretary shall
make grants to the States, from allotments made under
subsection (f) for each State that applies for a grant under
this section, for purposes of assisting the States in improving
the child protective services system of each such State in--
(1) the intake, assessment, screening, and
investigation of reports of child abuse or neglect;
(2) (A) creating and improving the use of
multidisciplinary teams and interagency, intra-agency,
interstate, and intrastate protocols to enhance
investigations; and
(B) improving legal preparation and
representation, including--
(i) procedures for appealing and
responding to appeals of substantiated
reports of child abuse or neglect; and
(ii) provisions for the appointment
of an individual appointed to represent
a child in judicial proceedings;
(3) case management, including ongoing case
monitoring, and delivery of services and treatment
provided to children and their families;
(4) enhancing the general child protective system by
developing, improving, and implementing risk and safety
assessment tools and protocols, including the use of
differential response;
(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;
(6) developing, strengthening, and facilitating
training including--
(A) training regarding research-based
strategies, including the use of differential
response, to promote collaboration with the
families;
(B) training regarding the legal duties of
such individuals;
(C) personal safety training for case
workers; and
(D) training in early childhood, child, and
adolescent development;
(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;
(8) developing, facilitating the use of, and
implementing research-based strategies and training
protocols for individuals mandated to report child
abuse and neglect;
(9) 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;
(C) services necessary to facilitate adoptive
placement of any such infants who have been
relinquished for adoption; and
(D) the use of differential response in
preventing child abuse and neglect;
(10) 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, including the use of
differential response;
(11) 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;
(12) 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;
(13) supporting and enhancing interagency
collaboration among public health agencies, agencies in
the child protective service system, and agencies
carrying out private community-based programs--
(A) to provide child abuse and neglect
prevention and treatment services (including
linkages with education systems), and the use
of differential response; and
(B) to address the health needs, including
mental health needs, of children identified as
victims of child abuse or neglect[;], including
supporting prompt, comprehensive health and
developmental evaluations for children who are
the subject of substantiated child maltreatment
reports; or
(14) developing and implementing procedures for
collaboration among child protective services, domestic
violence services, and other agencies in--
(A) investigations, interventions, and the
delivery of services and treatment provided to
children and families, including the use of
differential response, where appropriate; and
(B) the provision of services that assist
children exposed to domestic violence, and that
also support the caregiving role of their
nonabusing parents.
(b) Eligibility Requirements.--
(1) State Plan.--
(A) In general.--To be eligible to receive a
grant under this section, a State shall submit
to the Secretary a State plan that specifies
the areas of the child protective services
system described in subsection (a) that the
State will address with amounts received under
the grant.
(B) Duration of plan.--Each State plan
shall--
(i) remain in effect for the duration
of the State's participation under this
section; and
(ii) be periodically reviewed and
revised as necessary by the State to
reflect changes in the State's
strategies and programs under this
section.
(C) Additional information.--The State shall
provide notice to the Secretary--
(i) of any substantive changes,
including any change to State law or
regulations, 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 in
how funds provided under this section
are used to support activities
described in this section, which may
differ from the activities described in
the current State application.
(2) Contents.--A State plan submitted under paragraph
(1) shall contain a description of the activities that
the State will carry out using amounts received under
the grant to achieve the objectives of this title,
including--
(A) an assurance that the State plan, to the
maximum extent practicable, is coordinated with
the State plan under part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.)
relating to child welfare services and family
preservation and family support services;
(B) an assurance in the form of a
certification by the Governor of the State that
the State has in effect and is enforcing a
State law, or has in effect and is operating a
statewide program, relating to child abuse and
neglect that includes--
(i) provisions or procedures for an
individual to report known and
suspected instances of child abuse and
neglect, including a State law for
mandatory reporting by individuals
required to report such instances;
(ii) policies and procedures
(including appropriate referrals to
child protection service systems and
for other appropriate services) to
address the needs of infants born with
and identified as being affected by
substance abuse or withdrawal symptoms
resulting from prenatal drug exposure,
or a Fetal Alcohol Spectrum Disorder,
including a requirement that health
care providers involved in the delivery
or care of such infants notify the
child protective services system of the
occurrence of such condition in such
infants, except that such notification
shall not be construed to--
(I) establish a definition
under Federal law of what
constitutes child abuse or
neglect; or
(II) require prosecution for
any illegal action;
(iii) the development of a plan of
safe care for the infant born and
identified as being affected by
substance abuse or withdrawal symptoms,
or a Fetal Alcohol Spectrum Disorder to
ensure the safety and well-being of
such infant following release from the
care of health care providers,
including through--
(I) addressing the health and
substance use disorder
treatment needs of the infant
and affected family or
caregiver; and
(II) the development and
implementation by the State of
monitoring systems regarding
the implementation of such
plans to determine whether and
in what manner local entities
are providing, in accordance
with State requirements,
referrals to and delivery of
appropriate services for the
infant and affected family or
caregiver;
(iv) procedures for the immediate
screening, risk and safety assessment,
and prompt investigation of such
reports;
(v) triage procedures, including the
use of differential response, for the
appropriate referral of a child not at
risk of imminent harm to a community
organization or voluntary preventive
service;
(vi) procedures for immediate steps
to be taken to ensure and protect the
safety of a victim of child abuse or
neglect and of any other child under
the same care who may also be in danger
of child abuse or neglect and ensuring
their placement in a safe environment;
[(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;] (vii) provisions for immunity
from civil or criminal liability under
State and local laws and regulations
for individuals making good faith
reports of suspected or known instances
of child abuse or neglect, or who
otherwise provide information or
assistance, including medical
evaluations or consultations, in
connection with a report,
investigation, or legal intervention
pursuant to a good faith report of
child abuse or neglect;
(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, as
described in clause (ix);
(III) child abuse citizen
review panels;
(IV) child fatality review
panels;
(V) a grand jury or court,
upon a finding that information
in the record is necessary for
the determination of an issue
before the court or grand jury;
and
(VI) other entities or
classes of individuals
statutorily authorized by the
State to receive such
information pursuant to a
legitimate State purpose;
(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
child abuse and neglect;
(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;
(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 and neglect;
(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;
(xiii) provisions and procedures
requiring that in every case involving
a victim of child abuse or neglect
which results in a judicial proceeding,
a guardian ad litem, who has received
training appropriate to the role,
including training in early childhood,
child, and adolescent development, and
who may be an attorney or a court
appointed special advocate who has
received training appropriate to that
role (or both), shall be appointed to
represent the child in such
proceedings--
(I) to obtain first-hand, a
clear understanding of the
situation and needs of the
child; and
(II) to make recommendations
to the court concerning the
best interests of the child;
(xiv) the establishment of citizen
review panels in accordance with
subsection (c);
(xv) provisions, procedures, and
mechanisms--
(I) for the expedited
termination of parental rights
in the case of any infant
determined to be abandoned
under State law; and
(II) by which individuals who
disagree with an official
finding of child abuse or
neglect can appeal such
finding;
(xvi) provisions, procedures, and
mechanisms that assure that the State
does not require reunification of a
surviving child with a parent who has
been found by a court of competent
jurisdiction--
(I) to have committed murder
(which would have been an
offense under section 1111(a)
of title 18, United States
Code, if the offense had
occurred in the special
maritime or territorial
jurisdiction of the United
States) of another child of
such parent;
(II) to have committed
voluntary manslaughter (which
would have been an offense
under section 1112(a) of title
18, United States Code, if the
offense had occurred in the
special maritime or territorial
jurisdiction of the United
States) of another child of
such parent;
(III) to have aided or
abetted, attempted, conspired,
or solicited to commit such
murder or voluntary
manslaughter;
(IV) to have committed a
felony assault that results in
the serious bodily injury to
the surviving child or another
child of such parent;
(V) to have committed sexual
abuse against the surviving
child or another child of such
parent; or
(VI) to be required to
register with a sex offender
registry under section 113(a)
of the Adam Walsh Child
Protection and Safety Act of
2006 (42 U.S.C. 16913(a));
(xvii) an assurance that, upon the
implementation by the State of the
provisions, procedures, and mechanisms
under clause (xvi), conviction of any
one of the felonies listed in 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 or
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;
(xxi) provisions and procedures for
referral of a child under the age of 3
who is involved in a substantiated case
of child abuse or neglect to early
intervention services funded under part
C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.);
(xxii) provisions and procedures for
requiring criminal background record
checks that meet the requirements of
section 471(a)(20) of the Social
Security Act (42 U.S.C. 671(a)(20)) for
prospective foster and adoptive parents
and other adult relatives and non-
relatives residing in the household;
(xxiii) provisions for systems of
technology that support the State child
protective service system described in
subsection (a) and track reports of
child abuse and neglect from intake
through final disposition;
(xxiv) provisions and procedures
requiring identification and assessment
of all reports involving children known
or suspected to be victims of sex
trafficking (as defined in section
103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102
(10)); and
(xxv) provisions and procedures for
training child protective services
workers about identifying, assessing,
and providing comprehensive services
for children who are sex trafficking
victims, including efforts to
coordinate with State law enforcement,
juvenile justice, and social service
agencies such as runaway and homeless
youth shelters to serve this
population;
(C) an assurance that the State has in place
procedures for responding to the reporting of
medical neglect (including instances of
withholding of medically indicated treatment
from infants with disabilities who have life-
threatening conditions), procedures or
programs, or both (within the State child
protective services system), to provide for--
(i) coordination and consultation
with individuals designated by and
within appropriate health-care
facilities;
(ii) prompt notification by
individuals designated by and within
appropriate health-care facilities of
cases of suspected medical neglect
(including instances of withholding of
medically indicated treatment from
infants with disabilities who have
life-threatening conditions); and
(iii) authority, under State law, for
the State child protective services
system to pursue any legal remedies,
including the authority to initiate
legal proceedings in a court of
competent jurisdiction, as may be
necessary to prevent the withholding of
medically indicated treatment from
infants with disabilities who have
life-threatening conditions;
(D) a description of--
(i) the services to be provided under
the grant to individuals, families, or
communities, either directly or through
referrals aimed at preventing the
occurrence of child abuse and neglect;
(ii) the training to be provided
under the grant to support direct line
and supervisory personnel in report
taking, screening, assessment, decision
making, and referral for investigating
suspected instances of child abuse and
neglect;
(iii) the training to be provided
under the grant for individuals who are
required to report suspected cases of
child abuse and neglect;
(iv) policies and procedures
encouraging the appropriate involvement
of families in decisionmaking
pertaining to children who experienced
child abuse or neglect;
(v) policies and procedures that
promote and enhance appropriate
collaboration among child protective
service agencies, domestic violence
service agencies, substance abuse
treatment agencies, and other agencies
in investigations, interventions, and
the delivery of services and treatment
provided to children and families
affected by child abuse or neglect,
including children exposed to domestic
violence, where appropriate; and
(vi) policies and procedures
regarding the use of differential
response, as applicable;
(E) an assurance or certification that the
programs or projects relating to child abuse
and neglect carried out under part B of title
IV of the Social Security Act (42 U.S.C. 621 et
seq.) comply with the requirements set forth in
paragraph (1) and this paragraph;
(F) an assurance or certification that
programs and training conducted under this
title address the unique needs of unaccompanied
homeless youth, including access to enrollment
and support services and that such youth are
eligible for under parts B and E of title IV of
the Social Security Act (42 U.S.C. 621 et seq.,
670 et seq.) and meet the requirements of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.); and
(G) an assurance that the State, in
developing the State plan described in
paragraph (1), has collaborated with community-
based prevention agencies and with families
affected by child abuse or neglect.
Nothing in subparagraph (B) 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, except that such policies shall, at a
minimum, ensure the safety and well-being of
the child, parents, and families.
(3) Limitation.--With regard to clauses (vi) and
(vii) of paragraph (2)(B), 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.
(4) Definitions.--For purposes of this subsection--
(A) the term ``near fatality'' means an act
that, as certified by a physician, places the
child in serious or critical condition; and
(B) the term ``serious bodily injury'' means
bodily injury which involves substantial risk
of death, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or
impairment of the function of a bodily member,
organ, or mental faculty.
(c) Citizen Review Panels.--
(1) Establishment.--
(A) In general.--Except as provided in
subparagraph (B), each State to which a grant
is made under this section shall establish not
less than 3 citizen review panels.
(B) Exceptions.--
(i) Establishment of panels by states
receiving minimum allotment.--A State
that receives the minimum allotment of
$175,000 under section 203(b)(1)(A) for
a fiscal year shall establish not less
than 1 citizen review panel.
(ii) Designation of existing
entities.--A State may designate as
panels for purposes of this subsection
one or more existing entities
established under State or Federal law,
such as child fatality panels or foster
care review panels, if such entities
have the capacity to satisfy the
requirements of paragraph (4) and the
State ensures that such entities will
satisfy such requirements.
(2) Membership.--Each panel established pursuant to
paragraph (1) shall be composed of volunteer members
who are broadly representative of the community in
which such panel is established, including members who
have expertise in the prevention and treatment of child
abuse and neglect, and may include adult former victims
of child abuse or neglect.
(3) Meetings.--Each panel established pursuant to
paragraph (1) shall meet not less than once every 3
months.
(4) Functions.--
(A) In general.--Each panel established
pursuant to paragraph (1) shall, by examining
the policies, procedures, and practices of
State and local agencies and where appropriate,
specific cases, evaluate the extent to which
State and local child protection system
agencies are effectively discharging their
child protection responsibilities in accordance
with--
(i) the State plan under subsection
(b);
(ii) the child protection standards
set forth in subsection (b); and
(iii) any other criteria that the
panel considers important to ensure the
protection of children, including--
(I) a review of the extent to
which the State and local child
protective services system is
coordinated with the foster
care and adoption programs
established under part E of
title IV of the Social Security
Act (42 U.S.C. 670 et seq.);
and
(II) a review of child
fatalities and near fatalities
(as defined in subsection
(b)(4)).
(B) Confidentiality.--
(i) In general.--The members and
staff of a panel established under
paragraph (1)--
(I) shall not disclose to any
person or government official
any identifying information
about any specific child
protection case with respect to
which the panel is provided
information; and
(II) shall not make public
other information unless
authorized by State statute.
(ii) Civil sanctions.--Each State
that establishes a panel pursuant to
paragraph (1) shall establish civil
sanctions for a violation of clause
(i).
(C) Public outreach.--Each panel shall
provide for public outreach and comment in
order to assess the impact of current
procedures and practices upon children and
families in the community and in order to meet
its obligations under subparagraph (A).
(5) State assistance.--Each State that establishes a
panel pursuant to paragraph (1)--
(A) shall provide the panel access to
information on cases that the panel desires to
review if such information is necessary for the
panel to carry out its functions under
paragraph (4); and
(B) shall provide the panel, upon its
request, staff assistance for the performance
of the duties of the panel.
(6) Reports.--Each panel established under paragraph
(1) shall prepare and make available to the 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 State
and local child protection systems and 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) Annual State data reports.--Each State to which a grant
is made under this section shall annually work with the
Secretary to provide, to the maximum extent practicable, a
report that includes the following:
(1) The number of children who were reported to the
State during the year as victims of child abuse or
neglect.
(2) Of the number of children described in paragraph
(1), the number with respect to whom such reports
were--
(A) substantiated;
(B) unsubstantiated; or
(C) determined to be false.
(3) Of the number of children described in paragraph
(2)--
(A) the number that did not receive services
during the year under the State program funded
under this section or an equivalent State
program;
(B) the number that received services during
the year under the State program funded under
this section or an equivalent State program;
and
(C) the number that were removed from their
families during the year by disposition of the
case.
(4) The number of families that received preventive
services, including use of differential response, from
the State during the year.
(5) The number of deaths in the State during the year
resulting from child abuse or neglect.
(6) Of the number of children described in paragraph
(5), the number of such children who were in foster
care.
(7) (A) The number of child protective service
personnel responsible for the--
(i) intake of reports filed in the
previous year;
(ii) screening of such reports;
(iii) assessment of such reports; and
(iv) investigation of such reports.
(B) The average caseload for the workers
described in subparagraph (A).
(8) The agency response time with respect to each
such report with respect to initial investigation of
reports of child abuse or neglect.
(9) The response time with respect to the provision
of services to families and children where an
allegation of child abuse or neglect has been made.
(10) For child protective service personnel
responsible for intake, screening, assessment, and
investigation of child abuse and neglect reports in the
State-
(A) information on the education,
qualifications, and training requirements
established by the State for child protective
service professionals, including for entry and
advancement in the profession, including
advancement to supervisory positions;
(B) data on the education, qualifications,
and training of such personnel;
(C) demographic information of the child
protective service personnel; and
(D) information on caseload or workload
requirements for such personnel, including
requirements for average number and maximum
number of cases per child protective service
worker and supervisor.
(11) The number of children reunited with their
families or receiving family preservation services
that, within five years, result in subsequent
substantiated reports of child abuse or neglect,
including the death of the child.
(12) The number of children for whom individuals were
appointed by the court to represent the best interests
of such children and the average number of out of court
contacts between such individuals and children.
(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 system.
(15) The number of children referred to a child
protective services system under subsection
(b)(2)(B)(ii).
(16) The number of children determined to be eligible
for referral, and the number of children referred,
under subsection (b)(2)(B)(xxi), to agencies providing
early intervention services under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.).
(17) The number of children determined to be victims
described in subsection (b)(2)(B)(xxiv).
[18](17) The number of infants--
(A) identified under subsection
(b)(2)(B)(ii);
(B) for whom a plan of safe care was
developed under subsection (b)(2)(B)(iii); and
(C) for whom a referral was made for
appropriate services, including services for
the affected family or caregiver, under
subsection (b)(2)(B)(iii).
(e) Annual Report by the Secretary.--Within 6 months after
receiving the State reports under subsection (d), the Secretary
shall prepare a report based on information provided by the
States for the fiscal year under such subsection and shall make
the report and such information available to the Congress and
the national clearinghouse for information relating to child
abuse and neglect.
(f) Allotments.--
(1) Definitions.--In this subsection:
(A) Fiscal year 2009 grant funds.--The term
``fiscal year 2009 grant funds''' means the
amount appropriated under section 112 for
fiscal year 2009, and not reserved under
section 112(a)(2).
(B) Grant funds.--The term ``grant funds''
means the amount appropriated under section 112
for a fiscal year and not reserved under
section 112(a)(2).
(C) State.--The term ``State'' means each of
the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(D) Territory.--The term ``territory'' means
Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands.
(2) In general.--Except as otherwise provided in this
section, the Secretary shall make allotments to each
State and territory that applies for a grant under this
section in an amount equal to the sum of--
(A) $ 50,000; and
(B) an amount that bears the same
relationship to any grant funds remaining after
all such States and territories have received $
50,000, as the number of children under the age
of 18 in the State or territory bears to the
number of such children in all States and
territories that apply for such a grant.
(3) Allotments for decreased appropriation years.--In
the case where the grant funds for a fiscal year are
less than the fiscal year 2009 grant funds, the
Secretary shall ratably reduce each of the allotments
under paragraph (2) for such fiscal year.
(4) Allotments for increased appropriation years.--
(A) Minimum allotments to states for
increased appropriations years.--In any fiscal
year for which the grant funds exceed the
fiscal year 2009 grant funds by more than $
1,000,000, the Secretary shall adjust the
allotments under paragraph (2), as necessary,
such that no State that applies for a grant
under this section receives an allotment in an
amount that is less than--
(i) $100,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by more than $
1,000,000 but less than $ 2,000,000;
(ii) $125,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by at least $
2,000,000 but less than $ 3,000,000;
and
(iii) $150,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by at least $
3,000,000.
(B) Allotment adjustment.--In the case of a
fiscal year for which subparagraph (A) applies
and the grant funds are insufficient to satisfy
the requirements of such subparagraph (A),
paragraph (2), and paragraph (5), the Secretary
shall, subject to paragraph (5), ratably reduce
the allotment of each State for which the
allotment under paragraph (2) is an amount that
exceeds the applicable minimum under
subparagraph (A), as necessary to ensure that
each State receives the applicable minimum
allotment under subparagraph (A).
(5) Hold harmless.--Notwithstanding paragraphs (2)
and (4), except as provided in paragraph (3), no State
or territory shall receive a grant under this section
in an amount that is less than the amount such State or
territory received under this section for fiscal year
2009.
SEC. 3. IMMUNITY PROTECTIONS FOR REPORTERS OF CHILD ABUSE.
* * * * * * *
(b) Federal Immunity.--
(1) In general.--Notwithstanding any other provision
of law, any individual making a good faith report to
appropriate authorities of a suspected or known
instance of child abuse or neglect, or who otherwise,
in good faith, provides information or assistance,
including medical evaluations or consultations, in
connection with a report, investigation, or legal
intervention pursuant to a good faith report of child
abuse or neglect shall not be subject to civil
liability or criminal prosecution, under any Federal
law, rising from making such report or providing such
information or assistance.
(2) Presumption of good faith.--In a Federal civil
action or criminal prosecution brought against a person
based on the person's reporting a suspected or known
instance of child abuse or neglect, or providing
information or assistance with respect to such a
report, as described in paragraph (1), there shall be a
presumption that the person acted in good faith.
(3) Costs.--If the defendant prevails in a Federal
civil action described in paragraph (2), the court may
award costs and reasonable attorney's fees incurred by
the defendant.
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