[118th Congress Public Law 194]
[From the U.S. Government Publishing Office]
[[Page 2663]]
STOP INSTITUTIONAL CHILD ABUSE ACT
[[Page 138 STAT. 2664]]
Public Law 118-194
118th Congress
An Act
To study and prevent child abuse in youth residential programs, and for
other purposes. <<NOTE: Dec. 23, 2024 - [S. 1351]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Stop
Institutional Child Abuse Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Institutional Child Abuse Act''.
SEC. 2. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY.
(a) <<NOTE: Deadline. Contracts. Recommenda- tions.>> In General.--
Not later than 45 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall seek to enter into a
contract with the National Academies of Sciences, Engineering, and
Medicine (referred to in this section as the ``National Academies'') to
conduct a study to examine the state of youth in youth residential
programs and make recommendations.
(b) <<NOTE: Time period. Reports. Recommenda- tions.>> Study
Components.--Pursuant to the contract under subsection (a), the National
Academies shall, not later than 3 years after the date of enactment of
the Stop Institutional Child Abuse Act, and every 2 years thereafter for
a period of 10 years, issue a report informed by the study conducted
under such subsection that includes--
(1) <<NOTE: Criteria. Assessment.>> identification of the
nature, prevalence, severity, and scope of child abuse, neglect,
and deaths in youth residential programs, including types of
abuse and neglect, causes of abuse, neglect, and deaths, and
criteria used to assess abuse, neglect, and deaths;
(2) identification of all Federal and State funding sources
for youth residential programs;
(3) identification of Federal data collection sources on
youth in youth residential programs;
(4) identification of existing regulation of youth
residential programs, including alternative licensing standards
or licensing exemptions for youth residential programs;
(5) identification of existing standards of care of national
accreditation entities that provide accreditation or
certification of youth residential programs;
(6) identification of existing barriers in policy for
blending and braiding of funding sources to serve youth in
community-based settings;
(7) recommendations for coordination by agencies of data on
youth in youth residential programs;
[[Page 138 STAT. 2665]]
(8) recommendations for the improvement of oversight of
youth residential programs receiving Federal funding;
(9) identification of risk assessment tools, including
projects that provide for the development of research-based
strategies for risk assessments relating to the health, safety
(including with respect to the use of seclusion and restraints),
and well-being of youth in youth residential programs;
(10) recommendations to support the development and
implementation of education and training resources for
professional and paraprofessional personnel in the fields of
health care, law enforcement, judiciary, social work, child
protection (including the prevention, identification, and
treatment of child abuse and neglect), education, child care,
and other relevant fields, and individuals such as court
appointed special advocates and guardians ad litem, including
education and training resources regarding--
(A) the unique needs, experiences, and outcomes of
youth with lived experience in youth residential
programs;
(B) the enhancement of interagency communication
among child protective service agencies, protection and
advocacy systems, State licensing agencies, State
Medicaid agencies, and accreditation agencies;
(C) best practices to eliminate the use of physical,
mechanical, and chemical restraint and seclusion, and to
promote the use of positive behavioral interventions and
supports, culturally and linguistically sensitive
services, mental health supports, trauma- and grief-
informed care, and crisis de-escalation interventions;
and
(D) the legal duties of such professional and
paraprofessional personnel and youth residential program
personnel and the responsibilities of such professionals
and personnel to protect the legal rights of children in
youth residential programs, consistent with applicable
State and Federal law;
(11) recommendations to improve accessibility and
development of community-based alternatives to youth residential
programs;
(12) recommendations for innovative programs designed to
provide community support and resources to at-risk youth,
including programs that--
(A) support continuity of education, including
removing barriers to access;
(B) provide mentorship;
(C) support the provision of crisis intervention
services and in-home or outpatient mental health and
substance use disorder treatment; and
(D) provide other resources to families and parents
or guardians that assist in preventing the need for out-
of-home placement of youth in youth residential
programs;
(13) recommendations relating to the development,
dissemination, outreach, engagement, or training associated with
advancing least-restrictive, evidence-based, trauma and grief-
informed, and developmentally and culturally competent care for
youth in youth residential programs and youth at risk of being
placed in such programs;
(14) recommendations on best practices regarding the health
and safety (including reduction or elimination of use
[[Page 138 STAT. 2666]]
of seclusion and restraints), care, and treatment of youth in
youth residential programs to convey to States;
(15) recommendations to improve the coordination,
dissemination, and implementation of best practices regarding
the health and safety (including use, reduction, or elimination
of seclusion and restraints), care, and treatment of youth in
youth residential programs among child welfare systems,
licensing agencies, accreditation organizations, other relevant
monitoring and enforcement entities, State child welfare
agencies, State Medicaid agencies, State mental and behavioral
health agencies, consumers, and State protection advocacy
centers; and
(16) identification of aggregate data, including process-
oriented data such as length of stay and use of restraints, and
seclusion and outcome-oriented data such as discharge setting
and ability to be safely maintained in school and community at
least 12 months after discharge, including--
(A) recommendations on how such data should be
shared across child-placing agencies and stakeholders,
including individuals receiving services, families of
such individuals, and advocates; and
(B) identification of barriers to sharing
information across child-placing agencies.
(c) Consultation.--In carrying out the duties described in
subsection (b), the National Academies shall consult with--
(1) child advocates, including attorneys experienced in
working with youth overrepresented in the child welfare system
or the juvenile justice system;
(2) health professionals, including mental health and
substance use disorder professionals, nurses, physicians, social
workers, and other health care providers who provide services to
youth who may be served by residential programs;
(3) protection and advocacy systems;
(4) individuals experienced in working with youth with
disabilities, including emotional, mental health, and substance
use disorders;
(5) individuals with lived experience as children and youth
in youth residential programs, including individuals with
intellectual or developmental disabilities and individuals with
emotional, mental health, or substance use disorders;
(6) representatives of State and local child protective
services agencies and other relevant public agencies;
(7) parents or guardians of children and youth with
emotional, mental health, or substance use disorder needs;
(8) parents of children and youth with intellectual
disabilities and autism;
(9) experts on issues related to child abuse and neglect in
youth residential programs;
(10) administrators of youth residential programs;
(11) education professionals who provide services to youth
with complex needs in youth residential programs;
(12) State educational agencies;
(13) local educational agencies;
(14) Indian Tribes and Tribal organizations;
(15) State legislators;
(16) State licensing agencies;
(17) the Administration for Children and Families;
(18) the Administration for Community Living;
[[Page 138 STAT. 2667]]
(19) the Substance Abuse and Mental Health Services
Administration;
(20) the Department of Justice;
(21) the Indian Health Service;
(22) the Centers for Medicare & Medicaid Services;
(23) the National Council on Disability; and
(24) others, as appropriate.
(d) Report Submission and Publication. <<NOTE: Public
information.>> --The National Academies shall submit to the Secretary
for dissemination to relevant State agencies, and make publicly
available, a report on the comprehensive review conducted under
subsection (b), including the findings of the National Academies under
subsection (b);
(e) Definitions.--In this section:
(1) Child abuse and neglect.--The term ``child abuse and
neglect'' has the meaning given such term in section 3 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
(2) Culturally competent.--The term ``culturally competent''
has the meaning given such term in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15002).
(3) Indian tribe; tribal organization.--The terms ``Indian
Tribe'' and ``Tribal organization'' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(4) Protection and advocacy systems.--The term ``protection
and advocacy system'' means a system established by a State or
Indian Tribe under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(6) Youth.--The term ``youth'' means an individual who has
not attained the age of 22.
(7) Youth residential program.--
(A) In general.--The term ``youth residential
program'' means each location of a facility or program
operated by a public or private entity that, with
respect to one or more youth who are unrelated to the
owner or operator of the facility or program--
(i) provides a residential environment, such
as--
(I) a program with a wilderness or
outdoor experience, expedition, or
intervention;
(II) a boot camp experience or other
experience designed to simulate
characteristics of basic military
training or correctional regimes;
(III) an education or therapeutic
boarding school;
(IV) a behavioral modification
program;
(V) a residential treatment center
or facility;
(VI) a qualified residential
treatment program (as defined in section
472(k)(4) of the Social Security Act (42
U.S.C. 672(k)(4)));
(VII) a psychiatric residential
treatment program that meets the
requirements of subpart D
[[Page 138 STAT. 2668]]
of part 441 of title 42, Code of Federal
Regulations (or any successor
regulations);
(VIII) a group home serving children
and youth placed by any placing
authority;
(IX) an intermediate care facility
for individuals with intellectual
disabilities; or
(X) any residential program that is
utilized as an alternative to
incarceration for justice involved
youth, adjudicated youth, or youth
deemed delinquent; and
(ii) serves youth who have a history or
diagnosis of--
(I) an emotional, behavioral, or
mental health disorder;
(II) a substance misuse or use
disorder, including alcohol misuse or
use disorders; or
(III) an intellectual,
developmental, physical, or sensory
disability.
(B) Exclusion.--The term ``youth residential
program'' does not include--
(i) a hospital licensed by a State; or
(ii) a foster family home that--
(I) provides 24-hour substitute care
for children placed away from their
parents or guardians and for whom the
State child welfare services agency has
placement and care responsibility; and
(II) is licensed and regulated by
the State as a foster family home.
Approved December 23, 2024.
LEGISLATIVE HISTORY--S. 1351:
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CONGRESSIONAL RECORD, Vol. 170 (2024):
Dec. 11, considered and passed Senate.
Dec. 17, 18, considered and passed House.
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