[House Report 116-74]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-74
======================================================================
STRONGER CHILD ABUSE PREVENTION AND TREATMENT ACT
_______
May 20, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Scott of Virginia, from the Committee on Education and Labor,
submitted the following
R E P O R T
[To accompany H.R. 2480]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 2480) to reauthorize the Child Abuse Prevention
and Treatment Act, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 27
Committee Action................................................. 28
Committee Views.................................................. 31
Section-by-Section Analysis...................................... 41
Explanation of Amendments........................................ 47
Application of Law to the Legislative Branch.....................
Unfunded Mandate Statement....................................... 47
Earmark Statement................................................ 47
Roll Call Votes.................................................. 47
Statement of Performance Goals and Objectives.................... 47
Duplication of Federal Programs.................................. 47
Hearings......................................................... 47
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 48
New Budget Authority and CBO Cost Estimate....................... 48
Committee Cost Estimate.......................................... 50
Changes in Existing Law Made by the Bill, as Reported............ 50
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stronger Child Abuse Prevention and
Treatment Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROGRAM
Sec. 101. Repeal of findings.
Sec. 102. Repeal of 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 States, Indian Tribes or tribal organizations, and
public or private agencies and organizations.
Sec. 106. Grants to States for child abuse or neglect prevention and
treatment programs.
Sec. 107. Miscellaneous requirements.
Sec. 108. Reports.
Sec. 109. Authorization of appropriations.
Sec. 110. Electronic interstate data exchange system.
Sec. 111. Technical and conforming amendments.
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. Application.
Sec. 205. Local program requirements.
Sec. 206. Performance measures.
Sec. 207. National network for community-based family resource
programs.
Sec. 208. Definitions.
Sec. 209. Rule of construction.
Sec. 210. Authorization of appropriations.
Sec. 211. Study and report.
TITLE III--ADOPTION OPPORTUNITIES
Sec. 301. Purpose.
Sec. 302. Report and guidance on unregulated custody transfers.
Sec. 303. Information and services.
Sec. 304. Study and report on successful adoptions.
Sec. 305. Authorization of appropriations.
TITLE I--GENERAL PROGRAM
SEC. 101. REPEAL OF FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 note) is repealed.
SEC. 102. REPEAL OF ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
Section 102 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5102) is repealed.
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
Section 103 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104) is amended--
(1) in subsection (b)(1), by inserting ``early learning
programs and'' after ``including'';
(2) in subsection (c)(1)(C)--
(A) in clause (iii), by striking ``and'' at the end;
(B) in clause (iv), by adding ``and'' at the end; and
(C) by adding at the end the following:
``(v) the number of child fatalities and near
fatalities due to maltreatment, as reported by
States in accordance with the uniform standards
established pursuant to subsection (d), and any
other relevant information related to such
fatalities;''; and
(3) by adding at the end the following:
``(d) Uniform Standards for Tracking and Reporting of Child
Fatalities Resulting From Maltreatment.--
``(1) Regulations required.--Not later than 24 months after
the date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act, the Secretary shall develop and
issue final regulations establishing uniform standards for the
tracking and reporting of child fatalities and near-fatalities
resulting from maltreatment. As a condition on eligibility for
receipt of funds under section 106, the standards established
under this paragraph shall be used by States for the tracking
and reporting of such fatalities under subsection (d) of such
section.
``(2) Maintenance of state law.--Notwithstanding the uniform
standards developed under paragraph (1), a State that defines
or describes such fatalities for any purpose other than
tracking and reporting under this subsection may continue to
use that definition or description for such purpose.
``(3) Negotiated rulemaking.--In developing regulations under
paragraph (1), the Secretary shall submit such regulations to a
negotiated rulemaking process, which shall include the
participants described in paragraph (4).
``(4) Participants described.--The participants described in
this paragraph are--
``(A) State and county officials responsible for
administering the State plans under this Act and parts
B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 670 et seq.);
``(B) child welfare professionals with field
experience;
``(C) child welfare researchers;
``(D) domestic violence researchers;
``(E) domestic violence professionals;
``(F) child development professionals;
``(G) mental health professionals;
``(H) pediatric emergency medicine physicians;
``(I) child abuse pediatricians, as certified by the
American Board of Pediatrics, who specialize in
treating victims of child abuse;
``(J) forensic pathologists;
``(K) public health administrators;
``(L) public health researchers;
``(M) law enforcement;
``(N) family court judges;
``(O) prosecutors;
``(P) medical examiners and coroners;
``(Q) a representative from the National Center for
Fatality Review and Prevention; and
``(R) such other individuals and entities as the
Secretary determines to be appropriate.''.
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
Section 104 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5105) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(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 improve primary prevention of child abuse
and neglect, better protect children from child abuse or
neglect, and improve the well-being of victims of child abuse
or neglect, with at least a portion of such research being
field initiated. Such research program may focus on--
``(A) disseminating evidence-based treatment directed
to individuals and families experiencing trauma due to
child abuse and neglect, including efforts to improve
the scalability of the treatments and programs being
researched;
``(B) developing a set of evidence-based approaches
to support child and family well-being and developing
ways to identify, relieve, and mitigate stressors
affecting families in rural, urban, and suburban
communities;
``(C) establishing methods to promote racial equity
in the child welfare system, including a focus on how
neglect is defined, how services are provided, and the
unique impact on Native American, Alaska Native, and
Native Hawaiian communities;
``(D) improving service delivery or outcomes for
child welfare service agencies engaged with families
experiencing domestic violence, substance use disorder,
or other complex needs;
``(E) the extent to which the number of
unsubstantiated, unfounded, and false reported cases of
child abuse or neglect have contributed to the
inability of a State to respond effectively to serious
cases of child abuse or neglect;
``(F) the extent to which the lack of adequate
resources and the lack of adequate professional
development of individuals required by law to report
suspected cases of child abuse and neglect have
contributed to the inability of a State to respond
effectively to serious cases of child abuse and
neglect;
``(G) the extent to which unsubstantiated reports
return as more serious cases of child abuse or neglect;
``(H) the incidence and outcomes of child abuse and
neglect allegations reported within the context of
divorce, custody, or other family court proceedings,
and the interaction between family courts and the child
protective services system;
``(I) the information on the national incidence of
child abuse and neglect specified in clauses (i)
through (xi) of subparagraph (J); and
``(J) the national incidence of child abuse and
neglect, including--
``(i) the extent to which incidents of child
abuse and neglect are increasing or decreasing
in number and severity;
``(ii) the incidence of substantiated and
unsubstantiated reported child abuse and
neglect cases;
``(iii) the number of substantiated cases
that result in a judicial finding of child
abuse or neglect or related criminal court
convictions;
``(iv) the extent to which the number of
unsubstantiated, unfounded and false reported
cases of child abuse or neglect have
contributed to the inability of a State to
respond effectively to serious cases of child
abuse or neglect;
``(v) the extent to which the lack of
adequate resources and the lack of adequate
education of individuals required by law to
report suspected cases of child abuse and
neglect have contributed to the inability of a
State to respond effectively to serious cases
of child abuse and neglect;
``(vi) the number of unsubstantiated, false,
or unfounded reports that have resulted in a
child being placed in substitute care, and the
duration of such placement;
``(vii) the extent to which unsubstantiated
reports return as more serious cases of child
abuse or neglect;
``(viii) the incidence and prevalence of
physical, sexual, and emotional abuse and
physical and emotional neglect in substitute
care;
``(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;
``(x) the extent to which reports of
suspected or known instances of child abuse or
neglect involving a potential combination of
jurisdictions, such as intrastate, interstate,
Federal-State, and State-Tribal, are being
screened out solely on the basis of the cross-
jurisdictional complications; and
``(xi) the incidence and outcomes of child
abuse and neglect allegations reported within
the context of divorce, custody, or other
family court proceedings, and the interaction
between family courts and the child protective
services system.'';
(B) in paragraph (2), by striking ``paragraph
(1)(O)'' and inserting ``paragraph (1)(J)'';
(C) by amending paragraph (3) to read as follows:
``(3) Reporting requirements.--
``(A) In general.--Not later than 4 years after the
date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act, the Secretary shall
prepare and submit to the Committee on Education and
Labor of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate
a report that contains the results of the research
conducted under paragraph (2).
``(B) National incidence.--The Secretary shall ensure
that research conducted, and data collected, under
paragraph (1)(J) are reported in a way that will allow
longitudinal comparisons as well as comparisons to the
national incidence studies conducted under this
title.''; and
(D) by striking the second paragraph (4);
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Areas of emphasis.--Such technical assistance--
``(A) shall focus on--
``(i) implementing strategies that can
leverage existing community-based and State
funded resources to prevent child abuse and
neglect and providing education for individuals
involved in prevention activities;
``(ii) reducing racial bias in child welfare
systems, including how such systems interact
with health, law enforcement, and education
systems;
``(iii) promoting best practices for families
experiencing domestic violence, substance use
disorder, or other complex needs; and
``(iv) providing professional development and
other technical assistance to child welfare
agencies to improve the understanding of and to
help address the effects of trauma and adverse
childhood experiences in parents and children
in contact with the child welfare system; and
``(B) may include the identification of--
``(i) various methods and procedures for the
investigation, assessment, and prosecution of
child physical and sexual abuse cases;
``(ii) ways to mitigate psychological trauma
to the child victim;
``(iii) effective programs carried out by the
States under titles I and II; and
``(iv) effective approaches being utilized to
link child protective service agencies with
health care, mental health care, and
developmental services and early intervention
to improve forensic diagnosis and health
evaluations, and barriers and shortages to such
linkages.'';
(3) in subsection (c), by striking paragraph (3); and
(4) by striking subsection (e).
SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND
PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS.
Section 105 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph (11);
(B) by striking paragraphs (1) through (6) and
inserting the following:
``(1) Prevention services.--The Secretary may award grants
under this subsection to entities to establish or expand
prevention services that reduce incidences of child
maltreatment and strengthen families.
``(2) Traumatic stress.--The Secretary may award grants under
this subsection to entities to address instances of traumatic
stress in families due to child abuse and neglect, especially
for families with complex needs or families that exhibit high
levels of adverse childhood experiences.
``(3) Promoting a high-quality workforce.--The Secretary may
award grants under this subsection to entities to carry out
programs or strategies that promote a high-quality workforce in
the child welfare system through---
``(A) improvements to recruitment, support, or
retention efforts; or
``(B) education for professionals and
paraprofessionals in the prevention, identification,
and treatment of child abuse and neglect.
``(4) Improving coordination.--The Secretary may award grants
under this subsection to entities to carry out activities to
improve intrastate coordination within the child welfare
system. Such activities may include--
``(A) aligning information technology systems;
``(B) improving information sharing regarding child
and family referrals; or
``(C) creating collaborative voluntary partnerships
among public and private agencies, the State's child
protective services, local social service agencies,
community-based family support programs, State and
local legal agencies, developmental disability
agencies, substance use disorder treatment providers,
health care providers and agencies, domestic violence
prevention programs, mental health services, schools
and early learning providers, religious entities, and
other community-based programs.
``(5) Primary prevention.--The Secretary may award grants
under this subsection to entities to carry out or expand
primary prevention programs or strategies that address family
or community protective factors.
``(6) Neglect due to economic insecurity.--The Secretary may
award grants under this subsection to entities to carry out
programs or strategies that reduce findings of child neglect
due in full or in part to family economic insecurity.
``(7) Education of mandatory reporters.--The Secretary may
award grants under this subsection to entities for projects
that involve research-based strategies for innovative education
of mandated child abuse and neglect reporters, and for victims
to understand mandatory reporting.
``(8) Sentinel injuries.--The Secretary may award grants
under this subsection to entities to identify and test
effective practices to improve early detection and management
of injuries indicative of potential abuse in infants to prevent
future cases of child abuse and related fatalities.
``(9) Innovative partnerships.--The Secretary may award
grants under this subsection to entities to carry out
innovative programs or strategies to coordinate the delivery of
services to help reduce child abuse and neglect via
partnerships among health, mental health, education (including
early learning and care programs as appropriate), and child
welfare agencies and providers.
``(10) Reducing child abuse and neglect due to the substance
use disorder of a parent or caregiver.--The Secretary may award
grants under this subsection to entities to carry out
activities to reduce child abuse and neglect due to the
substance use disorder of a parent or caregiver.''; and
(C) by adding at the end the following:
``(12) National child abuse hotline.--
``(A) In general.--The Secretary may award a grant
under this subsection to a nonprofit entity to provide
for the ongoing operation of a 24-hour, national, toll-
free telephone hotline to provide information and
assistance to youth victims of child abuse or neglect,
parents, caregivers, mandated reporters, and other
concerned community members, including through
alternative modalities for communications (such as
texting or chat services) with such victims and other
information seekers.
``(B) Priority.--In awarding grants described in this
paragraph, the Secretary shall give priority to
applicants with experience in operating a hotline that
provides assistance to victims of child abuse, parents,
caregivers, and mandated reporters.
``(C) Application.--To be eligible to receive a grant
described in this paragraph, a nonprofit entity shall
submit an application to the Secretary that shall--
``(i) contain such assurances and
information, be in such form, and be submitted
in such manner, as the Secretary shall
prescribe;
``(ii) include a complete description of the
entity's plan for the operation of a national
child abuse hotline, including descriptions
of--
``(I) the professional development
program for hotline personnel,
including technology professional
development to ensure that all persons
affiliated with the hotline are able to
effectively operate any technological
systems used by the hotline;
``(II) the qualifications for hotline
personnel;
``(III) the methods for the creation,
maintenance, and updating of a
comprehensive list of prevention and
treatment service providers;
``(IV) a plan for publicizing the
availability of the hotline throughout
the United States;
``(V) a plan for providing service to
non-English speaking callers, including
service through hotline personnel who
have non-English language capability;
``(VI) a plan for facilitating access
to the hotline and alternative modality
services by persons with hearing
impairments and disabilities;
``(VII) a plan for providing crisis
counseling, general assistance, and
referrals to youth victims of child
abuse; and
``(VIII) a plan to offer alternative
services to calling, such as texting or
live chat;
``(iii) demonstrate that the entity has the
capacity and the expertise to maintain a child
abuse hotline and a comprehensive list of
service providers;
``(iv) demonstrate the ability to provide
information and referrals for contacts,
directly connect contacts to service providers,
and employ crisis interventions;
``(v) demonstrate that the entity has a
commitment to providing services to individuals
in need; and
``(vi) demonstrate that the entity complies
with State privacy laws and has established
quality assurance practices.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Goals and Performance.--The Secretary shall ensure that each
entity receiving a grant under this section--
``(1) establishes quantifiable goals for the outcome of the
project funded with the grant; and
``(2) adequately measures the performance of the project
relative to such goals.
``(c) Performance Report Required.--
``(1) In general.--Each entity that receives a grant under
this section shall submit to the Secretary a performance report
that includes--
``(A) an evaluation of the effectiveness of the
project funded with the grant relative to the goals
established for such project under subsection (b)(1);
and
``(B) data supporting such evaluation.
``(2) Submission.--The report under paragraph (1) shall be
submitted to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(d) Continuing Grants.--The Secretary may only award a continuing
grant to an entity under this section if such entity submits a
performance report required under subsection (c) that demonstrates
effectiveness of the project funded.''.
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Subsection (a) of section 106
of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is
amended to read as follows:
``(a) Development and Operation Grants.--The Secretary shall make
grants to the States, from allotments under subsection (f) for each
State that applies for a grant under this section, for purposes of
assisting the States in improving and implementing a child protective
services system that is family-centered, integrates community services,
and is capable of providing rapid response to high-risk cases, by
carrying out the following:
``(1) Conducting the intake, assessment, screening, and
investigation of reports of child abuse or neglect.
``(2) Ensuring that reports concerning a child's living
arrangements or subsistence needs are addressed through
services or benefits and that no child is separated from such
child's parent for reasons of poverty.
``(3) Creating and improving the use of multidisciplinary
teams and interagency, intra-agency, interstate, and intrastate
protocols to enhance fair investigations; and improving legal
preparation and representation.
``(4) Complying with the assurances in section 106(b)(2).
``(5) Establishing State and local networks of child and
family service providers that support child and family well-
being, which shall--
``(A) include child protective services, as well as
agencies and service providers, that address family-
strengthening, parenting skills, child development,
early childhood care and learning, child advocacy,
public health, mental health, substance use disorder
treatment, domestic violence, developmental
disabilities, housing, juvenile justice, elementary and
secondary education, and child placement; and
``(B) address instances of child abuse and neglect by
incorporating evaluations that assess the development
of a child, including language and communication,
cognitive, physical, and social and emotional
development, the need for mental health services,
including trauma-related services, trauma-informed
care, and parental needs.
``(6) Ensuring child protective services is addressing the
safety of children and responding to parent and family needs,
which shall include--
``(A) family-oriented efforts that emphasize case
assessment and follow up casework focused on child
safety and child and parent well-being, which may
include--
``(i) ensuring parents and children undergo
physical and mental health assessments, as
appropriate, and ongoing developmental
monitoring;
``(ii) multidisciplinary approaches to
assessing family needs and connecting the
family with services, including prevention
services under section 471 of the Social
Security Act (42 U.S.C. 671);
``(iii) organizing a treatment team with the
goal of preventing child abuse and neglect, and
improving parent and child well-being;
``(iv) case monitoring that supports child
well-being; and
``(v) differential response efforts; and
``(B) establishing and maintaining a rapid response
system that responds promptly to all reports of child
abuse or neglect, with special attention to cases
involving children under 3 years of age.
``(7) Educating caseworkers, community service providers,
attorneys, health care professionals, parents, and others
engaged in the prevention, intervention, and treatment of child
abuse and neglect, which shall include education on--
``(A) practices that help ensure child safety and
well-being;
``(B) approaches to family-oriented prevention,
intervention, and treatment of child abuse and neglect;
``(C) early childhood, child, and adolescent
development, and the impact of adverse childhood
experiences on such development;
``(D) the relationship between child abuse and
domestic violence, and support for non-abusing parents;
``(E) strategies to work with families impacted by
substance use disorder and mental health issues (and,
when appropriate, be coordinated with prevention
efforts funded under section 471 of the Social Security
Act (42 U.S.C. 671));
``(F) effective use of multiple services to address
family and child needs, including needs resulting from
trauma;
``(G) efforts to improve family and child well-being;
``(H) support for child welfare workers affected by
secondary trauma; and
``(I) supporting families and caregivers to combat
and prevent unsubstantiated, unfounded, or false
reports, including through education on the rights of
families and caregivers.
``(8) Creating or improving data systems that allow for--
``(A) the identification of cases requiring prompt
responses;
``(B) real-time case monitoring that tracks
assessments, service referrals, follow-up, case
reviews, and progress toward parent and child goals;
and
``(C) sharing basic identifying data with law
enforcement, as necessary.
``(9) Improving the general child protective system by
developing, improving, and implementing safety assessment
tools, providing that such tools, protocols, and systems shall
not authorize the separation of any child from the legal parent
or guardian of such child solely on the basis of poverty, or
without a judicial order, except in the case of imminent
harm.''.
(b) Eligibility Requirements.--
(1) State plan.--Paragraph (1) of section 106(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended to read as follows:
``(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--
``(i) specifies how the grant will be used,
and the State's strategic plan, to treat child
abuse and neglect and enhance community-based,
prevention-centered approaches that attempt to
prevent child abuse and neglect while
strengthening and supporting families whenever
possible; and
``(ii) meets the requirements of this
subsection.
``(B) Coordination and consultation.--
``(i) Coordination.--Each State, to the
maximum extent practicable, shall coordinate
its State plan under this subsection with its
State plan under part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.)
relating to child and family services and, in
States electing to provide services under part
E of title IV of the Social Security Act (42
U.S.C. 670 et seq.) relating to foster care
prevention services, its State plan under such
part E.
``(ii) Consultation.--In developing a State
plan under this subsection, a State shall
consult with community-based prevention and
service agencies, parents and families affected
by child abuse or neglect in the State, law
enforcement, family court judges, prosecutors
who handle criminal child abuse cases, and
medical professionals engaged in the treatment
of child abuse and neglect.
``(C) Duration and submission of plan.--Each State
plan shall--
``(i) be submitted not less than every 5
years; and
``(ii) if necessary, revised by the State to
inform the Secretary of any substantive
changes, including--
``(I) any changes 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; or
``(II) any changes in the State's
activities, strategies, or programs
under this section.''.
(2) Contents.--Paragraph (2) of section 106(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is
amended to read as follows:
``(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 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) procedures for the immediate
screening, risk and safety assessment, and
prompt investigation of such reports of alleged
abuse and neglect in order to ensure the well-
being and safety of children;
``(iii) 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;
``(iv) 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
(xi) of this subparagraph;
``(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;
``(v) 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 education appropriate to the role,
including education in early childhood, child,
and adolescent development, and domestic
violence, and who may be an attorney or a court
appointed special advocate who has received
education appropriate to that role (or both),
shall be appointed to represent the child (who,
for purposes of this section, shall have any
age limit elected by the State pursuant to
section 475(8)(B)(iii) of the Social Security
Act (42 U.S.C. 675(8)(B)(iii)) in such
proceedings--
``(I) to obtain first-hand, a clear
understanding of the situation and
needs of such child; and
``(II) to make recommendations to the
court concerning the best interests of
such child;
``(vi) the establishment of citizen review
panels in accordance with subsection (c);
``(vii) 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;
``(viii) 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;
``(ix) provisions addressing the professional
development 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 (including
providing such education in different languages
if necessary), in order to protect the legal
rights and safety of children and their parents
and caregivers from the initial time of contact
during investigation through treatment;
``(x) 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;
``(xi) provisions to require the 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;
``(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 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;
``(xiv) provisions for systems of technology
that support the State child protective
services system and track reports of child
abuse and neglect from intake through final
disposition;
``(xv) 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(12) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102 (12));
``(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)); and
``(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);
``(B) 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;
``(C) an assurance or certification that programs and
education 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.);
``(D) a description of--
``(i) policies and procedures (including
appropriate referrals to child welfare service
systems and for other appropriate services
(including home visiting services and mutual
support and parent partner programs)) to
address the needs of infants born with and
identified as being affected by substance use
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 welfare
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;
``(ii) the development of a plan of safe care
for the infant born and identified as being
affected by substance use 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;
``(iii) policies and procedures to make
available to the public on the State website
the data, findings, and information about all
cases of child abuse or neglect resulting in a
child fatality or near fatality, including a
description of--
``(I) how the State will not create
an exception to such public disclosure,
except in a case in which--
``(aa) the State would like
to delay public release of
case-specific findings or
information (including any
previous reports of domestic
violence and subsequent actions
taken to assess and address
such reports) while a criminal
investigation or prosecution of
such a fatality or near
fatality is pending;
``(bb) the State is
protecting the identity of a
reporter of child abuse or
neglect; or
``(cc) the State is
withholding identifying
information of members of the
victim's family who are not
perpetrators of the fatality or
near fatality; and
``(II) how the State will ensure that
in providing the public disclosure
required under this clause, the State
will include--
``(aa) the cause and
circumstances of the fatality
or near fatality;
``(bb) the age and gender of
the child; and
``(cc) any previous reports
of child abuse or neglect
investigations that are
relevant to the child abuse or
neglect that led to the
fatality or near fatality;
``(iv) how the State will use data collected
on child abuse or neglect to prevent child
fatalities and near fatalities;
``(v) how the State will implement efforts to
prevent child fatalities and near fatalities;
``(vi) 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;
``(vii) the steps the State will take to
improve the professional development,
retention, and supervision of caseworkers and
how the State will measure the effectiveness of
such efforts;
``(viii) the State's plan to ensure each
child under the age of 3 who is involved in a
substantiated case of child abuse or neglect
will be referred to the State's child find
system under section 635(a)(5) of the
Individuals with Disabilities Education Act (20
U.S.C. 1435(a)(5)) in order to determine if the
child is an infant or toddler with a disability
(as defined in section 632(5) of such Act (20
U.S.C. 1432(5)));
``(ix) the State's plan to improve, as part
of a comprehensive State strategy led by law
enforcement, professional development for child
protective services workers and their
appropriate role in identifying, assessing, and
providing comprehensive services for children
who are sex trafficking victims, in
coordination with law enforcement, juvenile
justice agencies, runaway and homeless youth
shelters, and health, mental health, and other
social service agencies and providers;
``(x) 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;
``(xi) the State's efforts to ensure
professionals who are required to report
suspected cases of child abuse and neglect are
aware of their responsibilities under
subparagraph (A)(i) and receive professional
development relating to performing such
responsibilities that is specific to their
profession and workplace;
``(xii) policies and procedures encouraging
the appropriate involvement of families in
decisionmaking pertaining to children who
experienced child abuse or neglect;
``(xiii) the State's efforts to improve
appropriate collaboration among child
protective services agencies, domestic violence
services agencies, substance use disorder
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;
``(xiv) policies and procedures regarding the
use of differential response, as applicable, to
improve outcomes for children; and
``(xv) the State's efforts to reduce racial
bias in its child protective services
system.''.
(3) Limitations.--Paragraph (3) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended--
(A) in the paragraph heading, by striking
``Limitation'' and inserting ``Limitations'';
(B) by striking ``With regard to clauses (vi) and
(vii) of paragraph (2)(B),'' and inserting the
following:
``(A) Disclosure of certain identifying
information.--With regard to subparagraphs (A)(iv) and
(D)(iii) of paragraph (2),'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(B) Public access to court proceedings.--Nothing in
paragraph (2) 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.''.
(4) Definitions.--Paragraph (4) of section 106(b) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b))
is amended--
(A) in the paragraph heading, by striking
``Definitions'' and inserting ``Definition'';
(B) by striking ``this subsection'' and all that
follows through ``means an act'' and inserting the
following: ``this subsection, the term `near fatality'
means an act'';
(C) by striking ``; and'' and inserting a period; and
(D) by striking subparagraph (B).
(c) Citizen Review Panels.--Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (1)(B), by striking ``Exceptions.'' and all
that follows through ``A State may'' and inserting
``Exception.--A State may'';
(2) in paragraph (4)(A)--
(A) in the matter preceding clause (i), by striking
``and where appropriate, specific cases,''; and
(B) in clause (iii)(I), by striking ``foster care and
adoption programs'' and inserting ``foster care,
prevention, and permanency programs''; and
(3) by amending the first sentence of paragraph (6) to read
as follows: ``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, the criteria used for determining which
activities the panel engaged in, and recommendations or
observations to improve the child protective services system at
the State and local levels, and the data upon which these
recommendations or observations are based.''.
(d) Annual State Data Reports.--Section 106(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended--
(1) by amending paragraph (13) to read as follows:
``(13) The annual report containing the summary of the
activities and recommendations of the citizen review panels of
the State required by subsection (c)(6), and the actions taken
by the State as a result of such recommendations.'';
(2) in paragraph (15), by striking ``subsection
(b)(2)(B)(ii)'' and inserting ``subsection (b)(2)(D)(i)'';
(3) in paragraph (16), by striking ``subsection
(b)(2)(B)(xxi)'' and inserting ``subsection (b)(2)(D)(viii)'';
(4) in paragraph (17), by striking ``subsection
(b)(2)(B)(xxiv)'' and inserting ``subsection (b)(2)(A)(xv)'';
and
(5) in paragraph (18)--
(A) in subparagraph (A), by striking ``subsection
(b)(2)(B)(ii)'' and inserting ``subsection
(b)(2)(D)(i)'';
(B) in subparagraph (B), by striking ``subsection
(b)(2)(B)(iii)'' and inserting ``subsection
(b)(2)(D)(ii)''; and
(C) in subparagraph (C), by striking ``subsection
(b)(2)(B)(iii)'' and inserting ``subsection
(b)(2)(D)(ii)''; and
(6) by adding at the end the following:
``(19) The number of child fatalities and near fatalities
from maltreatment and related information in accordance with
the uniform standards established under section 103(d).''.
(e) Allotments.--Section 106(f) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(f)) is amended by adding at the end the
following:
``(6) Limitation.--For any fiscal year for which the amount
allotted to a State or territory under this subsection exceeds
the amount allotted to the State or territory under such
subsection for fiscal year 2019, the State or territory may use
not more than 2 percent of such excess amount for
administrative expenses.''.
SEC. 107. MISCELLANEOUS REQUIREMENTS.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended--
(1) in subsection (b), by inserting ``Indian tribes, and
tribal organizations,'' after ``States,'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Protecting Against Systemic Child Sexual Abuse.--
``(1) Reporting and task force.--Not later than 24 months
after the date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act, each State task force established
under section 107(c) and expanded as described in paragraph (2)
shall study and make recommendations on the following, with a
focus on preventing systemic child sexual abuse:
``(A) How to detect systemic child sexual abuse that
occurs in an organization.
``(B) How to prevent child sexual abuse and systemic
child sexual abuse from occurring in organizations,
which shall include recommendations to improve--
``(i) practices and policies for the
education of parents, caregivers, and victims,
and age appropriate education of children,
about risk factors or signs of potential child
sexual abuse; and
``(ii) the efficacy of applicable State laws
and the role such laws play in deterring or
preventing incidences of child sexual abuse.
``(C) The feasibility of making available the
disposition of a perpetrator within an organization
to--
``(i) the child alleging sexual abuse or the
child's family; or
``(ii) an adult who was a child at the time
of the sexual abuse claim in question or the
adult's family.
``(2) Task force composition.--For purposes of this
subsection, a State task force shall include--
``(A) the members of the State task force described
in section 107(c) for the State; and
``(B) the following:
``(i) Family court judges.
``(ii) Individuals from religious
organizations.
``(iii) Individuals from youth-serving
organizations, including youth athletics
organizations.
``(3) Reporting on recommendations.--Not later than 6 months
after a State task force makes recommendations under paragraph
(1), the State maintaining such State task force shall--
``(A) make public the recommendations of such report;
``(B) report to the Secretary on the status of
adopting such recommendations; and
``(C) in a case in which the State declines to adopt
a particular recommendation, make public the
explanation for such declination.
``(4) Definitions.--For purposes of this subsection--
``(A) the terms `child sexual abuse' and `sexual
abuse' shall not be limited to an act or a failure to
act on the part of a parent or caretaker;
``(B) the term `organization' means any entity that
serves children; and
``(C) the term `systemic child sexual abuse' means--
``(i) a pattern of informal or formal policy
or de facto policy to not follow State and
local requirements to report instances of child
sexual abuse in violation of State and local
mandatory reporting laws or policy; or
``(ii) a pattern of assisting individual
perpetrators in maintaining their careers
despite substantiated evidence of child sexual
abuse.''.
SEC. 108. REPORTS.
(a) Scaling Evidence-based Treatment of Child Abuse and Neglect.--
Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106f) is amended to read as follows:
``SEC. 110. STUDY AND REPORT RELATING TO SCALING EVIDENCE-BASED
TREATMENT OF CHILD ABUSE AND NEGLECT; STUDY AND
REPORT ON MARITAL AGE OF CONSENT; STUDY AND REPORT
ON STATE MANDATORY REPORTING LAWS.
``(a) In General.--The Secretary shall conduct a study that examines
challenges to, and best practices for, the scalability of treatments
that reduce the trauma resulting from child abuse and neglect and
reduce the risk of revictimization, such as those allowable under
sections 105 and 106.
``(b) Content of Study.--The study described in subsection (a) shall
be completed in a manner that considers the variability among treatment
programs and among populations vulnerable to child abuse and neglect.
The study shall include, at minimum:
``(1) A detailed synthesis of the existing research
literature examining barriers and challenges to, and best
practices for the scalability of child welfare programs and
services as well as programs and services for vulnerable
children and families in related fields, including healthcare
and education.
``(2) Data describing state and local providers' experiences
with scaling treatments that reduce the trauma resulting from
child abuse and neglect and reduce the risk of revictimization.
``(3) Consultation with experts in child welfare, healthcare,
and education.
``(c) Report.--Not later than 3 years after the date of the enactment
of the Stronger Child Abuse Prevention and Treatment Act, the Secretary
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and Labor of the House of
Representatives a report that contains the results of the study
conducted under subsection (a), including recommendations for best
practices for scaling treatments that reduce the trauma resulting from
child abuse and neglect and reduce the risk of revictimization.
``(d) Study and Report on Marital Age of Consent.--
``(1) Study.--The Secretary shall study, with respect to each
State--
``(A) the State law regarding the minimum marriage
age; and
``(B) the prevalence of marriage involving a child
who is under the age of such minimum marriage age.
``(2) Factors.--The study required under paragraph (1) shall
include an examination of--
``(A) the extent to which any statutory exceptions to
the minimum marriage age in such laws contribute to the
prevalence of marriage involving a child described in
paragraph (1)(B);
``(B) whether such exceptions allow such a child to
be married without the consent of such child; and
``(C) the impact of such exceptions on the safety of
such children.
``(3) Report.--Not later than 1 year after the date of
enactment of the Stronger Child Abuse Prevention and Treatment
Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and Labor of the House of Representatives a report
containing the findings of the study required by this
subsection, including any best practices.
``(e) Study and Report on State Mandatory Reporting Laws.--
``(1) Study.--The Secretary shall collect information on and
otherwise study State laws for mandatory reporting of incidents
of child abuse or neglect. Such study shall examine trends in
referrals and investigations of child abuse and neglect due to
differences in such State laws with respect to the inclusion,
as mandatory reporters, of the following individuals:
``(A) Individuals licensed or certified to practice
in any health-related field licensed by the State,
employees of health care facilities or providers
licensed by the State, who are engaged in the
admission, examination, care or treatment of
individuals, including mental health and emergency
medical service providers.
``(B) Individuals employed by a school who have
direct contact with children, including teachers,
administrators, and independent contractors.
``(C) Peace officers and law enforcement personnel.
``(D) Clergy, including Christian Science
practitioners, except where prohibited on account of
clergy-penitent privilege.
``(E) Day care and child care operators and
employees.
``(F) Employees of social services agencies who have
direct contact with children in the course of
employment.
``(G) Foster parents.
``(H) Court appointed special advocates (employees
and volunteers).
``(I) Camp and after-school employees.
``(J) An individual, paid or unpaid, who, on the
basis of the individual's role as an integral part of a
regularly scheduled program, activity, or service,
accepts responsibility for a child.
``(2) Report.--Not later than 4 years after the date of
enactment of the Stronger Child Abuse Prevention and Treatment
Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and Labor of the House of Representatives a report
containing the findings of the study required by this
subsection, including any best practices related to the
inclusion, as mandatory reporters, of individuals described in
paragraph (1).''.
(b) Report on Child Abuse and Neglect in Indian Tribal Communities.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General, in consultation
with the Indian tribes from each of the 12 regions of the
Bureau of Indian Affairs, shall study child abuse and neglect
in Indian Tribal communities for the purpose of identifying
vital information and making recommendations concerning issues
relating to child abuse and neglect in such communities, and
submit to the Committee on Health, Education, Labor, and
Pensions and the Committee on Indian Affairs of the Senate and
the Committee on Education and Labor and the Committee on
Natural Resources of the House of Representatives a report on
such study, which shall include--
(A) the number of Indian tribes providing primary
child abuse and neglect prevention activities;
(B) the number of Indian tribes providing secondary
child abuse and neglect prevention activities;
(C) promising practices of Indian tribes with respect
to child abuse and neglect prevention that are
culturally-based or culturally-adapted;
(D) information and recommendations on how such
culturally-based or culturally-adapted child abuse and
neglect prevention activities could become evidence-
based;
(E) the number of Indian tribes that have accessed
Federal child abuse and neglect prevention programs;
(F) child abuse and neglect prevention activities
that Indian tribes provide using State funds;
(G) child abuse and neglect prevention activities
that Indian tribes provide using Tribal funds;
(H) Tribal access to State children's trust fund
resources, as described in section 202 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116a);
(I) how a children's trust fund model could be used
to support prevention efforts regarding child abuse and
neglect of American Indian and Alaska Native children;
(J) Federal agency technical assistance efforts to
address child abuse and neglect prevention and
treatment of American Indian and Alaska Native
children;
(K) Federal agency cross-system collaboration to
address child abuse and neglect prevention and
treatment of American Indian and Alaska Native
children;
(L) Tribal access to child abuse and neglect
prevention research and demonstration grants under the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.); and
(M) an examination of child abuse and neglect data
systems to identify what Tribal data is being
submitted, barriers to submitting data, and
recommendations on improving the collection of data
from Indian Tribes.
(2) Definitions.--In this subsection--
(A) the term ``Alaska Native'' has the meaning given
the term in section 111 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106g); and
(B) the terms ``child abuse and neglect'' and
``Indian tribe'' have the meaning given the terms in
section 3 of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 note).
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
Section 112(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106h(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``to carry out'' through ``fiscal
year 2010'' and inserting ``to carry out this title
$270,000,000 for fiscal year 2020''; and
(B) by striking ``2011 through 2015'' and inserting
``2021 through 2025''; and
(2) by striking paragraph (2)(A) and inserting the following:
``(A) In general.--Of the amounts appropriated for a
fiscal year under paragraph (1), the Secretary shall
make available 30 percent of such amounts, or
$100,000,000, whichever is less, to fund discretionary
activities under this title.''.
SEC. 110. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.) is amended by adding at the end the following:
``SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
``(a) Interstate Data Exchange System.--
``(1) In general.--The Secretary of Health and Human Services
shall consider the recommendations included in the reports
required under paragraph (8)(A) and subsection (b)(2) in
developing an electronic interstate data exchange system that
allows State entities responsible under State law for
maintaining child abuse and neglect registries to communicate
information across State lines.
``(2) Standards.--In developing the electronic interstate
data exchange system under paragraph (1), the Secretary shall--
``(A) use interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model;
``(B) develop policies and governance standards
that--
``(i) ensure consistency in types of
information shared and not shared; and
``(ii) specify circumstances under which data
should be shared through the interstate data
exchange system; and
``(C) ensure that all standards and policies adhere
to the privacy, security, and civil rights laws of each
State and Federal law.
``(3) Limitation on use of electronic interstate data
exchange system.--The electronic interstate data exchange
system may only be used for purposes relating to child safety.
``(4) Pilot program.--
``(A) Implementation.--Not later than 6 months after
the date of the enactment of this section, the
Secretary of Health and Human Services shall begin
implementation of a pilot program to generate
recommendations for the full integration of the
electronic interstate data exchange system. Such pilot
program shall include not less than 10 States and not
more than 15 States.
``(B) Completion.--Not later than 30 months after the
date of the enactment of this section, the Secretary of
Health and Human Services shall complete the pilot
program described in subparagraph (A).
``(5) Integration.--The Secretary of Health and Human
Services may assist States in the integration of this system
into the infrastructure of each State using funds appropriated
under this subsection.
``(6) Participation.--As a condition on eligibility for
receipt of funds under section 106, each State shall--
``(A) participate in the electronic interstate data
exchange system to the fullest extent possible in
accordance with State law (as determined by the
Secretary of Health and Human Services) not later than
December 31, 2027; and
``(B) prior to the participation described in
subparagraph (A), provide to the Secretary of Health
and Human Services an assurance that the child abuse
and neglect registry of such State provides procedural
due process protections with respect to including
individuals on such registry.
``(7) Prohibition.--The Secretary of Health and Human
Services may not access or store data from the electronic
interstate data exchange system, unless the State to which such
data pertains voluntarily shares such data with the Secretary
of Health and Human Services.
``(8) Reports.--The Secretary of Health and Human Services
shall prepare and submit to Congress--
``(A) not later than 3 years after the date of the
enactment of this section, a report on the
recommendations from the pilot program described in
paragraph (4); and
``(B) not later than January 31, 2025, a report on
the progress made in implementing this subsection.
``(9) Authorization of appropriations.--Of the funds
appropriated under section 112 for a fiscal year--
``(A) for each of fiscal years 2020 and 2021,
$2,000,000 shall be reserved to carry out this section;
and
``(B) for each of fiscal years 2022 through 2025,
$1,000,000 shall be reserved to carry out this section.
``(b) Working Group.--
``(1) In general.-- Not later than 60 days after the date of
the enactment of this section, the Secretary of Health and
Human Services shall convene a working group to study and make
recommendations on the following:
``(A) The feasibility of making publicly available on
the website of each State definitions and standards of
substantiated child abuse and neglect for the State.
``(B) Whether background check requirements under
this Act, the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.), and part E of
title IV of the Social Security Act (42 U.S.C. 670 et
seq.) are complementary or if there are discrepancies
that need to be addressed.
``(C) How to improve communication between and across
States, including through the use of technology and the
use of the electronic interstate data exchange system
established under subsection (a), to allow for more
accurate and efficient exchange of child abuse and
neglect records.
``(D) How to reduce barriers and establish best
practices for the State to provide timely responses to
requests from other States for information contained in
the State's child abuse and neglect registry through
the electronic interstate data exchange system
established under subsection (a).
``(E) How to ensure due process for any individual
included in a State's child abuse and neglect registry,
including the following:
``(i) The level of evidence necessary for
inclusion in the State's child abuse and
neglect registry.
``(ii) The process for notifying such
individual of inclusion in the State's child
abuse and neglect registry and the implications
of such inclusion.
``(iii) The process for providing such
individual the opportunity to challenge such
inclusion, and the procedures for resolving
such challenge.
``(iv) The length of time an individual's
record is to remain in the State's child abuse
and neglect registry, and the process for
removing such individual's record.
``(v) The criteria for when such individual's
child abuse and neglect registry record may
be--
``(I) made accessible to the general
public;
``(II) made available for purposes of
an employment check; and
``(III) be shared for the purposes of
participation in the electronic
interstate data exchange system
described in subsection (a).
``(2) Report.--Not later than 18 months after the date of the
enactment of this section, the working group convened under
paragraph (1) shall submit a report containing its
recommendations to the Secretary of Health and Human Services,
the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives.
``(3) Construction.--There shall be no requirement for any
State to adopt the recommendations of the working group, nor
shall the Secretary of Health and Human Services incentivize or
coerce any State to adopt any such recommendation.''.
SEC. 111. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.-- The Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.), as amended by the preceding provisions of
this Act, is further amended--
(1) by striking ``Committee on Education and the Workforce''
each place it appears and inserting ``Committee on Education
and Labor'';
(2) in section 103(c)(1)(F), by striking ``abused and
neglected children'' and inserting ``victims of child abuse or
neglect''; and
(3) in section 107(f), by striking ``(42 U.S.C. 10603a)'' and
inserting ``(34 U.S.C. 20104)''.
(b) Conforming Amendments.--
(1) Section 103.--Section 103(b)(5) (42 U.S.C. 5104(b)(5)) is
amended by striking ``section 106(b)(2)(B)(iii)'' and inserting
``section 106(b)(2)(D)(ii)''.
(2) Section 105.--Section 105(a)(11) (42 U.S.C. 5106(a)(11)
(as redesignated by section 105(1)(A) of this Act) is amended--
(A) in subparagraph (A), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(B) in subparagraph (C)--
(i) in clause (i)(II), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(ii) in clause (i)(IV), by striking ``section
106(b)(2)(B)(iii)(II)'' and inserting ``section
106(b)(2)(D)(ii)(II)''; and
(iii) in clause (ii), by striking ``clauses
(ii) and (iii) of section 106(b)(2)(B)'' and
inserting ``clauses (i) and (ii) of section
106(b)(2)(D)'';
(C) in subparagraph (D)--
(i) in clause (i)(I), by striking ``section
106(b)(2)(B)(iii)(I)'' and inserting ``section
106(b)(2)(D)(ii)(I)'';
(ii) in clause (ii)(I), by striking ``section
106(b)(2)(B)(ii)'' and inserting ``section
106(b)(2)(D)(i)'';
(iii) in clause (ii)(II), by striking
``section 106(b)(2)(B)(iii)'' and inserting
``section 106(b)(2)(D)(ii)(I)'';
(iv) in clause (iii)(I), by striking
``section 106(b)(2)(B)(i)'' and inserting
``section 106(b)(2)(A)(i)'';
(v) in clause (iii)(IV), by striking
``section 106(b)(2)(B)(iii)'' and inserting
``section 106(b)(2)(D)(ii)''; and
(vi) in clause (v), by striking ``section
106(b)(2)(B)(iii)'' and inserting ``section
106(b)(2)(D)(ii)'';
(D) in subparagraph (E), by striking ``section
106(b)(2)(B)(ii)'' and inserting ``section
106(b)(2)(D)(i)''; and
(E) in subparagraph (G)(ii), by striking ``clauses
(ii) and (iii) of section 106(b)(2)(B)'' and inserting
``clauses (i) and (ii) of section 106(b)(2)(D)''.
(3) Section 114.--Section 114(1)(B) (42 U.S.C. 5108(1)(B)) is
amended by striking ``clauses (ii) and (iii) of section
106(b)(2)(B)'' and inserting ``clauses (i) and (ii) of section
106(b)(2)(D)''.
(4) Table of contents.--The table of contents in section 1(b)
of the Child Abuse Prevention and Treatment Act is amended--
(A) by striking the items relating to sections 2 and
102;
(B) by inserting after the item relating to section
114 the following:
``Sec. 115. Electronic interstate data exchange system.''; and
(C) by striking the item relating to section 110, and
inserting the following:
``Sec. 110. Study and report relating to scaling evidence-based
treatment of child abuse and neglect; study and report on marital age
of consent; study and report on State mandatory reporting laws.''.
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
SEC. 201. PURPOSE AND AUTHORITY.
Subsections (a) and (b) of section 201 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5116) are amended to read as follows:
``(a) Purpose.--The purposes of this title are--
``(1) to establish and maintain support for community-based
family strengthening services and statewide systems-building
approaches to the extent practicable, to ensure the
development, operation, expansion, coordination, and evaluation
of quality services, initiatives, programs, and activities to
prevent child abuse and neglect; and
``(2) to promote improved access for diverse populations with
demonstrated need, including low-income families, racial and
ethnic minorities, families with children or caregivers with
disabilities, underserved communities, and rural communities,
to family strengthening services in order to more effectively
prevent child abuse and neglect.
``(b) Authority.--The Secretary shall make grants under this title on
a formula basis to the entity designated by the State as the lead
entity (referred to in this title as the `lead entity') under section
202(1) for the following purposes:
``(1) Providing programs, activities, and initiatives to help
families build protective factors linked to the prevention of
child abuse and neglect, such as knowledge of parenting and
child development, parental resilience, social connections,
time-limited and need-based concrete support, and social and
emotional development of children, that--
``(A) are accessible to diverse populations,
effective, and culturally appropriate;
``(B) build upon existing strengths;
``(C) offer assistance to families;
``(D) provide early, comprehensive support for
parents;
``(E) promote the development of healthy familial
relationships and parenting skills, especially in young
parents and parents with very young children;
``(F) increase family stability;
``(G) improve family access to formal and informal
community-based resources, including health and mental
health services, time-limited and need-based concrete
supports, and services and supports to meet the needs
of families with children or caregivers with
disabilities; and
``(H) support the additional needs of families with
children with disabilities, including through respite
care.
``(2) Fostering the development of a continuum of preventive
services to strengthen families through State- and community-
based collaborations and both public and private partnerships.
``(3) Financing the start-up, maintenance, expansion, or
redesign of core services described in section 205, where
communities have identified gaps and decided to prioritize the
establishment of such services, to the extent practicable given
funding levels and community priorities.
``(4) Maximizing funding through leveraging Federal, State,
local, public, and private funds to carry out the purposes of
this title.
``(5) Developing or enhancing statewide and local networks to
operate, expand, or enhance community-based family
strengthening services, initiatives, and activities that
promote child, parent, family, and community health and well-
being and prevent child abuse and neglect.
``(6) Promoting the development of, and coordination with,
existing community coalitions of networks of family
strengthening services that utilize culturally responsive
providers in order to enhance child, family, and community
well-being and prevent child abuse and neglect in all families.
``(7) Financing public information activities that focus on
parent and child development and child abuse and neglect
prevention.
``(8) To the extent practicable--
``(A) promoting the development and implementation of
a statewide systems-building strategy to address the
unmet needs identified in the inventory described in
section 204(3), including the participation of public
and private stakeholders, community-based
organizations, legislators, parents and other relevant
stakeholders, and State agencies, including the child
welfare agency, the public health agency, housing
agency, and the State education agency, to scale
evidence-based, evidence-informed, and promising
programs that expand access to family strengthening
services and reduce the numbers of children entering
the foster care system;
``(B) developing comprehensive outreach strategies to
engage families with various risk factors, including
families who have experienced trauma or domestic
violence, parents with substance use disorder, and
families with children or caregivers with disabilities;
and
``(C) providing capacity-building supports to local
programs to improve desired outcomes for children and
families, such as--
``(i) technical assistance, including support
for local programs to collect outcome data that
helps improve service delivery;
``(ii) professional development; and
``(iii) peer support networks, including
through developing a problem-solving forum.''.
SEC. 202. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) the Governor 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 community-based
family strengthening services designed to prevent child abuse
and neglect;''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) the Governor of the State has given consideration to
the capacity and expertise of all entities requesting to be
designated under subparagraph (A);''; and
(2) in paragraph (3)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) has demonstrated ongoing meaningful
partnerships with parents in the development,
operation, and oversight of State- and community-based
family strengthening services designed to prevent child
abuse and neglect;'';
(B) in subparagraph (B), by striking ``community-
based and prevention-focused programs and activities
designed to strengthen and support families'' and
inserting ``community-based family strengthening
services designed'';
(C) by striking subparagraph (C) and inserting the
following:
``(C) has the capacity to provide operational support
(both financial and programmatic), professional
development, technical assistance, and evaluation
assistance, to community-based organizations;''; and
(D) by striking subparagraph (D) and inserting the
following:
``(D) will integrate efforts with individuals and
organizations experienced in working in partnership
with low-income families, racial and ethnic minorities,
families with children or caregivers with disabilities,
sexual and gender minority youth, victims of domestic
violence, and with the child abuse and neglect
prevention activities in the State, and demonstrate a
financial commitment to those activities; and
``(E) will take into consideration access for diverse
populations and unmet need when distributing funds to
local programs under section 205.''.
SEC. 203. AMOUNT OF GRANT.
Section 203 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116b) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Reservation.--For the purpose of making allotments to Indian
tribes and tribal organizations and migrant programs, the Secretary
shall reserve 5 percent of the amount appropriated under section 210(a)
for each fiscal year, except that, if making such reservation would
cause the total amount allotted to States under this section for a
fiscal year to be less than such total for fiscal year 2019, the
Secretary shall reserve 1 percent of the amount appropriated under
section 210(a) for the year for such purpose.''; and
(2) by adding at the end the following:
``(d) Limitation.--For any fiscal year for which the amount allotted
to a State under subsection (b) exceeds the amount allotted to the
State under such subsection for fiscal year 2019, the State's lead
entity may use not more than 10 percent of such excess amount for
administrative expenses.''.
SEC. 204. APPLICATION.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in the matter preceding paragraph (1), by striking
``specified by the Secretary as essential to carrying out the
provisions of section 202, including'' and inserting ``and
assurances required in paragraphs (2) and (3) of section 202
and types of information specified by the Secretary as
essential in carrying out the provisions of section 201(b),
including'';
(2) in paragraphs (1), (2), and (4), by striking ``community-
based and prevention-focused programs and activities designed
to strengthen and support families'' and inserting ``community-
based family strengthening services designed'';
(3) in paragraph (3) by striking ``community-based and
prevention-focused programs and activities'' and inserting
``community-based family strengthening services designed'';
(4) in paragraph (5), by striking ``and prevention-focused
programs and activities designed to strengthen and support
families to prevent child abuse and neglect;'' and inserting
``services and statewide strategies designed to strengthen and
support families to promote child, family, and community well-
being and prevent child abuse and neglect;'';
(5) by striking paragraph (6) and inserting the following:
``(6) a description of the State's capacity and commitment to
ensure the meaningful involvement of parents who are or have
been consumers of preventative supports, including the
involvement of parents of diverse populations, such as low-
income families, families with children or caregivers with
disabilities, racial and ethnic minorities, and members of
other underrepresented or underserved groups, family advocates,
and adult victims of child abuse or neglect who can provide
leadership in the planning, implementation, and evaluation of
the programs and policy decisions of the applicant agency in
accomplishing the desired outcomes for such efforts;'';
(6) by redesignating paragraph (12) as paragraph (15);
(7) by redesignating paragraphs (7) through (11) as
paragraphs (8) through (12), respectively;
(8) by inserting after paragraph (6) the following:
``(7) a description of the process and criteria the lead
entity will use to identify and select communities in which to
build a continuum of family strengthening services, including
an assurance that the process will ensure access for all
families, including families in communities with high rates of
child abuse and neglect relative to other communities in the
State;'';
(9) by striking paragraph (9), as so redesignated, and
inserting the following:
``(9) a description of outreach activities that the lead
entity and local grantees will undertake to maximize the
participation of low-income families, racial and ethnic
minorities, families with children or caregivers with
disabilities, sexual and gender minority youth, victims of
domestic violence, homeless families and those at risk of
homelessness, and members of other underserved or
underrepresented groups;''.
(10) by striking paragraph (10), as so redesignated, and
inserting the following:
``(10) a plan for providing operational support, professional
development, and technical assistance to grantees, other State
and local programs and providers, families, and other entities
involved in strengthening families and preventing child abuse
and neglect;'';
(11) in paragraph (11), as so redesignated, by striking ``and
its members (where appropriate)'' and inserting ``of community-
based family strengthening services and statewide
initiatives''; and
(12) by striking paragraph (12), as so redesignated, and
inserting the following:
``(12) a description of the actions that the applicant entity
will take to inform systemic changes in State policies,
practices, procedures, and regulations to improve the delivery
of community-based family strengthening services designed to
promote child, family, and community well-being, and to prevent
child abuse and neglect;
``(13) a description of how the lead entity will incorporate
research evidence in its process for selecting community-based
family strengthening services;
``(14) an assurance that, in issuing regulations to improve
the delivery of community-based family strengthening services
designed to promote child, family, and community well-being,
and to prevent child abuse and neglect, the State will--
``(A) take into account how such regulations will
impact activities funded under this Act; and
``(B) where appropriate, attempt to avoid duplication
of efforts, minimize costs of compliance with such
regulations, and maximize local flexibility with
respect to such regulations; and''.
SEC. 205. LOCAL PROGRAM REQUIREMENTS.
Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116e) is amended to read as follows:
``SEC. 205. LOCAL PROGRAM REQUIREMENTS.
``(a) In General.--Grants from the lead entity made under this title
shall be used to develop, implement, operate, expand, and enhance
community-based family strengthening services designed to prevent child
abuse and neglect that--
``(1) assess community assets and needs and develop a
strategy to create a comprehensive continuum of effective
services that strengthen and support families to prevent child
abuse and neglect, through a planning process involving
parents, local and public agencies, local nonprofit
organizations and service providers, and private sector
representatives in meaningful ways;
``(2) develop or enhance existing place-based family
strengthening services, other parenting support services, and
connections and coordination among key family services in the
community by reaching spaces familiar to such families; and
``(3) help families build protective factors that support
child and family well-being and help prevent child abuse and
neglect, including knowledge of parenting and child
development, parental resilience, social connections, time-
limited and need-based concrete support, and social and
emotional development of children.
``(b) Local Consideration.--In awarding grants, the lead entity shall
consider, consistent with the needs of the State and community, how the
grantee--
``(1) demonstrates the ability to form collaborations across
a range of services or initiatives and the commitment to engage
in long-term planning and strategic development for community-
based family strengthening services as well as provide on-going
problem solving support;
``(2) involves parents, including parents of children with
disabilities, diverse racial and ethnic groups, and members of
other underrepresented or underserved populations, in the
development, implementation, oversight, and evaluation of
services;
``(3) addresses the need for place-based services and the
need to reach families in hard-to-reach areas through
approaches that provide core family strengthening services;
``(4) promotes improved access to family strengthening
services for diverse populations and ensures that the services
address identified needs of all families; and
``(5) demonstrates an understanding of the sources of child
and family trauma and the strategies that mitigate the impact
of and prevent adverse childhood experiences.
``(c) Local Uses of Funds.--Grant funds from the lead entity shall be
used for community-based family strengthening services designed to
prevent child abuse and neglect, which may include the following:
``(1) Developing a strategy based on supporting a
comprehensive continuum of preventive, family-centered services
that strengthen and support families to prevent child abuse and
neglect, especially to young parents, to parents with young
children, and to parents who are adult victims of domestic
violence or child abuse or neglect, through public-private
partnerships.
``(2) Addressing the needs of families in hard-to-reach areas
by creating access to place-based family strengthening
services.
``(3) Performing an assessment of community needs, including
by partnering, at the option of the grantee, with an
organization that already has performed a needs assessment
(such as a Maternal, Infant and Early Childhood Home Visiting
program under section 511 of the Social Security Act (42 U.S.C.
711) or a Head Start program under the Head Start Act (42
U.S.C. 9831 et seq.).
``(4) Supporting outreach for services, including by
coordinating with existing family strengthening services such
as home visiting and other early intervention programs.
``(5) Providing, promoting the development or enhancement of,
or connecting families to, core services that include--
``(A) parenting support and parent education
programs, including services that help parents and
other caregivers support children's development;
``(B) parent leadership skills development programs
that support parents' personal growth as leaders in
their families and communities;
``(C) mutual support groups for parents, children,
and parent partners;
``(D) respite and crisis care; and
``(E) referrals to optional community and social
services, including--
``(i) domestic violence services;
``(ii) screening and referrals to early
intervention;
``(iii) voluntary home visiting programs;
``(iv) health and mental health services,
including referrals for information on the
State Medicaid plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.);
``(v) early care and learning programs
including child care and Head Start programs
and Early Head Start programs under the Head
Start Act (42 U.S.C. 9831 et seq.);
``(vi) nutrition programs, including the
special supplemental nutrition program for
women, infants, and children established under
section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786) and the supplemental nutrition
assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
``(vii) education and workforce development
programs, including adult literacy, child
development, wellness, and family socioeconomic
mobility programs; and
``(viii) services and supports to meet the
needs of families with children or caregivers
with disabilities, such as early intervention
services for infants and toddlers with
disabilities and their families, as early
intervention services are defined in section
632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
``(6) Providing leadership in mobilizing local public and
private resources to support the provision of community-based
family strengthening services designed to prevent child abuse
and neglect.
``(7) Developing and maintaining meaningful partnerships with
parents relating to the development, operation, evaluation, and
oversight of the programs and services.
``(8) Coordinating with other community-based family
strengthening services designed to prevent child abuse and
neglect in the development, operation, and expansion of
networks where appropriate.
``(d) Priority.--When awarding grants, a lead entity shall give
priority to effective community-based efforts that serve low-income
communities and are focused on comprehensive approaches to serving
young parents or parents with young children.''.
SEC. 206. PERFORMANCE MEASURES.
Section 206 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraphs (1), (5), (6), and (8), by striking
``community-based and prevention-focused programs and
activities designed to strengthen and support families'' and
inserting ``community-based family strengthening services
designed'';
(2) in paragraph (1), by striking ``meets'' and inserting
``meet'';
(3) in paragraph (2), by striking ``including core and
optional services as described in section 202'';
(4) by striking paragraph (3) and inserting the following:
``(3) shall demonstrate how they have addressed unmet needs
identified by the inventory required under section 204;''.
(5) by striking paragraph (4) and inserting the following:
``(4) shall describe the number of families served, including
families with children or caregivers with disabilities, and the
involvement of a diverse representation of families in the
design, operation, and evaluation of both community-based
family strengthening services and networks of such services;'';
(6) by striking paragraph (7) and inserting the following:
``(7) shall describe--
``(A) the number of programs funded disaggregated by
urban, suburban, and rural community type;
``(B) the number of children and families served
under each such program disaggregated by urban,
suburban, and rural community type; and
``(C) the number of programs that partner with
outside entities and the services such outside entities
provide;'';
(7) in paragraph (8)--
(A) by striking ``leadership of'' and insert
``partnership with''; and
(B) by striking the period at the end and inserting
``; and''; and
(8) by adding at the end the following:
``(9) shall describe the extent to which there is evidence to
support the effectiveness of activities conducted under this
title for the program's intended purpose, or, in instances
where such evidence is not available, shall describe barriers
and challenges to developing evidence of effectiveness.''.
SEC. 207. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116g) is amended--
(1) in the matter preceding paragraph (1), by striking ``such
sums as may be necessary'' and inserting ``not more than 5
percent''; and
(2) in paragraph (3), by striking ``community-based and
prevention-focused programs and activities designed to
strengthen and support families'' and inserting ``community-
based family strengthening services designed''.
SEC. 208. DEFINITIONS.
Section 208 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116h) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (1), respectively, and transferring paragraph (1) as
redesignated to appear before paragraph (2) as redesignated;
and
(2) by striking paragraph (1) (as so redesignated) and
inserting the following:
``(1) Community-based family strengthening services.--The
term `community-based family strengthening services' includes
organizations such as family resource programs, family support
programs, voluntary home visiting programs, respite care
services, parenting education, mutual support groups for
parents, children, parent partner programs, and other community
programs or networks of such programs that provide activities
that are designed to prevent child abuse and neglect.''.
SEC. 209. RULE OF CONSTRUCTION.
(a) In General.--Title II of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116 et seq.) is amended--
(1) by redesignating section 209 as section 210; and
(2) by inserting after section 208 the following:
``SEC. 209. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to prohibit grandparents,
kinship care providers, foster parents, adoptive parents, or any other
individual in a parenting role from receiving or participating in
services and programs under this title.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Child Abuse Prevention and Treatment Act is amended by striking the
item relating to section 209 and inserting the following:
``Sec. 209. Rule of construction.
``Sec. 210. Authorization of appropriations.''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116 et seq.), as redesignated by section 209 of this Act, is
amended--
(1) by striking ``There are'' and inserting the following:
``(a) In General.--There are'';
(2) by striking ``to carry out'' through ``fiscal year 2010''
and inserting ``to carry out this title $270,000,000 for fiscal
year 2020'';
(3) by striking ``2011 through 2015'' and inserting ``2021
through 2025''; and
(4) by adding at the end the following:
``(b) Treatment of Non-Federal Funds in Certain Fiscal Years.--For
any fiscal year for which the amount appropriated under subsection (a)
exceeds the amount appropriated under such subsection for fiscal year
2019, the Secretary shall consider non-Federal funds and in-kind
contributions as part of the State contribution for the activities
specified in section 204(4).''.
SEC. 211. STUDY AND REPORT.
(a) Study Relating to New Prevention Programs.--
(1) In general.--The Comptroller General of the United States
shall complete a study, using data reported by States to the
Secretary of Health and Human Services under section 206 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5116f), as
amended by this Act--
(A) to determine how many families and children in
the first 3 years after the date of the enactment of
this Act are served annually through programs funded
under title II of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116 et seq.); and
(B) to compare the number of such families and
children served annually in the first 3 years after the
date of the enactment of this Act to the number of such
families and children served in fiscal year 2019.
(2) Contents.--The study required under paragraph (1) shall
include the following for each of the first 3 years after the
date of the enactment of this Act:
(A) An examination of how many families received
evidence-based programming under title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116 et
seq.).
(B) An examination of the extent to which local
programs conduct evaluations using funds provided under
such title and the findings of such evaluations.
(C) An examination of whether findings of
effectiveness in evaluation studies vary by urban,
suburban, or rural community type.
(D) An examination of whether programs partnering
with other entities are more effective than those that
do not partner with other entities.
(E) An examination of barriers to implement evidence-
based programming or to conduct evaluations in
instances where such activities do not occur.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives a report that contains the results of the study
conducted under paragraph (1).
TITLE III--ADOPTION OPPORTUNITIES
SEC. 301. PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in the section heading, by striking ``congressional
findings and declaration of purpose'' and inserting
``purpose'';
(2) by striking subsection (a); and
(3) in subsection (b)--
(A) by striking ``(b) Purpose.--'';
(B) in the matter preceding paragraph (1), by
inserting ``sexual and gender minority youth'' after
``particularly older children, minority children,'';
and
(C) in paragraph (1), by inserting ``services and,''
after ``post-legal adoption''.
SEC. 302. REPORT AND GUIDANCE ON UNREGULATED CUSTODY TRANSFERS.
The Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (42 U.S.C. 5111 et seq.) is amended by inserting after section 201
the following:
``SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUSTODY TRANSFERS.
``(a) Sense of Congress.--It is the sense of Congress that:
``(1) Some adopted children may be at risk of experiencing an
unregulated custody transfer because the challenges associated
with adoptions (including the child's mental health needs and
the difficulties many families face in acquiring support
services) may lead families to seek out unregulated custody
transfers.
``(2) Some adopted children experience trauma, and the
disruption and placement in another home by unregulated custody
transfer creates additional trauma and instability for
children.
``(3) Children who experience an unregulated custody transfer
may be placed with families who have not completed required
child welfare or criminal background checks or clearances.
``(4) Social services agencies and courts are often unaware
of the placement of children through unregulated custody
transfer and therefore do not conduct assessments on the
child's safety and well-being in such placements.
``(5) Such lack of placement oversight places a child at risk
for future abuse and increases the chance that the child may
experience--
``(A) abuse or neglect;
``(B) contact with unsafe adults or youth; and
``(C) exposure to unsafe or isolated environments.
``(6) The caregivers with whom a child is placed through
unregulated custody transfer often have no legal responsibility
with respect to such child, placing the child at risk for
additional unregulated custody transfers.
``(7) Such caregivers also may not have complete records with
respect to such child, including the child's birth, medical, or
immigration records.
``(8) A child adopted through intercountry adoption may be at
risk of not acquiring United States citizenship if an
unregulated custody transfer occurs before the adoptive parents
complete all necessary steps to finalize the adoption of such
child.
``(9) Engaging in, or offering to engage in, unregulated
custody transfer places children at risk of harm.
``(b) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary of Health and
Human Services shall provide to the Committee on Education and
Labor of the House of Representatives, the Committee on Ways
and Means of the House of Representatives, the Committee on
Finance of the Senate, and the Committee on Health, Education,
Labor and Pensions of the Senate a report on unregulated
custody transfers of children, including of adopted children.
``(2) Elements.--The report required under paragraph (1)
shall include--
``(A) the causes, methods, and characteristics of
unregulated custody transfers, including the use of
social media and the internet;
``(B) the effects of unregulated custody transfers on
children, including the lack of assessment of a child's
safety and well-being by social services agencies and
courts due to such unregulated custody transfer;
``(C) the prevalence of unregulated custody transfers
within each State and across all States; and
``(D) recommended policies for preventing,
identifying, and responding to unregulated custody
transfers, including of adopted children, that
include--
``(i) amendments to Federal and State law to
address unregulated custody transfers;
``(ii) amendments to child protection
practices to address unregulated custody
transfers; and
``(iii) methods of providing the public
information regarding adoption and child
protection.
``(c) Guidance to States.--
``(1) In general.--Not later than 180 days after the date
specified in subsection (b)(1), the Secretary shall issue
guidance and technical assistance to States related to
preventing, identifying, and responding to unregulated custody
transfers, including of adopted children.
``(2) Elements.--The guidance required under paragraph (1)
shall include--
``(A) education materials related to preventing,
identifying, and responding to unregulated custody
transfers for employees of State, local, and Tribal
agencies that provide child welfare services;
``(B) guidance on appropriate pre-adoption education
and post-adoption services for domestic and
international adoptive families to promote child
permanency; and
``(C) the assistance available through the National
Resource Center for Special Needs Adoption under
section 203(b)(9).
``(d) Definitions.--In this section:
``(1) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(2) Unregulated custody transfer.--The term `unregulated
custody transfer' means the abandonment of a child, by the
child's parent, legal guardian, or a person or entity acting on
behalf, and with the consent, of such parent or guardian--
``(A) by placing a child with a person who is not--
``(i) the child's parent, step-parent,
grandparent, adult sibling, legal guardian, or
other adult relative;
``(ii) a friend of the family who is an adult
and with whom the child is familiar; or
``(iii) a member of the Federally recognized
Indian tribe of which the child is also a
member;
``(B) with the intent of severing the relationship
between the child and the parent or guardian of such
child; and
``(C) without--
``(i) reasonably ensuring the safety of the
child and permanency of the placement of the
child, including by conducting an official home
study, background check, and supervision; and
``(ii) transferring the legal rights and
responsibilities of parenthood or guardianship
under applicable Federal and State law to a
person described in subparagraph (A).''.
SEC. 303. INFORMATION AND SERVICES.
(a) National Resource Center for Special Needs Adoption.--Section
203(b)(9) of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5113(b)(9)) is amended by inserting ``not
later than 2 years after the date of the enactment of the Stronger
Child Abuse Prevention and Treatment Act, establish and'' before
``maintain''.
(b) Placement With Adoptive Families.--Section 203(b)(11)(C) of the
Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(42 U.S.C. 5113(b)(11)(C)) is amended by striking ``such children'' and
inserting ``the children and youth described in the matter preceding
paragraph (1) of section 201''.
(c) Pre-adoption Services.--Section 203(c)(1) of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C.
5113(c)(1)) is amended by striking ``post'' and inserting ``pre- and
post-''.
(d) Services.--Section 203(c)(2) of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113(c)(2)) is
amended by inserting ``and the development of such services,'' after
``not supplant, services''.
(e) Elimination of Barriers to Adoption Across Jurisdictional
Boundaries.--Section 203(e)(1) of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113(e)(1)) is
amended--
(1) by striking ``with, States,'' and inserting ``with
States, Indian Tribes,''; and
(2) by inserting ``, including through the use of web-based
tools such as the electronic interstate case-processing system
referred to in section 437(g) of the Social Security Act (42
U.S.C. 629g(g))'' before the period at the end.
SEC. 304. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5114) is amended to read as follows:
``SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
``(a) Study.--The Secretary shall conduct a study (directly or by
grant to, or contract with, public or private nonprofit research
agencies or organizations) on adoption outcomes and the factors
(including parental substance use disorder) affecting those outcomes.
``(b) Report.--Not later than the date that is 36 months after the
date of the enactment of the Stronger Child Abuse Prevention and
Treatment Act the Secretary shall submit a report to Congress that
includes the results of the study required under subsection (a).''.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended--
(1) by striking ``fiscal year 2010'' and inserting ``fiscal
year 2020''; and
(2) by striking ``fiscal years 2011 through 2015'' and
inserting ``fiscal years 2021 through 2025''.
Purpose and Summary
The purpose of H.R. 2480 is to reauthorize and strengthen
federal programs to prevent and treat child abuse and neglect.
After three decades of steady declines in the rate of child
abuse and neglect, the country has recently experienced a
worrisome up-tick in the rate of children who are found to be
victims of maltreatment. H.R. 2480 provides a bipartisan
response to this emerging crisis by strengthening federal
supports for the treatment of children affected by child abuse
and neglect and authorizing expanded federal support for
prevention.
H.R. 2480 makes significant updates to the Child Abuse
Prevention and Treatment Act, P.L. 93-247 (CAPTA), to ensure
states have the tools and resources to adequately respond to
the recent rise in the rate of child abuse and neglect. The
legislation increases the authorization for treatment services
to support states in meeting the growing need for such
services. It also directs the Secretary to engage in research
efforts and provide technical assistance that helps states
effectively treat families who have experienced child abuse and
neglect as a result of parental substance use disorder. The
bill further addresses the unintended consequences of prior
Congressional action to ensure that limited federal resources
are directed to families best positioned to benefit from
services. In addition, the legislation makes needed updates to
the child abuse and neglect data infrastructure to both improve
the integrity of available data and correct for shortcomings in
current data sharing practices.
This legislation also represents a major modernization to
the federal support for services that aim to prevent child
abuse and neglect. Consistent with a growing research consensus
that prevention services are critically important to keeping
children safe from harm, H.R. 2480 increases the authorization
level for prevention services to match that of treatment
services. Moreover, by directing states to approach prevention
through a public health perspective, the bill encourages the
development of strong partnerships among the various public
agencies that serve vulnerable families with the goal that
services address the causes of child abuse and neglect at their
root. Finally, H.R. 2480 makes needed updates to adoption
assistance provisions to ensure all children are served and to
examine and make recommendations to help states prevent
unregulated child custody transfers.
Committee Action
114TH CONGRESS
On May 11, 2016, the House agreed by a vote of 421-0 to
suspend the rules and pass H.R. 4843, the Infant Plan of Safe
Care Improvement Act, introduced by Committee member Rep. Lou
Barletta (R-PA). The bill amended CAPTA section 103(b) to
require the Secretary of Health and Human Services (Secretary)
to maintain and disseminate best practices related to infant
plans of safe care, amended section 106(b) to ensure that plans
of safe care are not limited to infants exposed to illegal
substances, and added a new section to CAPTA Title I requiring
the Secretary to conduct additional monitoring and oversight of
states receiving grants under CAPTA Title I. Provisions from
H.R. 4843 were added to S. 524.
Other Legislative Action
On July 8, 2016, the House agreed by a vote of 407-5 to the
conference report on S. 524, the Comprehensive Addiction and
Recovery Act of 2016, introduced by Senator Sheldon Whitehouse
(D-RI). The bill, which included multiple provisions addressing
the opioid crisis generally, included the CAPTA amendments
proposed in H.R. 4843. President Obama signed S. 524 into law
on July 22, 2016.
115TH CONGRESS
On November 8, 2017, the Subcommittees on Early Childhood,
Elementary, and Secondary Education and Higher Education and
Workforce Development held a joint hearing in Washington, DC
titled ``Close to Home: How Opioids Are Impacting
Communities.'' The purpose of the hearing was to understand the
many ways the increasing prevalence of opioid abuse was
affecting the lives of families and communities, including the
impact of drug addiction on family life, child welfare and
child maltreatment. Testifying before the Subcommittees were:
Dr. Leana Wen, Commissioner, Baltimore City Health Department,
Baltimore, MD; Mr. Tim Robinson, Founder And CEO, Addiction
Recovery Care, Louisa, KY; Ms. Toni Miner, Family Support
Partner, Jefferson County, CO; Dr. David Cox, Superintendent,
Allegany County, MD.
On May 21, 2018, the House agreed by a vote of 406-3 to
suspend the rules and pass H.R. 5890, the Assisting States'
Implementation of Plans of Safe Care Act, introduced by Rep.
Tom Garrett (R-VA). The bill allowed for the Secretary of
Health and Human Services to provide written guidance and, if
appropriate, technical assistance to support states in
complying with, and implementing CAPTA section 106. H.R. 5890
was considered at the same time as two other bills in the
jurisdiction of the Committee dealing with the protection of
children in the wake of the opioid crisis that did not directly
reference CAPTA, H.R. 5889, the Recognizing Early Childhood
Trauma Related to Substance Abuse Act of 2018, introduced by
Committee member Rep. Dave Brat (R-VA), and H.R. 5991, the
Improving the Federal Response to Families Impacted by
Substance Use Disorder Act, introduced by Committee member Rep.
Glenn Grothman (R-WI). Provisions from all three of these bills
were included in the text of H.R. 6 (see below).
Other Legislative Action
On February 9, 2018 the House agreed to the Senate
amendment to the House amendment to the Senate amendment of
H.R. 1892, the Bipartisan Budget Act of 2018. Introduced by
Rep. John Larsen (D-CT), H.R. 1892 included provisions from
H.R. 253, the Family First Prevention Services Act of 2017,
requiring states to develop a statewide plan to prevent child
abuse and neglect fatalities, and increased funding for
prevention activities. President Trump signed the bill into law
on March 23, 2018.
On September 28, 2018, the House agreed to the Senate
amendment to H.R. 6, the Substance Use-Disorder Prevention that
Promotes Opioid Recovery and Treatment for Patients and
Communities Act (SUPPORT for Patients and Communities Act).
H.R. 6, introduced by Rep. Greg Walden (R-OR) which included
multiple provisions addressing the opioid crisis generally,
specifically amended CAPTA section 105(a) to create a new grant
program for states to improve and coordinate their response to
ensure the safety, permanency, and well-being of infants
affected by substance abuse. President Trump signed H.R. 6 into
law on October 24, 2018.
116TH CONGRESS
On March 26, 2019, the Subcommittee on Civil Rights and
Human Services held a legislative hearing titled
``Strengthening Prevention and Treatment of Child Abuse and
Neglect,'' which was used to inform the development of H.R.
2480. The Subcommittee heard testimony on the following issues:
the prevalence of child abuse and neglect; effective prevention
strategies to address child abuse and neglect before it occurs;
and unmet need for treatment and prevention. The Subcommittee
heard testimony from: Yo Jackson, Professor and Associate
Director of the Child Maltreatment Solutions Network at Penn
State University, State College, PA; Judy King, Director of
Family Support Programs at the Washington State Department of
Children, Youth and Families, Olympia, WA; Bradley Thomas, CEO
of Triple P America, Columbia, SC; and LaCrisha Rose, parent,
Miami, WV.
On May 2, 2019, Rep. Kim Schrier (D-WA) introduced H.R.
2480, the Stronger Child Abuse Prevention and Treatment Act,
with Reps. James Comer (R-KY), Lori Trahan (D-MA), Dusty
Johnson (R-SD), Suzanne Bonamici (D-OR), Elise Stefanik (R-NY),
Chairman Bobby Scott (D-VA), and Ranking Member Virginia Foxx
(R-NC) as original co-sponsors. On May 8, 2019, the Committee
considered H.R. 2480 in a legislative session and reported it
favorably, as amended, to the House of Representative by a
voice vote. The Committee considered and adopted the following
amendments to H.R. 2480:
Rep. Bonamici offered an Amendment in the Nature of a
Substitute (ANS) that made several improvements to H.R. 2480.
The ANS narrowed the condition of receipt of funds in Section
103(d) to grants received through Section 106. In Section
106(a)(5)(A), housing agencies were added to the list of
service providers participating in state and local networks
supporting child and family well-being to establish connections
between the child welfare system and agencies that support
families in finding and securing stable housing.
The ANS made two important changes to support prevention
efforts in tribal communities. The amendment added Indian
tribes and tribal organizations to the list of entities that
receive equitable distribution of assistance in Section 107 and
required the Government Accountability Office (GAO) to examine
and make recommendations about issues relating to child abuse
and neglect in Indian tribal communities.
Several changes were made in Section 110 through the ANS to
clarify the intent of and strengthen the electronic data
exchange system. First, language was added to ensure that
standards and policies governing the electronic interstate data
exchange adhere to federal law in addition to state law. The
ANS also clarified that the exchange can only be used for
purposes of child safety and is not to be used for any other
purpose. To this end, the ANS included a prohibition on the
Secretary from accessing or storing data exchanged on the
system. The ANS also required that each state provide the
Secretary an assurance that its child abuse and neglect
registry provides procedural due process for individuals placed
on such a registry. Finally, the ANS modified the
appropriations reservation for Section 110 such that out of
annual funds appropriated in Title I, $2 million per year for
fiscal years 2020 and 2021 and $1 million per year for fiscal
years 2022 through 2025 are reserved for the development and
implementation of the electronic data exchange system.
The ANS also included a change in Title II to raise the
administrative cap on funds received in excess of fiscal year
2019 state allocations from four percent to ten percent to
ensure lead entities are able to effectively monitor and
provide oversight of prevention services. The ANS was adopted
via voice vote.
During the legislative session the Committee considered
several amendments to the ANS:
Rep. Pramila Jayapal (D-WA) offered, in
coordination with Rep. Brett Guthrie (R-KY), an amendment to
the ANS ensuring that infants whose prenatal drug exposure is
the result of maternal intake of drugs as prescribed by a
physician are not reported to child protective services. The
amendment was withdrawn with a commitment to work with
Committee leadership to improve this language for inclusion in
the bill.
Rep. Lucy McBath (D-GA) offered, in coordination
with Rep. Stefanik (R-NY), an amendment to the ANS allowing the
Secretary to fund a national hotline for child abuse and
neglect. The amendment was adopted via voice vote.
Rep. Russ Fulcher (R-ID) offered an amendment to
the amendment in the nature of the substitute requiring the
working group established in Section 110 to generate best
practices that ensure due process for individuals included in
state child abuse and neglect registries. The amendment was
adopted via voice vote.
Rep. David Trone (D-MD) offered, in coordination
with Rep. Ron Wright (R-TX), an amendment to the ANS allowing
states to carry out programs or strategies that promote the
recruitment, support, or retention of the child welfare
workforce. The amendment was adopted via voice vote.
Rep. Lloyd Smucker (R-PA) offered, in coordination
with Rep. Lauren Underwood (D-PA), an amendment to the ANS
ensuring the Secretary includes parent substance use disorder
as a factor in the study examining adoption outcomes. The
amendment was adopted via voice vote.
Rep. Van Taylor (R-TX) offered, in coordination
with Rep. Joe Morelle (D-NY), an amendment to the ANS requiring
the Secretary to conduct a study of exemptions to state laws
pertaining to the minimum age of marriage and examine how such
exemptions affect child safety. The amendment was adopted via
voice vote.
Rep. Susan Wild (D-PA) offered, in coordination
with Rep. Glenn ``GT'' Thompson (R-PA), an amendment to the ANS
requiring the Secretary to conduct a study of mandatory
reporter state laws and examine differences in rates of
referrals related to such state laws. The amendment was adopted
via voice vote.
Rep. Steve Watkins (R-KS) offered, in coordination
with Rep. Susie Lee (D-NV), an amendment to the ANS ensuring
that no child protective services protocols or systems
authorize the separation of a child from their family due
solely to poverty. The amendment was adopted via voice vote.
Rep. Josh Harder (D-CA) offered, in coordination
with Rep. Dan Meuser (R-PA), an amendment to the ANS allowing
states to carry out activities that reduce child abuse and
neglect due to the substance use disorder of a parent. The
amendment was adopted via voice vote.
Committee Views
INTRODUCTION
Child abuse and neglect is a public health issue that
affects as many as one in seven children in the United
States.\1\ Child abuse and neglect, as defined in federal law,
is the ``act or failure to act on the part of a parent or
caretaker that results in the death, serious physical or
emotional harm, sexual abuse or exploitation of a child, or an
act or failure to act that presents an imminent risk of serious
harm.''\2\ There are four common types of child abuse and
neglect: physical abuse, sexual abuse, emotional abuse, and
neglect.\3\
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\1\Centers for Disease Control. Violence prevention: Child abuse
and neglect. Washington, DC: Author. https://www.cdc.gov/
violenceprevention/childabuseandneglect/riskprotectivefactors.html.
\2\Pub L. 93-247, 88 Stat. 4 (1974).
\3\Centers for Disease Control. Violence prevention: Child abuse
and neglect. Washington, DC: Author. https://www.cdc.gov/
violenceprevention/childabuseandneglect/riskprotectivefactors.html.
---------------------------------------------------------------------------
Child abuse and neglect has both short- and long-term
negative effects on children and their families. In the short-
term, children may suffer significant physical harm, such as
cuts, bruises, or broken bones, as well as emotional and
psychological harm that may disrupt normative development,
causing anxiety and difficulty controlling emotions. In cases
of neglect, children may suffer from malnutrition or
deprivation from educational and cognitive stimulation.\4\
---------------------------------------------------------------------------
\4\Ibid.
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In the long-term, child abuse and neglect can alter the
physical development of the brain itself.\5\ Adults who
experienced abuse as children are almost three times more
likely to experience depressive symptoms than adults who did
not experience abuse.\6\ Child abuse and neglect can also be
detrimental to academic performance--children who experience
abuse or neglect are anywhere from 25 to 40 percent more likely
to drop out of high school than their peers.\7\ They are also
nine times more likely to become involved with the criminal
justice system.\8\
---------------------------------------------------------------------------
\5\Child Welfare Information Gateway. (2013). Long-term
consequences of child abuse and neglect. Washington, DC: U.S.
Department of Health and Human Services, Children's Bureau. https://
www.childwelfare.gov/pubpdfs/long_term_consequences.pdf.
\6\Chapman, D.P., et al. (2004). Adverse childhood experiences and
the risk of depressive disorders in adulthood. Journal of Affective
Disorders, 82, 217-225. https://pdfs.semanticscholar.org/c8f5/
4111f295a998ad4d39f6ad709785bbbca33a.pdf.
\7\Diette, T.M., Goldsmith, A.H., Hamilton, D., & Darity, W.A.
(2017). Child abuse, sexual assault, community violence and high school
graduation. Review of Behavioral Economics, 4, 215-240.
\8\Child Welfare Information Gateway. (2013). Long-term
consequences of child abuse and neglect. Washington, DC: U.S.
Department of Health and Human Services, Children's Bureau. https://
www.childwelfare.gov/pubpdfs/long_term_consequences.pdf.
---------------------------------------------------------------------------
In addition to the trauma that child abuse and neglect
inflicts on each individual child and family who experience
maltreatment, child abuse and neglect carries a significant
societal cost. In 2012, the Centers for Disease Control (CDC)
estimated that each confirmed case of child abuse and neglect
has a lifetime cost of $830,928.\9\ Such costs are incurred due
to increased health care needs, increased criminal justice
costs, increased special education costs, and reduced
productivity. Altogether, the CDC estimated that confirmed
cases of child abuse and neglect have a total annual cost of
$428 billion.\10\
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\9\Peterson, C., Florence, C., & Klevens, J. (2018). The economic
burden of child maltreatment in the United States, 2015. Child Abuse
and Neglect, 86, 178-183. https://www.ncbi.nlm.nih.gov/pmc/articles/
PMC6289633/.
\10\Ibid.
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The Child Abuse Prevention and Treatment Act,\11\ (CAPTA),
is the primary federal law that supports treatment and
prevention of child abuse and neglect prior to child entry into
the child welfare system. CAPTA provides funding and
requirements for state responses to child abuse and neglect as
well as funding for research and technical assistance related
to child abuse and neglect. CAPTA also represents the sole
federal source of funding for primary prevention of child abuse
and neglect. CAPTA funding authorizations, extended most
recently in 2010, expired in 2015. A worrisome rise in the rate
of child abuse and neglect since the expiration of CAPTA
authorizations called for a comprehensive reauthorization of
the law to ensure states are meeting increased need for both
responses to and prevention of child abuse and neglect.
---------------------------------------------------------------------------
\11\Pub L. 93-247, 88 Stat. 4 (1974).
---------------------------------------------------------------------------
ADDRESSING THE RISE IN THE PREVALENCE OF CHILD ABUSE AND NEGLECT
ASSOCIATED WITH THE OPIOID CRISIS
Historically, the United States has generally experienced
steady declines in the rate of child abuse and neglect. For the
two decades between 1990 and 2009, rates of child abuse and
neglect decreased continuously. However, starting at the turn
of the decade, rates of abuse and neglect plateaued, and since
2013, rates have risen.\12\ This rise has coincided with the
emergence of the opioid crisis that has devasted communities
across the country. Federal data show that the percentage of
victims whose parents abuse drugs has increased rapidly since
2012, from 20 percent to 31 percent.\13\ Moreover, data suggest
that some of the states hit hardest by the opioid crisis,
including New Mexico, Kentucky, and Oklahoma, have shown some
of the greatest increases in rates of child abuse and
neglect.\14\
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\12\Child Help. (2017). Child maltreatment: The latest report.
https://www.childhelp.org/blog/child-maltreatment-latest-report/.
\13\U.S. Department of Health and Human Services, Children's
Bureau. (2013). Child maltreatment 2012. Washington, DC: Author.
https://www.acf.hhs.gov/cb/resource/child-maltreatment-2012; U.S.
Department of Health and Human Services, Children's Bureau. (2019).
Child maltreatment 2017. Washington, DC: Author. https://
www.acf.hhs.gov/sites/default/files/cb/cm2017.pdf.
\14\Collins, L. (2017). What's behind the three-year rise in
federal child abuse numbers? Deseret News. https://www.deseretnews.com/
article/865672546/Federal-child-abuse-figures-rose-for-third-year-in-a-
row-and-neglect-is-at-the-top-of-the-list.html.
---------------------------------------------------------------------------
The Committee has acted multiple times to address the
effects of the opioid crisis on child safety through amendments
to CAPTA in recent years.\15\ Although prior Committee actions
have led to improvements in the federal response to the opioid
crisis, more needs to be done to address the full extent of
this devastating crisis on vulnerable young children. In
response to the 10 percent increase in child abuse and neglect
reports the country experienced over the last six years, H.R.
2480 increases the authorization for treatment and response to
$270 million annually. States may direct such funds towards,
among other activities, enhancing treatment quality to better
serve the multiple needs of families facing substance use
disorder or enhancing caseworker professional development to
ensure workers are well prepared and fully supported to face
the emotionally taxing work of supporting families affected by
substance use. Research shows that in some states, as much as
40 percent of the child welfare workforce turns over each
year.\16\ Such high turnover rates can lead to lower quality
services and poor outcomes for families and children who are in
most need of quality supports. Provisions throughout H.R. 2480
promote caseworker education and professional development. When
the Committee refers to professional development and education
in Secs. 106(b)(2)(A)(v) and 106(b)(2)(D)(vii), the change from
``training'' to ``education'' or ``professional development''
is not meant to change current practice.
---------------------------------------------------------------------------
\15\See supra ``Committee Actio
\16\Casey Family Programs. (2017). How does turnover affect
outcomes and what can be done to address retention? Washington, DC:
Author. https://www.casey.org/turnover-costs-and-retention-strategies/.
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Several other provisions throughout H.R. 2480 also address
the need for further Congressional action related to the rise
in child abuse and neglect related to the opioid epidemic. For
example, H.R. 2480 directs the Secretary to conduct research
and provide technical assistance focused on improving service
delivery for families experiencing substance use disorder so
that such families receive effective treatment that ensures
children's safety and well-being. Moreover, H.R. 2480 provides
the Secretary the discretion to award grants to states, Indian
Tribes, or organizations to carry out strategies that reduce
child abuse and neglect due to parental substance use and to
establish a hotline where youth and adults seeking help can
call for immediate support. H.R. 2480 also supports states in
creating and expanding partnerships among public and private
agencies that support families involved in the child welfare
system, including substance use disorder treatment providers,
so that families receive comprehensive supports to address
their complex needs.
The Committee is also committed to addressing the
unintended consequences of prior Congressional action on the
issue of parental substance use disorder. Congress amended
CAPTA through the Comprehensive Addition and Recovery Act of
2016,\17\ to ensure that plans of safe care were not limited to
infants exposed to illegal substance abuse. Although this
change was intended to support infants whose exposure to
substance abuse resulted from legal opioid mediation, it has
had unintendedly broad consequences. According to a report from
the GAO, many states have interpreted this change in
legislation to mean that any child exposed to any drug in utero
should receive a plan of safe care and be reported to child
protective services.\18\ Further, 17 states now initiate child
protective services investigations for all drug-affected
infants, regardless of the type of substance to which such
infants were exposed. This represents an overly broad
interpretation of the law and has led to the misallocation of
scant resources to families who do not need to be investigated.
Moreover, these policies likely create a disincentive for
mothers from taking needed prescription medication during
pregnancy and may even deter mothers seeking critically
important prenatal care. As was discussed at the Committee
markup, we continue to work to ensure that plans of safe care
continue to support vulnerable infants but do not have negative
consequences for mothers who are taking the necessary steps to
maintain their and their baby's health intact during pregnancy.
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\17\Pub. L. 114-198, 130 Stat. 695 (2016).
\18\U.S. Government Accountability Office. (2018). Substance-
affected infants: Additional guidance would help states better
implement protections for children. Washington, DC: U.S. Government
Printing Office.
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STRENGTHENING THE FOCUS ON PREVENTION FOR STRONGER FAMILIES
In addition to supporting the treatment of children and
families who have experienced child abuse or neglect, the
federal government also plays a critical role in funding
prevention efforts that protect vulnerable children from ever
experiencing child abuse and neglect. Prevention efforts that
focus on strengthening families have been shown to effectively
reduce instances of child abuse and neglect, sparing children
from the lifelong consequences of maltreatment.\19\ Research
shows that home visiting programs, for example, reduce
instances of child abuse and neglect by as much as 22 percent
state-wide.\20\ Preliminary evidence also shows that peer-to-
peer support groups can effectively reduce child abuse and
neglect and increase parent resiliency.\21\ Cost-benefit
analyses demonstrate that investments in prevention yield
significant savings as they reduce costs associated with
increased health care and special education provisions, and
criminal justice involvement.
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\19\Fortson, B.L., Klevens, J., Merrick, M.T., Gilbert, L.K., &
Alexander, S.P. (2016). Preventing child abuse and neglect: A technical
package for policy, norm, and programmatic activities. Atlanta, GA:
National Center for Injury Prevention and Control, Centers for Disease
Control and Prevention. https://www.cdc.gov/violenceprevention/pdf/CAN-
Prevention-Technical-Package.pdf.
\20\Administration for Children and Families. (n.d.). Reductions in
child maltreatment. https://homvee.acf.hhs.gov/Outcome/2/Reductions-in-
Child-Maltreatment/4/1; Fitzgerald, M. (2018). New evidence suggests
home visiting can prevent child neglect. The Chronicle of Social
Change. https://chronicleofsocialchange.org/child-welfare-2/new-
evidence-home-visiting-can-prevent-child-neglect.
\21\The California Evidence-Based Clearinghouse. (2018). Parents
Anonymous. https://www.cebc4cw.org/program/parents-anonymous/.
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Evidence shows that prevention strategies are effective and
can yield significant cost-savings.\22\ The Committee believes
Congress should fund prevention at levels that can fully meet
the need of families across the country. H.R. 2480 follows work
from last Congress and represents the next step forward on this
path toward better prevention. For example, the bill
significantly strengthens the quality of prevention services by
encouraging states to take a public health approach toward
prevention of child abuse and neglect that builds strong
connections between child welfare agencies and other public
agencies that serve vulnerable populations. Comprehensively
supporting the complex needs of vulnerable families is a vital
component in tackling the root causes of child abuse and
neglect.
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\22\Ringel, J.S. et al (2017). Improving child welfare outcomes:
Balancing investment in prevention and treatment. Washington, DC: RAND
Corporation; Evans, A. & Shoemaker, J.A. (2016). Early childhood home
visitation programs in Arizona: A benefit-cost analysis. Phoenix, AZ:
Arizona Department of Health Services.
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In order to support increased quality in and scope of
prevention services, H.R. 2480 increases the authorization for
prevention activities to match the authorization level provided
for treatment, which signals the Committee's acknowledgement
that prevention is key to improving children's lives.
Appropriation at the authorized amount will allow for an
expansion of both primary and targeted services that could
reach as many as 3 million children and families a year and
yield as much as $2.3 billion in savings annually.
IMPROVING DATA INFRASTRUCTURE TO BETTER UNDERSTAND AND RESPOND TO CHILD
ABUSE AND NEGLECT
Much of the data on which Congress and experts across the
country rely to understand the scope of child abuse and neglect
comes directly from states. Although CAPTA requires states to
provide data on child abuse and neglect to the Secretary, the
law does not set guidelines for how such data should be
measured or collected. This system provides states with the
autonomy to gather and report data as they see fit. Differences
in state methodologies for collecting data, though supportive
of state flexibility, can represent a significant limitation to
our understanding of the true scope of child abuse and neglect.
Recently, the Commission to Eliminate Child Abuse and Neglect
Fatalities\23\ reported that due to the lack of uniform
standards for data collection, many states undercount the
number of child fatalities and near fatalities that result from
child abuse and neglect.\24\ Estimates show that state data
capture only half of all children who die following instances
of abuse and neglect.\25\
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\23\Established by the Protect Our Kids Act of 2012, Pub. L. No.
112-275, 126 Stat. 2460 (2013).
\24\Commission to Eliminate Child Abuse and Neglect Fatalities.
(2016). Within our reach: A national strategy to eliminate child abuse
and neglect fatalities. Washington, DC: Government Printing Office.
\25\Ibid.
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Without the appropriate tools to truly understand how many
young lives are affected by this issue, Congress cannot
adequately respond. H.R. 2480 addresses this limitation by
requiring the Secretary to develop uniform standards for the
tracking and counting of fatalities and near fatalities so that
all children whose lives are tragically lost to abuse and
neglect are properly identified and the full scope of the issue
is understood.
Another major limitation related to current child abuse and
neglect data practices centers around the sharing of these
data. States collect and store information related to child
protective services cases on state-level child abuse and
neglect registries. Such registries play a critical role in
ensuring child safety by providing historical information that
informs case workers' responses to new reports of abuse and
neglect. Specifically, case workers can use the data on each
family's history of child abuse and neglect to tailor their
responses and better allocate scarce time and monetary
resources to ensure the safety and well-being of all children.
It is vital for states to have access to the information
contained in these registries. When parents or caregivers who
have abused children move across state lines, that family's
prior history is not known to the new state. As such, case
workers in the new state are not able to respond to reports of
abuse and neglect with the proper and necessary measures to
keep children safe. This limitation has resulted in several
fatal cases of child abuse and neglect.\26\
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\26\Edwards, J. (2018). Disabled 11-year-old girl was forced to
stand for hours, beaten until she died, prosecutor says. The Virginian-
Pilot. https://pilotonline.com/news/local/crime/article_e07feb16-6431-
11e8-998f-9f1e365c3e53.html; Neuman, S. (2018). Family in SUV may have
intentionally driven off cliff, police say. Washington, DC: NPR.
https://www.npr.org/sections/thetwo-way/2018/04/02/598754781/family-in-
suv-may-have-intentionally-driven-off-cliff-police-say.
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H.R. 2480 provides a bold response to this calamitous
problem. The legislation ensures states are able to address
shortcomings of current data infrastructure so that no more
children are lost due to the inability to share data between
states. Specifically, H.R. 2480 builds on state-level child
welfare system data improvement initiatives enacted through the
Family First Prevention Services Act to put in place the
technological infrastructure for states to easily, quickly, and
securely share data about families who have come into contact
with child protective services. This will mean that when a
family comes to the attention of child protective services in
one state, case workers will have the tools to immediately
learn whether the family has a history of child abuse and
neglect in their prior states of residence.
The electronic data exchange system is meant to be limited
solely to uses related to child safety. Only non-federal
governmental entities will be allowed to access the electronic
data exchange system and only in cases where doing so would
contribute to the safety of a child. As outlined above, the
intent of the electronic data exchange system will be for case
workers to learn information about a family's prior history
with child abuse and neglect in other states. Governmental
agencies will also be allowed to use the electronic data
exchange system for other activities as long as those
activities are directly related to ensuring the safety of a
child.
During the initial two years of implementation, the
Secretary will conduct a pilot of the electronic data exchange
system within a limited set of states. The goal of this pilot
phase will be to generate recommendations for the policies and
governance standards that undergird the electronic data
exchange system to ensure the success of the full
implementation of the electronic data exchange system. Full
implementation, as described in the legislation, refers to the
implementation of the electronic data exchange system across
all states.
The Secretary will also convene a working group tasked with
making recommendations on: (1) improving state-to-state
communication through the electronic data exchange system; (2)
reducing barriers to and establishing best practices for States
to provide timely responses to requests made on the electronic
data exchange system; (3) making publicly available on state
websites the definitions and standards of substantiated child
abuse and neglect in each state; (4) identifying similarities
and discrepancies in background check requirements across
CAPTA, the Child Care and Development Block Grant Act of
1990,\27\ and part E of title IV of the Social Security
Act;\28\ and, (5) ensuring due process for individuals placed
on state child abuse and neglect registries.
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\27\42 U.S.C. 9858 et seq. (2012).
\28\42 U.S.C. 670 et seq. (2012).
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In drafting these provisions, the Committee was concerned
that state child abuse and neglect registries may lack
sufficient due process protections for individuals placed on
such registries. In recognition of this fact, the Committee has
taken steps to encourage improvements in due process in state
child abuse and neglect registries prior to the full
implementation of the electronic data exchange system. First,
as described above, the working group will be tasked with
providing recommendations on how to ensure due process in state
child abuse and neglect registries. The working group will make
recommendations concerning the level of evidence necessary for
inclusion in the registry, the process for notifying
individuals of inclusion in the registry, the process for
individuals to challenge inclusion in the registry, and the
length of time an individual's record should remain in the
registry. The working group will be further tasked with
providing recommendations for when records on the registry may
be made accessible to: the public, those performing employment
checks, and those accessing the electronic data exchange
system. Following the provision of such recommendations and
prior to states participating in the electronic data exchange
system, each state will be required to provide to the Secretary
an assurance that its child abuse and neglect registry provides
procedural due process protections to individuals placed on the
registry. The Committee envisions these provisions as strong
safeguards for due process protections.
The Secretary may rely on recommendations from the pilot
and the working group to inform the full implementation of the
electronic data exchange system nation-wide. States will have
until December 31, 2027 to fully participate in the electronic
data exchange system. In order to ensure a successful,
thoughtful approach to the development and implementation of
the electronic data exchange system, H.R. 2480 reserves $2
million in appropriations per year for fiscal years 2020 and
2021 for activities related to the electronic data exchange
system, particularly the completion of the pilot. The
legislation reserves $1 million in appropriations per year for
fiscal years 2022 through 2025 for the full implementation of
the electronic data exchange system.
KEEPING CHILDREN SAFE FROM SYSTEMIC CHILD SEXUAL ABUSE
Since the last CAPTA reauthorization, information regarding
the prevalence of systemic child sexual abuse in organizations
that serve children has come to the attention of Congress and
the public generally. These acts occur in the shadows of the
organizations Americans everywhere entrust their children with.
This is the time to act to prevent any more children from
falling prey to these abuses.
H.R. 2480 requires that each state task force established
under current law examine and make recommendations focused on
preventing systemic child sexual abuse. To do so, state task
forces shall be expanded to include family court judges,
individuals from religious organizations, and individuals from
youth-serving organizations, such as those currently implicated
in systemic sexual abuse cases across the nation. State task
forces are also strengthened by the participation of
representatives from Children's Advocacy Centers (CACs), the
national experts supporting children when interacting with law
enforcement. CACs help young victims successfully navigate
cases related to sexual abuse without inflicting additional
trauma on the victim.
H.R. 2480 charges state task forces with the important
responsibility to examine how to help prevent child sexual
abuse from occurring in any organization serving children. The
bill charges the task forces with making recommendations on how
to detect systemic child sexual abuse and how to prevent such
abuse, including through an examination of the efficacy of
State laws related to systemic child sexual abuse that deter or
prevent such abuse. The Committee expects that this examination
of deterrence required in the legislation will include
examining statutes that provide remedies for victims of child
sexual abuse.
SAFEGUARDING POPULATIONS VULNERABLE TO CHILD ABUSE AND NEGLECT
The tragedy of child abuse and neglect is not restricted to
any particular background or socioeconomic status; it impacts
children and families from all walks of life. Yet, certain
populations have historically been more vulnerable to abuse and
neglect than others. Understanding which populations are truly
vulnerable allows states and the federal government to target
resources to those most at-risk, and determining which
disparities are driven by bias will allow agencies to make
systemic improvements to child welfare systems.
Children below age four, and in particular infants below
the age of one, are at highest risk of becoming victims of
child abuse and neglect.\29\ Children under the age of four are
three times more likely to be abused than older teenagers, and
infants below age one are four times as likely.\30\ Supporting
parents during the transition into parenthood is one of the
most effective strategies in the fight against child abuse and
neglect. As such, several provisions in H.R. 2480 encourage
states to focus prevention efforts on the parents of young
children. The bill also allows the Secretary to fund
demonstration projects aimed at identifying and testing
effective practices to improve the detection and management of
sentinel injuries, the injuries indicative of potential abuse
in infants.
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\29\Centers for Disease Control. Violence prevention: Child abuse
and neglect. Washington, DC: Author. https://www.cdc.gov/
violenceprevention/childabuseandneglect/riskprotectivefactors.html.
\30\Child Trends. (2018). Child maltreatment. Bethesda, MD: Author.
https://www.childtrends.org/indicators/child-maltreatment.
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Research also demonstrates that Black and Native American
children are disproportionally represented in the child
protective services system.\31\ Although Black children only
represent 14 percent of the child population, they represent 23
percent of all child abuse and neglect victims. Native
Americans represent 1.3 percent of all victims despite
representing only 0.9 percent of the child population. Research
shows that racial biases account for a large proportion of
these disparities.\32\ H.R. 2480 directs states to address such
inequities by engaging in efforts to reduce racial bias in
child protective services, and tasks the Secretary with
providing technical assistance on such efforts and with
establishing methods that promote racial equity in the child
welfare system. The legislation also ensures that prevention
funding goes towards improving access to such services for
diverse populations, including racial and ethnic minorities.
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\31\Ibid.
\32\Child Welfare Information Gateway. (2016). Racial
disproportionality and disparity in child welfare. https://
www.childwelfare.gov/pubpdfs/racial_disproportionality.pdf.
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Inequities by socioeconomic status also persist in child
protective services.\33\ Due to the complex association between
neglect and socioeconomic status, many families who struggle to
provide for their children can become at risk of entering the
child welfare system. Yet this does a disservice to young
children and their families. Removing children unnecessarily
from loving homes can inflict long-lasting trauma. Instead,
families struggling with poverty should receive services and
benefits that empower them to become financially stable so that
they can stay ensure a safe and healthy childhood for their
children. H.R. 2480 promotes this approach by directing the
Secretary to provide grants to entities to carry out programs
or strategies that reduce child neglect due to economic
insecurity. Further, provisions in H.R. 2480 ensure that
children are not removed from their families due solely to
poverty.
---------------------------------------------------------------------------
\33\Eckenrode, J., Smith, E. G., McCarthy, M. E., & Dineen, M.
(2014). Income inequality and child maltreatment in the United States.
Pediatrics, 133, 454-461.
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Although the youngest children are most vulnerable to child
abuse and neglect, exemptions for the minimum age of marriage
across almost every state in the nation place youth at risk of
abuse at the hands of adult perpetrators. In 49 of the 50
states in the country, statutory exceptions allow children
under the age of 18 to enter into marriage.\34\ In seven
states, the minimum age of marriage can be waived for girls who
become pregnant.\35\ Allowing for such provisions can have
dangerous consequences for many young Americans. In many states
around the country, an act that would be considered child
sexual abuse in any other context is sanctioned if that young
child is forced into marriage. H.R. 2480 seeks to shed light
onto the effect of child marriage on the safety of children
across the nation. The legislation requires the Secretary to
examine state laws relating to the minimum marriage age and how
such laws affect child safety. Such study will include an
examination of state exceptions to the minimum marriage age as
well, and a thorough investigation into whether such exceptions
allow children to be married without their consent.
---------------------------------------------------------------------------
\34\Tahirih Justice Center. (2018). Understanding state statutes on
minimum marriage age and exceptions. Falls Church, VA: Author. https://
www.tahirih.org/wp-content/uploads/2016/11/2018-State-Marriage-Age-
Requirements-Statutory-Compilation.pdf.
\35\Ibid.
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STRENGTHENING ADOPTIONS TO ENSURE THE SAFETY OF ADOPTED CHILDREN
In September 2013, an investigative report uncovered the
quiet and devastating phenomenon of unregulated child custody
transfers.\36\ Also referred to as ``re-homing,'' unregulated
child custody transfers occur when parents seek new homes for
their children outside the purview of the courts or the child
welfare system. A 2015 GAO report identified several social
media sites in which parents across the country were looking to
find new homes for their children outside legal mechanisms.\37\
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\36\Twohey, N. (2013). Americans use the internet to abandon
children adopted from overseas. London, UK: Reuters News.
\37\U.S. Government Accountability Office. (2015). Child welfare:
Steps have been taken to address unregulated custody transfers of
adopted children. Washington, DC U.S. Government Printing Office.
---------------------------------------------------------------------------
The practice of placing children under the care of unvetted
and oftentimes unknown adults can have grave consequences for
already vulnerable children. The GAO found that many children
who underwent unregulated custody transfers were
internationally adopted children who suffered from serious
behavioral and mental health conditions in need of specific and
careful care to thrive.\38\ The GAO found that the burden of
taking care of children with such high needs was in many cases
the leading factor in prompting parents to seek new homes.
Placing high-needs children in new homes without providing the
new caregivers any of the supports available through legal
adoptions places children at even higher risk of failing to
thrive.
---------------------------------------------------------------------------
\38\Ibid.
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H.R. 2480 is the first federal law to address the issue of
unregulated custody transfers. In response to the lack of
comprehensive data on unregulated custody transfers, the
legislation requires the Secretary to examine the prevalence as
well as the causes and effects of such transfers. In addition,
the legislation requires the Secretary to provide guidance and
technical assistance to states on policies that prevent,
identify, and respond to unregulated custody transfers. H.R.
2480 also strengthens post-legal adoption services, which the
GAO identified as important supports that may reduce instances
of unregulated custody transfers. Moreover, the bill
strengthens federal supports for adoptions of sexual and gender
minority youth, who are disproportionately represented in the
foster care system.
CONCLUSION
Congress has charged this Committee with the legislative
responsibility to assist in eradicating the child abuse and
neglect crisis. As the opioid epidemic continues to devastate
families all across the country, Congress must do more to help
vulnerable children. H.R. 2480 represents a bold, bipartisan
response to this crisis. This legislation, which has received
support from the American Academy of Pediatrics, the American
Psychological Association, and the National Child Abuse
Coalition,\39\ will improve the lives of millions of children
by ensuring that those who have experienced abuse or neglect
receive high-quality treatment services and those at-risk of
abuse or neglect receive prevention services that prevent harm
from ever occurring. The legislation will also improve the
child abuse and neglect data infrastructure to ensure that
states collect accurate and reliable data on child fatalities
and that states are able to access information on previous
incidents to support data-informed responses to reports of
child abuse and neglect. At the same time, H.R. 2480
strengthens due process protections and provides education for
workers in the child protective services system about parent
and family rights in order to ensure fair investigations and
combat unfounded and false reports. The Committee recommends
Congress adopt the amendments to H.R. 2480 passed at the
Committee markup and pass this bill that will invest in
families to improve the health and safety of our nation's
children.
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\39\https://edlabor.house.gov/download/american-academy-of-
pediatrics-supports-the-stronger-child-abuse-prevention-and-treatment-
act-capta; https://edlabor.house.gov/download/american-psychological-
association-supports-the-stronger-child-abuse-prevention-and-treatment-
act-capta; https://edlabor.house.gov/imo/media/doc/
Coalition%20Letter%20on%20Stronger%20CAPTA.pdf.
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Section-by-Section Analysis
Section 1--Short title
This Act is called ``The Stronger Child Abuse Prevention
and Treatment Act.''
Section 2--Table of contents
This section provides the table of contents of the bill.
TITLE I--GENERAL PROGRAM
Section 101--Repeal of findings
This section repeals Section 2 (Congressional Findings) of
the ``Child Abuse and Prevention Treatment Act'' (CAPTA).
Section 102--Repeal of Advisory Board on Child Abuse and Neglect
This section repeals Section 102 (Advisory Board on Child
Abuse and Neglect) of CAPTA.
Section 103--National clearinghouse for information relating to child
abuse
This section amends Section 103 of CAPTA to require the
Secretary of Health and Human Services (HHS) to develop and
issue regulations establishing uniform national standards for
tracking and reporting of child fatalities and near-fatalities
resulting from child abuse and neglect through negotiated
rulemaking. This provision would permit all states to maintain
current definitions or descriptions of such fatalities for all
purposes other than tracking and reporting.
Section 104--Research and assistance activities
This section amends Section 104 of CAPTA to:
Update and streamline allowed topics for research
and technical assistance conducted by the Secretary of HHS to
focus on issues that have been understudied and are relevant to
current challenges faced by the child welfare workforce. These
updated research topics include:
Disseminating evidence-based treatments for
individuals and families experiencing trauma due to
child abuse or neglect;
Improving outcomes for families experiencing
domestic violence or substance use disorders; and
Determining methods for ensuring all families,
regardless of racial background, are served in the
child welfare system.
Repeal demonstration grants, which will be funded
through grants in Section 105.
Section 105--Grants to States, Indian tribes or tribal organizations,
and public or private agencies and organizations
This section amends Section 105 of CAPTA to:
Update and streamline the purposes of grants made
under this section to focus on providing effective treatment
and prevention services. Topics of focus for such grants
include:
Providing professional development for workers
in the prevention, identification, and treatment of
child abuse and neglect;
Addressing traumatic stress in families who
experience high levels of adverse childhood
experiences;
Improving coordination within the child
welfare system;
Reducing findings of child neglect due to the
economic insecurity of a family;
Reducing findings of child neglect due to the
substance use disorder of a parent or caregiver;
Improving primary prevention programs at the
community level;
Providing for a 24-hour, national hotline; and
Developing education for mandatory reporters.
Require that projects funded through grants under
this section establish quantifiable goals and submit to the
Secretary of HHS an evaluation of effectiveness.
Require that the Secretary of HHS only award
continuing grants to projects that demonstrate effectiveness.
Section 106--Grants to States for child abuse or neglect prevention and
treatment programs
This section amends Section 106 of CAPTA to:
Update and streamline the purposes of state grants
meant to improve and support child protective service systems
to focus on helping states provide effective services and
develop an educated workforce.
Update the requirements of state plans to ensure
that states develop thorough, strategic plans to treat and
prevent child abuse and neglect in consultation with families
and professionals involved in child welfare systems.
Require that states address reports concerning a
child's living arrangements or subsistence needs through
services or benefits and that children are not removed from
their homes due to poverty.
Require that all states establish three citizen
review panels and require that reports from citizen review
panels to the state and the public include certain information.
Section 107--Miscellaneous requirements
This section amends Section 108 of CAPTA to require that
state task forces established under Section 107 of current
CAPTA law make recommendations to their state for how to detect
and prevent systemic child sexual abuse. The recommendations
will also:
Highlight best practices for providing age
appropriate education for children, and education for parents
about risk factors or signs of potential child sexual abuse;
Examine current state laws addressing child sexual
abuse; and
Examine the feasibility of making available the
relationship of the perpetrator to the victim.
The task force is required to submit such recommendations
to the state and the state is required to report to the
Secretary of HHS the status of adopting such recommendations.
Section 108--Reports
This section amends Section 110 of CAPTA to repeal studies
that have been previously completed and requires the Secretary
of HHS to carry out four new studies. One study will examine
the challenges to and best practices for the scalability of
treatments that reduce the trauma resulting from child abuse
and neglect and reduce revictimization. A second study will
examine and make recommendations concerning child abuse and
neglect in Indian Tribal communities. A third study will
examine state laws related to mandatory reporting of child
abuse and neglect and state differences in referrals and
investigations of child abuse and neglect due to differences in
such laws. A fourth study will examine state laws regarding the
minimum marriage age, the prevalence of marriage involving a
child under the minimum marriage age, and the extent to which
exceptions to the minimum marriage age impact children's
safety.
Section 109--Authorization of appropriations
This section amends Section 112 of CAPTA to set the
authorization level for Title I at $270 million for fiscal year
2020 and such sums as may be necessary for fiscal years 2021
through 2025. The section also places a cap of $100 million on
discretionary activities and requires states to use no more
than two percent of appropriations exceeding fiscal year 2019
levels on administrative expenses.
Section 110--National electronic interstate data exchange system
This section requires the Secretary of HHS to establish an
electronic interstate data exchange system that allows states
to share information from their child abuse and neglect
registries with other states for purposes of child safety.
Prior to rolling out the data exchange system nationwide, the
Secretary must convene a working group to provide
recommendations on best practices for data sharing and due
process on state registries and must conduct a pilot of the
data exchange system. States that receive funds from grants
outlined in Section 106 are required to participate in the
electronic interstate data exchange system, to the fullest
extent possible, by 2027 and must provide an assurance that
their state child abuse and neglect registry provides due
process for individuals placed on the registry. There are $2
million reserved from funds appropriated in Section 109 to
carry out the work of this section in each of fiscal years 2020
and 2021, and $1 million in each of fiscal years 2022 through
2025.
Section 111--Technical and conforming amendments
This section makes technical and conforming amendments to
CAPTA.
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
Section 201--Purpose and authority
This section amends Section 201 of CAPTA to:
Establish the purposes of Title II as: (1)
establishing and maintaining support for community-based family
strengthening services and statewide systems-building
approaches that ensure the development, operation, expansion,
coordination, and evaluation of services, initiatives,
programs, and activities that prevent child abuse and neglect,
and (2) promoting improved access for diverse populations.
Update the purposes of Title II grants to focus on
the development of statewide networks of family strengthening
services that provide a continuum of preventive services.
Section 202--Eligibility
This section amends Section 202 of CAPTA to ensure
Governors consider all entities requesting to be designated as
lead entities and to ensure that the lead entity has
demonstrated ongoing meaningful partnerships with parents and
will work in partnership with vulnerable and diverse
populations.
Section 203--Amount of grant
This section amends Section 203 of CAPTA to increase the
reservation for Indian tribes and tribal organizations and
migrant programs to five percent, except during years when
increasing the reservation would cause the total amount
allotted to states to be lower than the amount allotted in
fiscal year 2019. This section also requires the lead entity to
use no more than 10 percent of appropriations exceeding fiscal
year 2019 levels on administrative expenses.
Section 204--Application
This section amends Section 204 of CAPTA to:
Update the term ``community-based and prevention-
focused programs and activities designed to strengthen and
support families'' to ``community-based family strengthening
services.''
Require states to describe their capacity to
involve parents in decision making and their plan for carrying
out the requirements of this title.
Require states to describe how they plan to
incorporate evidence-based research in the process of selecting
community-based programs.
Require states to provide an assurance that when
issuing regulations to improve community-based family
strengthening services, states take into account how new
regulations impact activities under this act in an effort to
avoid duplication, minimize compliance costs, and maximize
local flexibility, when appropriate.
Section 205--Local program requirements
This section amends Section 205 of CAPTA to:
Require that grants from the lead agency be used
to develop, implement, operate, expand, and enhance community-
based family strengthening services designed to prevent child
abuse and neglect.
Require that, in awarding grants, the lead agency
consider the grantee's capacity to address the identified needs
of the community and to form collaborations with parents and
other service providers.
Require that funds from the lead agency be used
for community-based family-strengthening services designed to
prevent child abuse and neglect, which may include a variety of
activities.
Section 206--Performance measures
This section amends Section 206 of CAPTA to update the term
``community-based and prevention-focused programs and
activities designed to strengthen and support families'' to
``community-based family strengthening services'' and to
require that states report specific data on the number of
programs funded and the number of families served to the
Secretary of HHS.
Section 207--National network for community-based family resource
programs
This section amends Section 207 of CAPTA to restrict funds
for technical assistance to no more than 5 percent of
appropriations for this title.
Section 208--Definitions
This section amends Section 208 of CAPTA to update the term
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect'' to ``community-
based family strengthening services.''
Section 209--Rule of construction
This section creates a special rule so that no
grandparents, kinship care providers, foster parents, adoptive
parents, or persons acting in a parental role can be prohibited
from receiving or participating in services funded under this
title.
Section 210--Authorization of appropriations
This section amends Section 209 of CAPTA to set the
authorization level for Title II at $270 million for fiscal
year 2020 and such sums as may be necessary for fiscal years
2021 through 2025. This section also allows states to provide
in-kind contributions towards the amount of the state match
that exceeds the state match in fiscal year 2019.
Section 211--Study and report
This section requires the Secretary of HHS to carry out a
new study examining: (1) how many families and children are
served annually in relation to appropriations levels over the
three years following the enactment of the reauthorization and
(2) program effectiveness. The Secretary of HHS is required to
provide the Committee on Education and Labor of the House of
Representatives a report summarizing the results of the study
no later than four years after the enactment of this Act.
TITLE III--ADOPTION OPPORTUNITIES
Section 301--Purpose
This section repeals Subsection 201(a) (Findings) of CAPTA
and amends Section 201(b) to include sexual and gender minority
youth in the list of children who would benefit from adoption
and includes post-legal adoption services in the purpose of
this title.
Section 302--Report and guidance on unregulated custody transfers
This section requires the Secretary of HHS to draft a
report examining unregulated custody transfers in the United
States, including, among other information, recommendations for
preventing, identifying, and responding to such transfers. The
section further requires the Secretary of HHS to issue guidance
and technical assistance to states based on the recommendations
that arise from the report.
Section 303--Information and services
This section amends Section 203 of CAPTA to enhance
adoption services and to include Indian tribes as possible
grantees for funding aimed at improving cross-jurisdictional
adoptions.
Section 304--Study and report on successful adoptions
This section amends Section 204 of CAPTA to repeal studies
that have been previously completed and requires that the
Secretary complete a study examining factors, one of which
shall be parental substance use disorder, that affect adoption
outcomes.
Section 305--Authorization of appropriations
This section amends Section 205 of CAPTA to extend the
authorization from fiscal year 2020 through fiscal year 2025.
Explanation of Amendments
The ANS is explained in other descriptive portions of this
report.
Application of Law to the Legislative Branch
H.R. 2480 does not apply to terms and conditions of
employment or to access to public services or accommodations
within the legislative branch.
Unfunded Mandate Statement
Pursuant to Section 423 of the Congressional Budget and
Impoundment Control Act (as amended by Section 101(a)(2) of the
Unfunded Mandates Reform Act, Pub. L. 104-4), the Committee
adopts as its own the estimate of federal mandates regarding
H.R. 2480, as amended, prepared by the Director of the
Congressional Budget Office.
Earmark Statement
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2480 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as described in clauses 9(e), 9(f), and 9(g) of Rule
XXI.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that no
roll call votes occurred during the Committee's consideration
of H.R. 2480.
Statement of Performance Goals and Objectives
Pursuant to clause (3)(c) of rule XIII of the Rules of the
House of Representatives, the goals of H.R. 2480 are to
reauthorize and strengthen federal programs to prevent and
treat child abuse and neglect.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee states that no
provision of H.R. 2480 establishes or reauthorizes a program of
the Federal Government known to be duplicative of another
federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Hearings
For the purposes of Section 103(i) of H. Res. 6 for the
116th Congress--
On March 26, 2019, the Subcommittee on Civil Rights and
Human Services held a legislative hearing titled
``Strengthening Prevention and Treatment of Child Abuse and
Neglect,'' which was used to inform the development of H.R.
2480. The Subcommittee heard testimony on the following topics:
the prevalence of child abuse and neglect; effective prevention
strategies to address child abuse and neglect before it occurs;
and unmet need for treatment and prevention. The Subcommittee
heard testimony from: Yo Jackson, Professor and Associate
Director of the Child Maltreatment Solutions Network at Penn
State University, State College, PA; Judy King, Director of
Family Support Programs at the Washington State Department of
Children, Youth and Families, Olympia, WA; Bradley Thomas, CEO
of Triple P America, Columbia, SC; and LaCrisha Rose, parent,
Miami, WV.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with Clause 3(c)(1) of rule XIII and Clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
New Budget Authority and CBO Cost Estimate
Pursuant to Clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and Section 308(a) of the
Congressional Budget Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and Section 402 of the Congressional Budget Act
of 1974, the Committee has received the following estimate for
H.R. 2480 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 14, 2019.
Hon. Bobby Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2480, the Stronger
Child Abuse Prevention and Treatment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jennifer
Gray.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2480 would reauthorize and amend the Child Abuse
Prevention and Treatment Act (CAPTA) and title II of the Child
Abuse Prevention and Treatment and Adoption Reform Act of 1978.
The bill would specifically authorize the appropriation of $580
million in 2020 and whatever amounts are necessary for each
year from 2021 through 2025 for programs in those acts. The
authorizations for those programs expired at the end of 2015,
although the Department of Health and Human Services has
continued to allocate funds for those programs. In 2019, that
allocation was about $197 million. The bill would reauthorize
and amend:
CAPTA state grants and child abuse
discretionary activities (title I of the bill),
Community-based child abuse prevention (title
II of the bill), and
Adoption opportunities (title III of the
bill).
For this estimate, CBO assumes that H.R. 2480 will be
enacted before the beginning of fiscal year 2020 and that the
amounts authorized for 2020 will be appropriated. For years
2021 through 2025, CBO estimates the authorization amount by
inflating the 2020 amount consistent with CBO's projections of
inflation in the baseline. Estimated outlays are based on
historical spending patterns for those or similar programs. On
that basis, CBO estimates that implementing the bill would cost
$2.1 billion over the 2020-2024 period and $1.6 billion after
2024.
The costs of the legislation, detailed in Table 1, fall
within budget function 500 (education, training, employment,
and social services).
TABLE 1--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2019-2024 2019-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title I:
Estimated Authorization.......................... 0 270 276 281 287 293 299 0 0 0 0 1,407 1,706
Estimated Outlays................................ 0 28 82 152 221 280 286 260 205 133 59 763 1,706
Title II:
Estimated Authorization.......................... 0 270 276 281 287 293 299 0 0 0 0 1,407 1,706
Estimated Outlays................................ 0 81 218 263 276 287 294 208 59 15 5 1,125 1,706
Title III:
Estimated Authorization.......................... 0 40 41 42 43 43 44 0 0 0 0 209 253
Estimated Outlays................................ 0 12 32 39 41 43 43 31 9 2 1 167 253
Total Changes:
Estimated Authorization...................... 0 580 593 604 617 629 642 0 0 0 0 3,023 3,665
Estimated Outlays............................ 0 121 332 454 538 610 623 499 273 150 65 2,055 3,665
--------------------------------------------------------------------------------------------------------------------------------------------------------
The CBO staff contact for this estimate is Jennifer Gray.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 2480.
However, Clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with Clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 2480, as reported, are shown as follows:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, 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):
CHILD ABUSE PREVENTION AND TREATMENT ACT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child Abuse
Prevention and Treatment Act''.
(b) Table of Contents.--The table of contents is as follows:
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
[Sec. 2. Findings.]
Sec. 3. General definitions.
TITLE I--GENERAL PROGRAM
Sec. 101. Office on Child Abuse and Neglect.
[Sec. 102. Advisory Board on Child Abuse and Neglect.]
* * * * * * *
[Sec. 110. Reports.]
Sec. 110. Study and report relating to scaling evidence-based treatment
of child abuse and neglect; study and report on marital age of
consent; study and report on State mandatory reporting laws.
* * * * * * *
Sec. 114. Monitoring and oversight.
Sec. 115. Electronic interstate data exchange system.
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE OR
NEGLECT
* * * * * * *
[Sec. 209. Authorization of appropriations.]
Sec. 209. Rule of construction.
Sec. 210. Authorization of appropriations.
* * * * * * *
[SEC. 2. FINDINGS.
[Congress finds that--
[(1) in fiscal year 2008, approximately 772,000
children were found by States to be victims of child
abuse and neglect;
[(2)(A) more children suffer neglect than any other
form of maltreatment and close to \1/3\ of all child
maltreatment-related fatalities in fiscal year 2008
were attributed to neglect alone; and
[(B) investigations have determined that
approximately 71 percent of children who were victims
of maltreatment in fiscal year 2008 suffered neglect,
16 percent suffered physical abuse, 9 percent suffered
sexual abuse,, 7 percent suffered psychological
maltreatment, 2 percent experienced medical neglect,
and 9 percent were victims of other forms of
maltreatment;
[(3)(A) child abuse or neglect can result in the
death of a child;
[(B) in fiscal year 2008, an estimated 1,740 children
were counted by child protection services to have died
as a result of abuse or neglect; and
[(C) in fiscal year 2008, children younger than 1
year old comprised 45 percent of child maltreatment
fatalities and 72 percent of child maltreatment
fatalities were younger than 4 years of age;
[(4)(A) many of these children and their families
fail to receive adequate protection and treatment; and
[(B) approximately 37 percent of victims of child
abuse did not receive post-investigation services in
fiscal year 2008;
[(5) African-American children, American Indian
children, Alaska Native children, and children of
multiple races and ethnicities experience the highest
rates of child abuse or neglect;
[(6) the problem of child abuse and neglect requires
a comprehensive approach that--
[(A) integrates the work of social service,
legal, health, mental health, domestic violence
services, education, and substance abuse
agencies and community-based organizations;
[(B) strengthens coordination among all
levels of government, and with private
agencies, civic, religious, and professional
organizations, and individual volunteers;
[(C) emphasizes the need for abuse and
neglect prevention, assessment, investigation,
and treatment at the neighborhood level;
[(D) recognizes the need for properly trained
staff with the qualifications needed to carry
out their child protection duties; and
[(E) recognizes the diversity of ethnic,
cultural, and religious beliefs and traditions
that may impact child rearing patterns, while
not allowing the differences in those beliefs
and traditions to enable abuse or neglect;
[(7) 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;
[(8) all elements of American society have a shared
responsibility in responding to child abuse and
neglect;
[(9) 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;
[(10) national policy should strengthen families to
prevent child abuse and neglect, provide support for
needed services to prevent the unnecessary removal of
children from families, and promote the reunification
of families where appropriate;
[(11) 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;
[(12) because both child maltreatment and domestic
violence occur in up to 60 percent of the families in
which either is present, States and communities should
adopt assessments and intervention procedures aimed at
enhancing the safety both of children and victims of
domestic violence;
[(13) 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;
[(14) 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; and
[(15) the Federal Government should provide
leadership and assist communities in their child and
family protection efforts by--
[(A) promoting coordinated planning among all
levels of government;
[(B) generating and sharing knowledge
relevant to child and family protection,
including the development of models for service
delivery;
[(C) strengthening the capacity of States to
assist communities;
[(D) allocating financial resources to assist
States in implementing community plans;
[(E) helping communities to carry out their
child and family protection plans by promoting
the competence of professional,
paraprofessional, and volunteer resources; and
[(F) providing leadership to end the abuse
and neglect of the nation's children and
youth.]
* * * * * * *
TITLE I--GENERAL PROGRAM
* * * * * * *
[SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
[(a) Appointment.--The Secretary may appoint an advisory
board to make recommendations to the Secretary and to the
appropriate committees of Congress concerning specific issues
relating to child abuse and neglect.
[(b) Solicitation of Nominations.--The Secretary shall
publish a notice in the Federal Register soliciting nominations
for the appointment of members of the advisory board under
subsection (a).
[(c) Composition.--In establishing the board under subsection
(a), the Secretary shall appoint members from the general
public who are individuals knowledgeable in child abuse and
neglect prevention, intervention, treatment, or research, and
with due consideration to representation of ethnic or racial
minorities and diverse geographic areas, and who represent--
[(1) law (including the judiciary);
[(2) psychology (including child development);
[(3) social services (including child protective
services);
[(4) health care providers (including pediatricians);
[(5) State and local government;
[(6) organizations providing services to disabled
persons;
[(7) organizations providing services to adolescents;
[(8) teachers;
[(9) parent self-help organizations;
[(10) parents' groups;
[(11) voluntary groups;
[(12) family rights groups;
[(13) children's rights advocates; and
[(14) Indian tribes or tribal organizations.
[(d) Vacancies.--Any vacancy in the membership of the board
shall be filled in the same manner in which the original
appointment was made.
[(e) Election of Officers.--The board shall elect a
chairperson and vice-chairperson at its first meeting from
among the members of the board.
[(f) Duties.--Not later than 1 year after the establishment
of the board under subsection (a), the board shall submit to
the Secretary and the appropriate committees of Congress a
report, or interim report, containing--
[(1) recommendations on coordinating Federal, State,
tribal, and local child abuse and neglect activities
with similar activities at the Federal, State, tribal,
and local level pertaining to family violence
prevention;
[(2) specific modifications needed in Federal, State,
and tribal laws and programs to reduce the number of
unfounded or unsubstantiated reports of child abuse or
neglect while enhancing the ability to identify and
substantiate legitimate cases of child abuse or neglect
which place a child in danger; and
[(3) recommendations for modifications needed to
facilitate coordinated national data collection with
respect to child protection and child welfare.]
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Establishment.--The Secretary shall through the
Department, or by one or more contracts of not less than 3
years duration let through a competition, establish a national
clearinghouse for information relating to child abuse and
neglect.
(b) Functions.--The Secretary shall, through the
clearinghouse established by subsection (a)--
(1) maintain, coordinate, and disseminate information
on effective programs, including early learning
programs and private and community-based programs, that
have demonstrated success with respect to the
prevention, assessment, identification, and treatment
of child abuse or neglect and hold the potential for
broad-scale implementation and replication;
(2) maintain, coordinate, and disseminate information
on the medical diagnosis and treatment of child abuse
and neglect;
(3) maintain and disseminate information on best
practices relating to differential response;
(4) maintain and disseminate information about the
best practices used for achieving improvements in child
protective systems;
(5) maintain and disseminate information about the
requirements of [section 106(b)(2)(B)(iii)] section
106(b)(2)(D)(ii) and best practices relating to the
development of plans of safe care as described in such
section for infants born and identified as being
affected by substance abuse or withdrawal symptoms, or
a Fetal Alcohol Spectrum Disorder;
(6) 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 (42 U.S.C. 5105 note); and
(C) the incidence of any such cases related
to substance abuse;
(7) 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;
(8) 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,
child welfare, substance abuse treatment
services, and domestic violence services
personnel; and
(9) collect and disseminate information, in
conjunction with the National Resource Centers
authorized in section 310(b) of the Family Violence
Prevention and Services Act, on effective programs and
best practices for developing and carrying out
collaboration between entities providing child
protective services and entities providing domestic
violence services.
(c) Coordination With Available Resources.--
(1) In general.--In establishing a national
clearinghouse as required by subsection (a), the
Secretary shall--
(A) consult with other Federal agencies that
operate similar clearinghouses;
(B) consult with the head of each agency
involved with child abuse and neglect on the
development of the components for information
collection and management of such clearinghouse
and on the mechanisms for the sharing of such
information with other Federal agencies and
clearinghouses;
(C) develop a Federal data system involving
the elements under subsection (b) which, to the
extent practicable, coordinates existing
Federal, State, tribal, regional, and local
child welfare data systems which shall
include--
(i) standardized data on false,
unfounded, unsubstantiated, and
substantiated reports;
(ii) information on the number of
deaths due to child abuse and neglect;
(iii) information about the incidence
and characteristics of child abuse and
neglect in circumstances in which
domestic violence is present; [and]
(iv) information about the incidence
and characteristics of child abuse and
neglect in cases related to substance
abuse; and
(v) the number of child fatalities
and near fatalities due to
maltreatment, as reported by States in
accordance with the uniform standards
established pursuant to subsection (d),
and any other relevant information
related to such fatalities;
(D) through a national data collection and
analysis program and in consultation with
appropriate State and local agencies and
experts in the field, collect, compile, and
make available State child abuse and neglect
reporting information which, to the extent
practical, shall be universal and case specific
and integrated with other case-based foster
care and adoption data collected by the
Secretary;
(E) compile, analyze, and publish a summary
of the research conducted under section 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] victims of
child abuse or neglect; and
(G) solicit public comment on the components
of such clearinghouse.
(2) Confidentiality requirement.--In carrying out
paragraph (1)(D), the Secretary shall ensure that
methods are established and implemented to preserve the
confidentiality of records relating to case specific
data.
(d) Uniform Standards for Tracking and Reporting of Child
Fatalities Resulting From Maltreatment.--
(1) Regulations required.--Not later than 24 months
after the date of the enactment of the Stronger Child
Abuse Prevention and Treatment Act, the Secretary shall
develop and issue final regulations establishing
uniform standards for the tracking and reporting of
child fatalities and near-fatalities resulting from
maltreatment. As a condition on eligibility for receipt
of funds under section 106, the standards established
under this paragraph shall be used by States for the
tracking and reporting of such fatalities under
subsection (d) of such section.
(2) Maintenance of state law.--Notwithstanding the
uniform standards developed under paragraph (1), a
State that defines or describes such fatalities for any
purpose other than tracking and reporting under this
subsection may continue to use that definition or
description for such purpose.
(3) Negotiated rulemaking.--In developing regulations
under paragraph (1), the Secretary shall submit such
regulations to a negotiated rulemaking process, which
shall include the participants described in paragraph
(4).
(4) Participants described.--The participants
described in this paragraph are--
(A) State and county officials responsible
for administering the State plans under this
Act and parts B and E of title IV of the Social
Security Act (42 U.S.C. 621 et seq., 670 et
seq.);
(B) child welfare professionals with field
experience;
(C) child welfare researchers;
(D) domestic violence researchers;
(E) domestic violence professionals;
(F) child development professionals;
(G) mental health professionals;
(H) pediatric emergency medicine physicians;
(I) child abuse pediatricians, as certified
by the American Board of Pediatrics, who
specialize in treating victims of child abuse;
(J) forensic pathologists;
(K) public health administrators;
(L) public health researchers;
(M) law enforcement;
(N) family court judges;
(O) prosecutors;
(P) medical examiners and coroners;
(Q) a representative from the National Center
for Fatality Review and Prevention; and
(R) such other individuals and entities as
the Secretary determines to be appropriate.
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 child abuse or neglect and
to improve the well-being of victims of child abuse or
neglect, with at least a portion of such research being
field initiated. Such research program may focus on--
[(A) the nature and scope of child abuse and
neglect;
[(B) causes, prevention, assessment,
identification, treatment, cultural and socio-
economic distinctions, and the consequences of
child abuse and neglect, including the effects
of child abuse and neglect on a child's
development and the identification of
successful early intervention services or other
services that are needed;
[(C) effective approaches to improving the
relationship and attachment of infants and
toddlers who experience child abuse or neglect
with their parents or primary caregivers in
circumstances where reunification is
appropriate;
[(D) appropriate, effective and culturally
sensitive investigative, administrative, and
judicial systems, including multidisciplinary,
coordinated decisionmaking procedures with
respect to cases of child abuse and neglect;
[(E) the evaluation and dissemination of best
practices, including best practices to meet the
needs of special populations, consistent with
the goals of achieving improvements in the
child protective services systems of the States
in accordance with paragraphs (1) through (14)
of section 106(a);
[(F) 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;
[(G) effective practices and programs to
improve activities such as identification,
screening, medical diagnosis, forensic
diagnosis, health evaluations, and services,
including activities that promote collaboration
between--
[(i) the child protective service
system; and
[(ii)(I) the medical community,
including providers of mental health
and developmental disability services;
and
[(II) providers of early childhood
intervention services and special
education for children who have been
victims of child abuse or neglect;
[(H) 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;
[(I) effective collaborations, between the
child protective system and domestic violence
service providers, that provide for the safety
of children exposed to domestic violence and
their nonabusing parents and that improve the
investigations, interventions, delivery of
services, and treatments provided for such
children and families;
[(J) 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;
[(K) the impact of child abuse and neglect on
the incidence and progression of disabilities;
[(L) the nature and scope of effective
practices relating to differential response,
including an analysis of best practices
conducted by the States;
[(M) child abuse and neglect issues facing
Indians, Alaska Natives, and Native Hawaiians,
including providing recommendations for
improving the collection of child abuse and
neglect data from Indian tribes and Native
Hawaiian communities;
[(N) the information on the national
incidence of child abuse and neglect specified
in clauses (i) through (x) of subparagraph (O);
and
[(O) the national incidence of child abuse
and neglect, including--
[(i) the extent to which incidents of
child abuse and neglect are increasing
or decreasing in number and severity;
[(ii) the incidence of substantiated
and unsubstantiated reported child
abuse and neglect cases;
[(iii) the number of substantiated
cases that result in a judicial finding
of child abuse or neglect or related
criminal court convictions;
[(iv) the extent to which the number
of unsubstantiated, unfounded and false
reported cases of child abuse or
neglect have contributed to the
inability of a State to respond
effectively to serious cases of child
abuse or neglect;
[(v) the extent to which the lack of
adequate resources and the lack of
adequate training of individuals
required by law to report suspected
cases of child abuse and neglect have
contributed to the inability of a State
to respond effectively to serious cases
of child abuse and neglect;
[(vi) the number of unsubstantiated,
false, or unfounded reports that have
resulted in a child being placed in
substitute care, and the duration of
such placement;
[(vii) the extent to which
unsubstantiated reports return as more
serious cases of child abuse or
neglect;
[(viii) the incidence and prevalence
of physical, sexual, and emotional
abuse and physical and emotional
neglect in substitute care;
[(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;
[(x) the extent to which reports of
suspected or known instances of child
abuse or neglect involving a potential
combination of jurisdictions, such as
intrastate, interstate, Federal-State,
and State-Tribal, are being screened
out solely on the basis of the cross-
jurisdictional complications; and
[(xi) the incidence and outcomes of
child abuse and neglect 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.]
(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
improve primary prevention of child abuse and neglect,
better protect children from child abuse or neglect,
and improve the well-being of victims of child abuse or
neglect, with at least a portion of such research being
field initiated. Such research program may focus on--
(A) disseminating evidence-based treatment
directed to individuals and families
experiencing trauma due to child abuse and
neglect, including efforts to improve the
scalability of the treatments and programs
being researched;
(B) developing a set of evidence-based
approaches to support child and family well-
being and developing ways to identify, relieve,
and mitigate stressors affecting families in
rural, urban, and suburban communities;
(C) establishing methods to promote racial
equity in the child welfare system, including a
focus on how neglect is defined, how services
are provided, and the unique impact on Native
American, Alaska Native, and Native Hawaiian
communities;
(D) improving service delivery or outcomes
for child welfare service agencies engaged with
families experiencing domestic violence,
substance use disorder, or other complex needs;
(E) the extent to which the number of
unsubstantiated, unfounded, and false reported
cases of child abuse or neglect have
contributed to the inability of a State to
respond effectively to serious cases of child
abuse or neglect;
(F) the extent to which the lack of adequate
resources and the lack of adequate professional
development of individuals required by law to
report suspected cases of child abuse and
neglect have contributed to the inability of a
State to respond effectively to serious cases
of child abuse and neglect;
(G) the extent to which unsubstantiated
reports return as more serious cases of child
abuse or neglect;
(H) the incidence and outcomes of child abuse
and neglect allegations reported within the
context of divorce, custody, or other family
court proceedings, and the interaction between
family courts and the child protective services
system;
(I) the information on the national incidence
of child abuse and neglect specified in clauses
(i) through (xi) of subparagraph (J); and
(J) the national incidence of child abuse and
neglect, including--
(i) the extent to which incidents of
child abuse and neglect are increasing
or decreasing in number and severity;
(ii) the incidence of substantiated
and unsubstantiated reported child
abuse and neglect cases;
(iii) the number of substantiated
cases that result in a judicial finding
of child abuse or neglect or related
criminal court convictions;
(iv) the extent to which the number
of unsubstantiated, unfounded and false
reported cases of child abuse or
neglect have contributed to the
inability of a State to respond
effectively to serious cases of child
abuse or neglect;
(v) the extent to which the lack of
adequate resources and the lack of
adequate education of individuals
required by law to report suspected
cases of child abuse and neglect have
contributed to the inability of a State
to respond effectively to serious cases
of child abuse and neglect;
(vi) the number of unsubstantiated,
false, or unfounded reports that have
resulted in a child being placed in
substitute care, and the duration of
such placement;
(vii) the extent to which
unsubstantiated reports return as more
serious cases of child abuse or
neglect;
(viii) the incidence and prevalence
of physical, sexual, and emotional
abuse and physical and emotional
neglect in substitute care;
(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;
(x) the extent to which reports of
suspected or known instances of child
abuse or neglect involving a potential
combination of jurisdictions, such as
intrastate, interstate, Federal-State,
and State-Tribal, are being screened
out solely on the basis of the cross-
jurisdictional complications; and
(xi) the incidence and outcomes of
child abuse and neglect allegations
reported within the context of divorce,
custody, or other family court
proceedings, and the interaction
between family courts 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 clauses (i)
through (xi) of [paragraph (1)(O)] paragraph (1)(J).
[(3) Report.--Not later than 4 years after the date
of the enactment of the CAPTA Reauthorization Act of
2010, 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).]
(3) Reporting requirements.--
(A) In general.--Not later than 4 years after
the date of the enactment of the Stronger Child
Abuse Prevention and Treatment Act, the
Secretary shall prepare and submit to the
Committee on Education and Labor of the House
of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a
report that contains the results of the
research conducted under paragraph (2).
(B) National incidence.--The Secretary shall
ensure that research conducted, and data
collected, under paragraph (1)(J) are reported
in a way that will allow longitudinal
comparisons as well as comparisons to the
national incidence studies conducted under this
title.
(4) Priorities.--
(A) In general.--The Secretary shall
establish research priorities for making grants
or contracts for purposes of carrying out
paragraph (1).
(B) Public comment.--Not later than 1 years
after the date of enactment of the CAPTA
Reauthorization Act of 2010, 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.
[(4) Study on shaken baby syndrome.--The Secretary
shall conduct a study that--
[(A) identifies data collected on shaken baby
syndrome;
[(B) determines the feasibility of collecting
uniform, accurate data from all States
regarding--
[(i) incidence rates of shaken baby
syndrome;
[(ii) characteristics of perpetrators
of shaken baby syndrome, including age,
gender, relation to victim, access to
prevention materials and resources, and
history of substance abuse, domestic
violence, and mental illness; and
[(iii) characteristics of victims of
shaken baby syndrome, including gender,
date of birth, date of injury, date of
death (if applicable), and short- and
long-term injuries sustained.]
(b) Provision of Technical Assistance.--
(1) In general.--The Secretary shall provide
technical assistance to State and local public and
private agencies and community-based organizations,
including disability organizations and persons who work
with children with disabilities and providers of mental
health, substance abuse treatment, and domestic
violence prevention services, 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;
[(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.]
(2) Areas of emphasis.--Such technical assistance--
(A) shall focus on--
(i) implementing strategies that can
leverage existing community-based and
State funded resources to prevent child
abuse and neglect and providing
education for individuals involved in
prevention activities;
(ii) reducing racial bias in child
welfare systems, including how such
systems interact with health, law
enforcement, and education systems;
(iii) promoting best practices for
families experiencing domestic
violence, substance use disorder, or
other complex needs; and
(iv) providing professional
development and other technical
assistance to child welfare agencies to
improve the understanding of and to
help address the effects of trauma and
adverse childhood experiences in
parents and children in contact with
the child welfare system; and
(B) may include the identification of--
(i) various methods and procedures
for the investigation, assessment, and
prosecution of child physical and
sexual abuse cases;
(ii) ways to mitigate psychological
trauma to the child victim;
(iii) effective programs carried out
by the States under titles I and II;
and
(iv) effective approaches being
utilized to link child protective
service agencies with health care,
mental health care, and developmental
services and early intervention to
improve forensic diagnosis and health
evaluations, and barriers and shortages
to such linkages.
(3) Dissemination.--The Secretary may provide for and
disseminate information relating to various training
resources available at the State and local level to--
(A) 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,
child welfare, substance abuse, and domestic
violence services personnel in appropriate
methods of interacting during investigative,
administrative, and judicial proceedings with
children who have been subjected to, or whom
the personnel suspect have been subjected to,
child abuse or neglect.
(c) Authority to Make Grants or Enter Into Contracts.--
(1) In general.--The functions of the Secretary under
this section may be carried out either directly or
through grant or contract.
(2) Duration.--Grants under this section shall be
made for periods of not more than 5 years.
[(3) Preference for long-term studies.--In making
grants for purposes of conducting research under
subsection (a), the Secretary shall give special
consideration to applications for long-term projects.]
(d) Peer Review for Grants.--
(1) Establishment of peer review process.--
(A) In general.--To enhance the quality and
usefulness of research in the field of child
abuse and neglect, the Secretary shall, in
consultation with experts in the field and
other Federal agencies, establish a formal,
rigorous, and meritorious peer review process
for purposes of evaluating and reviewing
applications for assistance through a grant or
contract under this section and determining the
relative merits of the project for which such
assistance is requested.
(B) Members.--In establishing the process
required by subparagraph (A), the Secretary
shall only appoint to the peer review panels
members who--
(i) are experts in the field of child
abuse and neglect or related
disciplines, with appropriate expertise
related to the applications to be
reviewed; and
(ii) are not individuals who are
officers or employees of the
Administration for Children and
Families.
(C) Meetings.--The peer review panels shall
meet as often as is necessary to facilitate the
expeditious review of applications for grants
and contracts under this section, but shall
meet not less often than once a year.
(D) Criteria and guidelines.--The Secretary
shall ensure that the peer review panel
utilizes scientifically valid review criteria
and scoring guidelines in the review of the
applications for grants and contracts.
(2) Review of applications for assistance.--Each peer
review panel established under paragraph (1)(A) that
reviews any application for a grant shall--
(A) determine and evaluate the merit of each
project described in such application;
(B) rank such application with respect to all
other applications it reviews in the same
priority area for the fiscal year involved,
according to the relative merit of all of the
projects that are described in such application
and for which financial assistance is
requested; and
(C) make recommendations to the Secretary
concerning whether the application for the
project shall be approved.
The Secretary shall award grants under this section on
the basis of competitive review.
(3) Notice of approval.--
(A) Meritorious projects.--The Secretary
shall provide grants and contracts under this
section from among the projects which the peer
review panels established under paragraph
(1)(A) have determined to have merit.
(B) Explanation.--In the instance in which
the Secretary approves an application for a
program without having approved all
applications ranked above such application (as
determined under paragraph (2)(B)), the
Secretary shall append to the approved
application a detailed explanation of the
reasons relied on for approving the application
and for failing to approve each pending
application that is superior in merit, as
indicated on the list under paragraph (2)(B).
[(e) Demonstration Programs and Projects.--The Secretary may
award grants to, and enter into contracts with, entities that
are States, Indian tribes or tribal organizations, or public or
private agencies or organizations (or combinations of such
entities) 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 facilitate the safe exchange of
children for visits with noncustodial parents
in cases of domestic violence.
[(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide
educational identification, prevention, and treatment
services in cooperation with child care and early
childhood education and care providers, preschools, 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 research-
based strategies for risk and safety assessments
relating to child abuse and neglect.
[(4) Training.--The Secretary may award grants under
this subsection to entities for projects that involve
research-based strategies for innovative training for
mandated child abuse and neglect reporters.]
SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND
PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS.
(a) Grants for Programs and Projects.--The Secretary may make
grants to, and enter into contracts with, entities that are
States, Indian tribes or tribal organizations, or public
agencies or private agencies or organizations (or combinations
of such entities) for programs and projects for the following
purposes:
[(1) Training programs.--The Secretary may award
grants to public or private organizations under this
subsection--
[(A) for the training of professional and
paraprofessional personnel in the fields of
health care, medicine, law enforcement,
judiciary, social work and child protection,
education, child care, and other relevant
fields, or individuals such as court appointed
special advocates (CASAs) and guardian ad
litem, who are engaged in, or intend to work
in, the field of prevention, identification,
and treatment of child abuse and neglect,
including the links between domestic violence
and child abuse and neglect;
[(B) to improve the recruitment, selection,
and training of volunteers serving in public
and private 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 enhance linkages among
child protective service agencies and health
care agencies, entities providing physical and
mental health services, community resources,
and developmental disability agencies, to
improve screening, forensic diagnosis, and
health and developmental evaluations, and for
partnerships between child protective service
agencies and health care agencies that support
the coordinated use of 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 meet the unique needs of children
with disabilities, including promoting
interagency collaboration;
[(F) 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;
[(G) for the training of personnel regarding
the legal duties of such personnel and their
responsibilities to protect the legal rights of
children and families;
[(H) for the training of personnel in
childhood development including the unique
needs of children under age 3;
[(I) for improving the training of
supervisory and nonsupervisory child welfare
workers;
[(J) 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,
other public and private welfare agencies, and
agencies that provide early intervention
services to promote child safety, permanence,
and family stability;
[(K) for cross training for child protective
service workers in research-based strategies
for recognizing situations of substance abuse,
domestic violence, and neglect;
[(L) for developing, implementing, or
operating information and education programs or
training programs designed to improve the
provision of services to infants or toddlers
with disabilities with life-threatening
conditions for--
[(i) professionals and
paraprofessional personnel concerned
with the welfare of infants or toddlers
with disabilities with life-threatening
conditions, including personnel
employed in child protective services
programs and health care facilities;
and
[(ii) the parents of such infants;
and
[(M) for the training of personnel in best
practices relating to the provision of
differential response.
[(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 when the child's safety
is in jeopardy.
[(3) Mutual support programs.--The Secretary may
award grants to private organizations to establish or
maintain a national network of mutual support,
leadership, and self-help programs as a means of
strengthening families in partnership with their
communities.
[(4) Kinship care.--The Secretary may award grants to
public and private entities 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.
[(5) Linkages among child protective service agencies
and public health, mental health, substance abuse,
developmental disabilities, and domestic violence
service agencies.--The Secretary may award grants to
entities that provide linkages among State or local
child protective service agencies and public health,
mental health, substance abuse, developmental
disabilities, and domestic violence service agencies,
and entities that carry out community-based programs,
for the purpose of establishing linkages that are
designed to ensure 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.
[(6) Collaborations between child protective service
entities and domestic violence service entities.--The
Secretary may award grants to public or private
agencies and organizations under this section to
develop or expand effective collaborations between
child protective service entities and domestic violence
service entities to improve collaborative investigation
and intervention procedures, provision for the safety
of the nonabusing parent involved and children, and
provision of services to children exposed to domestic
violence that also support the caregiving role of the
non-abusing parent.]
(1) Prevention services.--The Secretary may award
grants under this subsection to entities to establish
or expand prevention services that reduce incidences of
child maltreatment and strengthen families.
(2) Traumatic stress.--The Secretary may award grants
under this subsection to entities to address instances
of traumatic stress in families due to child abuse and
neglect, especially for families with complex needs or
families that exhibit high levels of adverse childhood
experiences.
(3) Promoting a high-quality workforce.--The
Secretary may award grants under this subsection to
entities to carry out programs or strategies that
promote a high-quality workforce in the child welfare
system through---
(A) improvements to recruitment, support, or
retention efforts; or
(B) education for professionals and
paraprofessionals in the prevention,
identification, and treatment of child abuse
and neglect.
(4) Improving coordination.--The Secretary may award
grants under this subsection to entities to carry out
activities to improve intrastate coordination within
the child welfare system. Such activities may include--
(A) aligning information technology systems;
(B) improving information sharing regarding
child and family referrals; or
(C) creating collaborative voluntary
partnerships among public and private agencies,
the State's child protective services, local
social service agencies, community-based family
support programs, State and local legal
agencies, developmental disability agencies,
substance use disorder treatment providers,
health care providers and agencies, domestic
violence prevention programs, mental health
services, schools and early learning providers,
religious entities, and other community-based
programs.
(5) Primary prevention.--The Secretary may award
grants under this subsection to entities to carry out
or expand primary prevention programs or strategies
that address family or community protective factors.
(6) Neglect due to economic insecurity.--The
Secretary may award grants under this subsection to
entities to carry out programs or strategies that
reduce findings of child neglect due in full or in part
to family economic insecurity.
(7) Education of mandatory reporters.--The Secretary
may award grants under this subsection to entities for
projects that involve research-based strategies for
innovative education of mandated child abuse and
neglect reporters, and for victims to understand
mandatory reporting.
(8) Sentinel injuries.--The Secretary may award
grants under this subsection to entities to identify
and test effective practices to improve early detection
and management of injuries indicative of potential
abuse in infants to prevent future cases of child abuse
and related fatalities.
(9) Innovative partnerships.--The Secretary may award
grants under this subsection to entities to carry out
innovative programs or strategies to coordinate the
delivery of services to help reduce child abuse and
neglect via partnerships among health, mental health,
education (including early learning and care programs
as appropriate), and child welfare agencies and
providers.
(10) Reducing child abuse and neglect due to the
substance use disorder of a parent or caregiver.--The
Secretary may award grants under this subsection to
entities to carry out activities to reduce child abuse
and neglect due to the substance use disorder of a
parent or caregiver.
[(7)] (11) Grants to states to improve and coordinate
their response to ensure the safety, permanency, and
well-being of infants affected by substance use.--
(A) Program authorized.--The Secretary is
authorized to make grants to States for the
purpose of assisting child welfare agencies,
social services agencies, substance use
disorder treatment agencies, hospitals with
labor and delivery units, medical staff, public
health and mental health agencies, and maternal
and child health agencies to facilitate
collaboration in developing, updating,
implementing, and monitoring plans of safe care
described in [section 106(b)(2)(B)(iii)]
section 106(b)(2)(D)(ii). Section 112(a)(2)
shall not apply to the program authorized under
this paragraph.
(B) Distribution of funds.--
(i) Reservations.--Of the amounts
made available to carry out
subparagraph (A), the Secretary shall
reserve--
(I) no more than 3 percent
for the purposes described in
subparagraph (G); and
(II) up to 3 percent for
grants to Indian Tribes and
tribal organizations 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 and their families or
caregivers, which to the extent
practicable, shall be
consistent with the uses of
funds described under
subparagraph (D).
(ii) Allotments to states and
territories.--The Secretary shall allot
the amount made available to carry out
subparagraph (A) that remains after
application of clause (i) to each State
that applies for such a grant, in an
amount equal to the sum of--
(I) $500,000; and
(II) an amount that bears the
same relationship to any funds
made available to carry out
subparagraph (A) and remaining
after application of clause
(i), as the number of live
births in the State in the
previous calendar year bears to
the number of live births in
all States in such year.
(iii) Ratable reduction.--If the
amount made available to carry out
subparagraph (A) is insufficient to
satisfy the requirements of clause
(ii), the Secretary shall ratably
reduce each allotment to a State.
(C) Application.--A State desiring a grant
under this paragraph shall submit an
application to the Secretary at such time and
in such manner as the Secretary may require.
Such application shall include--
(i) a description of--
(I) the impact of substance
use disorder in such State,
including with respect to the
substance or class of
substances with the highest
incidence of abuse in the
previous year in such State,
including--
(aa) the prevalence
of substance use
disorder in such State;
(bb) the aggregate
rate of births in the
State of infants
affected by substance
abuse or withdrawal
symptoms or a fetal
alcohol spectrum
disorder (as determined
by hospitals, insurance
claims, claims
submitted to the State
Medicaid program, or
other records), if
available and to the
extent practicable; and
(cc) the number of
infants identified, for
whom a plan of safe
care was developed, and
for whom a referral was
made for appropriate
services, as reported
under section
106(d)(18);
(II) the challenges the State
faces in developing,
implementing, and monitoring
plans of safe care in
accordance with [section
106(b)(2)(B)(iii)] section
106(b)(2)(D)(ii);
(III) the State's lead agency
for the grant program and how
that agency will coordinate
with relevant State entities
and programs, including the
child welfare agency, the
substance use disorder
treatment agency, hospitals
with labor and delivery units,
health care providers, the
public health and mental health
agencies, programs funded by
the Substance Abuse and Mental
Health Services Administration
that provide substance use
disorder treatment for women,
the State Medicaid program, the
State agency administering the
block grant program under title
V of the Social Security Act
(42 U.S.C. 701 et seq.), the
State agency administering the
programs funded under part C of
the Individuals with
Disabilities Education Act (20
U.S.C. 1431 et seq.), the
maternal, infant, and early
childhood home visiting program
under section 511 of the Social
Security Act (42 U.S.C. 711),
the State judicial system, and
other agencies, as determined
by the Secretary, and Indian
Tribes and tribal
organizations, as appropriate,
to implement the activities
under this paragraph;
(IV) how the State will
monitor local development and
implementation of plans of safe
care, in accordance with
[section 106(b)(2)(B)(iii)(II)]
section 106(b)(2)(D)(ii)(II),
including how the State will
monitor to ensure plans of safe
care address differences
between substance use disorder
and medically supervised
substance use, including for
the treatment of a substance
use disorder;
(V) if applicable, how the
State plans to utilize funding
authorized under part E of
title IV of the Social Security
Act (42 U.S.C. 670 et seq.) to
assist in carrying out any plan
of safe care, including such
funding authorized under
section 471(e) of such Act (as
in effect on October 1, 2018)
for mental health and substance
abuse prevention and treatment
services and in-home parent
skill-based programs and
funding authorized under such
section 472(j) (as in effect on
October 1, 2018) for children
with a parent in a licensed
residential family-based
treatment facility for
substance abuse; and
(VI) an assessment of the
treatment and other services
and programs available in the
State to effectively carry out
any plan of safe care
developed, including
identification of needed
treatment, and other services
and programs to ensure the
well-being of young children
and their families affected by
substance use disorder, such as
programs carried out under part
C of the Individuals with
Disabilities Education Act (20
U.S.C. 1431 et seq.) and
comprehensive early childhood
development services and
programs such as Head Start
programs;
(ii) a description of how the State
plans to use funds for activities
described in subparagraph (D) for the
purposes of ensuring State compliance
with requirements under [clauses (ii)
and (iii) of section 106(b)(2)(B)]
clauses (i) and (ii) of section
106(b)(2)(D); and
(iii) an assurance that the State
will comply with requirements to refer
a child identified as substance-exposed
to early intervention services as
required pursuant to a grant under part
C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.).
(D) Uses of funds.--Funds awarded to a State
under this paragraph may be used for the
following activities, which may be carried out
by the State directly, or through grants or
subgrants, contracts, or cooperative
agreements:
(i) Improving State and local systems
with respect to the development and
implementation of plans of safe care,
which--
(I) shall include parent and
caregiver engagement, as
required under [section
106(b)(2)(B)(iii)(I)] section
106(b)(2)(D)(ii)(I), regarding
available treatment and service
options, which may include
resources available for
pregnant, perinatal, and
postnatal women; and
(II) may include activities
such as--
(aa) developing
policies, procedures,
or protocols for the
administration or
development of
evidence-based and
validated screening
tools for infants who
may be affected by
substance use
withdrawal symptoms or
a fetal alcohol
spectrum disorder and
pregnant, perinatal,
and postnatal women
whose infants may be
affected by substance
use withdrawal symptoms
or a fetal alcohol
spectrum disorder;
(bb) improving
assessments used to
determine the needs of
the infant and family;
(cc) improving
ongoing case management
services;
(dd) improving access
to treatment services,
which may be prior to
the pregnant woman's
delivery date; and
(ee) keeping families
safely together when it
is in the best interest
of the child.
(ii) Developing policies, procedures,
or protocols in consultation and
coordination with health professionals,
public and private health facilities,
and substance use disorder treatment
agencies to ensure that--
(I) appropriate notification
to child protective services is
made in a timely manner, as
required under [section
106(b)(2)(B)(ii)] section
106(b)(2)(D)(i);
(II) a plan of safe care is
in place, in accordance with
[section 106(b)(2)(B)(iii)]
section 106(b)(2)(D)(ii)(I),
before the infant is discharged
from the birth or health care
facility; and
(III) such health and related
agency professionals are
trained on how to follow such
protocols and are aware of the
supports that may be provided
under a plan of safe care.
(iii) Training health professionals
and health system leaders, child
welfare workers, substance use disorder
treatment agencies, and other related
professionals such as home visiting
agency staff and law enforcement in
relevant topics including--
(I) State mandatory reporting
laws established under [section
106(b)(2)(B)(i)] section
106(b)(2)(A)(i) and the
referral and process
requirements for notification
to child protective services
when child abuse or neglect
reporting is not mandated;
(II) the co-occurrence of
pregnancy and substance use
disorder, and implications of
prenatal exposure;
(III) the clinical guidance
about treating substance use
disorder in pregnant and
postpartum women;
(IV) appropriate screening
and interventions for infants
affected by substance use
disorder, withdrawal symptoms,
or a fetal alcohol spectrum
disorder and the requirements
under [section
106(b)(2)(B)(iii)] section
106(b)(2)(D)(ii); and
(V) appropriate
multigenerational strategies to
address the mental health needs
of the parent and child
together.
(iv) Establishing partnerships,
agreements, or memoranda of
understanding between the lead agency
and other entities (including health
professionals, health facilities, child
welfare professionals, juvenile and
family court judges, substance use and
mental disorder treatment programs,
early childhood education programs,
maternal and child health and early
intervention professionals (including
home visiting providers), peer-to-peer
recovery programs such as parent
mentoring programs, and housing
agencies) to facilitate the
implementation of, and compliance with,
section 106(b)(2) and clause (ii) of
this subparagraph, in areas which may
include--
(I) developing a
comprehensive, multi-
disciplinary assessment and
intervention process for
infants, pregnant women, and
their families who are affected
by substance use disorder,
withdrawal symptoms, or a fetal
alcohol spectrum disorder, that
includes meaningful engagement
with and takes into account the
unique needs of each family and
addresses differences between
medically supervised substance
use, including for the
treatment of substance use
disorder, and substance use
disorder;
(II) ensuring that treatment
approaches for serving infants,
pregnant women, and perinatal
and postnatal women whose
infants may be affected by
substance use, withdrawal
symptoms, or a fetal alcohol
spectrum disorder, are designed
to, where appropriate, keep
infants with their mothers
during both inpatient and
outpatient treatment; and
(III) increasing access to
all evidence-based medication-
assisted treatment approved by
the Food and Drug
Administration, behavioral
therapy, and counseling
services for the treatment of
substance use disorders, as
appropriate.
(v) Developing and updating systems
of technology for improved data
collection and monitoring under
[section 106(b)(2)(B)(iii)] section
106(b)(2)(D)(ii), including existing
electronic medical records, to measure
the outcomes achieved through the plans
of safe care, including monitoring
systems to meet the requirements of
this Act and submission of performance
measures.
(E) Reporting.--Each State that receives
funds under this paragraph, for each year such
funds are received, shall submit a report to
the Secretary, disaggregated by geographic
location, economic status, and major racial and
ethnic groups, except that such disaggregation
shall not be required if the results would
reveal personally identifiable information on,
with respect to infants identified under
[section 106(b)(2)(B)(ii)] section
106(b)(2)(D)(i)--
(i) the number who experienced
removal associated with parental
substance use;
(ii) the number who experienced
removal and subsequently are reunified
with parents, and the length of time
between such removal and reunification;
(iii) the number who are referred to
community providers without a child
protection case;
(iv) the number who receive services
while in the care of their birth
parents;
(v) the number who receive post-
reunification services within 1 year
after a reunification has occurred; and
(vi) the number who experienced a
return to out-of-home care within 1
year after reunification.
(F) Secretary's report to congress.--The
Secretary shall submit an annual report to the
Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of
the Senate and the [Committee on Education and
the Workforce] Committee on Education and Labor
and the Committee on Appropriations of the
House of Representatives that includes the
information described in subparagraph (E) and
recommendations or observations on the
challenges, successes, and lessons derived from
implementation of the grant program.
(G) Assisting states' implementation.--The
Secretary shall use the amount reserved under
subparagraph (B)(i)(I) to provide written
guidance and technical assistance to support
States in complying with and implementing this
paragraph, which shall include--
(i) technical assistance, including
programs of in-depth technical
assistance, to additional States,
territories, and Indian Tribes and
tribal organizations in accordance with
the substance-exposed infant initiative
developed by the National Center on
Substance Abuse and Child Welfare;
(ii) guidance on the requirements of
this Act with respect to infants born
with and identified as being affected
by substance use or withdrawal symptoms
or fetal alcohol spectrum disorder, as
described in [clauses (ii) and (iii) of
section 106(b)(2)(B)] clauses (i) and
(ii) of section 106(b)(2)(D), including
by--
(I) enhancing States'
understanding of requirements
and flexibilities under the
law, including by clarifying
key terms;
(II) addressing state-
identified challenges with
developing, implementing, and
monitoring plans of safe care,
including those reported under
subparagraph (C)(i)(II);
(III) disseminating best
practices on implementation of
plans of safe care, on such
topics as differential
response, collaboration and
coordination, and
identification and delivery of
services for different
populations, while recognizing
needs of different populations
and varying community
approaches across States; and
(IV) helping States improve
the long-term safety and well-
being of young children and
their families;
(iii) supporting State efforts to
develop information technology systems
to manage plans of safe care; and
(iv) preparing the Secretary's report
to Congress described in subparagraph
(F).
(H) Sunset.--The authority under this
paragraph shall sunset on September 30, 2023.
(12) National child abuse hotline.--
(A) In general.--The Secretary may award a
grant under this subsection to a nonprofit
entity to provide for the ongoing operation of
a 24-hour, national, toll-free telephone
hotline to provide information and assistance
to youth victims of child abuse or neglect,
parents, caregivers, mandated reporters, and
other concerned community members, including
through alternative modalities for
communications (such as texting or chat
services) with such victims and other
information seekers.
(B) Priority.--In awarding grants described
in this paragraph, the Secretary shall give
priority to applicants with experience in
operating a hotline that provides assistance to
victims of child abuse, parents, caregivers,
and mandated reporters.
(C) Application.--To be eligible to receive a
grant described in this paragraph, a nonprofit
entity shall submit an application to the
Secretary that shall--
(i) contain such assurances and
information, be in such form, and be
submitted in such manner, as the
Secretary shall prescribe;
(ii) include a complete description
of the entity's plan for the operation
of a national child abuse hotline,
including descriptions of--
(I) the professional
development program for hotline
personnel, including technology
professional development to
ensure that all persons
affiliated with the hotline are
able to effectively operate any
technological systems used by
the hotline;
(II) the qualifications for
hotline personnel;
(III) the methods for the
creation, maintenance, and
updating of a comprehensive
list of prevention and
treatment service providers;
(IV) a plan for publicizing
the availability of the hotline
throughout the United States;
(V) a plan for providing
service to non-English speaking
callers, including service
through hotline personnel who
have non-English language
capability;
(VI) a plan for facilitating
access to the hotline and
alternative modality services
by persons with hearing
impairments and disabilities;
(VII) a plan for providing
crisis counseling, general
assistance, and referrals to
youth victims of child abuse;
and
(VIII) a plan to offer
alternative services to
calling, such as texting or
live chat;
(iii) demonstrate that the entity has
the capacity and the expertise to
maintain a child abuse hotline and a
comprehensive list of service
providers;
(iv) demonstrate the ability to
provide information and referrals for
contacts, directly connect contacts to
service providers, and employ crisis
interventions;
(v) demonstrate that the entity has a
commitment to providing services to
individuals in need; and
(vi) demonstrate that the entity
complies with State privacy laws and
has established quality assurance
practices.
[(b) Discretionary Grants.--In addition to grants or
contracts made under subsection (a), grants or contracts under
this section may be used for the following:
[(1) Respite and crisis nursery programs provided by
community-based organizations under the direction and
supervision of hospitals.
[(2) Respite and crisis nursery programs provided by
community-based organizations.
[(3) Programs based within children's hospitals or
other pediatric and adolescent care facilities, that
provide model approaches for improving medical
diagnosis of child abuse and neglect and for health
evaluations of children for whom a report of
maltreatment has been substantiated.
[(4)(A) Providing hospital-based information and
referral services to--
[(i) parents of children with disabilities;
and
[(ii) children who have been victims of child
abuse or neglect and their parents.
[(B) Except as provided in subparagraph (C)(iii),
services provided under a grant received under this
paragraph shall be provided at the hospital involved--
[(i) upon the birth or admission of a child
with disabilities; and
[(ii) upon the treatment of a child for child
abuse and neglect.
[(C) Services, as determined as appropriate by the
grantee, provided under a grant received under this
paragraph shall be hospital-based and shall consist
of--
[(i) the provision of notice to parents that
information relating to community services is
available;
[(ii) the provision of appropriate
information to parents of a child with
disabilities regarding resources in the
community, particularly parent training
resources, that will assist such parents in
caring for their child;
[(iii) the provision of appropriate
information to parents of a child who has been
a victim of child abuse or neglect regarding
resources in the community, particularly parent
training resources, that will assist such
parents in caring for their child and reduce
the possibility of child abuse and neglect;
[(iv) the provision of appropriate follow-up
services to parents of a child described in
subparagraph (B) after the child has left the
hospital; and
[(v) where necessary, assistance in
coordination of community services available to
parents of children described in subparagraph
(B).
The grantee shall assure that parental involvement
described in this subparagraph is voluntary.
[(D) For purposes of this paragraph, a qualified
grantee is an acute care hospital that--
[(i) is in a combination with--
[(I) a health-care provider
organization;
[(II) a child welfare organization;
[(III) a disability organization; and
[(IV) a State child protection
agency;
[(ii) submits an application for a grant
under this paragraph that is approved by the
Secretary;
[(iii) maintains an office in the hospital
involved for purposes of providing services
under such grant;
[(iv) provides assurances to the Secretary
that in the conduct of the project the
confidentiality of medical, social, and
personal information concerning any person
described in subparagraph (A) or (B) shall be
maintained, and shall be disclosed only to
qualified persons providing required services
described in subparagraph (C) for purposes
relating to conduct of the project; and
[(v) assumes legal responsibility for
carrying out the terms and conditions of the
grant.
[(E) In awarding grants under this paragraph, the
Secretary shall--
[(i) give priority under this section for two
grants under this paragraph, provided that one
grant shall be made to provide services in an
urban setting and one grant shall be made to
provide services in rural setting; and
[(ii) encourage qualified grantees to combine
the amounts received under the grant with other
funds available to such grantees.
[(5) Such other innovative programs and projects that
show promise of preventing and treating cases of child
abuse and neglect as the Secretary may approve.
[(c) Evaluation.--In making grants for 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.]
(b) Goals and Performance.--The Secretary shall ensure that
each entity receiving a grant under this section--
(1) establishes quantifiable goals for the outcome of
the project funded with the grant; and
(2) adequately measures the performance of the
project relative to such goals.
(c) Performance Report Required.--
(1) In general.--Each entity that receives a grant
under this section shall submit to the Secretary a
performance report that includes--
(A) an evaluation of the effectiveness of the
project funded with the grant relative to the
goals established for such project under
subsection (b)(1); and
(B) data supporting such evaluation.
(2) Submission.--The report under paragraph (1) shall
be submitted to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
(d) Continuing Grants.--The Secretary may only award a
continuing grant to an entity under this section if such entity
submits a performance report required under subsection (c) that
demonstrates effectiveness of the project funded.
SEC. 106. 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.]
(a) Development and Operation Grants.--The Secretary shall
make grants to the States, from allotments under subsection (f)
for each State that applies for a grant under this section, for
purposes of assisting the States in improving and implementing
a child protective services system that is family-centered,
integrates community services, and is capable of providing
rapid response to high-risk cases, by carrying out the
following:
(1) Conducting the intake, assessment, screening, and
investigation of reports of child abuse or neglect.
(2) Ensuring that reports concerning a child's living
arrangements or subsistence needs are addressed through
services or benefits and that no child is separated
from such child's parent for reasons of poverty.
(3) Creating and improving the use of
multidisciplinary teams and interagency, intra-agency,
interstate, and intrastate protocols to enhance fair
investigations; and improving legal preparation and
representation.
(4) Complying with the assurances in section
106(b)(2).
(5) Establishing State and local networks of child
and family service providers that support child and
family well-being, which shall--
(A) include child protective services, as
well as agencies and service providers, that
address family-strengthening, parenting skills,
child development, early childhood care and
learning, child advocacy, public health, mental
health, substance use disorder treatment,
domestic violence, developmental disabilities,
housing, juvenile justice, elementary and
secondary education, and child placement; and
(B) address instances of child abuse and
neglect by incorporating evaluations that
assess the development of a child, including
language and communication, cognitive,
physical, and social and emotional development,
the need for mental health services, including
trauma-related services, trauma-informed care,
and parental needs.
(6) Ensuring child protective services is addressing
the safety of children and responding to parent and
family needs, which shall include--
(A) family-oriented efforts that emphasize
case assessment and follow up casework focused
on child safety and child and parent well-
being, which may include--
(i) ensuring parents and children
undergo physical and mental health
assessments, as appropriate, and
ongoing developmental monitoring;
(ii) multidisciplinary approaches to
assessing family needs and connecting
the family with services, including
prevention services under section 471
of the Social Security Act (42 U.S.C.
671);
(iii) organizing a treatment team
with the goal of preventing child abuse
and neglect, and improving parent and
child well-being;
(iv) case monitoring that supports
child well-being; and
(v) differential response efforts;
and
(B) establishing and maintaining a rapid
response system that responds promptly to all
reports of child abuse or neglect, with special
attention to cases involving children under 3
years of age.
(7) Educating caseworkers, community service
providers, attorneys, health care professionals,
parents, and others engaged in the prevention,
intervention, and treatment of child abuse and neglect,
which shall include education on--
(A) practices that help ensure child safety
and well-being;
(B) approaches to family-oriented prevention,
intervention, and treatment of child abuse and
neglect;
(C) early childhood, child, and adolescent
development, and the impact of adverse
childhood experiences on such development;
(D) the relationship between child abuse and
domestic violence, and support for non-abusing
parents;
(E) strategies to work with families impacted
by substance use disorder and mental health
issues (and, when appropriate, be coordinated
with prevention efforts funded under section
471 of the Social Security Act (42 U.S.C.
671));
(F) effective use of multiple services to
address family and child needs, including needs
resulting from trauma;
(G) efforts to improve family and child well-
being;
(H) support for child welfare workers
affected by secondary trauma; and
(I) supporting families and caregivers to
combat and prevent unsubstantiated, unfounded,
or false reports, including through education
on the rights of families and caregivers.
(8) Creating or improving data systems that allow
for--
(A) the identification of cases requiring
prompt responses;
(B) real-time case monitoring that tracks
assessments, service referrals, follow-up, case
reviews, and progress toward parent and child
goals; and
(C) sharing basic identifying data with law
enforcement, as necessary.
(9) Improving the general child protective system by
developing, improving, and implementing safety
assessment tools, providing that such tools, protocols,
and systems shall not authorize the separation of any
child from the legal parent or guardian of such child
solely on the basis of poverty, or without a judicial
order, except in the case of imminent harm.
(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
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.]
(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--
(i) specifies how the grant will be
used, and the State's strategic plan,
to treat child abuse and neglect and
enhance community-based, prevention-
centered approaches that attempt to
prevent child abuse and neglect while
strengthening and supporting families
whenever possible; and
(ii) meets the requirements of this
subsection.
(B) Coordination and consultation.--
(i) Coordination.--Each State, to the
maximum extent practicable, shall
coordinate its State plan under this
subsection with its State plan under
part B of title IV of the Social
Security Act (42 U.S.C. 621 et seq.)
relating to child and family services
and, in States electing to provide
services under part E of title IV of
the Social Security Act (42 U.S.C. 670
et seq.) relating to foster care
prevention services, its State plan
under such part E.
(ii) Consultation.--In developing a
State plan under this subsection, a
State shall consult with community-
based prevention and service agencies,
parents and families affected by child
abuse or neglect in the State, law
enforcement, family court judges,
prosecutors who handle criminal child
abuse cases, and medical professionals
engaged in the treatment of child abuse
and neglect.
(C) Duration and submission of plan.--Each
State plan shall--
(i) be submitted not less than every
5 years; and
(ii) if necessary, revised by the
State to inform the Secretary of any
substantive changes, including--
(I) any changes 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; or
(II) any changes in the
State's activities, strategies,
or programs under this section.
(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 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) procedures for the immediate
screening, risk and safety assessment,
and prompt investigation of such
reports of alleged abuse and neglect in
order to ensure the well-being and
safety of children;
(iii) 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;
(iv) 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 (xi) of
this subparagraph;
(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;
(v) 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
education appropriate to the role,
including education in early childhood,
child, and adolescent development, and
domestic violence, and who may be an
attorney or a court appointed special
advocate who has received education
appropriate to that role (or both),
shall be appointed to represent the
child (who, for purposes of this
section, shall have any age limit
elected by the State pursuant to
section 475(8)(B)(iii) of the Social
Security Act (42 U.S.C. 675(8)(B)(iii))
in such proceedings--
(I) to obtain first-hand, a
clear understanding of the
situation and needs of such
child; and
(II) to make recommendations
to the court concerning the
best interests of such child;
(vi) the establishment of citizen
review panels in accordance with
subsection (c);
(vii) 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;
(viii) 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;
(ix) provisions addressing the
professional development 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 (including providing such
education in different languages if
necessary), in order to protect the
legal rights and safety of children and
their parents and caregivers from the
initial time of contact during
investigation through treatment;
(x) 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;
(xi) provisions to require the 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;
(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 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;
(xiv) provisions for systems of
technology that support the State child
protective services system and track
reports of child abuse and neglect from
intake through final disposition;
(xv) 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(12) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102
(12));
(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)); and
(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);
(B) 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;
(C) an assurance or certification that
programs and education 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.);
(D) a description of--
(i) policies and procedures
(including appropriate referrals to
child welfare service systems and for
other appropriate services (including
home visiting services and mutual
support and parent partner programs))
to address the needs of infants born
with and identified as being affected
by substance use 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 welfare 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;
(ii) the development of a plan of
safe care for the infant born and
identified as being affected by
substance use 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;
(iii) policies and procedures to make
available to the public on the State
website the data, findings, and
information about all cases of child
abuse or neglect resulting in a child
fatality or near fatality, including a
description of--
(I) how the State will not
create an exception to such
public disclosure, except in a
case in which--
(aa) the State would
like to delay public
release of case-
specific findings or
information (including
any previous reports of
domestic violence and
subsequent actions
taken to assess and
address such reports)
while a criminal
investigation or
prosecution of such a
fatality or near
fatality is pending;
(bb) the State is
protecting the identity
of a reporter of child
abuse or neglect; or
(cc) the State is
withholding identifying
information of members
of the victim's family
who are not
perpetrators of the
fatality or near
fatality; and
(II) how the State will
ensure that in providing the
public disclosure required
under this clause, the State
will include--
(aa) the cause and
circumstances of the
fatality or near
fatality;
(bb) the age and
gender of the child;
and
(cc) any previous
reports of child abuse
or neglect
investigations that are
relevant to the child
abuse or neglect that
led to the fatality or
near fatality;
(iv) how the State will use data
collected on child abuse or neglect to
prevent child fatalities and near
fatalities;
(v) how the State will implement
efforts to prevent child fatalities and
near fatalities;
(vi) 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;
(vii) the steps the State will take
to improve the professional
development, retention, and supervision
of caseworkers and how the State will
measure the effectiveness of such
efforts;
(viii) the State's plan to ensure
each child under the age of 3 who is
involved in a substantiated case of
child abuse or neglect will be referred
to the State's child find system under
section 635(a)(5) of the Individuals
with Disabilities Education Act (20
U.S.C. 1435(a)(5)) in order to
determine if the child is an infant or
toddler with a disability (as defined
in section 632(5) of such Act (20
U.S.C. 1432(5)));
(ix) the State's plan to improve, as
part of a comprehensive State strategy
led by law enforcement, professional
development for child protective
services workers and their appropriate
role in identifying, assessing, and
providing comprehensive services for
children who are sex trafficking
victims, in coordination with law
enforcement, juvenile justice agencies,
runaway and homeless youth shelters,
and health, mental health, and other
social service agencies and providers;
(x) 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;
(xi) the State's efforts to ensure
professionals who are required to
report suspected cases of child abuse
and neglect are aware of their
responsibilities under subparagraph
(A)(i) and receive professional
development relating to performing such
responsibilities that is specific to
their profession and workplace;
(xii) policies and procedures
encouraging the appropriate involvement
of families in decisionmaking
pertaining to children who experienced
child abuse or neglect;
(xiii) the State's efforts to improve
appropriate collaboration among child
protective services agencies, domestic
violence services agencies, substance
use disorder 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;
(xiv) policies and procedures
regarding the use of differential
response, as applicable, to improve
outcomes for children; and
(xv) the State's efforts to reduce
racial bias in its child protective
services system.
(3) [Limitation] Limitations.--[With regard to
clauses (vi) and (vii) of paragraph (2)(B),]
(A) Disclosure of certain identifying
information._With regard to subparagraphs
(A)(iv) and (D)(iii) of paragraph (2), 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[.]; and
(B) Public access to court proceedings.--
Nothing in paragraph (2) 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.
(4) [Definitions] Definition.--For purposes of [this
subsection--]
[(A) the term ``near fatality'' means an act]
this subsection, 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] Exception._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]
foster care, prevention, and
permanency 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.] 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, the criteria used for
determining which activities the panel engaged in, and
recommendations or observations to improve the child
protective services system at the State and local
levels, and the data upon which these recommendations
or observations are based. 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).]
(13) The annual report containing the summary of the
activities and recommendations of the citizen review
panels of the State required by subsection (c)(6), and
the actions taken by the State as a result of such
recommendations.
(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)] subsection (b)(2)(D)(i).
(16) The number of children determined to be eligible
for referral, and the number of children referred,
under [subsection (b)(2)(B)(xxi)] subsection
(b)(2)(D)(viii), 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)] subsection
(b)(2)(A)(xv).
(18) The number of infants--
(A) identified under [subsection
(b)(2)(B)(ii)] subsection (b)(2)(D)(i);
(B) for whom a plan of safe care was
developed under [subsection (b)(2)(B)(iii)]
subsection (b)(2)(D)(ii); 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)] subsection
(b)(2)(D)(ii).
(19) The number of child fatalities and near
fatalities from maltreatment and related information in
accordance with the uniform standards established under
section 103(d).
(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.
(6) Limitation.--For any fiscal year for which the
amount allotted to a State or territory under this
subsection exceeds the amount allotted to the State or
territory under such subsection for fiscal year 2019,
the State or territory may use not more than 2 percent
of such excess amount for administrative expenses.
SEC. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION
AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.
(a) Grants to States.--The Secretary, in consultation with
the Attorney General, is authorized to make grants to the
States for the purpose of assisting States in developing,
establishing, and operating programs designed to improve--
(1) the assessment and investigation of suspected
child abuse and neglect cases, including cases of
suspected child sexual abuse and exploitation, in a
manner that limits additional trauma to the child and
the child's family;
(2) the assessment and investigation of cases of
suspected child abuse-related fatalities and suspected
child neglect-related fatalities;
(3) the investigation and prosecution of cases of
child abuse and neglect, including child sexual abuse
and exploitation; and
(4) the assessment and investigation of cases
involving children with disabilities or serious health-
related problems who are suspected victims of child
abuse or neglect.
(b) Eligibility Requirements.--In order for a State to
qualify for assistance under this section, such State shall--
(1) fulfill the requirements of section 106(b);
(2) establish a task force as provided in subsection
(c);
(3) fulfill the requirements of subsection (d);
(4) submit annually an application to the Secretary
at such time and containing such information and
assurances as the Secretary considers necessary,
including an assurance that the State will--
(A) make such reports to the Secretary as may
reasonably be required; and
(B) maintain and provide access to records
relating to activities under subsections (a)
and (b); and
(5) submit annually to the Secretary a report on the
manner in which assistance received under this program
was expended throughout the State, with particular
attention focused on the areas described in paragraphs
(1) through (3) of subsection (a).
(c) State Task Forces.--
(1) General rule.--Except as provided in paragraph
(2), a State requesting assistance under this section
shall establish or designate, and maintain, a State
multidisciplinary task force on children's justice
(hereinafter referred to as ``State task force'')
composed of professionals with knowledge and experience
relating to the criminal justice system and issues of
child physical abuse, child neglect, child sexual abuse
and exploitation, and child maltreatment related
fatalities. The State task force shall include--
(A) individuals representing the law
enforcement community;
(B) judges and attorneys involved in both
civil and criminal court proceedings related to
child abuse and neglect (including individuals
involved with the defense as well as the
prosecution of such cases);
(C) child advocates, including both attorneys
for children and, where such programs are in
operation, court appointed special advocates;
(D) health and mental health professionals;
(E) individuals representing child protective
service agencies;
(F) individuals experienced in working with
children with disabilities;
(G) parents;
(H) representatives of parents' groups;
(I) adult former victims of child abuse or
neglect; and
(J) individuals experienced in working with
homeless children and youths (as defined in
section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)).
(2) Existing task force.--As determined by the
Secretary, a State commission or task force established
after January 1, 1983, with substantially comparable
membership and functions, may be considered the State
task force for purposes of this subsection.
(d) State Task Force Study.--Before a State receives
assistance under this section, and at three year intervals
thereafter, the State task force shall comprehensively--
(1) review and evaluate State investigative,
administrative and both civil and criminal judicial
handling of cases of child abuse and neglect, including
child sexual abuse and exploitation, as well as cases
involving suspected child maltreatment related
fatalities and cases involving a potential combination
of jurisdictions, such as intrastate, interstate,
Federal-State, and State-Tribal; and
(2) make policy and training recommendations in each
of the categories described in subsection (e).
The task force may make such other comments and recommendations
as are considered relevant and useful.
(e) Adoption of State Task Force Recommendations.--
(1) General rule.--Subject to the provisions of
paragraph (2), before a State receives assistance under
this section, a State shall adopt recommendations of
the State task force in each of the following
categories--
(A) investigative, administrative, and
judicial handling of cases of child abuse and
neglect, including child sexual abuse and
exploitation, as well as cases involving
suspected child maltreatment related fatalities
and cases involving a potential combination of
jurisdictions, such as intrastate, interstate,
Federal-State, and State-Tribal, in a manner
which reduces the additional trauma to the
child victim and the victim's family and which
also ensures procedural fairness to the
accused;
(B) experimental, model, and demonstration
programs for testing innovative approaches and
techniques which may improve the prompt and
successful resolution of civil and criminal
court proceedings or enhance the effectiveness
of judicial and administrative action in child
abuse and neglect cases, particularly child
sexual abuse and exploitation cases, including
the enhancement of performance of court-
appointed attorneys and guardians ad litem for
children, and which also ensure procedural
fairness to the accused; and
(C) reform of State laws, ordinances,
regulations, protocols, and procedures to
provide comprehensive protection for children,
which may include those children involved in
reports of child abuse or neglect with a
potential combination of jurisdictions, such as
intrastate, interstate, Federal-State, and
State-Tribal, from child abuse and neglect,
including child sexual abuse and exploitation,
while ensuring fairness to all affected
persons.
(2) Exemption.--As determined by the Secretary, a
State shall be considered to be in fulfillment of the
requirements of this subsection if--
(A) the State adopts an alternative to the
recommendations of the State task force, which
carries out the purpose of this section, in
each of the categories under paragraph (1) for
which the State task force's recommendations
are not adopted; or
(B) the State is making substantial progress
toward adopting recommendations of the State
task force or a comparable alternative to such
recommendations.
(f) Funds Available.--For grants under this section, the
Secretary shall use the amount authorized by section 1404A of
the Victims of Crime Act of 1984 [(42 U.S.C. 10603a)] (34
U.S.C. 20104).
SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
(a) Construction of Facilities.--
(1) Restriction on use of funds.--Assistance provided
under this Act may not be used for construction of
facilities.
(2) Lease, rental, or repair.--The Secretary may
authorize the use of funds received under this Act--
(A) where adequate facilities are not
otherwise available, for the lease or rental of
facilities; or
(B) for the repair or minor remodeling or
alteration of existing facilities.
(b) Geographical Distribution.--The Secretary shall establish
criteria designed to achieve equitable distribution of
assistance under this Act among the States, Indian tribes, and
tribal organizations, among geographic areas of the Nation, and
among rural and urban areas of the Nation. To the extent
possible, the Secretary shall ensure that the citizens of each
State receive assistance from at least one project under this
Act.
(c) Protecting Against Systemic Child Sexual Abuse.--
(1) Reporting and task force.--Not later than 24
months after the date of the enactment of the Stronger
Child Abuse Prevention and Treatment Act, each State
task force established under section 107(c) and
expanded as described in paragraph (2) shall study and
make recommendations on the following, with a focus on
preventing systemic child sexual abuse:
(A) How to detect systemic child sexual abuse
that occurs in an organization.
(B) How to prevent child sexual abuse and
systemic child sexual abuse from occurring in
organizations, which shall include
recommendations to improve--
(i) practices and policies for the
education of parents, caregivers, and
victims, and age appropriate education
of children, about risk factors or
signs of potential child sexual abuse;
and
(ii) the efficacy of applicable State
laws and the role such laws play in
deterring or preventing incidences of
child sexual abuse.
(C) The feasibility of making available the
disposition of a perpetrator within an
organization to--
(i) the child alleging sexual abuse
or the child's family; or
(ii) an adult who was a child at the
time of the sexual abuse claim in
question or the adult's family.
(2) Task force composition.--For purposes of this
subsection, a State task force shall include--
(A) the members of the State task force
described in section 107(c) for the State; and
(B) the following:
(i) Family court judges.
(ii) Individuals from religious
organizations.
(iii) Individuals from youth-serving
organizations, including youth
athletics organizations.
(3) Reporting on recommendations.--Not later than 6
months after a State task force makes recommendations
under paragraph (1), the State maintaining such State
task force shall--
(A) make public the recommendations of such
report;
(B) report to the Secretary on the status of
adopting such recommendations; and
(C) in a case in which the State declines to
adopt a particular recommendation, make public
the explanation for such declination.
(4) Definitions.--For purposes of this subsection--
(A) the terms ``child sexual abuse'' and
``sexual abuse'' shall not be limited to an act
or a failure to act on the part of a parent or
caretaker;
(B) the term ``organization'' means any
entity that serves children; and
(C) the term ``systemic child sexual abuse''
means--
(i) a pattern of informal or formal
policy or de facto policy to not follow
State and local requirements to report
instances of child sexual abuse in
violation of State and local mandatory
reporting laws or policy; or
(ii) a pattern of assisting
individual perpetrators in maintaining
their careers despite substantiated
evidence of child sexual abuse.
[(c)] (d) Limitation.--No funds appropriated for any grant or
contract pursuant to authorizations made in this Act may be
used for any purpose other than that for which such funds were
authorized to be appropriated.
[(d)] (e) Sense of Congress.--It is the sense of Congress
that the Secretary should encourage all States and public and
private entities that receive assistance under this title to--
(1) ensure that children and families with limited
English proficiency who participate in programs under
this title are provided with materials and services
through such programs in an appropriate language other
than English; and
(2) ensure that individuals with disabilities who
participate in programs under this title are provided
with materials and services through such programs that
are appropriate to their disabilities.
[(e)] (f) Annual Report.--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 106.
* * * * * * *
[SEC. 110. REPORTS.
[(a) Coordination Efforts.--Not later than 1 year after the
date of enactment of the CAPTA Reauthorization Act of 2010, the
Secretary shall submit to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on
efforts to coordinate the objectives and activities of agencies
and organizations that are responsible for programs and
activities related to child abuse and neglect. Not later than 3
years after that date of enactment, the Secretary shall submit
to those committees a second report on such efforts during the
3-year period following that date of enactment. Not later than
5 years after that date of enactment, the Secretary shall
submit to those committees a third report on such efforts
during the 5-year period following that date of enactment.
[(b) Effectiveness of State Programs and Technical
Assistance.--Not later than 2 years after the date of enactment
of the CAPTA Reauthorization Act of 2010 and every 2 years
thereafter, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report evaluating the effectiveness of programs
receiving assistance under section 106 in achieving the
objectives of section 106.
[(c) Study and Report Relating to Citizen Review Panels.--
[(1) In general.--The Secretary shall conduct a study
to determine the effectiveness of citizen review
panels, established under section 106(c), in achieving
the stated function of such panels under section
106(c)(4)(A) of--
[(A) examining the policies, procedures, and
practices of State and local child protection
agencies; and
[(B) evaluating the extent to which such
State and local child protection agencies are
fulfilling their child protection
responsibilities, as described in clauses (i)
through (iii) of section 106(c)(4)(A).
[(2) Content of study.--The study described in
paragraph (1) shall be completed in a manner suited to
the unique design of citizen review panels, including
consideration of the variability among the panels
within and between States. The study shall include the
following:
[(A) Data describing the membership,
organizational structure, operation, and
administration of all citizen review panels and
the total number of such panels in each State.
[(B) A detailed summary of the extent to
which collaboration and information-sharing
occurs between citizen review panels and State
child protective services agencies or any other
entities or State agencies. The summary shall
include a description of the outcomes that
result from collaboration and information
sharing.
[(C) Evidence of the adherence and
responsiveness to the reporting requirements
under section 106(c)(6) by citizen review
panels and States.
[(3) Report.--Not later than 2 years after the date
of enactment of the CAPTA Reauthorization Act of 2010,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report that contains the results of
the study conducted under paragraph (1).
[(d) Study and Report Relating to Immunity From Prosecution
for Professional Consultation in Suspected and Known Instances
of Child Abuse and Neglect.--
[(1) Study.--The Secretary shall complete a study, in
consultation with experts in the provision of
healthcare, law enforcement, education, and local child
welfare administration, that examines how provisions
for immunity from prosecution under State and local
laws and regulations facilitate and inhibit individuals
cooperating, consulting, or assisting in making good
faith reports, including mandatory reports, of
suspected or known instances of child abuse or neglect.
[(2) Report.--Not later than 1 year after the date of
the enactment of the CAPTA Reauthorization Act of 2010,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report that contains the results of
the study conducted under paragraph (1) and any
recommendations for statutory or regulatory changes the
Secretary determines appropriate. Such report may be
submitted electronically.]
SEC. 110. STUDY AND REPORT RELATING TO SCALING EVIDENCE-BASED TREATMENT
OF CHILD ABUSE AND NEGLECT; STUDY AND REPORT ON
MARITAL AGE OF CONSENT; STUDY AND REPORT ON STATE
MANDATORY REPORTING LAWS.
(a) In General.--The Secretary shall conduct a study that
examines challenges to, and best practices for, the scalability
of treatments that reduce the trauma resulting from child abuse
and neglect and reduce the risk of revictimization, such as
those allowable under sections 105 and 106.
(b) Content of Study.--The study described in subsection (a)
shall be completed in a manner that considers the variability
among treatment programs and among populations vulnerable to
child abuse and neglect. The study shall include, at minimum:
(1) A detailed synthesis of the existing research
literature examining barriers and challenges to, and
best practices for the scalability of child welfare
programs and services as well as programs and services
for vulnerable children and families in related fields,
including healthcare and education.
(2) Data describing state and local providers'
experiences with scaling treatments that reduce the
trauma resulting from child abuse and neglect and
reduce the risk of revictimization.
(3) Consultation with experts in child welfare,
healthcare, and education.
(c) Report.--Not later than 3 years after the date of the
enactment of the Stronger Child Abuse Prevention and Treatment
Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and Labor of the House of Representatives a report
that contains the results of the study conducted under
subsection (a), including recommendations for best practices
for scaling treatments that reduce the trauma resulting from
child abuse and neglect and reduce the risk of revictimization.
(d) Study and Report on Marital Age of Consent.--
(1) Study.--The Secretary shall study, with respect
to each State--
(A) the State law regarding the minimum
marriage age; and
(B) the prevalence of marriage involving a
child who is under the age of such minimum
marriage age.
(2) Factors.--The study required under paragraph (1)
shall include an examination of--
(A) the extent to which any statutory
exceptions to the minimum marriage age in such
laws contribute to the prevalence of marriage
involving a child described in paragraph
(1)(B);
(B) whether such exceptions allow such a
child to be married without the consent of such
child; and
(C) the impact of such exceptions on the
safety of such children.
(3) Report.--Not later than 1 year after the date of
enactment of the Stronger Child Abuse Prevention and
Treatment Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of
the House of Representatives a report containing the
findings of the study required by this subsection,
including any best practices.
(e) Study and Report on State Mandatory Reporting Laws.--
(1) Study.--The Secretary shall collect information
on and otherwise study State laws for mandatory
reporting of incidents of child abuse or neglect. Such
study shall examine trends in referrals and
investigations of child abuse and neglect due to
differences in such State laws with respect to the
inclusion, as mandatory reporters, of the following
individuals:
(A) Individuals licensed or certified to
practice in any health-related field licensed
by the State, employees of health care
facilities or providers licensed by the State,
who are engaged in the admission, examination,
care or treatment of individuals, including
mental health and emergency medical service
providers.
(B) Individuals employed by a school who have
direct contact with children, including
teachers, administrators, and independent
contractors.
(C) Peace officers and law enforcement
personnel.
(D) Clergy, including Christian Science
practitioners, except where prohibited on
account of clergy-penitent privilege.
(E) Day care and child care operators and
employees.
(F) Employees of social services agencies who
have direct contact with children in the course
of employment.
(G) Foster parents.
(H) Court appointed special advocates
(employees and volunteers).
(I) Camp and after-school employees.
(J) An individual, paid or unpaid, who, on
the basis of the individual's role as an
integral part of a regularly scheduled program,
activity, or service, accepts responsibility
for a child.
(2) Report.--Not later than 4 years after the date of
enactment of the Stronger Child Abuse Prevention and
Treatment Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and Labor of
the House of Representatives a report containing the
findings of the study required by this subsection,
including any best practices related to the inclusion,
as mandatory reporters, of individuals described in
paragraph (1).
* * * * * * *
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) General authorization.--There are authorized to
be appropriated [to carry out this title $120,000,000
for fiscal year 2010] to carry out this title
$270,000,000 for fiscal year 2020 and such sums as may
be necessary for each of the fiscal years [2011 through
2015] 2021 through 2025.
(2) Discretionary activities.--
[(A) In general.--Of the amounts appropriated
for a fiscal year under paragraph (1), the
Secretary shall make available 30 percent of
such amounts to fund discretionary activities
under this title.]
(A) In general.--Of the amounts appropriated
for a fiscal year under paragraph (1), the
Secretary shall make available 30 percent of
such amounts, or $100,000,000, whichever is
less, to fund discretionary activities under
this title.
(B) Demonstration projects.--Of the amounts
made available for a fiscal year under
subparagraph (A), the Secretary shall make
available not more than 40 percent of such
amounts to carry out section 104.
(b) Availability of Funds Without Fiscal Year Limitation.--
The Secretary shall ensure that funds appropriated pursuant to
authorizations in this title shall remain available until
expended for the purposes for which they were appropriated.
* * * * * * *
SEC. 114. MONITORING AND OVERSIGHT.
The Secretary shall conduct monitoring to ensure that each
State that receives a grant under section 106 is in compliance
with the requirements of section 106(b), which--
(1) shall--
(A) be in addition to the review of the State
plan upon its submission under section
106(b)(1)(A); and
(B) include monitoring of State policies and
procedures required under [clauses (ii) and
(iii) of section 106(b)(2)(B)] clauses (i) and
(ii) of section 106(b)(2)(D); and
(2) may include--
(A) a comparison of activities carried out by
the State to comply with the requirements of
section 106(b) with the State plan most
recently approved under section 432 of the
Social Security Act;
(B) a review of information available on the
website of the State relating to its compliance
with the requirements of section 106(b);
(C) site visits, as may be necessary to carry
out such monitoring; and
(D) a review of information available in the
State's Annual Progress and Services Report
most recently submitted under section 1357.16
of title 45, Code of Federal Regulations (or
successor regulations).
SEC. 115. ELECTRONIC INTERSTATE DATA EXCHANGE SYSTEM.
(a) Interstate Data Exchange System.--
(1) In general.--The Secretary of Health and Human
Services shall consider the recommendations included in
the reports required under paragraph (8)(A) and
subsection (b)(2) in developing an electronic
interstate data exchange system that allows State
entities responsible under State law for maintaining
child abuse and neglect registries to communicate
information across State lines.
(2) Standards.--In developing the electronic
interstate data exchange system under paragraph (1),
the Secretary shall--
(A) use interoperable standards developed and
maintained by intergovernmental partnerships,
such as the National Information Exchange
Model;
(B) develop policies and governance standards
that--
(i) ensure consistency in types of
information shared and not shared; and
(ii) specify circumstances under
which data should be shared through the
interstate data exchange system; and
(C) ensure that all standards and policies
adhere to the privacy, security, and civil
rights laws of each State and Federal law.
(3) Limitation on use of electronic interstate data
exchange system.--The electronic interstate data
exchange system may only be used for purposes relating
to child safety.
(4) Pilot program.--
(A) Implementation.--Not later than 6 months
after the date of the enactment of this
section, the Secretary of Health and Human
Services shall begin implementation of a pilot
program to generate recommendations for the
full integration of the electronic interstate
data exchange system. Such pilot program shall
include not less than 10 States and not more
than 15 States.
(B) Completion.--Not later than 30 months
after the date of the enactment of this
section, the Secretary of Health and Human
Services shall complete the pilot program
described in subparagraph (A).
(5) Integration.--The Secretary of Health and Human
Services may assist States in the integration of this
system into the infrastructure of each State using
funds appropriated under this subsection.
(6) Participation.--As a condition on eligibility for
receipt of funds under section 106, each State shall--
(A) participate in the electronic interstate
data exchange system to the fullest extent
possible in accordance with State law (as
determined by the Secretary of Health and Human
Services) not later than December 31, 2027; and
(B) prior to the participation described in
subparagraph (A), provide to the Secretary of
Health and Human Services an assurance that the
child abuse and neglect registry of such State
provides procedural due process protections
with respect to including individuals on such
registry.
(7) Prohibition.--The Secretary of Health and Human
Services may not access or store data from the
electronic interstate data exchange system, unless the
State to which such data pertains voluntarily shares
such data with the Secretary of Health and Human
Services.
(8) Reports.--The Secretary of Health and Human
Services shall prepare and submit to Congress--
(A) not later than 3 years after the date of
the enactment of this section, a report on the
recommendations from the pilot program
described in paragraph (4); and
(B) not later than January 31, 2025, a report
on the progress made in implementing this
subsection.
(9) Authorization of appropriations.--Of the funds
appropriated under section 112 for a fiscal year--
(A) for each of fiscal years 2020 and 2021,
$2,000,000 shall be reserved to carry out this
section; and
(B) for each of fiscal years 2022 through
2025, $1,000,000 shall be reserved to carry out
this section.
(b) Working Group.--
(1) In general.-- Not later than 60 days after the
date of the enactment of this section, the Secretary of
Health and Human Services shall convene a working group
to study and make recommendations on the following:
(A) The feasibility of making publicly
available on the website of each State
definitions and standards of substantiated
child abuse and neglect for the State.
(B) Whether background check requirements
under this Act, the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et
seq.), and part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) are
complementary or if there are discrepancies
that need to be addressed.
(C) How to improve communication between and
across States, including through the use of
technology and the use of the electronic
interstate data exchange system established
under subsection (a), to allow for more
accurate and efficient exchange of child abuse
and neglect records.
(D) How to reduce barriers and establish best
practices for the State to provide timely
responses to requests from other States for
information contained in the State's child
abuse and neglect registry through the
electronic interstate data exchange system
established under subsection (a).
(E) How to ensure due process for any
individual included in a State's child abuse
and neglect registry, including the following:
(i) The level of evidence necessary
for inclusion in the State's child
abuse and neglect registry.
(ii) The process for notifying such
individual of inclusion in the State's
child abuse and neglect registry and
the implications of such inclusion.
(iii) The process for providing such
individual the opportunity to challenge
such inclusion, and the procedures for
resolving such challenge.
(iv) The length of time an
individual's record is to remain in the
State's child abuse and neglect
registry, and the process for removing
such individual's record.
(v) The criteria for when such
individual's child abuse and neglect
registry record may be--
(I) made accessible to the
general public;
(II) made available for
purposes of an employment
check; and
(III) be shared for the
purposes of participation in
the electronic interstate data
exchange system described in
subsection (a).
(2) Report.--Not later than 18 months after the date
of the enactment of this section, the working group
convened under paragraph (1) shall submit a report
containing its recommendations to the Secretary of
Health and Human Services, the Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Education and Labor of the House of
Representatives.
(3) Construction.--There shall be no requirement for
any State to adopt the recommendations of the working
group, nor shall the Secretary of Health and Human
Services incentivize or coerce any State to adopt any
such recommendation.
* * * * * * *
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 community-based efforts to develop,
operate, expand, enhance, and coordinate initiatives,
programs, and activities to prevent child abuse and
neglect and to support the coordination of resources
and activities, to better strengthen and support
families to reduce the likelihood of child abuse and
neglect; and
[(2) to foster an understanding, appreciation, and
knowledge of diverse populations in order to be
effective in preventing and treating child abuse and
neglect.
[(b) Authority.--The Secretary shall make grants under this
title on a formula basis to the entity designated by the State
as the lead entity (referred to in this title as the ``lead
entity'') under section 202(1) for the purpose of--
[(1) developing, operating, expanding, and enhancing
community-based and prevention-focused programs and
activities designed to strengthen and support families
to prevent child abuse and neglect that are accessible,
effective, culturally appropriate, and build upon
existing strengths that--
[(A) offer assistance to families;
[(B) provide early, comprehensive support for
parents;
[(C) promote the development of parenting
skills, especially in young parents and parents
with very young children;
[(D) increase family stability;
[(E) improve family access to other formal
and informal resources and opportunities for
assistance available within communities,
including access to such resources and
opportunities for unaccompanied homeless youth;
[(F) support the additional needs of families
with children with disabilities through respite
care and other services;
[(G) demonstrate a commitment to involving
parents in the planning and program
implementation of the lead agency and entities
carrying out local programs funded under this
title, including involvement of parents of
children with disabilities, parents who are
individuals with disabilities, racial and
ethnic minorities, and members of other
underrepresented or underserved groups; and
[(H) provide referrals to early health and
developmental services;
[(2) fostering the development of a continuum of
preventive services for children and families,
including unaccompanied homeless youth, through State
and community-based collaborations and partnerships
both public and private;
[(3) financing the start-up, maintenance, expansion,
or redesign of specific community-based child abuse and
neglect prevention program services (such as respite
care services, child abuse and neglect prevention
activities, disability services, mental health
services, substance abuse treatment services, domestic
violence services, housing services, transportation,
adult education, home visiting and other similar
services) identified by the inventory and description
of current services required under section 205(a)(3) as
an unmet need, and integrated with the network of
community-based child abuse and neglect prevention
programs to the extent practicable given funding levels
and community priorities;
[(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 and reporting, reporting and evaluation
costs for establishing, operating, or expanding
community-based and prevention-focused programs and
activities designed to strengthen and support families
to prevent child abuse and neglect; and
[(5) financing public information activities that
focus on the healthy and positive development of
parents and children and the promotion of child abuse
and neglect prevention activities.]
(a) Purpose.--The purposes of this title are--
(1) to establish and maintain support for community-
based family strengthening services and statewide
systems-building approaches to the extent practicable,
to ensure the development, operation, expansion,
coordination, and evaluation of quality services,
initiatives, programs, and activities to prevent child
abuse and neglect; and
(2) to promote improved access for diverse
populations with demonstrated need, including low-
income families, racial and ethnic minorities, families
with children or caregivers with disabilities,
underserved communities, and rural communities, to
family strengthening services in order to more
effectively prevent child abuse and neglect.
(b) Authority.--The Secretary shall make grants under this
title on a formula basis to the entity designated by the State
as the lead entity (referred to in this title as the ``lead
entity'') under section 202(1) for the following purposes:
(1) Providing programs, activities, and initiatives
to help families build protective factors linked to the
prevention of child abuse and neglect, such as
knowledge of parenting and child development, parental
resilience, social connections, time-limited and need-
based concrete support, and social and emotional
development of children, that--
(A) are accessible to diverse populations,
effective, and culturally appropriate;
(B) build upon existing strengths;
(C) offer assistance to families;
(D) provide early, comprehensive support for
parents;
(E) promote the development of healthy
familial relationships and parenting skills,
especially in young parents and parents with
very young children;
(F) increase family stability;
(G) improve family access to formal and
informal community-based resources, including
health and mental health services, time-limited
and need-based concrete supports, and services
and supports to meet the needs of families with
children or caregivers with disabilities; and
(H) support the additional needs of families
with children with disabilities, including
through respite care.
(2) Fostering the development of a continuum of
preventive services to strengthen families through
State- and community-based collaborations and both
public and private partnerships.
(3) Financing the start-up, maintenance, expansion,
or redesign of core services described in section 205,
where communities have identified gaps and decided to
prioritize the establishment of such services, to the
extent practicable given funding levels and community
priorities.
(4) Maximizing funding through leveraging Federal,
State, local, public, and private funds to carry out
the purposes of this title.
(5) Developing or enhancing statewide and local
networks to operate, expand, or enhance community-based
family strengthening services, initiatives, and
activities that promote child, parent, family, and
community health and well-being and prevent child abuse
and neglect.
(6) Promoting the development of, and coordination
with, existing community coalitions of networks of
family strengthening services that utilize culturally
responsive providers in order to enhance child, family,
and community well-being and prevent child abuse and
neglect in all families.
(7) Financing public information activities that
focus on parent and child development and child abuse
and neglect prevention.
(8) To the extent practicable--
(A) promoting the development and
implementation of a statewide systems-building
strategy to address the unmet needs identified
in the inventory described in section 204(3),
including the participation of public and
private stakeholders, community-based
organizations, legislators, parents and other
relevant stakeholders, and State agencies,
including the child welfare agency, the public
health agency, housing agency, and the State
education agency, to scale evidence-based,
evidence-informed, and promising programs that
expand access to family strengthening services
and reduce the numbers of children entering the
foster care system;
(B) developing comprehensive outreach
strategies to engage families with various risk
factors, including families who have
experienced trauma or domestic violence,
parents with substance use disorder, and
families with children or caregivers with
disabilities; and
(C) providing capacity-building supports to
local programs to improve desired outcomes for
children and families, such as--
(i) technical assistance, including
support for local programs to collect
outcome data that helps improve service
delivery;
(ii) professional development; and
(iii) peer support networks,
including through developing a problem-
solving forum.
SEC. 202. ELIGIBILITY.
A State shall be eligible for a grant under this title for a
fiscal year if--
(1)[(A) the Governor 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 community-based and prevention-
focused, programs and activities designed to strengthen
and support families to prevent child abuse and
neglect;]
(A) the Governor 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 community-based family strengthening services
designed to prevent child abuse and neglect;
(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;
(C) in determining which entity to designate under
subparagraph (A), the Governor should give priority
consideration equally to a trust fund advisory board of
the State or to an existing entity that leverages
Federal, State, and private funds for a broad range of
child abuse and neglect prevention activities and
family resource programs, and that is directed by an
interdisciplinary, public-private structure, including
participants from communities; and
[(D) in the case of a State that has designated a
State trust fund advisory board for purposes of
administering funds under this title (as such title was
in effect on the date of the enactment of the Child
Abuse Prevention and Treatment Act Amendments of 1996)
and in which one or more entities that leverage
Federal, State, and private funds (as described in
subparagraph (C)) exist, the Governor shall designate
the lead entity only after full consideration of the
capacity and expertise of all entities desiring to be
designated under subparagraph (A);]
(D) the Governor of the State has given consideration
to the capacity and expertise of all entities
requesting to be designated under subparagraph (A);
(2) the Governor of the State provides assurances
that the lead entity will provide or will be
responsible for providing--
(A) community-based and prevention-focused
programs and activities designed to strengthen
and support families to prevent child abuse and
neglect composed of local, collaborative,
public-private partnerships directed by
interdisciplinary structures with balanced
representation from private and public sector
members, parents, adult former victims of child
abuse or neglect, and public and private
nonprofit service providers and individuals and
organizations experienced in working in
partnership with families with children with
disabilities;
(B) direction through an interdisciplinary,
collaborative, public-private structure with
balanced representation from private and public
sector members, parents, adult former victims
of child abuse or neglect, and public sector
and private nonprofit sector service providers,
and parents with disabilities; and
(C) direction and oversight 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 Governor 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 community-based
and prevention-focused programs and activities
designed to strengthen and support families to
prevent child abuse and neglect;]
(A) has demonstrated ongoing meaningful
partnerships with parents in the development,
operation, and oversight of State- and
community-based family strengthening services
designed to prevent child abuse and neglect;
(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
[community-based and prevention-focused
programs and activities designed to strengthen
and support families] community-based family
strengthening services designed to prevent
child abuse and neglect;
[(C) has the capacity to provide operational
support (both financial and programmatic)
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 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.]
(C) has the capacity to provide operational
support (both financial and programmatic),
professional development, technical assistance,
and evaluation assistance, to community-based
organizations;
(D) will integrate efforts with individuals
and organizations experienced in working in
partnership with low-income families, racial
and ethnic minorities, families with children
or caregivers with disabilities, sexual and
gender minority youth, victims of domestic
violence, and with the child abuse and neglect
prevention activities in the State, and
demonstrate a financial commitment to those
activities; and
(E) will take into consideration access for
diverse populations and unmet need when
distributing funds to local programs under
section 205.
SEC. 203. AMOUNT OF GRANT.
[(a) Reservation.--The Secretary shall reserve 1 percent of
the amount appropriated under section 210 for a fiscal year to
make allotments to Indian tribes and tribal organizations and
migrant programs.]
(a) Reservation.--For the purpose of making allotments to
Indian tribes and tribal organizations and migrant programs,
the Secretary shall reserve 5 percent of the amount
appropriated under section 210(a) for each fiscal year, except
that, if making such reservation would cause the total amount
allotted to States under this section for a fiscal year to be
less than such total for fiscal year 2019, the Secretary shall
reserve 1 percent of the amount appropriated under section
210(a) for the year for such purpose.
(b) Remaining Amounts.--
(1) In general.--The Secretary shall allot the amount
appropriated under section 210 for a fiscal year and
remaining after the reservation under subsection (a)
among the States as follows:
(A) 70 percent.--70 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 number of children under the age of 18
residing in the State bears to the total number
of children under the age of 18 residing in all
States (except that no State shall receive less
than $175,000 under this subparagraph).
(B) 30 percent.--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 of private, State or other non-
Federal funds leveraged and directed through
the currently designated 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
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 (b).
(d) Limitation.--For any fiscal year for which the amount
allotted to a State under subsection (b) exceeds the amount
allotted to the State under such subsection for fiscal year
2019, the State's lead entity may use not more than 10 percent
of such excess amount for administrative expenses.
SEC. 204. 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] and
assurances required in paragraphs (2) and (3) of section 202
and types of information specified by the Secretary as
essential in carrying out the provisions of section 201(b),
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 [community-based and prevention-focused
programs and activities designed to strengthen and
support families] community-based family strengthening
services designed to prevent child abuse and neglect
which meets the requirements of section 202;
(2) a description of how the [community-based and
prevention-focused programs and activities designed to
strengthen and support families] community-based family
strengthening services designed to prevent child abuse
and neglect will operate, including how community-based
child abuse and neglect prevention programs provided by
public and private, nonprofit organizations will be
integrated into a developing continuum of family
centered, holistic, preventive services for children
and families;
(3) a description of the inventory of current unmet
needs and current [community-based and prevention-
focused programs and activities] community-based family
strengthening services designed 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 [community-based and prevention-
focused programs and activities designed to strengthen
and support families] community-based family
strengthening services designed to prevent child abuse
and neglect that verifies that the State will expend in
non-Federal funds an amount equal to not less than 20
percent of the amount received under this title (in
cash, not in-kind) for activities under this title;
(5) an assurance that funds received under this title
will supplement, not supplant, other State and local
public funds designated for the 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;] services and statewide strategies
designed to strengthen and support families to promote
child, family, and community well-being and prevent
child abuse and neglect;
[(6) a description of the State's capacity to ensure
the meaningful involvement of parents who are
consumers, of family advocates, and of adult former
victims of child abuse or neglect, who can provide
leadership in the planning, implementation, and
evaluation of the programs and policy decisions of the
applicant agency in accomplishing the desired outcomes
for such efforts;]
(6) a description of the State's capacity and
commitment to ensure the meaningful involvement of
parents who are or have been consumers of preventative
supports, including the involvement of parents of
diverse populations, such as low-income families,
families with children or caregivers with disabilities,
racial and ethnic minorities, and members of other
underrepresented or underserved groups, family
advocates, and adult victims of child abuse or neglect
who can provide leadership in the planning,
implementation, and evaluation of the programs and
policy decisions of the applicant agency in
accomplishing the desired outcomes for such efforts;
(7) a description of the process and criteria the
lead entity will use to identify and select communities
in which to build a continuum of family strengthening
services, including an assurance that the process will
ensure access for all families, including families in
communities with high rates of child abuse and neglect
relative to other communities in the State;
[(7)] (8) a description of the criteria that the
entity will use to develop, or select and fund,
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 and prevention-focused
programs 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,
unaccompanied homeless youth, and members of other
underserved or underrepresented groups;]
(9) a description of outreach activities that the
lead entity and local grantees will undertake to
maximize the participation of low-income families,
racial and ethnic minorities, families with children or
caregivers with disabilities, sexual and gender
minority youth, victims of domestic violence, 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
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 plan for providing operational support,
professional development, and technical assistance to
grantees, other State and local programs and providers,
families, and other entities involved in strengthening
families and preventing child abuse and neglect;
[(10)] (11) a description of how the applicant
entity's activities and those of the network [and its
members (where appropriate)] of community-based family
strengthening services and statewide initiatives 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 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]
(12) a description of the actions that the applicant
entity will take to inform systemic changes in State
policies, practices, procedures, and regulations to
improve the delivery of community-based family
strengthening services designed to promote child,
family, and community well-being, and to prevent child
abuse and neglect;
(13) a description of how the lead entity will
incorporate research evidence in its process for
selecting community-based family strengthening
services;
(14) an assurance that, in issuing regulations to
improve the delivery of community-based family
strengthening services designed to promote child,
family, and community well-being, and to prevent child
abuse and neglect, the State will--
(A) take into account how such regulations
will impact activities funded under this Act;
and
(B) where appropriate, attempt to avoid
duplication of efforts, minimize costs of
compliance with such regulations, and maximize
local flexibility with respect to such
regulations; and
[(12)] (15) 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. 205. LOCAL PROGRAM REQUIREMENTS.
[(a) In General.--Grants made under this title shall be used
to develop, implement, operate, expand, and enhance community-
based, and prevention-focused programs and activities designed
to strengthen and support families to prevent child abuse and
neglect that--
[(1) assess community assets and needs through a
planning process that involves parents, local public
agencies, local nonprofit organizations, and private
sector representatives in meaningful roles;
[(2) develop a comprehensive strategy to provide a
continuum of preventive, family-centered services to
children and families, especially to young parents, to
parents with young children, and to parents who are
adult former victims of domestic violence or child
abuse or neglect, through public-private partnerships;
[(3)(A) provide for core child abuse and neglect
prevention services, which may be provided directly by
the local recipient of the grant funds or through
grants or agreements with other local agencies, such
as--
[(i) parent education, mutual support and
self help, and parent leadership services;
[(ii) respite care services;
[(iii) outreach and followup services, which
may include voluntary home visiting services;
and
[(iv) community and social service referrals;
and
[(B) provide access to optional services,
including--
[(i) referral to and counseling for
adoption services for individuals
interested in adopting a child or
relinquishing their child for adoption;
[(ii) child care, early childhood
education and care, and intervention
services;
[(iii) referral to services and
supports to meet the additional needs
of families with children with
disabilities and parents who are
individuals with disabilities;
[(iv) referral to job readiness
services;
[(v) referral to educational
services, such as academic tutoring,
literacy training, and General
Educational Degree services;
[(vi) self-sufficiency and life
management skills training;
[(vii) community referral services,
including early developmental screening
of children;
[(viii) peer counseling; and
[(ix) domestic violence service
programs that provide services and
treatment to children and their non-
abusing caregivers.
[(4) develop leadership roles for the meaningful
involvement of parents in the development, operation,
evaluation, and oversight of the programs and services;
[(5) provide leadership in mobilizing local public
and private resources to support the provision of
needed child abuse and neglect prevention program
services; and
[(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.
[(b) Priority.--In awarding local grants under this title, a
lead entity shall give priority to effective community-based
programs serving low-income communities and those serving young
parents or parents with young children, including community-
based child abuse and neglect prevention programs..]
SEC. 205. LOCAL PROGRAM REQUIREMENTS.
(a) In General.--Grants from the lead entity made under this
title shall be used to develop, implement, operate, expand, and
enhance community-based family strengthening services designed
to prevent child abuse and neglect that--
(1) assess community assets and needs and develop a
strategy to create a comprehensive continuum of
effective services that strengthen and support families
to prevent child abuse and neglect, through a planning
process involving parents, local and public agencies,
local nonprofit organizations and service providers,
and private sector representatives in meaningful ways;
(2) develop or enhance existing place-based family
strengthening services, other parenting support
services, and connections and coordination among key
family services in the community by reaching spaces
familiar to such families; and
(3) help families build protective factors that
support child and family well-being and help prevent
child abuse and neglect, including knowledge of
parenting and child development, parental resilience,
social connections, time-limited and need-based
concrete support, and social and emotional development
of children.
(b) Local Consideration.--In awarding grants, the lead entity
shall consider, consistent with the needs of the State and
community, how the grantee--
(1) demonstrates the ability to form collaborations
across a range of services or initiatives and the
commitment to engage in long-term planning and
strategic development for community-based family
strengthening services as well as provide on-going
problem solving support;
(2) involves parents, including parents of children
with disabilities, diverse racial and ethnic groups,
and members of other underrepresented or underserved
populations, in the development, implementation,
oversight, and evaluation of services;
(3) addresses the need for place-based services and
the need to reach families in hard-to-reach areas
through approaches that provide core family
strengthening services;
(4) promotes improved access to family strengthening
services for diverse populations and ensures that the
services address identified needs of all families; and
(5) demonstrates an understanding of the sources of
child and family trauma and the strategies that
mitigate the impact of and prevent adverse childhood
experiences.
(c) Local Uses of Funds.--Grant funds from the lead entity
shall be used for community-based family strengthening services
designed to prevent child abuse and neglect, which may include
the following:
(1) Developing a strategy based on supporting a
comprehensive continuum of preventive, family-centered
services that strengthen and support families to
prevent child abuse and neglect, especially to young
parents, to parents with young children, and to parents
who are adult victims of domestic violence or child
abuse or neglect, through public-private partnerships.
(2) Addressing the needs of families in hard-to-reach
areas by creating access to place-based family
strengthening services.
(3) Performing an assessment of community needs,
including by partnering, at the option of the grantee,
with an organization that already has performed a needs
assessment (such as a Maternal, Infant and Early
Childhood Home Visiting program under section 511 of
the Social Security Act (42 U.S.C. 711) or a Head Start
program under the Head Start Act (42 U.S.C. 9831 et
seq.).
(4) Supporting outreach for services, including by
coordinating with existing family strengthening
services such as home visiting and other early
intervention programs.
(5) Providing, promoting the development or
enhancement of, or connecting families to, core
services that include--
(A) parenting support and parent education
programs, including services that help parents
and other caregivers support children's
development;
(B) parent leadership skills development
programs that support parents' personal growth
as leaders in their families and communities;
(C) mutual support groups for parents,
children, and parent partners;
(D) respite and crisis care; and
(E) referrals to optional community and
social services, including--
(i) domestic violence services;
(ii) screening and referrals to early
intervention;
(iii) voluntary home visiting
programs;
(iv) health and mental health
services, including referrals for
information on the State Medicaid plan
under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.);
(v) early care and learning programs
including child care and Head Start
programs and Early Head Start programs
under the Head Start Act (42 U.S.C.
9831 et seq.);
(vi) nutrition programs, including
the special supplemental nutrition
program for women, infants, and
children established under section 17
of the Child Nutrition Act of 1966 (42
U.S.C. 1786) and the supplemental
nutrition assistance program
established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
(vii) education and workforce
development programs, including adult
literacy, child development, wellness,
and family socioeconomic mobility
programs; and
(viii) services and supports to meet
the needs of families with children or
caregivers with disabilities, such as
early intervention services for infants
and toddlers with disabilities and
their families, as early intervention
services are defined in section 632 of
the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(6) Providing leadership in mobilizing local public
and private resources to support the provision of
community-based family strengthening services designed
to prevent child abuse and neglect.
(7) Developing and maintaining meaningful
partnerships with parents relating to the development,
operation, evaluation, and oversight of the programs
and services.
(8) Coordinating with other community-based family
strengthening services designed to prevent child abuse
and neglect in the development, operation, and
expansion of networks where appropriate.
(d) Priority.--When awarding grants, a lead entity shall give
priority to effective community-based efforts that serve low-
income communities and are focused on comprehensive approaches
to serving young parents or parents with young children.
SEC. 206. 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 [community-based and
prevention-focused programs and activities designed to
strengthen and support families] community-based family
strengthening services designed to prevent child abuse
and neglect that [meets] meet 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] which
description shall specify whether those services are
supported by research;
[(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 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;]
(3) shall demonstrate how they have addressed unmet
needs identified by the inventory required under
section 204;
(4) shall describe the number of families served,
including families with children or caregivers with
disabilities, and the involvement of a diverse
representation of families in the design, operation,
and evaluation of both community-based family
strengthening services and networks of such services;
(5) shall demonstrate a high level of satisfaction
among families who have used the services of the
[community-based and prevention-focused programs and
activities designed to strengthen and support families]
community-based family strengthening services designed
to prevent child abuse and neglect;
(6) shall demonstrate the establishment or
maintenance of innovative funding mechanisms, at the
State or community level, that blend Federal, State,
local, and private funds, and innovative,
interdisciplinary service delivery mechanisms, for the
development, operation, expansion, and enhancement of
the [community-based and prevention-focused programs
and activities designed to strengthen and support
families] community-based family strengthening services
designed to prevent child abuse and neglect;
[(7) shall describe the results of evaluation, or the
outcomes of monitoring, conducted under the State
program to demonstrate the effectiveness of activities
conducted under this title in meeting the purposes of
the program; and]
(7) shall describe--
(A) the number of programs funded
disaggregated by urban, suburban, and rural
community type;
(B) the number of children and families
served under each such program disaggregated by
urban, suburban, and rural community type; and
(C) the number of programs that partner with
outside entities and the services such outside
entities provide;
(8) shall demonstrate an implementation plan to
ensure the continued [leadership of] partnership with
parents in the on-going planning, implementation, and
evaluation of such [community-based and prevention-
focused programs and activities designed to strengthen
and support families] community-based family
strengthening services designed to prevent child abuse
and neglect[.]; and
(9) shall describe the extent to which there is
evidence to support the effectiveness of activities
conducted under this title for the program's intended
purpose, or, in instances where such evidence is not
available, shall describe barriers and challenges to
developing evidence of effectiveness.
SEC. 207. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
The Secretary may allocate [such sums as may be necessary]
not more than 5 percent 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
[community-based and prevention-focused programs and
activities designed to strengthen and support families]
community-based family strengthening services designed
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. 208. DEFINITIONS.
For purposes of this title:
[(2) 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.]
(1) Community-based family strengthening services.--
The term ``community-based family strengthening
services'' includes organizations such as family
resource programs, family support programs, voluntary
home visiting programs, respite care services,
parenting education, mutual support groups for parents,
children, parent partner programs, and other community
programs or networks of such programs that provide
activities that are designed to prevent child abuse and
neglect.
[(1)] (2) Community referral services.--The term
``community referral services'' means services provided
under contract or through interagency agreements to
assist families in obtaining needed information, mutual
support and community resources, including respite care
services, health and mental health services,
employability development and job training, and other
social services, including early developmental
screening of children, through help lines or other
methods.
(3) Respite care services.--The term ``respite care
services'' means short term care services, including
the services of crisis nurseries, provided in the
temporary absence of the regular caregiver (parent,
other relative, foster parent, adoptive parent, or
guardian) to children who--
(A) are in danger of child abuse or neglect;
(B) have experienced child abuse or neglect;
or
(C) have disabilities or chronic or terminal
illnesses.
Such services shall be provided within or outside the
home of the child, be short-term care (ranging from a
few hours to a few weeks of time, per year), and be
intended to enable the family to stay together and to
keep the child living in the home and community of the
child.
SEC. 209. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to prohibit
grandparents, kinship care providers, foster parents, adoptive
parents, or any other individual in a parenting role from
receiving or participating in services and programs under this
title.
SEC. [209.] 210. AUTHORIZATION OF APPROPRIATIONS.
[There are] (a) In General._There are authorized to be
appropriated [to carry out this title $80,000,000 for fiscal
year 2010] to carry out this title $270,000,000 for fiscal year
2020 and such sums as may be necessary for each of the fiscal
years [2011 through 2015] 2021 through 2025.
(b) Treatment of Non-Federal Funds in Certain Fiscal Years.--
For any fiscal year for which the amount appropriated under
subsection (a) exceeds the amount appropriated under such
subsection for fiscal year 2019, the Secretary shall consider
non-Federal funds and in-kind contributions as part of the
State contribution for the activities specified in section
204(4).
* * * * * * *
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CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978
* * * * * * *
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. [CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE] PURPOSE.
[(a) Findings.--Congress finds that--
[(1) on the last day of fiscal year 2009, some
424,000 children were living in temporary foster family
homes or other foster care settings;
[(2) most children in foster care are victims of
child abuse or neglect by their biological parents and
their entry into foster care brought them the
additional trauma of separation from their homes and
often their communities;
[(3) on average, children entering foster care have
more physical and mental health needs than do children
in the general population, and some require intensive
services because the children entering foster care--
[(A) were born to mothers who did not receive
prenatal care;
[(B) were born with life-threatening
conditions or disabilities;
[(C) were born addicted to alcohol or other
drugs; or
[(D) have HIV/AIDS;
[(4) each year, thousands of children in foster care,
regardless of their age, the size of the sibling group
they are a part of, their racial or ethnic status,
their medical condition, or any physical, mental or
emotional disability they may have, are in need of
placement with permanent, loving, adoptive families;
[(5)(A) States have made important strides in
increasing the number of children who are placed in
permanent homes with adoptive parents and in reducing
the length of time children wait for such a placement;
and
[(B) many thousands of children, however, still
remain in institutions or foster homes solely because
of legal and other barriers to such a placement;
[(6)(A) on the last day of fiscal year 2009, there
were 115,000 children waiting for adoption;
[(B) children waiting for adoption have had parental
rights of all living parents terminated or the children
have a permanency goal of adoption;
[(C)(i) the average age of children adopted with
public child welfare agency involvement during fiscal
year 2009 was a little more than 6 years; and
[(ii) the average age of children waiting for
adoption on the last day of that fiscal year was a
little more than 8 years of age and more than 30,000 of
those children were 12 years of age or older; and
[(D)(i) 25 percent of the children adopted with
public child welfare agency involvement during fiscal
year 2009 were African-American; and
[(ii) 30 percent of the children waiting for adoption
on the last day of fiscal year 2009 were African-
American;
[(7) adoption may be the best alternative for
assuring the healthy development of children placed in
foster care;
[(8) there are qualified persons seeking to adopt
such children who are unable to do so because of
barriers to their placement and adoption; and
[(9) in order both to enhance the stability of and
love in the home environments of such children and to
avoid wasteful expenditures of public funds, such
children--
[(A) should not have medically indicated
treatment withheld from them; or
[(B) 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 older children, minority children, sexual and
gender minority youth and children with special needs,
including disabled infants with life-threatening conditions, by
providing a mechanism to--
(1) promote quality standards for adoption services,
pre-placement, post-placement, and post-legal adoption
services and, counseling, and standards to protect the
rights of children in need of adoption;
(2) maintain an Internet-based national adoption
information exchange system to--
(A) bring together children who would benefit
from adoption and qualified prospective
adoptive parents who are seeking such children;
(B) conduct national recruitment efforts in
order to reach prospective parents for children
awaiting adoption; and
(C) connect placement agencies, prospective
adoptive parents, and adoptive parents to
resources designed to reduce barriers to
adoption, support adoptive families, and ensure
permanency; and
(3) demonstrate expeditious ways to free children for
adoption for whom it has been determined that adoption
is the appropriate plan.
SEC. 202. REPORT AND GUIDANCE ON UNREGULATED CUSTODY TRANSFERS.
(a) Sense of Congress.--It is the sense of Congress that:
(1) Some adopted children may be at risk of
experiencing an unregulated custody transfer because
the challenges associated with adoptions (including the
child's mental health needs and the difficulties many
families face in acquiring support services) may lead
families to seek out unregulated custody transfers.
(2) Some adopted children experience trauma, and the
disruption and placement in another home by unregulated
custody transfer creates additional trauma and
instability for children.
(3) Children who experience an unregulated custody
transfer may be placed with families who have not
completed required child welfare or criminal background
checks or clearances.
(4) Social services agencies and courts are often
unaware of the placement of children through
unregulated custody transfer and therefore do not
conduct assessments on the child's safety and well-
being in such placements.
(5) Such lack of placement oversight places a child
at risk for future abuse and increases the chance that
the child may experience--
(A) abuse or neglect;
(B) contact with unsafe adults or youth; and
(C) exposure to unsafe or isolated
environments.
(6) The caregivers with whom a child is placed
through unregulated custody transfer often have no
legal responsibility with respect to such child,
placing the child at risk for additional unregulated
custody transfers.
(7) Such caregivers also may not have complete
records with respect to such child, including the
child's birth, medical, or immigration records.
(8) A child adopted through intercountry adoption may
be at risk of not acquiring United States citizenship
if an unregulated custody transfer occurs before the
adoptive parents complete all necessary steps to
finalize the adoption of such child.
(9) Engaging in, or offering to engage in,
unregulated custody transfer places children at risk of
harm.
(b) Report to Congress.--
(1) In general.--Not later than 1 year after the date
of the enactment of this section, the Secretary of
Health and Human Services shall provide to the
Committee on Education and Labor of the House of
Representatives, the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of
the Senate, and the Committee on Health, Education,
Labor and Pensions of the Senate a report on
unregulated custody transfers of children, including of
adopted children.
(2) Elements.--The report required under paragraph
(1) shall include--
(A) the causes, methods, and characteristics
of unregulated custody transfers, including the
use of social media and the internet;
(B) the effects of unregulated custody
transfers on children, including the lack of
assessment of a child's safety and well-being
by social services agencies and courts due to
such unregulated custody transfer;
(C) the prevalence of unregulated custody
transfers within each State and across all
States; and
(D) recommended policies for preventing,
identifying, and responding to unregulated
custody transfers, including of adopted
children, that include--
(i) amendments to Federal and State
law to address unregulated custody
transfers;
(ii) amendments to child protection
practices to address unregulated
custody transfers; and
(iii) methods of providing the public
information regarding adoption and
child protection.
(c) Guidance to States.--
(1) In general.--Not later than 180 days after the
date specified in subsection (b)(1), the Secretary
shall issue guidance and technical assistance to States
related to preventing, identifying, and responding to
unregulated custody transfers, including of adopted
children.
(2) Elements.--The guidance required under paragraph
(1) shall include--
(A) education materials related to
preventing, identifying, and responding to
unregulated custody transfers for employees of
State, local, and Tribal agencies that provide
child welfare services;
(B) guidance on appropriate pre-adoption
education and post-adoption services for
domestic and international adoptive families to
promote child permanency; and
(C) the assistance available through the
National Resource Center for Special Needs
Adoption under section 203(b)(9).
(d) Definitions.--In this section:
(1) State.--The term ``State'' means each of the
several States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.
(2) Unregulated custody transfer.--The term
``unregulated custody transfer'' means the abandonment
of a child, by the child's parent, legal guardian, or a
person or entity acting on behalf, and with the
consent, of such parent or guardian--
(A) by placing a child with a person who is
not--
(i) the child's parent, step-parent,
grandparent, adult sibling, legal
guardian, or other adult relative;
(ii) a friend of the family who is an
adult and with whom the child is
familiar; or
(iii) a member of the Federally
recognized Indian tribe of which the
child is also a member;
(B) with the intent of severing the
relationship between the child and the parent
or guardian of such child; and
(C) without--
(i) reasonably ensuring the safety of
the child and permanency of the
placement of the child, including by
conducting an official home study,
background check, and supervision; and
(ii) transferring the legal rights
and responsibilities of parenthood or
guardianship under applicable Federal
and State law to a person described in
subparagraph (A).
SEC. 203. INFORMATION AND SERVICES.
(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 older children, minority children, and children
with special needs, particularly infants and toddlers with
disabilities who have life-threatening conditions, and services
to families 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 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 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, adoption
assistance programs, and post-legal adoption services;
(2) conduct, directly or by grant or contract with
public or private organizations, ongoing, extensive
recruitment efforts on a national level, including
efforts to promote the adoption of older children,
minority children, and children with special needs,
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 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 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) support the placement of children in kinship care
arrangements, pre-adoptive, or adoptive homes;
(7) increase the effective use of public or private
agencies (including community-based and other
organizations) by States, or sectarian institutions,
for the recruitment of potential adoptive and foster
families and to provide assistance in the placement of
children for adoption, including assisting in efforts
to work with organizations that promote the placement
of older children, minority children, and children with
special needs;
(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) not later than 2 years after the date of the
enactment of the Stronger Child Abuse Prevention and
Treatment Act, establish and maintain (directly or by
grant to or contract with public or private 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;
(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
(D) identify best practices to reduce
adoption disruption and termination;
(10) provide (directly or by grant to or contract
with States, local government entities, tribal child
welfare agencies, public or private 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) outreach, public education, or
media campaigns to inform the public of
the needs and numbers of such children;
(ii) recruitment of prospective
adoptive families for such children,
including developing and using
procedures to notify family and
relatives when a child enters the child
welfare system;
(iii) expediting, where appropriate,
the legal availability of such
children;
(iv) expediting, where appropriate,
the agency assessment of prospective
adoptive families identified for such
children;
(v) formation of prospective adoptive
family support groups;
(vi) training of personnel of--
(I) public agencies;
(II) private child welfare
and adoption agencies that are
licensed by the State; and
(III) adoptive parents
organizations and community-
based organizations with
experience in working with
minority populations;
(vii) education and training of
prospective adoptive or adoptive
parents;
(viii) use of volunteers and adoptive
parent groups; and
(ix) any other activities determined
by the Secretary to further the
purposes of this Act; 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] the children and youth
described in the matter preceding paragraph (1)
of section 201.
(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] pre- and
post- legal adoption services for families who have
adopted special needs children.
(2) Services.--Services provided under grants made
under this subsection shall supplement, not supplant,
services and the development of such 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;
(G) assistance to support groups for adoptive
parents, adopted children, and siblings of
adopted children;
(H) day treatment; and
(I) respite care.
(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.
(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, consistent with
the purpose of this title. Each application
shall contain information that--
(i) describes how the State plans to
improve the placement rate of children
in permanent homes;
(ii) describes the methods the State,
prior to submitting the application,
has used to improve the placement of
older children, minority children, and
children with special needs, who are
legally free for adoption;
(iii) describes the evaluation the
State plans to conduct, to identify the
effectiveness of programs and methods
of placement under this subsection, and
submit to the Secretary; and
(iv) describes how the State plans to
coordinate activities under this
subsection with relevant activities
under section 473 of the Social
Security Act (42 U.S.C. 673).
(B) Technical and other assistance.--The
Secretary shall provide, directly or by grant
to or contract with public or private 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 older children, minority children,
and 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.
(C) Evaluation.--The Secretary shall compile
the results of evaluations submitted by States
(described in subparagraph (A)(iii)) and submit
a report containing the compiled results to the
appropriate committees of Congress.
(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) 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,] with States,
Indian Tribes, 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, including through the use of web-based
tools such as the electronic interstate case-processing
system referred to in section 437(g) of the Social
Security Act (42 U.S.C. 629g(g)).
(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. (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 the Keeping Children and
Families Safe Act of 2003) designed to determine--
[(1) the nature, scope, and effects of the interstate (and,
to the extent feasible, intrastate) placement of children in
adoptive homes (not including the homes of stepparents or
relatives of the child in question) by persons or agencies.
[(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 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.]
SEC. 204. STUDY AND REPORT ON SUCCESSFUL ADOPTIONS.
(a) Study.--The Secretary shall conduct a study (directly or
by grant to, or contract with, public or private nonprofit
research agencies or organizations) on adoption outcomes and
the factors (including parental substance use disorder)
affecting those outcomes.
(b) Report.--Not later than the date that is 36 months after
the date of the enactment of the Stronger Child Abuse
Prevention and Treatment Act the Secretary shall submit a
report to Congress that includes the results of the study
required under subsection (a).
authorization of appropriations
Sec. 205. (a) There are authorized to be appropriated
$40,000,000 for [fiscal year 2010] fiscal year 2020 and such
sums as may be necessary for [fiscal years 2011 through 2015]
fiscal years 2021 through 2025 to carry out programs and
activities authorized under this subtitle.
(b) Not less than 30 percent and not more than 50 percent of
the funds appropriated under subsection (a) shall be allocated
for activities under subsections (b)(10) and (c) of section
203.
(c) 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.