[House Report 107-403]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-403
======================================================================
KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002
_______
April 11, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Boehner, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
ADDITIONAL MINORITY VIEWS
[To accompany H.R. 3839]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 3839) 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.
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 ``Keeping Children and Families Safe Act
of 2002''.
TITLE I--CHILD ABUSE PREVENTION AND RELATED PROGRAMS
Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act
CHAPTER 1--GENERAL PROGRAM
SEC. 101. 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U.S.C. 5102) is repealed.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. 102. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Functions.--Section 103(b)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5104(b)(1)) is amended by striking ``all
programs, including private programs, that show promise of success''
and inserting ``all effective programs, including private programs,
that show promise of success and the potential for broad-scale
implementation and replication''.
(b) Coordination With Available Resources.--Section 103(c)(1) of such
Act (42 U.S.C. 5104(c)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that
describes best practices being used throughout the
Nation for making appropriate referrals related to, and
addressing, the physical, developmental, and mental
health needs of abused and neglected children; and''.
SEC. 103. RESEARCH AND ASSISTANCE ACTIVITIES.
(a) Research.--Section 104(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by redesignating paragraph (1)(D) as paragraph (2) (and
redesignating the corresponding items contained therein
accordingly) and moving such paragraph two ems to the left;
(3) in paragraph (1)--
(A) in the first sentence of the matter preceding
subparagraph (A), by inserting ``, including
longitudinal research,'' after ``interdisciplinary
program of research'';
(B) in subparagraph (B), by inserting at the end
before the semicolon the following: ``, including the
effects of abuse and neglect on a child's development
and the identification of successful early intervention
services or other services that are needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and
inserting ``judicial systems, including
multidisciplinary, coordinated decisionmaking
procedures''; and
(ii) by striking ``and'' at the end; and
(D) by adding at the end the following:
``(D) the evaluation and dissemination of best
practices consistent with the goals of achieving
improvements in the child protective services systems
of the States in accordance with paragraphs (1) through
(12) of section 106(a);
``(E) effective approaches to interagency
collaboration between the child protection system and
the juvenile justice system that improve the delivery
of services and treatment, including methods for
continuity of treatment plan and services as children
transition between systems;
``(F) an evaluation of the redundancies and gaps in
the services in the field of child abuse and neglect
prevention in order to make better use of resources;
and
``(G) the information on the national incidence of
child abuse and neglect specified in subparagraphs (A)
through (K) of paragraph (2).'';
(4) in paragraph (2) (as redesignated)--
(A) by striking the matter preceding subparagraph (A)
(as redesignated) and inserting ``The Secretary shall
conduct research on the national incidence of child
abuse and neglect, including--'';
(B) in subparagraph (H) (as redesignated), by
striking ``and'' at the end;
(C) by redesignating subparagraph (I) (as
redesignated) as subparagraph (J); and
(D) by inserting after subparagraph (H) the
following:
``(I) the incidence and prevalence of child
maltreatment by reason of family structure, including
the living arrangement of the resident parent, family
income, and family size; and'';
(5) by inserting after paragraph (2) (as redesignated) the
following:
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2002, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate a report that contains the results of the research
conducted under paragraph (2).''; and
(6) in paragraph (4) (as redesignated), by amending
subparagraph (B) to read as follows:
``(B) The Secretary shall, every two years, provide
opportunity for public comment of such proposed priorities and
provide for an official record of such public comment.''.
(b) Provision of Technical Assistance.--Section 104(b) of such Act
(42 U.S.C. 5105(b)) is amended--
(1) in paragraph (1), by inserting ``, including replicating
successful program models,'' after ``and carrying out programs
and activities''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(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.''.
SEC. 104. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE ORGANIZATIONS
FOR DEMONSTRATION PROGRAMS AND PROJECTS.
(a) Demonstration Programs and Projects.--Section 105(a) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of subparagraph
(C) and inserting a semicolon; and
(C) by adding at the end the following:
``(D) for training to support the enhancement of
linkages between child protective service agencies and
health care agencies, including physical and mental
health services, to improve forensic diagnosis and
health evaluations and for innovative partnerships
between child protective service agencies and health
care agencies that offer creative approaches to using
existing Federal, State, local, and private funding to
meet the health evaluation needs of children who have
been subjects of substantiated cases of child abuse or
neglect;
``(E) for the training of personnel in best practices
to promote collaboration with the families from the
initial time of contact during the investigation
through treatment; and
``(F) for the training of personnel regarding the
legal duties of such personnel.'';
(2) in paragraph (2), by striking ``(such as Parents
Anonymous)''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``responding to
reports'' and inserting ``addressing
the prevention and treatment''; and
(II) by striking ``including'' and
all that follows through ``triage
system'' and inserting ``, including
community-based organizations, national
entities, collaborative partnerships
between State child protective service
agencies, statewide child abuse
prevention and treatment organizations,
law enforcement agencies, substance
abuse treatment entities, health care
entities, domestic violence prevention
entities, mental health services
entities, developmental disability
agencies, community social service
agencies, family support programs,
schools, religious organizations, and
other entities to allow for the
establishment of a triage system''; and
(ii) in clause (iii), by striking ``child's
safety is in jeopardy'' and inserting ``child's
safety and health are in jeopardy''; and
(B) by adding at the end the following:
``(D) Linkages between child protective service
agencies and public health, mental health, and
developmental disabilities agencies.--The Secretary may
award grants to entities that provide linkages between
State or local child protective service agencies and
public health, mental health, and developmental
disabilities agencies, for the purpose of establishing
linkages that are designed to help assure that a
greater number of substantiated victims of child
maltreatment have their physical health, mental health,
and developmental needs appropriately diagnosed and
treated.''.
(b) Discretionary Grants.--Section 105(b) of such Act (42 U.S.C.
5106(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) 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.''.
(c) Evaluation.--Section 105(c) of such Act (42 U.S.C. 5106(c)) is
amended--
(1) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(2) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a demonstration grant,
the Secretary shall make available technical assistance for the
evaluation, where needed, to ensure a rigorous application of
scientific evaluation techniques.''.
SEC. 105. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case
monitoring,'' after ``case management''; and
(B) by inserting ``and treatment'' after ``and
delivery of services'';
(2) in paragraph (4)--
(A) by striking ``automation'' and inserting
``management information and technology''; and
(B) by adding at the end before the semicolon the
following: ``, including to support the ability of
States to collect information for the National Child
Abuse and Neglect Data System'';
(3) in paragraph (5), by adding at the end before the
semicolon the following: ``, including training regarding best
practices to promote collaboration with the families and the
legal duties of such individuals'';
(4) by redesignating paragraphs (6) through (9) as paragraphs
(7) through (10), respectively;
(5) by inserting after paragraph (5) the following:
``(6) improving the quality and availability of individuals
providing services to children and families, and the
supervisors of such individuals, through the child protection
system, including improvements in the recruitment and retention
of caseworkers;''
(6) by redesignating paragraphs (8) through (10) (as
redesignated) as paragraphs (9) through (11), respectively;
(7) by inserting after paragraph (7) the following:
``(8) 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;'';
(8) by striking ``or'' at the end of paragraph (10) (as
redesignated);
(9) by redesignating paragraph (11) (as redesignated) as
paragraph (12);
(10) by inserting after paragraph (10) the following:
``(11) promoting partnerships between public agencies and
community-based organizations to provide child abuse and
neglect prevention and treatment services, including linkages
with education systems and health care systems (including
mental health systems);'';
(11) by striking the period at the end of paragraph (12) (as
redesignated) and inserting a semicolon; and
(12) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity of treatment plan and services
as children transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to address the health needs of
children identified as abused or neglected, including
supporting prompt, comprehensive health and developmental
evaluations for children who are the subject of substantiated
child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) State plan.--Section 106(b)(1)(B) of such Act (42 U.S.C.
5106(b)(1)(B)) is amended--
(A) by striking ``provide notice to the Secretary of
any substantive changes'' and inserting the following:
``provide notice to the Secretary of--
``(i) any substantive changes'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) any significant changes to how funds
provided under this section are used to support
the activities which may differ from the
activities as described in the current State
application.''.
(2) Coordination.--Section 106(b)(2)(A) of such Act (42
U.S.C. 5106a(b)(2)(A)) is amended--
(A) by redesignating clauses (ii) through (xiii) as
clauses (iii) through (xiv), respectively;
(B) by inserting after clause (i) the following:
``(ii) policies and procedures to address the
needs of infants born and identified with fetal
alcohol effects, fetal alcohol syndrome,
neonatal intoxication or withdrawal syndrome,
or neonatal physical or neurological harm
resulting from prenatal drug exposure,
including--
``(I) the 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 create a
definition under Federal law of what
constitutes child abuse and such
notification shall not be construed to
require prosecution for any illegal
action; and
``(II) the development of a safe plan
of care for the infant under which
consideration may be given to providing
the mother with health services
(including mental health services),
social services, parenting services,
and substance abuse prevention and
treatment counseling and to providing
the infant with referral to the
statewide early intervention program
funded under part C of the Individuals
with Disabilities Education Act for an
evaluation for the need for services
provided under part C of such Act;'';
(C) by redesignating clauses (vi) through (xiv) (as
redesignated) as clauses (vii) through (xv),
respectively;
(D) by inserting after clause (v) (as redesignated)
the following:
``(vi) provisions to require a State to
disclose confidential information to any
Federal, State, or local government entity, or
any agent of such entity, that has a need for
such information in order to carry out its
responsibilities under law to protect children
from abuse and neglect;'';
(E) in clause (vii)(II) (as redesignated), by
striking ``, having a need for such information'' and
all that follows through ``abuse and neglect'' and
inserting ``as described in clause (vi)'';
(F) in clause (xiii) (as redesignated), by striking
``to be effective not later than 2 years after the date
of the enactment of this section'';
(G) in clause (xiv) (as redesignated)--
(i) in the matter preceding subclause (I), by
striking ``to be effective not later than 2
years after the date of the enactment of this
section''; and
(ii) in subclause (IV), by striking ``and''
at the end;
(H) in clause (xv) (as redesignated), by striking
``clause (xii)'' each place it appears and inserting
``clause (xiv)''; and
(I) by adding at the end the following:
``(xvi) provisions and procedures to require
that a representative of the child protective
services agency shall, at the initial time of
contact with the individual subject to a child
abuse and neglect investigation, advise the
individual of the complaints or allegations
made against the individual, in a manner that
is consistent with laws protecting the rights
of the informant;
``(xvii) provisions addressing the training
of representatives of the child protective
services system regarding their legal duties,
which may consist of procedures to inform such
representatives of such duties, in order to
protect the legal rights of children and
families from the initial time of contact
during the investigation through treatment;
``(xviii) provisions and procedures for
improving the training, retention, and
supervision of caseworkers; and
``(xix) 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 the statewide early intervention
program funded under part C of the Individuals
with Disabilities Education Act for an
evaluation for the need of services provided
under part C of such Act.''.
(3) Limitation.--Section 106(b)(3) of such Act (42 U.S.C.
5106a(b)(3)) is amended by striking ``With regard to clauses
(v) and (vi) of paragraph (2)(A)'' and inserting ``With regard
to clauses (vi) and (vii) of paragraph (2)(A)''.
(c) Citizen Review Panels; Reports.--Section 106(c) of such Act (42
U.S.C. 5106a(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``policies and
procedures'' and inserting ``policies, procedures, and
practices''; and
(B) by adding at the end the following:
``(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).''; and
(2) in paragraph (6), by inserting ``State and'' before
``public''.
(d) Annual State Data Reports.--Section 106(d) of such Act (42 U.S.C.
5106a(d)) is amended by adding at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required
by subsection (c)(6).
``(14) The number of children under the care of the State
child protection system transferred into the custody of the
State juvenile justice system.''.
SEC. 106. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION
AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.
Section 107(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106c(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the handling of cases involving children with
disabilities or serious health-related problems who are victims
of abuse or neglect.''.
SEC. 107. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(d) Sense of Congress.--It is the sense of Congress that the
Secretary should encourage all States and public and private agencies
or organizations that receive assistance under this title to ensure
that children and families with limited English proficiency who
participate in programs under this title are provided materials and
services under such programs in an appropriate language other than
English.''.
SEC. 108. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(c) Study and Report Relating to Citizen Review Panels.--
``(1) Study.--The Secretary shall conduct a study by random
sample on the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of the
enactment of Keeping Children and Families Safe Act of 2002,
the Secretary shall submit to the Committee on Education and
the Workforce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate a report
that contains the results of the study conducted under
paragraph (1).''.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read
as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2003 and such sums as may be necessary for each of the
fiscal years 2004 through 2007.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of such Act (42
U.S.C. 5106h(a)(2)(B)) is amended by striking ``Secretary make'' and
inserting ``Secretary shall make''.
CHAPTER 2--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS
SEC. 111. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(a)(1)) is amended--
(1) by striking ``prevention-focused,''; and
(2) by inserting ``for the prevention of child abuse and
neglect'' after ``family resource and support programs''.
(b) Authority.--Section 201(b) of such Act (42 U.S.C. 5116(b)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``prevention-focused,''; and
(ii) by striking ``family resource and
support programs'' and inserting ``family
support programs for the prevention of child
abuse and neglect'';
(B) in subparagraph (F), by striking ``and'' at the
end; and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and
ethnic minorities, and members of other
underrepresented or underserved groups;
``(H) provide referrals to early health and
developmental services; or
``(I) are accessible, effective, culturally
appropriate, developmentally appropriate, and built
upon existing strengths;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds''
after ``maximizing funding'';
(B) by striking ``prevention-focused,''; and
(C) by striking ``family resource and support
program'' and inserting ``family support programs for
the prevention of child abuse and neglect''.
SEC. 112. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``prevention-focused,'';
(ii) by striking ``family resource and
support programs,'' and inserting ``family
support programs for the prevention of''; and
(iii) by striking ``prevention activities'';
and
(B) in subparagraph (B), by inserting ``that exists
to strengthen and support families for purposes of
preventing child abuse and neglect and'' after
``written authority of the State)'';
(2) in paragraph (2)(A)--
(A) by striking ``family resource and support
programs'' and inserting ``family support programs for
the prevention of child abuse and neglect''; and
(B) by adding at the end before the semicolon the
following: ``and parents with disabilities''; and
(3) in paragraph (3)--
(A) by striking ``prevention-focused,'' each place it
appears;
(B) by striking ``family resource and support
programs'' each place it appears and inserting ``family
support programs for the prevention of child abuse and
neglect'';
(C) in subparagraph (C), by striking ``and technical
assistance,'' and inserting ``, technical assistance,
and evaluation assistance''; and
(D) in subparagraph (D), by inserting ``, parents
with disabilities,'' after ``children with
disabilities''.
SEC. 113. AMOUNT OF GRANT.
Section 203(b)(1)(B) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116b(b)(1)(B)) is amended--
(1) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated''; and
(2) by striking ``the lead agency'' and inserting ``the
current lead agency''.
SEC. 114. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5115c) is repealed.
SEC. 115. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraphs (1), (2), (4), (8), and (9)--
(A) by striking ``prevention-focused,'' each place it
appears; and
(B) by striking ``family resource and support
programs'' each place it appears and inserting ``family
support programs for the prevention of child abuse and
neglect'';
(2) in paragraph (2), by striking ``family resource and
support services'' and inserting ``family support services'';
(3) in paragraph (3)--
(A) by striking ``an assurance that an inventory of''
and inserting ``a description of the inventory of
current unmet needs,'';
(B) by striking ``family resource programs'' and
inserting ``family support programs'';
(C) by striking ``, respite care, child abuse and
neglect prevention activities,'' and inserting ``for
the prevention of child abuse and neglect, including
respite care''; and
(D) by striking ``, will be provided'';
(4) in paragraph (5)--
(A) by inserting ``start-up, maintenance, expansion,
and redesigning'' after ``other State and local public
funds designated for'';
(B) by striking ``prevention-focused,''; and
(C) by striking ``family resource and support
programs'' and inserting ``family support programs for
the prevention of child abuse and neglect'';
(5) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``child abuse and neglect prevention
programs that are community-based, including family support
programs''; and
(6) in paragraph (11)--
(A) by striking ``prevention-focused,''; and
(B) by striking ``family resource and support program
services'' and inserting ``family support program
services for the prevention of child abuse and
neglect''.
SEC. 116. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``, network,'' after ``expand'';
(B) by striking ``prevention-focused,''; and
(C) by striking ``family resource and support
programs'' and inserting ``family support programs for
the prevention of child abuse and neglect'';
(2) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by striking
``family resource and support services'' and inserting
``family support services for the prevention of child
abuse and neglect'';
(B) in clause (iii), by striking ``and'' at the end;
and
(C) by adding at the end the following:
``(v) respite care;
``(vi) home visiting; and
``(vii) family support services;''; and
(3) in paragraph (6)--
(A) by striking ``prevention-focused,''; and
(B) by striking ``family resource and support
program'' and inserting ``family support programs for
the prevention of child abuse and neglect''.
SEC. 117. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraph (1)--
(A) by striking ``prevention-focused,''; and
(B) by striking ``family resource and support
programs'' and inserting ``family support programs for
the prevention of child abuse and neglect'';
(2) in paragraph (2), by striking ``, including'' and all
that follows through ``section 202'' and inserting ``, such as
the services described in section 206(a)(3)(A)'';
(3) in paragraph (3), by striking ``of new respite care and
other specific new family resources services, and the expansion
of existing services,'' and inserting ``and the maintenance,
enhancement, or expansion of existing services such as those
described in section 206(a)(3)(A),''; and
(4) in paragraph (4)--
(A) by inserting ``and parents with disabilities,''
after ``children with disabilities,'';
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this
title'' and inserting ``evaluation of community-based
child abuse and neglect prevention programs''; and
(5) in paragraphs (5), (6), and (8)--
(A) by striking ``prevention-focused,'' each place it
appears; and
(B) by striking ``family resource and support
programs'' each place it appears and inserting ``family
support programs for the prevention of child abuse and
neglect''.
SEC. 118. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116g(3)) is amended--
(1) by striking ``prevention-focused,''; and
(2) by striking ``family resource and support programs'' and
inserting ``family support programs for the prevention of child
abuse and neglect''.
SEC. 119. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by
striking ``given such term in section 602(a)(2)'' and inserting ``given
the term `child with a disability' in section 602(3)''.
(b) Family Resource and Support Program.--Section 209(3) of such Act
(42 U.S.C. 5116h(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking ``,
prevention-focused'';
(2) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``core services'' and inserting ``core child abuse and
neglect prevention services'';
(B) in clause (i)--
(i) by striking ``, together with services'';
(ii) by striking ``equality and respect,
and'' and inserting ``equality and respect that
are''; and
(iii) by inserting at the end before the
semicolon the following: ``in order to prevent
child abuse and neglect''; and
(C) in clause (ii), by striking ``to one another''
and inserting ``for support of one another''; and
(3) in subparagraph (C)(iii), by striking ``scholastic'' and
inserting ``academic''.
SEC. 120. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2003 and such sums as may be necessary for
each of the fiscal years 2004 through 2007.''.
CHAPTER 3--TECHNICAL AND CONFORMING AMENDMENTS; REDESIGNATIONS
SEC. 121. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Findings.--Section 2(3)(D) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 note) is amended by striking ``ensures
properly trained and support staff with specialized knowledge,'' and
inserting ``ensures staff have proper training and specialized
knowledge''.
(b) Title I.--Title I of such Act (42 U.S.C. 5101 et seq.) is amended
as follows:
(1) In section 104(d)(1), by striking ``federal agencies''
and inserting ``Federal agencies''.
(2) In section 105(b), in the matter preceding paragraph (1),
by striking ``subsection (b)'' and inserting ``subsection
(a)''.
(3) In section 106(b)(2)--
(A) in subparagraph (A), by striking ``Statewide
program'' and inserting ``statewide program''; and
(B) in subparagraph (B)(iii), by striking ``life
threatening'' and inserting ``life-threatening''.
(4) In section 107(e)(1)(B), by striking ``improve the rate''
and all that follows through ``child sexual abuse cases'' and
inserting the following: ``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''.
(5) By redesignating sections 103 through 113 as sections 102
through 112, respectively.
(c) Title II.--Title II of such Act (42 U.S.C. 5116 et seq.) is
amended as follows:
(1) In paragraphs (1) and (4) of section 201(b), paragraphs
(1)(A), (3)(A), (3)(B), and (3)(C) of section 202, paragraphs
(1) and (5) of section 205, section 206(a)(6), paragraphs (1)
and (6) of section 207, and section 208(3), by striking
``Statewide'' each place it appears and inserting
``statewide''.
(2) In section 205, by redesignating paragraph (13) as
paragraph (12).
(3) In section 207(8), by striking ``community based'' and
inserting ``community-based''.
(4) By redesignating sections 205 through 210 as sections 204
through 209, respectively.
SEC. 122. REDESIGNATIONS.
(a) Redesignations.--
(1) Title i.--(A) Title I of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by striking
the heading for such title and inserting the following:
``Subtitle A--General Program''.
(B) Sections 101 through 112 of such Act (as redesignated)
are further redesignated as sections 111 through 122,
respectively.
(2) Title ii.--(A) Title II of such Act is amended by
striking the heading for such title and inserting the
following:
``Subtitle B--Community-Based Family Support Grants for the Prevention
of Child Abuse and Neglect''.
(B) Sections 201 through 209 of such Act (as redesignated)
are further redesignated as sections 131 through 139,
respectively.
(b) Conforming Amendments.--
(1) Title heading.--The Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) is amended by inserting before
section 1 the following:
``TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT''.
(2) Short title; table of contents; findings.--(A) Section 1
of such Act (42 U.S.C. 5101 note) is amended to read as
follows:
``SEC. 101. SHORT TITLE.
``This title may be cited as the `Child Abuse Prevention and
Treatment Act'.''.
(B) Section 2 of such Act (42 U.S.C. 5101 note) is
redesignated as section 102.
(3) Subtitle a.--Subtitle A of title I of such Act (as
redesignated by subsection (a)(1)) is amended as follows:
(A) In section 111(b) (as redesignated), by striking
``this Act'' and inserting ``this title'' in the first
sentence.
(B) In section 112(c)(1)(E) (as redesignated), by
striking ``section 105(a)'' and inserting ``section
113(a)''.
(C) In section 113(b)(2)(C) (as redesignated), by
striking ``titles I and II'' and inserting ``this
subtitle and subtitle B''.
(D) In section 115(b)(2)(A)(vii) (as redesignated),
by striking ``Act'' and inserting ``title''.
(E) In section 116(b)(1) (as redesignated), by
striking ``section 107(b)'' and inserting ``section
115(b)''.
(F) In section 117 (as redesignated), by striking
``this Act'' each place it appears and inserting ``this
title''.
(G) In section 118 (as redesignated), by striking
``this Act'' and inserting ``this title''.
(H) In section 119(b) (as redesignated), by striking
``section 107'' and inserting ``section 116''.
(I) In section 120 (as redesignated), by striking
``this title'' and inserting ``this subtitle''.
(J) In section 121 (as redesignated)--
(i) by striking ``this title'' each place it
appears and inserting ``this subtitle''; and
(ii) in subsection (a)(2)(B), by striking
``section 106'' and inserting ``section 115''.
(K) In section 122(a) (as redesignated), by striking
``this Act'' and inserting ``this title''.
(4) Subtitle b.--Subtitle B of title I of such Act (as
redesignated by subsection (a)(2)) is amended as follows:
(A) In section 131 (as redesignated)--
(i) by striking ``this title'' each place it
appears and inserting ``this subtitle''; and
(ii) in subsection (b)--
(I) in the matter preceding paragraph
(1), by striking ``section 202(1)'' and
inserting ``section 132(1)''; and
(II) in paragraph (3), by striking
``section 205(a)(3)'' and inserting
``section 134(a)(3)''.
(B) In section 132 (as redesignated)--
(i) by striking ``this title'' each place it
appears and inserting ``this subtitle''; and
(ii) in paragraph (1)(D) by striking ``such
title'' and inserting ``such subtitle''.
(C) In section 133 (as redesignated), by striking
``section 210'' each place it appears and inserting
``section 139''.
(D) In section 134 (as redesignated)--
(i) by striking ``this title'' each place it
appears and inserting ``this subtitle'';
(ii) by striking ``section 202'' each place
it appears and inserting ``section 132''; and
(iii) in paragraph (2), by striking ``this
Act'' and inserting ``this title''.
(E) In section 135 (as redesignated), by striking
``this title'' each place it appears and inserting
``this subtitle''.
(F) In section 136 (as redesignated)--
(i) by striking ``this title'' each place it
appears and inserting ``this subtitle'';
(ii) in paragraph (2), by striking ``section
206(a)(3)(A)'' and inserting ``section
135(a)(3)(A)''; and
(iii) in paragraph (3)--
(I) by striking ``section
206(a)(3)(A)'' and inserting ``section
135(a)(3)(A)''; and
(II) by striking ``section 205(3)''
and inserting ``section 134(3)''.
(G) In section 139 (as redesignated), by striking
``this title'' and inserting ``this subtitle''.
Subtitle B--Amendments to Other Child Abuse Prevention and Related
Programs
CHAPTER 1--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT
OF 1978
SEC. 131. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111(a)) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by striking ``increasingly''; and
(B) by striking ``which'' and inserting ``that'';
(3) by amending paragraph (3) to read as follows:
``(3) many such children have special needs because they are
born to mothers who did not receive prenatal care, are born
with life-threatening conditions or disabilities, are born
addicted to alcohol and other drugs, or have been exposed to
infection with the etiologic agent for the human
immunodeficiency virus;'';
(4) in paragraph (4)--
(A) by striking ``the welfare of'' and inserting
``each year,''; and
(B) by striking ``in institutions and foster homes
and disabled infants with life-threatening conditions
may be in serious jeopardy and some such children'';
(5) in paragraph (5), by striking ``thousands of'';
(6) by striking paragraph (6);
(7) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``40,000'';
(ii) by inserting ``of all races and ages''
after ``children''; and
(iii) by adding ``and'' at the end;
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C); and
(8) by redesignating paragraphs (2), (3), (4), (5), (7), (8),
(9), and (10) as paragraphs (1) through (8), respectively.
SEC. 132. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and inserting
the following:
``(a) In General.--The Secretary'';
(3) in subsection (b), by inserting ``Required Activities.--
'' after ``(b)'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and
inserting the following:
``(c) Services for Families Adopting Special Needs Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by moving subparagraphs (A) through (G) 2
ems to the right;
(ii) in subparagraph (F), by striking ``and''
at the end;
(iii) in subparagraph (G), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(5) in subsection (d)--
(A) in paragraph (1), by striking ``component which''
and inserting ``component that'';
(B) by striking ``(d)(1) The Secretary'' and
inserting the following:
``(d) Improving Placement Rate of Children in Foster Care.--
``(1) In general.--The Secretary'';
(C) by striking ``(2)(A) Each State'' and inserting
the following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(D) by striking ``(B) The Secretary'' and inserting
the following:
``(B) Technical and other assistance.--The
Secretary'';
(E) in paragraph (2)(B), by moving clauses (i) and
(ii) 4 ems to the right;
(F) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(G) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''.
SEC. 133. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.
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 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 2002.''.
SEC. 134. AUTHORIZATION OF APPROPRIATIONS.
Section 205 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5115) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.'';
(2) by striking ``Sec. 205.'';
(3) by amending subsection (a) to read as follows:
``(a) In General.--There are authorized to be appropriated
$40,000,000 for fiscal year 2003 and such sums as may be necessary for
fiscal years 2004 through 2007 to carry out programs and activities
authorized under this subtitle.''; and
(4) in subsection (b), by inserting ``Availability.--'' after
``(b)''.
SEC. 135. TRANSFER AND REDESIGNATIONS; CONFORMING AMENDMENTS.
(a) In General.--Title II of the Child Abuse Prevention and Treatment
and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.)--
(1) is amended by striking the title heading;
(2) is transferred to the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), as amended by subtitle
A of this title; and
(3) is redesignated as subtitle A of title II of such Act.
(b) Conforming Amendments.--
(1) Title and subtitle headings; short title.--The Child
Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.), as
amended, is further amended--
(A) by redesignating section 201 as section 202; and
(B) by inserting after title I of such Act the
following:
``TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS
``Subtitle A--Adoption Opportunities
``SEC. 201. SHORT TITLE.
``This subtitle may be cited as the `Adoption Opportunities Act of
2002'.''.
(2) Title references.--Subtitle A of title II of such Act is
amended by striking ``this title'' each place such term appears
and inserting ``this subtitle''.
CHAPTER 2--ABANDONED INFANTS ASSISTANCE ACT OF 1988
SEC. 141. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C.
670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number of
factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and
inserting ``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working
with infants and young children with life-threatening
conditions and other special needs, including those who are
infected with the human immunodeficiency virus (commonly known
as `HIV'), those who have acquired immune deficiency syndrome
(commonly know as `AIDS'), and those who have been exposed to
dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8), by inserting ``by parents abusing
drugs,'' after ``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive services''
and all that follows through the semicolon at the end and
inserting ``comprehensive support services for such infants and
young children and their families and services to prevent the
abandonment of such infants and young children, including
foster care services, case management services, family support
services, respite and crisis intervention services, counseling
services, and group residential home services; and'';
(7) by striking paragraph (10);
(8) by amending paragraph (11) to read as follows:
``(11) Private, Federal, State, and local resources should be
coordinated to establish and maintain such services and to
ensure the optimal use of all such resources.''; and
(9) by redesignating paragraphs (2), (3), (4), (5), (8), (9),
and (11) as paragraphs (1) through (7), respectively.
SEC. 142. ESTABLISHMENT OF LOCAL PROGRAMS.
Section 101 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.''; AND
(2) by amending subsection (b) to read as follows:
``(b) Priority in Provision of Services.--The Secretary may not make
a grant under subsection (a) unless the applicant for the grant agrees
to give priority to abandoned infants and young children who--
``(1) are infected with, or have been perinatally exposed to,
the human immunodeficiency virus, or have a life-threatening
illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 143. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall, directly
or through contracts with public and nonprofit private entities,
provide for evaluations of projects carried out under section 101 and
for the dissemination of information developed as a result of such
projects.
``(b) Study and Report on Number of Abandoned Infants and Young
Children.--
``(1) In general.--The Secretary shall conduct a study for
the purpose of determining--
``(A) an estimate of the annual number of infants and
young children relinquished, abandoned, or found dead
in the United States and the number of such infants and
young children who are infants and young children
described in section 223(b);
``(B) an estimate of the annual number of infants and
young children who are victims of homicide;
``(C) characteristics and demographics of parents who
have abandoned an infant within 1 year of the infant's
birth; and
``(D) an estimate of the annual costs incurred by the
Federal Government and by State and local governments
in providing housing and care for abandoned infants and
young children.
``(2) Deadline.--Not later than 36 months after the date of
the enactment of the Keeping Children and Families Safe Act of
2002, the Secretary shall complete the study required under
paragraph (1) and submit to the Congress a report describing
the findings made as a result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report on
effective methods of intervening before the abandonment of an infant or
young child so as to prevent such abandonments, and effective methods
for responding to the needs of abandoned infants and young children.''.
SEC. 144. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated $45,000,000
for fiscal year 2003 and such sums as may be necessary for
fiscal years 2004 through 2007.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriate under paragraph (1) for any fiscal year may be
obligated for carrying out section 224(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``Authorization.--'' after
``(1)''; and
(ii) by striking ``this title'' and inserting
``this subtitle''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after
``(2)''; and
(ii) by striking ``fiscal year 1991.'' and
inserting ``fiscal year 2002.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 145. OTHER TECHNICAL AND CONFORMING AMENDMENTS; TRANSFER AND
REDESIGNATIONS.
(a) Technical Amendments.--
(1) Striking titles; consolidating definitions.--The
Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)
is amended--
(A) by striking the title heading for title I;
(B) by striking titles II and III; and
(C) by amending section 103 to read as follows:
``SEC. 103. DEFINITIONS.
``For purposes of this subtitle:
``(1) The terms `abandoned' and `abandonment', with respect
to infants and young children, mean that the infants and young
children are medically cleared for discharge from acute-care
hospital settings, but remain hospitalized because of a lack of
appropriate out-of-hospital placement alternatives.
``(2) The term `acquired immune deficiency syndrome' includes
infection with the etiologic agent for such syndrome, any
condition indicating that an individual is infected with such
etiologic agent, and any condition arising from such etiologic
agent.
``(3) The term `dangerous drug' means a controlled substance,
as defined in section 102 of the Controlled Substances Act.
``(4) The term `natural family' shall be broadly interpreted
to include natural parents, grandparents, family members,
guardians, children residing in the household, and individuals
residing in the household on a continuing basis who are in a
care-giving situation with respect to infants and young
children covered under this subtitle.
``(5) The term `Secretary' means the Secretary of Health and
Human Services.''.
(2) Establishment of local programs.--Section 101(d) of the
Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)
is amended--
(A) in paragraph (1)--
(i) by striking ``(1) The Secretary'' and
inserting ``(1) In general.--The Secretary'';
and
(ii) in subparagraph (D), by striking
``during the majority of the 180-day period
preceding the date of the enactment of this
Act,'' and inserting ``during the majority of
the 180-day period preceding the date of the
enactment of the Keeping Children and Families
Safe Act of 2002,''; and
(B) in paragraph (2), by striking ``(2) Subject'' and
inserting ``(2) Duration of grants.--Subject''.
(b) Transfer and Redesignations.--
(1) In general.--The Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note)--
(A) is amended by striking section 1;
(B) is transferred to the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.), as amended; and
(C) is redesignated as subtitle B of title II of such
Act.
(2) Conforming amendments.--
(A) Subtitle heading; short title.--Title II of the
Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.) is amended by inserting after subtitle A
of such title the following:
``Subtitle B--Abandoned Infants Assistance
``SEC. 221. SHORT TITLE.
``This subtitle may be cited as the `Abandoned Infants Assistance Act
of 2002'.''.
(B) Redesignations.--Subtitle B of title II of such
Act is amended by redesignating sections 2, 101, 102,
103, and 104 as sections 222 through 226, respectively.
(C) Domestic volunteer service.--Section 421(7) of
the Domestic Volunteer Service Act of 1973 (42 U.S.C.
5061(7)) is amended by striking ``section 103 of the
Abandoned Infants Assistance Act of 1988 (Public Law
100-505; 42 U.S.C. 670 note);'' and inserting ``section
225(1) of the Abandoned Infants Assistance Act of
2002;''.
Subtitle C--Technical and Conforming Amendments
SEC. 151. SHORT TITLE; TABLE OF CONTENTS.
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et
seq.), as amended by subtitles A and B, is further amended by inserting
before title I the following:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Keeping Children
and Families Safe Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
``Sec. 101. Short title.
``Sec. 102. Findings.
``Subtitle A--General Program
``Sec. 111. Office on Child Abuse and Neglect.
``Sec. 112. National clearinghouse for information relating to child
abuse.
``Sec. 113. Research and assistance activities.
``Sec. 114. Grants to public agencies and nonprofit private
organizations for demonstration programs and projects.
``Sec. 115. Grants to States for child abuse and neglect prevention and
treatment programs.
``Sec. 116. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
``Sec. 117. Miscellaneous requirements relating to assistance.
``Sec. 118. Coordination of child abuse and neglect programs.
``Sec. 119. Reports.
``Sec. 120. Definitions.
``Sec. 121. Authorization of appropriations.
``Sec. 122. Rule of construction.
``Subtitle B--Community-Based Family Support Grants for the Prevention
of Child Abuse and Neglect
``Sec. 131. Purpose and authority.
``Sec. 132. Eligibility.
``Sec. 133. Amount of grant.
``Sec. 134. Application.
``Sec. 135. Local program requirements.
``Sec. 136. Performance measures.
``Sec. 137. National network for community-based family resource
programs.
``Sec. 138. Definitions.
``Sec. 139. Authorization of appropriations.
``TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS
``Subtitle A--Adoption Opportunities
``Sec. 201. Short title.
``Sec. 202. Congressional findings and declaration of purpose.
``Sec. 203. Information and services.
``Sec. 204. Study and report on dynamics of successful adoption.
``Sec. 205. Authorization of appropriations.
``Subtitle B--Abandoned Infants Assistance
``Sec. 221. Short title.
``Sec. 222. Findings.
``Sec. 223. Establishment of local programs.
``Sec. 224. Evaluations, study, and reports by secretary.
``Sec. 225. Definitions.
``Sec. 226. Authorization of appropriations.''.
TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 201. STATE DEMONSTRATION GRANTS AUTHORIZED.
(a) State Administrative Costs.--Section 303(a)(2)(B)(i) of the
Family Violence Prevention and Services Act (42 U.S.C.
10402(a)(2)(B)(i)) is amended by striking ``5 percent'' and inserting
``2 percent''.
(b) Indian Tribes and Related Organizations.--Section 303(b)(1) of
such Act (42 U.S.C. 10402(b)(1)) is amended by adding at the end the
following: ``Not more than 2 percent of amounts made available for a
fiscal year to make grants under the preceding sentence may be used for
administrative costs with respect to such grants.''.
SEC. 202. EVALUATION.
Section 306 of the Family Violence Prevention and Services Act (42
U.S.C. 10405) is amended in the first sentence by striking ``Not later
than two years after the date on which funds are obligated under
section 303(a) for the first time after the date of the enactment of
this title, and every two years thereafter,'' and inserting ``Every two
years''.
SEC. 203. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services Act (42
U.S.C. 10407) is amended by striking subsection (g).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--There are authorized to be appropriated to carry
out this title $175,000,000 for each of the fiscal years 2003 through
2007.''.
(b) Grants for State Domestic Violence Coalitions.--Section 311(g) of
such Act (42 U.S.C. 10410(g)) is amended to read as follows:
``(g) Funding.--Of the amount appropriated pursuant to the
authorization of appropriations under section 310(a) for a fiscal year,
not less than 10 percent of such amount shall be made available to
award grants under this section.''.
SEC. 205. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
Section 311 of the Family Violence Prevention and Services Act (42
U.S.C. 10410) is amended by striking subsection (h).
SEC. 206. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence Prevention and
Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of a
grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the
Secretary a report that evaluates the effectiveness of
the use of amounts received under the grant for the
period described in paragraph (1) and contains any
other information as the Secretary may prescribe; and
``(B) the report and other appropriate criteria
indicate that the entity is successfully operating the
hotline in accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f) of such Act (42
U.S.C. 10416(f)) is amended in paragraph (1) by striking ``fiscal years
2001 through 2005'' and inserting ``fiscal years 2003 through 2007''.
SEC. 207. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence Prevention and
Services Act (42 U.S.C. 10418(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $6,000,000 for each of the
fiscal years 2003 through 2007.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418) is
amended by striking subsection (i).
SEC. 208. TRANSITIONAL HOUSING ASSISTANCE.
Section 319(f) of the Family Violence Prevention and Services Act (42
U.S.C. 10419(f)) is amended by striking ``fiscal year 2001'' and
inserting ``each of the fiscal years 2003 through 2007''.
SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended as follows:
(1) In section 302(1) by striking ``demonstrate the
effectiveness of assisting'' and inserting ``assist''.
(2) In section 303(a) is amended--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking ``State
domestic violence coalitions knowledgeable
individuals and interested organizations'' and
inserting ``State domestic violence coalitions,
knowledgeable individuals, and interested
organizations''; and
(ii) in subparagraph (F), by adding ``and''
at the end; and
(B) by moving the margin of paragraph (4) two ems to
the left.
(3) In section 305(b)(2)(A) by striking ``provide for
research, and into'' and inserting ``provide for research
into''.
(4) In section 311(a)--
(A) in paragraph (2)(K), by striking ``other criminal
justice professionals,;'' and inserting ``other
criminal justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A),
by striking ``family law judges,,'' and
inserting ``family law judges,'';
(ii) in subparagraph (D), by inserting ``,
criminal court judges,'' after ``family law
judges''; and
(iii) in subparagraph (H), by striking
``supervised visitations that do not endanger
victims and their children'' and inserting
``supervised visitations or denial of
visitation to protect against danger to victims
or their children''.
(5) In section 313(1) by striking ``on the individual develop
data''.
(6) In section 315(b)(3)(A) by striking ``and'' at the end.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect on October
1, 2002, or the date of the enactment of this Act, whichever occurs
later.
Purpose
The purpose of H.R. 3839, the Keeping Children and Families
Safe Act of 2002, is to reauthorize and make amendments to the
Child Abuse Prevention and Treatment Act (CAPTA), the Adoption
Opportunities program, the Abandoned Infants Assistance Act,
and the Family Violence Prevention and Services Act (FVPSA).
The bill is aimed at preventing child abuse and family violence
and protecting and treating abused and neglected children and
victims of family violence. The bill also focuses on
maintaining local projects with demonstrated value in
eliminating barriers to permanent adoption and addressing the
circumstances that often lead to child abandonment.
Committee Action
HEARINGS
The Subcommittee on Select Education held two hearings in
Washington, D.C., during the first session of the 107th
Congress to review and hear comments on the reauthorization of
the Child Abuse Prevention and Treatment Act (CAPTA), the
Adoption Opportunities program, the Abandoned Infants
Assistance Act, and the Family Violence Prevention and Services
Act (FVPSA).
The first hearing was held on August 2, 2001, ``CAPTA:
Successes and Failures at Preventing Child Abuse and Neglect.''
The purpose of the hearing was to review how CAPTA had been
implemented and administered since the 1996 reauthorization,
and to examine what had or had not worked in the prevention of
child abuse and neglect.
The second hearing was held on October 17, 2001,
``Prevention and Treatment of Child Abuse and Neglect: Policy
Directions for the Future.'' The purpose of the hearing was to
more closely examine the issues and topics that arose during
the first hearing in order to help the Subcommittee learn more
about such issues as it began the reauthorization process.
LEGISLATIVE ACTION
On March 5, 2002, Representative Pete Hoekstra (R-MI)
introduced H.R. 3839, the Keeping Children and Families Safe
Act of 2002. H.R. 3839 reauthorizes and makes amendments to
CAPTA, the Adoption Opportunities program, the Abandoned
Infants Assistance Act, and FVPSA. H.R. 3839 was drafted on the
basis of hearings, the recommendations of the Administration,
the recommendations of the child abuse and family violence
coalitions and community, and the recommendations of groups
representing the interests of families.
The Subcommittee on Select Education considered H.R. 3839
in legislative session on March 6, 2002 during which three
amendments were considered and adopted by voice vote. The
Subcommittee on Select Education, with the majority of the
Subcommittee present, favorably reported H.R. 3839, as amended,
to the Full Committee by voice vote on March 6, 2002. The
following is a description of the amendments adopted to H.R.
3839 during Subcommittee consideration:
Mr. Hoekstra (R-MI) offered an amendment to
improve upon the language in the introduced bill to require
states to have provisions and procedures in place to require
child protective services personnel to advise individuals
subject to a child abuse and neglect investigation of the
allegations before them consistent with the law protecting the
rights of the informant.
Ms. Davis (D-CA) offered an amendment to provide
for a Sense of Congress that entities receiving CAPTA funding
should ensure that limited English proficient children and
families participating in CAPTA programs are provided materials
and services under such programs in an appropriate language
other than English.
Mr. Greenwood (R-PA) offered an amendment to
require states to have policies and procedures in place to
address the needs of infants born with fetal alcohol syndrome
or neonatal abstinence syndrome. States must require health
care providers involved in the delivery of such infants to
notify the child protective services system and develop a plan
to address the needs of such infant and mother.
The Committee on Education and the Workforce considered
H.R. 3839 in legislative session on March 20, 2002, during
which the Committee considered and passed an amendment in the
Nature of a Substitute by voice vote. The Committee on
Education and the Workforce, with the majority of the Committee
present, favorably reported H.R. 3839, as amended, to the House
of Representatives by voice vote on March 20, 2002.
Summary
Title I--Child Abuse Prevention and Related Programs
Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act
Chapter 1--General program
Chapter 1 of H.R. 3839 extends and modifies Title 1 of the
Child Abuse Prevention and Treatment Act (CAPTA). Title I
authorizes: grants to states to help states support their child
protective services systems and requires states to submit
certain data to the Department of Health and Human Services
(HHS); funding for research and demonstration projects related
to prevention of child abuse and neglect; grants to states to
improve investigation and prosecution of child maltreatment;
and authorizes HHS to operate a national clearinghouse of
information related to child abuse and neglect. The bill makes
clarifying and technical corrections; promotes partnerships
between child protective services and private and community-
based organizations to provide child abuse and neglect
prevention and treatment services; requires the Secretary of
HHS to conduct a study on the effectiveness of citizen review
panels; requires states to provide for the development of a
plan to address the needs of infants harmed by prenatal
alcoholor drug exposure; instructs HHS to conduct the fourth National
Incidence Study (NIS-4); and promotes the protection of individual
rights by improving the training, recruitment and retention of child
protective services personnel regarding their legal authority. It also
requires such personnel to inform individuals of the allegations or
complaints made against them. The bill also improves public education
on the role of the child protection system and appropriate reporting of
suspected incidents of child abuse and neglect to reduce the number of
false or malicious allegations.
Title I is currently authorized at such sums. Title I State
Grants received $22 million for FY 2002 and Discretionary
Grants received $26 million for FY 2002. The bill authorizes
Title I at $120 million for FY 2003 and such sums for FY 2004
through 2007.
Chapter 2--Community-based family resource and support
grants
Chapter 2 of H.R. 3839 extends and modifies Title II of
CAPTA. Title II authorizes grants to help establish and operate
statewide networks of community-based, family support programs
for the prevention of child abuse and neglect that coordinate a
wide variety of resources within each state. The bill makes
clarifying and technical changes to emphasize the prevention of
child abuse and neglect before it occurs; promotes parent
leadership to ensure that new parents receive appropriate
parenting services, including parents of children with
disabilities and parents with disabilities; and includes
respite care, home visit and family support services as core
family support programs for improving local programs in
preventing child abuse and neglect.
Title II is currently authorized at such sums. Community-
based grants received $33 million for FY 2002. The bill
authorizes $80 million for FY 2003 and such sums for FY 2004
through 2007.
Subtitle B--Amendments to other child abuse prevention and related
programs
Chapter 1--Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978
Chapter 1 of Subtitle B of H.R. 3839 extends and modifies
Title II of the Child Abuse Prevention and Treatment and Reform
Act of 1978 that authorizes the Adoption Opportunities program.
The Adoption Opportunities program authorizes HHS to award
funds to states and local public and private nonprofit agencies
to promote quality standards for adoption services; pre-
placement, post-placement, and post-legal adoption counseling,
and standards to protect children's rights; maintain a national
adoption information exchange system and conduct national
recruitment efforts to reach prospective adoptive parents; and
to assist state efforts for increasing the placement of foster
care children legally free for adoption. The bill makes minor
changes and requires the Secretary of HHS to conduct a study on
the dynamics on successful adoptions.
The Adoption Opportunities program is currently authorized
at such sums. It received $27 million for FY 2002. The bill
authorizes $40 million for FY 2003 and such sums for FY 2004
through 2007.
Chapter 2--Abandoned Infants Assistance Act of 1988
Chapter 2 of Subtitle B of H.R. 3839 extends and modifies
the Abandoned Infants Assistance Act of 1988. The Abandoned
Infants Assistance Act authorizes local programs (formerly
called demonstration grants) to public and private nonprofit
agencies for such activities as preventing the abandonment of
infants; identifying and addressing the needs of abandoned
infants; recruiting and training foster families for abandoned
children; providing residential care for infants and young
children who cannot live with their families or be placed in
foster care; providing respite care for families and foster
families; and recruiting and training health and social
services personnel to work with abandoned children. The bill
amends one of the priorities for provisions of services to
local programs serving abandoned infants and young children who
were perinatally exposed to HIV or are HIV-infected, or have a
life-threatening illness or other special needs. The bill also
requires the Secretary to conduct a study on the annual number
of infants and young children who are victims of homicide;
characteristics and demographics of parents who have abandoned
an infant; and an estimate of the annual costs incurred by the
federal government and by state and local governments in
providing for the care of abandoned infants.
The Abandoned Infants Assistance Act is currently
authorized at such sums. It received $12 million for FY 2002.
The bill authorizes $45 million for FY 2003 and such sums for
FY 2004 through 2007.
Title II--Amendments to Family Violence Prevention and Services Act
Title II of H.R. 3839 reauthorizes and amends the Family
Violence Prevention and Services Act (FVPSA). FVPSA authorizes
assistance to states, Tribes and Tribal organizations to assist
in efforts to increase public awareness about family violence
and provide immediate shelter and related assistance to victims
of family violence and their dependents. FVPSA was reauthorized
with the Violence Against Women Act during the 106th Congress,
however only a straight five year authorization was agreed to
with no specific changes to the act. The bill makes minor and
technical changes to the act and extends the reauthorization to
coordinate with the reauthorization of CAPTA and its' related
programs and act. The bill also extends the authorization for
the transitional housing assistance program that awards grants
to entities to provide transitional housing or housing
assistance to victims and their dependents fleeing a domestic
violence situation and for whom emergency shelter services are
unavailable or insufficient.
Currently $175 million is authorized for state
demonstration grants, technical assistance centers and state
domestic violence coalitions through FY 2005. The national
domestic hotline is authorized at $2 million through FY 2005,
the community initiative grants are authorized at $6 million
through FY 2005, and the transitional housing assistance
program is authorized at $25 million for FY 2001.
FVPSA received $2 million for its Domestic Violence Hotline
program and $125 million for state demonstration grants,
technical assistance centers and state domestic
violencecoalitions (including Battered Women's Shelters) for FY 2002.
The community initiative grants received $5.9 million for FY 2002. The
transitional housing assistance program did not receive funding.
Committee Views
According to the most recent Child Maltreatment Report,
each year an estimated 3 million reports of possible child
maltreatment are made to child protective services.
Approximately 60 percent of these reports were investigated and
826,000 children were estimated to have been victims of child
abuse or neglect in 1999. Of these victims, 58 percent suffered
neglect, 21 percent suffered physical abuse and 11 percent were
sexually abused.
While the overall number of confirmed cases represents a
continuation of a downward trend since 1993, the long-term
trend in child abuse reporting has been one of substantial
growth, with the number of maltreatment reports more than
quadrupling since 1976. However, it should be noted that
increased reporting does not necessarily mean an equivalent
increase in actual cases of abuse and neglect. The number of
reported child abuse cases is likely higher due to improved
reporting mechanisms and greater awareness of the problem of
child abuse and neglect. Despite progress made in promoting
child abuse awareness, and the endless efforts made to prevent
child abuse and neglect, much more work is needed to prevent
and treat child abuse and neglect.
Family violence also continues to be the most common, yet
least reported, crime in our nation. Approximately, 95 percent
of family violence victims are women, and it is estimated that
every 11 seconds a woman is battered in the United States. It
is also estimated that 70 percent of men who abuse their wives
also abuse their children, and children from abusive homes are
at greater risk of alcohol or drug abuse, juvenile delinquency,
and depression and suicide.
In addition, caseworker training, supervision and case
management continue to be important areas of improvement for
child protective services systems. Research has shown that
child abuse caseworkers lack adequate resources and are often
in charge of more cases than they can realistically handle.
Caseworker skill, training, and workload are critical
components to delivery of appropriate investigations,
prevention and intervention, treatment services, and case
management.
The Child Abuse Prevention and Treatment Act (CAPTA) was
established in 1974 to create a focal point within the federal
government to identify and address the issues of child abuse
and neglect, and to support effective methods of prevention and
treatment. CAPTA was last reauthorized in 1996 and expired at
the end of fiscal year 2001.
The last reauthorization in 1996 made significant changes
to CAPTA to better target federal abuse and neglect prevention
resources, enhance the ability of states to respond to actual
cases of abuse and neglect, and to consolidate and coordinate
federal data collection efforts in order to gain a better
perspective on the trends of child abuse and neglect and find
effective methods of prevention and treatment efforts. H.R.
3839 builds upon the reforms made during the 1996
reauthorization to improve program implementation and make
improvements to current law to ensure that states have the
necessary resources and flexibility to properly address issues
of child abuse and neglect and family violence. The changes in
H.R. 3839 also serve to assist states in improving their child
protective services systems and enhance the federal
government's role in providing support for the child protective
services system infrastructure to correct any imbalance in the
federal government's response to child abuse and neglect.
Promoting improved services
One recurring theme the Subcommittee heard during the
hearings on CAPTA was the need to expand upon current law
activities of the child protective services system and the need
to ensure that states have the necessary resources and data to
address the issues of child abuse and neglect. Currently, CAPTA
requires the Department of Health and Human Services (HHS) to
conduct an interdisciplinary research program to provide
information that could improve child protection and the well
being of children who have been abused or neglected. HHS is
also required to operate a national clearinghouse for
information on child abuse and neglect. Both of these resources
provide states with important data to assist them in addressing
the issues of child abuse and neglect.
In order to build upon existing data and focus research on
more current topics, the Committee made several modifications
to current law. These changes promote the collection and
dissemination of information to help all states improve upon
their current systems. H.R. 3839 requires the national
clearinghouse to collect and disseminate information that
describes the best practices being used throughout the nation
for making appropriate referrals. The bill also requires the
Secretary to conduct research on a variety of topics, including
state child protective services systems improvement, effective
approaches to interagency collaboration between the child
protective services system and the juvenile justice system, and
redundancies and gaps in services in the field of child abuse
and neglect prevention in order to make better use of limited
federal resources.
CAPTA also currently permits the Secretary to conduct time-
limited demonstration programs and projects for such matters as
training professional and paraprofessional staff, recruiting
and training of volunteers, and establishing resource centers
for providing information and training related to child abuse
and neglect. H.R. 3839 expands these opportunities to include
training to support the enhancement of linkages between child
protective service agencies and health care agencies to improve
forensic diagnosis and health evaluations; and to support
innovative partnerships between child protective service
agencies and health care agencies that offer creative
approaches to using existing federal, state, local, and private
funding to meet the health evaluation needs of children who
have been subjects of substantiated cases of child abuse and
neglect.
The Secretary may also grant awards to private nonprofit
organizations to establish and maintain mutual support and
self-help programs as a means of strengthening families in
partnership with their communities. Current law makes a
specific reference to the groupParents Anonymous as an example
of the types of organizations that would benefit from such grants.
Parents Anonymous is a national self-help organization dedicated to
community outreach for the prevention of child abuse and neglect. While
recognized as a successful organization, the Committee believes that no
single group or organization should receive special recognition in
federal statute. As such, H.R. 3839 strikes this specific reference to
Parents Anonymous in order to create a level playing field for other
similar programs and organizations that do not enjoy this special
recognition. However, striking the reference to Parents Anonymous in no
way implies that the Committee does not recognize and support the
efforts and work of Parents Anonymous. The Committee also wants to
encourage the Secretary to continue to award grants to organizations
that operate programs that incorporate quality standards and
demonstrate effectiveness in their efforts in preventing child abuse
and neglect.
H.R. 3839 further builds upon the theme of improving state
child protective services systems by allowing states to use
their CAPTA dollars to promote partnerships between public
agencies and community-based organizations to provide child
abuse and neglect prevention and treatment services, and by
supporting and enhancing interagency collaboration between
child protective service systems and the juvenile justice
system for improved delivery of services and treatment,
including methods of continuity of treatment and services as
children transition between such systems.
The bill also improves the training of child protective
services personnel to ensure that they are knowledgeable in
best practices for promoting collaboration with families and
that they are fully aware of the extent and limits of their
legal authority and the legal rights of parents in carrying out
such investigations. H.R. 3839 requires that states have
provisions in place that address the training of child
protective services personnel in their legal duties, which may
consist of procedures to inform such personnel of such duties,
in order to protect the legal rights of children and families.
In addition, the Committee wanted to ensure that state
child protective service agencies were operating effectively
and serving the needs of their community. As part of the 1996
reauthorization, states were required to establish citizen
review panels composed of volunteer community representatives
to examine and evaluate the policies and procedures of state
and local child protective services agency activities. To
ensure that these review panels are fulfilling their mission,
H.R. 3839 requires the Secretary to conduct a study by random
sample on the effectiveness of citizen review panels and report
its findings to the appropriate Committees of Congress.
Fourth National Incidence Study
The National Incidence Study (NIS) is the single most
comprehensive source of information about the current rate of
child abuse and neglect in the United States. The last NIS
study was conducted from 1993 to 1996. It provided key updates
on the estimates on the incidence of child abuse and neglect in
the United States and measured changes in such incidence from
earlier studies. H.R. 3839 instructs the Secretary to conduct
the fourth NIS and report its findings to the appropriate
Committees of Congress within four years. The Committee
believes that it is necessary to obtain the most updated
information on the national incidence of child abuse and
neglect in order to continue to monitor trends on the
occurrence of child maltreatment in the United States and to
review what is or is not working in the prevention of child
abuse and neglect efforts. The Committee also is interested in
reviewing the incidence and prevalence of child maltreatment as
it relates to family structure (including the living
arrangement of the resident parent), family income, and family
size. The Committee feels this information is important in
order to review and monitor the conditions that lead to
incidents of child abuse and neglect and to help monitor other
services that may be needed in the future to ensure that the
needs of children at risk for abuse and neglect are met.
Protecting individual rights
During the hearings on CAPTA, the Subcommittee heard
concerns about the number of parents being falsely accused of
child abuse and neglect and the aggressiveness of child
protective services personnel in their investigations of
alleged child abuse. Mr. Christopher Klicka of the Home School
Legal Defense Association described numerous cases of innocent
families being aggressively investigated on allegations of
child abuse and neglect only to have such cases later
determined to be unsubstantiated or false. In his testimony
describing a conversation with a former social worker, Mr.
Klicka stated, ``In the old days, social workers tried to prove
a reported family was innocent and considered the family
innocent until proven guilty. Now the system operates on the
principle that a family is guilty * * * period.''
The Committee looked carefully for ways to ensure that the
individual rights of parents being investigated on allegations
of child abuse or neglect were protected, while not
compromising the intent of the child protective services
system--to ensure that the best interest of the child is the
primary focus. To that end the Committee wanted to enhance the
training of child protective services personnel to ensure that
they are knowledgeable in best practices for promoting
collaboration with families and that they are fully aware of
the extent and limits of their legal authority and the legal
rights of parents in carrying out such investigations. H.R.
3839 requires that states have provisions in place that address
the training of child protective services personnel in their
legal duties, which may consist of procedures to inform such
personnel of such duties, in order to protect the
constitutional and statutory rights of children and families.
For instance, the Committee believes that child protective
services personnel should understand that they don't have the
authority to demand entry in the family home when investigating
an allegation.
The bill also permits states to use their CAPTA dollars to
develop and deliver information related to improving public
education on the role and responsibilities of the child
protective services system and the proper and appropriate basis
for reporting suspected incidents of child abuse and neglect.
It is the hope of the Committee that by requiring states to
improve the training of social workers in proper and
appropriate investigating techniques, and provide more
education on appropriate reporting of child abuse and neglect
by the public that incidents of aggressive investigating
behavior and incidents of false reports of child maltreatment
cases will be significantly decreased.
The Committee also heard concerns about how most of these
families were never informed of the specific allegations made
against them in the first place. The Committee firmly believes
that individuals being investigated for alleged child
maltreatment should be informed of the specific allegations
made against them. H.R. 3839 addresses this issue by requiring
states to have policies and procedures in place to require
social workers, at the initial time of contact, to advise
individuals who are subject to a child abuse and neglect
investigation of the complaints or allegations made against
them. However, it is not the intent of the Committee that by
requiring states to have such policies and procedures in place
that such advisement be too descriptive as to inadvertently
provide identifying information that may reveal the source of
such allegation or complaint. The bill specifically states that
such advisement be in a manner that is consistent with laws
protecting the rights of the informant.
In addition, the Committee wants to ensure that individual
rights are protected by giving individuals who have been
subject to a child abuse and neglect investigation an
opportunity to be heard when they feel they have been
wrongfully accused or have been the subject of an overly
aggressive child maltreatment investigation. H.R. 3839 requires
citizen review panels to provide for public outreach and
comment in order to help states assess the impact of the
procedures and practices of their child protective services
system upon the children, families, and individuals in the
community.
Protecting infants born addicted to substances
As the Subcommittee began reviewing issues and concerns
surrounding the reauthorization of CAPTA one issue that arose
was how to protect and deal with infants born and identified
with fetal alcohol effects, fetal alcohol syndrome, neonatal
intoxication or withdrawal syndrome, or neonatal physical or
neurological harm resulting from prenatal drug exposure.
Congressman Greenwood offered an amendment during Subcommittee
consideration to address this issue. As a former caseworker and
state legislator, Congressman Greenwood has spent countless
hours looking for ways to assure proper treatment for infants
who have been harmed by alcohol and/or other drug exposure in
utero. During a Subcommittee hearing held last year,
Congressman Greenwood described his ideas and attempts to
require that states have some sort of reporting requirements to
child protective services for when infants are born addicted to
drugs or alcohol. He also spoke of requiring the child
protective services agency to develop a safe plan of care for
the infant. Currently, only 12 states and the District of
Columbia have some form of specific reporting criteria and
procedures relating to drug-exposed infants.
This issue also received attention in the fall of 2001 when
the Washington Post ran a series of articles describing several
infants born addicted to drugs or alcohol in the District of
Columbia who died from lack of care by the mother or
supervision from the city's child protective services agency--
even when the agency was aware of the child's and family's
fragile condition. According to one article, eleven drug-
exposed or medically frail newborns in D.C. died from 1993
through 2000 after they were released to parents whose
addictions and circumstances were well-documented by hospitals
and social workers. The article stated: ``The babies got lost
in a system where no one assumes direct responsibility for
them.''
In some instances where the child protective services
agency was properly notified, the agency failed to respond to
the hospital's calls, leaving fragile infants in the hands of
parents who were ill-equipped to care for them. The article
continued to describe numerous other cases with the same
results. A committee formed to investigate the District's
policies regarding infants born drug-exposed or addicted to
drugs or alcohol concluded, ``There are no standards, policies,
procedures, or consistent practices for dealing with substance
abuse mothers, especially of newborns addicted to drugs.''
Congressman Greenwood's amendment requires states, as a
condition of receiving CAPTA dollars, to have policies and
procedures in place to address the needs of infants born with
fetal alcohol effects, fetal alcohol syndrome, neonatal
intoxication or withdrawal syndrome, or neonatal physical or
neurological harm resulting from prenatal drug exposure. Under
the amendment, health care providers involved in the delivery
of such infants would be required to notify the child
protective services system of such occurrence and a safe plan
of care for the infant, including providing services to the
mother would be required. The amendment passed the Subcommittee
by voice vote and a slightly amended version passed in the Full
Committee in the substitute amendment. The Committee wants to
be clear that the final language does not create any new or
amended definition of child abuse. Neither is it the intent of
this language to address any legal prosecution of mothers. The
goal of this language is to identify infants at risk of child
abuse and neglect so appropriate services can be delivered to
the infant and mother to provide for the safety of the child.
The Committee also wants to be clear that the amendment does
not preempt a state's law regarding what constitutes child
abuse or requires prosecution. For instance, states that choose
to prosecute women who have given birth to infants addicted to
drugs or alcohol may continue to do so. The language included
in H.R. 3839 only requires states to have policies and
procedures in place to address a safe plan of care for the
infant.
Improved collaboration for improved prevention and treatment services
To prevent gaps in needed services, the bill requires the
state child welfare system to develop policies and procedures
for the referral of abused or neglected children under the age
of 3 to the statewide early intervention system funded under
Part C of the Individuals with Disabilities Education Act. Such
policies and procedures will ensure that abused children can
access any Part C early intervention services and supports for
which they are eligible. Such services will help these children
learn, grow and thus enter school ready to learn.
Related to this issue is the importance of health
screenings and treatment for children who are victims of child
abuse and neglect. Appropriate health and developmental
evaluations and treatment can greatly influence healthy child
development and can affect treatment and family preservation,
such as preventing the need for out-of-home placements. H.R.
3839 takes many steps to help states address this problem and
improveservices for victims of child abuse and neglect by
promoting linkages between child protection and health care (including
mental health) agencies.
H.R. 3839 also promotes collaboration between the child
protection system and the juvenile justice system as an
important component in the prevention and treatment of child
abuse. Research consistently demonstrates that child
maltreatment greatly increases the risk of juvenile delinquency
and criminal behavior. A study by the National Institute of
Justice concluded that being abused or neglected as a child
increased the likelihood of arrest as a juvenile by 59 percent
and for a violent crime by 29 percent. Thus, many children
under the care and supervision of child protection services
will come to the attention or custody of the juvenile justice
system. Yet social workers, judges, probation officers,
researchers and others suggests there is little communication
or collaboration between child protection and juvenile justice
systems.
Enhanced collaboration between these two systems is needed
if children are to receive appropriate treatment for child
abuse and neglect. Continuity in services for abused and
neglected youth is an essential component to the treatment of
child maltreatment, and therefore enhanced collaboration
between representatives and procedures of the child protection
systems and juvenile justice systems is an essential part of
federal, state and local attempts to treat child abuse. H.R.
3839 supports better treatment services to victims of child
abuse and neglect by encouraging research and allowing
operation grants on effective approaches to interagency
collaboration that improve the delivery of services and
treatment.
The Adoption Opportunities Program
The Adoption Opportunities Program was created to help
eliminate barriers to adoption and to facilitate the
acquisition of permanent homes for children who would benefit
from adoption, particularly children with special needs and
disabled infants with life-threatening conditions. The Adoption
Opportunities Program provides grants to public and non-profit
agencies to: promote quality standards for adoption services,
pre- and post-placement, and post-legal adoption counseling,
and standards to protect children's rights. The program also
authorizes a national adoption information exchange system and
national recruitment efforts to reach prospective adoptive
parents.
H.R. 3839 makes minor modifications to the Adoption
Opportunities program and requires the Secretary to conduct a
study on the dynamics of successful adoptions. The Committee
recognizes the lack of research about the dynamics of
successful adoptions and supports the need for such research in
order to fill this gap and provide better information on
adoption.
The Abandoned Infants Assistance Act
The Abandoned Infants Act provides grants to public and
non-profit agencies that design and implement demonstration
projects to address this problem. Specific activities include:
preventing the abandonment of infants, identifying and
addressing the needs of abandoned infants, recruiting and
training foster families for abandoned children, providing
residential care for infants and young children who cannot live
with their families or who are awaiting placement in foster
care, providing respite care for families and foster families,
and recruiting and training health and social services
personnel to work with abandoned children. Priority for
services is given to children who were perinatally exposed to
HIV or HIV-infected, or were perinatally exposed to dangerous
drugs.
As noted, the current Abandoned Infants Assistance Act
places a priority on services for abandoned infants and young
children born infected with or exposed to HIV or perinatally
exposed to dangerous drugs. H.R. 3839 includes language that
broadens one of the two priorities. The bill maintains the
program's commitment to serving infants born infected with or
exposed to the human immunodeficiency virus (HIV) and then
broadens this priority to recognize abandoned infants and young
children born with other serious medical conditions. The act's
other priority--abandoned infants and young children
perinatally exposed to drugs--remains unchanged.
The Committee fully supports the discretion of the
Secretary to continue its priority to fund local programs that
serve infants whose mothers are infected with HIV/AIDS or are
addicted to illicit drugs, because at the present time drug use
and HIV/AIDS are the leading factors resulting in infant
abandonment. However, the Committee acknowledges that over time
other factors may become more prevalent predictors of infant
abandonment.
The Family Violence Prevention and Services Act
The Family Violence Prevention and Services Act (FVPSA)
authorizes assistance to states, Tribes and Tribal
organizations to assist in efforts to increase public awareness
about family violence and provide immediate shelter and related
assistance to victims of family violence and their dependents.
The Family Violence Prevention and Services Act (FVPSA) was
reauthorized along with the Violence Against Women Act (VAWA)
during the 106th Congress, however, at that time only a
straight five year authorization was agreed to and no
significant changes were made. Traditionally, FVPSA is
reauthorized along with CAPTA and its' related programs and
acts. As such, H.R. 3839 extends the authorization and makes
minor modifications to FVPSA to coordinate with the
reauthorization of CAPTA. H.R. 3839 does not make changes to
VAWA. In addition, FVPSA (as reauthorized under VAWA)
authorized the transitional housing assistance program for only
one year. The transitional housing assistance program awards
grants to entities that provide transitional housing or housing
assistance to victims and their dependents fleeing a domestic
violence situation and for whom emergency shelter services are
unavailable or insufficient. The Committee recognizes the
importance of the transitional housing assistance program in
helping domestic violence victims find a permanent, safe,
secure and stable living situations. The Committee further
recognizes that far too often, because of programmatic and
funding constraints, the permissible length of stay in
emergency shelters for thosefleeing a domestic violence
situation does not always provide enough time for victims to begin the
task of restoring order to their lives. H.R. 3839 extends the
authorization for the transitional housing assistance program through
FY 2007.
Section-by-Section Analysis
Section 1. Establishes the short title of the act to be the
``Keeping Children and Families Safe Act of 2002.''
title i--child abuse prevention and related programs
Subtitle A--Amendments to the Child Abuse Prevention and Treatment Act
Chapter 1--General program
Section 101. Repeals section 102 of the act.
``Section 102. Amends section 103(b)(1) of the act and
section 103 (c)(1) of such act regarding a national
clearinghouse for information relating to child abuse.
``Section 103. Amends section 104(a) and section 104(b) of
the act pertaining to research and assistance activities.
``Section 104. Amends section 105(a), (b) and (c) of the
act pertaining to grants to public agencies and nonprofit
private organizations for demonstration programs and projects.
``Section 105. Amends section 106(a), (b)(1)(B), (b)(2)(A),
(b)(3), (c) and (d) of the act pertaining to grants to states
for child abuse and neglect prevention and treatment programs,
citizen review panels, and annual state reporting requirements.
``Section 106. Amends section 107(a) of the act regarding
grants to states for programs relating to the investigation and
prosecution of child abuse and neglect cases.
``Section 107. Amends section 108 of the act to encourage
materials and services for children and families of limited
English proficiency to be provided in the appropriate language
other than English.
``Section 108. Amends section 110 of the act to require the
secretary to conduct a study of the effectiveness of the
citizen review panels and submit such report to the appropriate
Congressional committees.
``Section 109. Amends section 112(a)(1) and (a)(2)(B) to
extend the authorization of appropriations and make technical
corrections.''
Chapter 2--Community-based family resources and support
grants
``Section 111. Amends section 201(a)(1) and (b) of the act
to clarify the purpose and authority of community-based family
resource and support grants.
``Section 112. Amends section 202 of the act to make
technical changes regarding eligibility requirements.
``Section 113. Amends section 203(b)(1)(B) of the act to
make technical changes to the formula.''
Section 114. Repeals section 204 of the act.
``Section 115. Amends section 205 of the act to make
technical changes pertaining to state applications.
``Section 116. Amends section 206(a) of the act to make
technical changes regarding local program requirements.
``Section 117. Amends section 207 of the act to make
technical changes to performance measures.
``Section 118. Amends section 208(3) of the act to make
technical changes to the National Network for Community-Based
Family Resource programs.
``Section 119. Amends section 209(1) of the act to make
technical changes to definitions.
``Section 120. Amends section 210 to extend the
authorization of appropriations.''
Chapter 3--Technical and conforming amendments;
redesignations
``Section 121. Amends section 2(3)(D), Title I and Title II
of this act to provide for conforming amendments.
``Section 122. Amends Titles I and II of this act to
provide for redesignations.
Subtitle B--Amendments to other child abuse prevention and related
programs
Chapter 1--Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978
``Section 131. Amends section 201(a) of such act pertaining
to congressional findings and declaration of purpose.
``Section 132. Amends section 203 of such act to insert
section 203 regarding services for families adopting special
needs children and improving placement rates of children in
foster care.
``Section 133. Amends section 204 of such act requiring the
Secretary to conduct research on adoption outcomes and the
factors affecting those outcomes.
``Section 134. Amends section 205 of such act regarding the
authorization of appropriations under this subtitle.
``Section 135. Amends Title II of such act to provide for
redesignations and make conforming amendments.''
Chapter 2--Abandoned Infants Assistance Act of 1988
``Section 141. Amends section 2 of such act regarding the
findings.
``Section 142. Amends section 101 of such act to strike the
section heading and make changes to the priority of services.
``Section 143. Amends section 102 of such act regarding
evaluations, studies and reports by the Secretary.
``Section 144. Amends section 104 of such act regarding
authorization of appropriations.
``Section 145. Amends such act to make technical changes
and to provide for conforming amendments and redesignations.''
Subtitle C--Technical and conforming amendments
``Section 151. Amends the Child Abuse Prevention and
Treatment Act to establish the short title as the ``Keeping
Children and Families Safe Act'' and provide for the table of
contents of this act.
title ii--amendments to family violence prevention and services act
``Section 201. Amends section 303(a)(2)(B)(i) and section
303(b)(1) of such act regarding the authorization of state
demonstration grants.
``Section 202. Amends section 306 of such act to make
technical changes.''
Section 203. Amends section 308 of such act by striking
subsection (g).
``Section 204. Amends section 310(a) and 311(g) of such act
pertaining to authorization of appropriations.''
Section 205. Amends section 311 of such act by striking
subsection (h).
``Section 206. Amends section 316(b) and (f) of such act
regarding the national domestic violence hotline grant.
``Section 207. Amends section 318 (h) of such act to
provide for the authorization of appropriations regarding
demonstration grants for community initiatives and by striking
subsection (i).
``Section 208. Amends section 319 (f) of such act to extend
the authorization of the transitional housing assistance
program.
``Section 209. Amends sections 302(1), 303(a),
305(b)(2)(A), 311(a), 313(1) and 315(b)(3)(A) to make technical
and conforming amendments.''
TITLE III--EFFECTIVE DATE
Section 301. Establishes the effective date of this act and
the amendments made by this act.
Explanation of Amendments
The Amendment in the Nature of a Substitute is explained in
the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. The purpose of H.R. 3839 is to reauthorize and make
amendments to the Child Abuse Prevention and Treatment Act
(CAPTA), the Adoption Opportunities program, the Abandoned
Infants Assistance Act, and the Family Violence Prevention and
Services Act (FVPSA). The bill does not prevent legislative
branch employees from receiving the benefits of this
legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. H.R. 3839 reauthorizes and makes amendments to the
Child Abuse Prevention and Treatment Act (CAPTA), the Adoption
Opportunities program, the Abandoned Infants Assistance Act,
and the Family Violence Prevention and Services Act (FVPSA). As
such, the bill does not contain any unfunded mandates.
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 body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 3839 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 4, 2002.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3839, the Keeping
Children and Families Safe Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3839--Keeping Children and Families Safe Act of 2002
Summary: Programs under the Child Abuse Prevention and
Treatment Act, the Child Abuse Prevention, Treatment and
Adoption Reform Act of 1978, and the Abandoned Infants
Assistance Act of 1988 were authorized through 2001. These
programs were continued in 2002 by the Department of Health and
Human Services Appropriations Act, 2002. H.R. 3839 would
reauthorize these programs through 2007. It also would extend
authorizations through 2007 for some programs authorized under
the Family Violence Prevention and Services Act. Most programs
under that act are currently authorized through 2005.
The bill would authorize total appropriations of $312
million in 2003. CBO estimates that total authorizations under
H.R. 3839 would amount to about $2 billion over the 2003-2007
period, assuming that annual levels are adjusted to keep pace
with inflation when specific annual authorizations are not
provided. (Without such inflation adjustments, the
authorization total would be about $1.9 billion over the 2003-
2007 period.) CBO estimates that appropriations of the
authorized levels would result in additional outlays of $1.2
billion over the 2003-2007 period, if inflation adjustments are
included.
Enacting the bill would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
H.R. 3839 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 3839 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 3839, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
WITH ADJUSTMENTS FOR INFLATION
Spending under current law:
Budget authority/authorization level \1\.............. 254 183 183 183 0 0
Estimated outlays..................................... 231 233 195 182 159 54
Proposed changes:
Estimated authorization level......................... 0 312 318 324 513 519
Estimated outlays..................................... 0 33 165 249 322 463
Spending under H.R. 3839:
Estimated authorization level......................... 254 495 501 507 513 519
Estimated outlays..................................... 231 265 359 430 481 516
WITHOUT ADJUSTMENTS FOR INFLATION
Spending under current law:
Budget authority/authorization level \1\.............. 254 183 183 183 0 0
Estimated outlays..................................... 231 233 195 182 159 54
Proposed changes:
Estimated authorization level......................... 0 312 312 312 495 495
Estimated outlays..................................... 0 33 164 245 314 449
Spending under H.R. 3839:
Estimated authorization level......................... 254 495 495 495 495 495
Estimated outlays..................................... 231 265 359 427 473 503
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse
Prevention and Treatment Act, the Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the
Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The amounts
shown for 2003 through 2005 are current authorization levels for certain programs under the Family Violence
Prevention and Services Act.
Note.--Components may not sum totals because of rounding.
Basis of estimate
H.R. 3839 would authorize funding through 2007 for various
programs created under the Child Abuse Prevention and Treatment
Act, the Child Abuse Prevention, Treatment and Adoption Reform
Act of 1978, the Abandoned Infants Assistance Act of 1988, and
the Family Violence Prevention Services Act. Programs
authorized under the first three acts would be reauthorized at
specific levels for 2003 and for such sums as may be necessary
for 2004 through 2007. Programs authorized by the Family
Violence Prevention and Services Act, most of which are already
authorized through 2005, would be extended at current levels
through 2007.
H.R. 3839 would authorize the appropriation of $312 million
in 2003. CBO estimates that this bill would authorize total
funding of $2 billion over the 2003-2007 period assuming that
``such sums'' amounts provided after 2003 are adjusted for
inflation. If the authorized amounts are appropriated, outlays
would increase by $33 million in the first year and by $1.2
billion over the five-year period.
Table 2 presents CBO's estimates with inflation adjustments
for the various components of each title under H.R. 3839.
Unless annual amounts are specified, CBO's estimate of
authorized levels is the authorized amount for 2003 with those
amounts inflated in later years. The estimated outlays reflect
historical rates of spending for the affected programs.
Title I--Child abuse prevention and related programs
Title I of H.R. 3839 would reauthorize and revise programs
currently authorized under the Child Abuse Prevention and
Treatment Act, the Child Abuse Prevention, Treatment and
Adoption Reform Act of 1978, and the Abandoned Infants
Assistance Act of 1988. H.R. 3839 would authorize a total of
$287 million for 2003 for all programs under title I. CBO
estimates the total funding for title I for the 2003-2007
period would be about $1.5 billion, assuming adjustments for
inflation, with resulting outlays of $950 million over those
five years.
Child Abuse Prevention Programs. H.R. 3839 would authorize
$120 million in 2003 for both the Child Abuse and Neglect State
Grant program and the Child Abuse Discretionary Activities
program and such sums as may be necessary in 2004 through 2007.
The state grant program provides formula grants to states to
improve child protection services. The discretionary activities
program awards funds to other public agencies or private
nonprofit agencies for research and demonstration projects. The
two programs were funded at $48 million in 2002.
The bill also would amend provisions to include new
reporting and training requirements and would encourage
collaborative partnerships between organizations within a
state.
TABLE 2.--DETAILED EFFECTS OF H.R. 3839, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002, WITH ADJUSTMENTS
FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2002 2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority/authorization level \1\.............. 254 183 183 183 0 0
Estimated outlays..................................... 231 233 195 182 159 54
Proposed changes:
Title I--Child Abuse Prevention and Related Programs
Child abuse prevention state grants and discretionary
activities:
Estimated authorization level......................... 0 120 122 125 127 130
Estimated outlays..................................... 0 6 59 97 114 121
Community based resource centers:
Estimated authorization level......................... 0 80 82 83 85 87
Estimated outlays..................................... 0 6 19 44 73 81
Adoption opportunities:
Estimated authorization level......................... 0 40 41 42 42 43
Estimated outlays..................................... 0 2 28 37 39 41
Abandoned infants assistance:
Estimated authorization level......................... 0 45 46 47 48 49
Estimated outlays..................................... 0 2 33 43 46 48
Administrative expenses for abandoned infants assistance:
Estimated authorization level......................... 0 2 2 2 2 2
Estimated outlays..................................... 0 2 2 2 2 2
Subtotal, Title I:
Estimated authorization level......................... 0 287 293 299 305 311
Estimated outlays..................................... 0 18 141 224 273 293
Title II--Family Violence Prevention and Services
Family violence prevention and services/battered women's
shelters: \2\
Estimated authorization level......................... 0 0 0 0 175 175
Estimated outlays..................................... 0 0 0 0 21 138
Domestic violence hotline: \2\
Estimated authorization level......................... 0 0 0 0 2 2
Estimated outlays..................................... 0 0 0 0 2 2
Demonstration grants for community initiatives: \2\
Estimated authorization level......................... 0 0 0 0 6 6
Estimated outlays..................................... 0 0 0 0 1 4
Transitional housing assistance:
Estimated authorization level......................... 0 25 25 25 25 25
Estimated outlays..................................... 0 15 24 24 25 25
Subtotal, Title II:
Estimated authorization level......................... 0 25 25 25 208 208
Estimated outlays..................................... 0 15 24 24 48 169
Total proposed changes:
Estimated authorization level......................... 0 312 318 324 513 519
Estimated outlays..................................... 0 33 165 249 322 463
Total spending under H.R. 3839:
Estimated authorization level......................... 254 495 501 507 513 519
Estimated outlays..................................... 231 265 359 430 481 516
----------------------------------------------------------------------------------------------------------------
\1\ The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse
Prevention and Treatment Act, the Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the
Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The 2003-2005
amounts are current authorization levels for certain programs under the Family Violence Prevention and
Services Act.
\2\ The Family Violence Prevention and Services, Domestic Violence Hotline, and Demonstration Grants for
Community Initiatives programs are currently authorized until 2005. Table 2 shows only new authorizations. See
text for a description of authorizations.
Notes.--Components may not sum to totals because of rounding.
Community Based Resource Centers. H.R. 3839 also would
authorize $80 million in 2003 and such sums as may be necessary
over the 2004-2007 period for grants to help states expand the
network of services and coordination of services within the
state. The program is funded at $33 million in 2002.
Adoption Opportunities. The bill would authorize $40
million in 2003 and such sums as may be necessary over the
2004-2007 period for the adoption opportunities program. The
adoption opportunities program provides funds to organizations
for programs to eliminate barriers to adoption. Projects
include the creation of a national adoption exchange system,
legal services programs, and programs to increase the adoption
rates of minority children. These activities are funded at $27
million in 2002.
Abandoned Infants Assistance. H.R. 3839 would authorize $45
million in 2003 and such sums as may be necessary for the next
four fiscal years for the Abandoned Infants Assistance program.
That program provides funds to public and private organizations
for programs that prevent abandonment of infants with HIV/AIDS,
assist abandoned infants, and recruit and train foster parents
and health and social services professionals. The bill also
would authorize about $2 million in each fiscal year for
administrative expenses. The program is funded at $12 million
in 2002.
Title II--Other child abuse prevention and related programs
Title II would authorize $25 million in 2003 and $491
million over the 2003-2007 period for four family violence
prevention programs that are currently authorized under the
Family Violence Prevention and Services Act. The Family
Violence Prevention and Services Act already authorizes most of
these appropriations through 2005, and this bill would extend
the authorizations through 2007.
Family Violence Prevention and Services/Battered Women's
Shelters. The bill would extend the authorization of the Family
Violence Prevention and Services/Battered Women's Shelter
program from 2005 through 2007. The program provides grants to
states to provide shelter and assistance for victims, and
preventive services for perpetrators of domestic violence. The
current authorization is $175 million annually through 2005.
The program is funded at $124 million in 2002.
Domestic Violence Hotline. H.R. 3839 would authorize $2
million in each of the years 2006 and 2007 for the National
Domestic Violence hotline. The hotline is a national toll-free
telephone hotline that provides information and assistance to
victims of domestic violence throughout the United States. The
program is currently authorized at $2 million annually through
2005 by the Family Violence Prevention and Services Act. The
program received $2 million in 2002.
Demonstration Grants for Community Initiatives. The bill
would extend the authorization for grants for community
initiatives through 2007. The program awards grants to
nonprofit organizations to coordinate domestic violence
intervention and prevention programs in local communities. The
program is currently authorized at $6 million annually through
2005 and is funded at $6 million in 2002.
Transitional Housing Assistance. H.R. 3839 would authorize
$25 million in each of the fiscal years 2003 through 2007 for
housing assistance for victims of domestic violence. The
program was authorized at $25 million for 2001, but the program
has never been funded.
Pay as you go considerations: None.
Estimated impact on state, local, and tribal governments:
H.R. 3839 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. This bill would benefit state, local, and tribal
governments by authorizing at least $300 million in grants to
prevent child abuse and family violence as well as to protect
abused and neglected children. Any costs incurred to apply for
or administer grants would be voluntary.
Estimated impact on the private sector: The bill contains
no private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Donna Wong; Impact on
State, Local, and Tribal Governments: Elyse Goldman; Impact on
the Private Sector: Kate Bloniarz.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
In accordance with Clause (3)(c) of House Rule XIII, the
goal of H.R. 3839 is to authorize federal assistance helping to
prevent child abuse and family violence and protecting and
treating abused and neglected children and victims of family
violence. The bill also focuses on maintaining local projects
with demonstrated value in eliminating barriers to permanent
adoption and addressing the circumstances that often lead to
child abandonment. The Committee expects the administering
federal agencies to comply with H.R. 3839 and implement the
changes to the law in accordance with the changes.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 3839. The
Committee believes that the amendments made by this bill, which
authorize appropriations for the Child Abuse Prevention and
Treatment Act (CAPTA), the Adoption Opportunities program, the
Abandoned Infants Assistance Act, and the Family Violence
Prevention and Services Act (FVPSA), are within Congress'
authority under Article I, section 8, clause 1 of the
Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 3839. However, clause 3(d)(3)(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, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed 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.
[TITLE I--GENERAL PROGRAM
[Sec. 101. Office on Child Abuse and Neglect.
[Sec. 102. Advisory Board on Child Abuse and Neglect.
[Sec. 103. National clearinghouse for information relating to child
abuse.
[Sec. 104. Research and assistance activities.
[Sec. 105. Grants to public agencies and nonprofit private organizations
for demonstration programs and projects.
[Sec. 106. Grants to States for child abuse and neglect prevention and
treatment programs.
[Sec. 107. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
[Sec. 108. Miscellaneous requirements relating to assistance.
[Sec. 109. Coordination of child abuse and neglect programs.
[Sec. 110. Reports.
[Sec. 111. Definitions.
[Sec. 112. Authorization of appropriations.
[Sec. 113. Rule of construction.
[TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS
[Sec. 201. Purpose and authority.
[Sec. 202. Eligibility.
[Sec. 203. Amount of grant.
[Sec. 204. Existing grants.
[Sec. 205. Application.
[Sec. 206. Local program requirements.
[Sec. 207. Performance measures.
[Sec. 208. National network for community-based family resource
programs.
[Sec. 209. Definitions.
[Sec. 210. Authorization of appropriations.]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping
Children and Families Safe Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Short title.
Sec. 102. Findings.
Subtitle A--General Program
Sec. 111. Office on Child Abuse and Neglect.
Sec. 112. National clearinghouse for information relating to child
abuse.
Sec. 113. Research and assistance activities.
Sec. 114. Grants to public agencies and nonprofit private organizations
for demonstration programs and projects.
Sec. 115. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 116. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
Sec. 117. Miscellaneous requirements relating to assistance.
Sec. 118. Coordination of child abuse and neglect programs.
Sec. 119. Reports.
Sec. 120. Definitions.
Sec. 121. Authorization of appropriations.
Sec. 122. Rule of construction.
Subtitle B--Community-Based Family Support Grants for the Prevention of
Child Abuse and Neglect
Sec. 131. Purpose and authority.
Sec. 132. Eligibility.
Sec. 133. Amount of grant.
Sec. 134. Application.
Sec. 135. Local program requirements.
Sec. 136. Performance measures.
Sec. 137. National network for community-based family resource programs.
Sec. 138. Definitions.
Sec. 139. Authorization of appropriations.
TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS
Subtitle A--Adoption Opportunities
Sec. 201. Short title.
Sec. 202. Congressional findings and declaration of purpose.
Sec. 203. Information and services.
Sec. 204. Study and report on dynamics of successful adoption.
Sec. 205. Authorization of appropriations.
Subtitle B--Abandoned Infants Assistance
Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Establishment of local programs.
Sec. 224. Evaluations, study, and reports by secretary.
Sec. 225. Definitions.
Sec. 226. Authorization of appropriations.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Child Abuse Prevention and
Treatment Act''.
SEC. [2.] 102. FINDINGS.
Congress finds that--
(1) * * *
* * * * * * *
(3) the problem of child abuse and neglect requires a
comprehensive approach that--
(A) * * *
* * * * * * *
(D) [ensures properly trained and support
staff with specialized knowledge,] ensures
staff have proper training and specialized
knowledge to carry out their child protection
duties; and
* * * * * * *
[TITLE I--GENERAL PROGRAM]
Subtitle A--General Program
SEC. [101.] 111. OFFICE ON CHILD ABUSE AND NEGLECT.
(a) * * *
(b) Purpose.--The purpose of the Office established under
subsection (a) shall be to execute and coordinate the functions
and activities of this [Act] title. In the event that such
functions and activities are performed by another entity or
entities within the Department of Health and Human Services,
the Secretary shall ensure that such functions and activities
are executed with the necessary expertise and in a fully
coordinated manner involving regular intradepartmental and
interdepartmental consultation with all agencies involved in
child abuse and neglect activities.
[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) medicine (including pediatrics);
[(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; and
[(13) children's rights advocates.
[(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,
and local child abuse and neglect activities with
similar activities at the Federal, State, and local
level pertaining to family violence prevention;
[(2) specific modifications needed in Federal and
State 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 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.] 112. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE.
(a) * * *
(b) Functions.--The Secretary shall, through the
clearinghouse established by subsection (a)--
(1) maintain, coordinate, and disseminate information
on [all programs, including private programs, that show
promise of success] all effective programs, including
private programs, that show promise of success and the
potential for broad-scale implementation and
replication with respect to the prevention, assessment,
identification, and treatment of child abuse and
neglect; and
* * * * * * *
(c) Coordination With Available Resources.--
(1) In general.--In establishing a national
clearinghouse as required by subsection (a), the
Secretary shall--
(A) * * *
* * * * * * *
(E) compile, analyze, and publish a summary
of the research conducted under section
[105(a)] 113(a); [and]
(F) collect and disseminate information that
describes best practices being used throughout
the Nation for making appropriate referrals
related to, and addressing, the physical,
developmental, and mental health needs of
abused and neglected children; and
[(F)] (G) solicit public comment on the
components of such clearinghouse.
* * * * * * *
SEC. [104.] 113. RESEARCH AND ASSISTANCE ACTIVITIES.
(a) Research.--
(1) Topics.--The Secretary shall, in consultation
with other Federal agencies and recognized experts in
the field, carry out a continuing interdisciplinary
program of research, including longitudinal research,
that is designed to provide information needed to
better protect children from abuse or neglect and to
improve the well-being of abused or neglected children,
with at least a portion of such research being field
initiated. Such research program may focus on--
(A) the nature and scope of child abuse and
neglect;
(B) causes, prevention, assessment,
identification, treatment, cultural and socio-
economic distinctions, and the consequences of
child abuse and neglect, including the effects
of abuse and neglect on a child's development
and the identification of successful early
intervention services or other services that
are needed;
(C) appropriate, effective and culturally
sensitive investigative, administrative, and
[judicial procedures] judicial systems,
including multidisciplinary, coordinated
decisionmaking procedures with respect to cases
of child abuse; [and]
(D) the evaluation and dissemination of best
practices consistent with the goals of
achieving improvements in the child protective
services systems of the States in accordance
with paragraphs (1) through (12) of section
106(a);
(E) effective approaches to interagency
collaboration between the child protection
system and the juvenile justice system that
improve the delivery of services and treatment,
including methods for continuity of treatment
plan and services as children transition
between systems;
(F) an evaluation of the redundancies and
gaps in the services in the field of child
abuse and neglect prevention in order to make
better use of resources; and
(G) the information on the national incidence
of child abuse and neglect specified in
subparagraphs (A) through (K) of paragraph (2).
[(D) the national incidence of child abuse and
neglect, including--] (2) The Secretary shall conduct
research on the national incidence of child abuse and
neglect, including--
[(i)] (A) the extent to which incidents of
child abuse are increasing or decreasing in
number and severity;
[(ii)] (B) the incidence of substantiated and
unsubstantiated reported child abuse cases;
[(iii)] (C) the number of substantiated cases
that result in a judicial finding of child
abuse or neglect or related criminal court
convictions;
[(iv)] (D) 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)] (E) the extent to which the lack of
adequate resources and the lack of adequate
training of individuals required by law to
report suspected cases of child abuse have
contributed to the inability of a State to
respond effectively to serious cases of child
abuse and neglect;
[(vi)] (F) 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)] (G) the extent to which
unsubstantiated reports return as more serious
cases of child abuse or neglect;
[(viii)] (H) the incidence and prevalence of
physical, sexual, and emotional abuse and
physical and emotional neglect in substitute
care; [and]
(I) the incidence and prevalence of child
maltreatment by reason of family structure,
including the living arrangement of the
resident parent, family income, and family
size; and
[(ix)] (J) the incidence and outcomes of
abuse allegations reported within the context
of divorce, custody, or other family court
proceedings, and the interaction between this
venue and the child protective services system.
(3) Report.--Not later than 4 years after the date of
the enactment of the Keeping Children and Families Safe
Act of 2002, the Secretary shall prepare and submit to
the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report
that contains the results of the research conducted
under paragraph (2).
[(2)] (4) Priorities.--(A) The Secretary shall
establish research priorities for making grants or
contracts for purposes of carrying out paragraph (1).
[(B) In establishing research priorities as required
by subparagraph (A), the Secretary shall--
[(i) publish proposed priorities in the
Federal Register for public comment; and
[(ii) allow not less than 60 days for public
comment on such proposed priorities.]
(B) The Secretary shall, every two years, provide
opportunity for public comment of such proposed
priorities and provide for an official record of such
public comment.
(b) Provision of Technical Assistance.--
(1) In general.--The Secretary shall provide
technical assistance to State and local public and
nonprofit private agencies and organizations, including
disability organizations and persons who work with
children with disabilities, to assist such agencies and
organizations in planning, improving, developing, and
carrying out programs and activities, including
replicating successful program models, relating to the
prevention, assessment, identification, and treatment
of child abuse and neglect.
(2) Evaluation.--Such technical assistance may
include an evaluation or identification of--
(A) * * *
(B) ways to mitigate psychological trauma to
the child victim; [and]
(C) effective programs carried out by the
States under [titles I and II.] this subtitle
and subtitle B; 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.
* * * * * * *
(d) Peer Review for Grants.--
(1) Establishment of peer review process.--(A) The
Secretary shall, in consultation with experts in the
field and other [federal] Federal agencies, establish a
formal, rigorous, and meritorious peer review process
for purposes of evaluating and reviewing applications
for grants under this section and determining the
relative merits of the projects for which such
assistance is requested. The purpose of this process is
to enhance the quality and usefulness of research in
the field of child abuse and neglect.
* * * * * * *
SEC. [105.] 114. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE
ORGANIZATIONS FOR DEMONSTRATION PROGRAMS AND
PROJECTS.
(a) Demonstration Programs and Projects.--The Secretary may
make grants to, and enter into contracts with, public agencies
or private nonprofit agencies or organizations (or combinations
of such agencies or organizations) for time limited,
demonstration programs and projects for the following purposes:
(1) Training programs.--The Secretary may award
grants to public or private nonprofit organizations
under this section--
(A) * * *
(B) to improve the recruitment, selection,
and training of volunteers serving in public
and private nonprofit children, youth and
family service organizations in order to
prevent child abuse and neglect through
collaborative analysis of current recruitment,
selection, and training programs and
development of model programs for dissemination
and replication nationally; [and]
(C) for the establishment of resource centers
for the purpose of providing information and
training to professionals working in the field
of child abuse and neglect[.];
(D) for training to support the enhancement
of linkages between child protective service
agencies and health care agencies, including
physical and mental health services, to improve
forensic diagnosis and health evaluations and
for innovative partnerships between child
protective service agencies and health care
agencies that offer creative approaches to
using existing Federal, State, local, and
private funding to meet the health evaluation
needs of children who have been subjects of
substantiated cases of child abuse or neglect;
(E) for the training of personnel in best
practices to promote collaboration with the
families from the initial time of contact
during the investigation through treatment; and
(F) for the training of personnel regarding
the legal duties of such personnel.
(2) Mutual support programs.--The Secretary may award
grants to private nonprofit organizations [(such as
Parents Anonymous)] to establish or maintain a national
network of mutual support and self-help programs as a
means of strengthening families in partnership with
their communities.
(3) Other innovative programs and projects.--
(A) In general.--The Secretary may award
grants to public and private nonprofit agencies
that demonstrate innovation in [responding to
reports] addressing the prevention and
treatment of child abuse and neglect [including
programs of collaborative partnerships between
the State child protective services agency,
community social service agencies and family
support programs, schools, churches and
synagogues, and other community agencies to
allow for the establishment of a triage
system], including community-based
organizations, national entities, collaborative
partnerships between State child protective
service agencies, statewide child abuse
prevention and treatment organizations, law
enforcement agencies, substance abuse treatment
entities, health care entities, domestic
violence prevention entities, mental health
services entities, developmental disability
agencies, community social service agencies,
family support programs, schools, religious
organizations, and other entities to allow for
the establishment of a triage system that--
(i) * * *
* * * * * * *
(iii) provides further investigation
and intensive intervention where the
[child's safety is in jeopardy] child's
safety and health are in jeopardy.
* * * * * * *
(D) Linkages between child protective service
agencies and public health, mental health, and
developmental disabilities agencies.--The
Secretary may award grants to entities that
provide linkages between State or local child
protective service agencies and public health,
mental health, and developmental disabilities
agencies, for the purpose of establishing
linkages that are designed to help assure that
a greater number of substantiated victims of
child maltreatment have their physical health,
mental health, and developmental needs
appropriately diagnosed and treated.
(b) Discretionary Grants.--In addition to grants or contracts
made under subsection [(b)] (a), grants or contracts under this
section may be used for the following:
(1) * * *
* * * * * * *
(4) 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)] (5)(A) Providing hospital-based information and
referral services to--
(i) * * *
* * * * * * *
[(5)] (6) 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 demonstration projects
under this section, the Secretary shall require all such
projects to be evaluated for their effectiveness. Funding for
such evaluations shall be provided either as a stated
percentage of a demonstration grant or as a separate grant or
contract entered into by the Secretary for the purpose of
evaluating a particular demonstration project or group of
projects. In the case of an evaluation performed by the
recipient of a demonstration grant, the Secretary shall make
available technical assistance for the evaluation, where
needed, to ensure a rigorous application of scientific
evaluation techniques.
SEC. [106.] 115. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS.
(a) Development and Operation Grants.--The Secretary shall
make grants to the States, based on the population of children
under the age of 18 in each State that applies for a grant
under this section, for purposes of assisting the States in
improving the child protective services system of each such
State in--
(1) * * *
* * * * * * *
(3) case management, including ongoing case
monitoring, and delivery of services and treatment
provided to children and their families;
(4) enhancing the general child protective system by
improving risk and safety assessment tools and
protocols, [automation] management information and
technology systems that support the program and track
reports of child abuse and neglect from intake through
final disposition and information referral systems,
including to support the ability of States to collect
information for the National Child Abuse and Neglect
Data System;
(5) developing, strengthening, and facilitating
training opportunities and requirements for individuals
overseeing and providing services to children and their
families through the child protection system, including
training regarding best practices to promote
collaboration with the families and the legal duties of
such individuals;
(6) improving the quality and availability of
individuals providing services to children and
families, and the supervisors of such individuals,
through the child protection system, including
improvements in the recruitment and retention of
caseworkers;
[(6)] (7) developing and facilitating training
protocols for individuals mandated to report child
abuse or neglect;
(8) 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;
[(7)] (9) developing, strengthening, and supporting
child abuse and neglect prevention, treatment, and
research programs in the public and private sectors;
[(8)] (10) developing, implementing, or operating--
(A) * * *
* * * * * * *
(B) programs to assist in obtaining or
coordinating necessary services for families of
disabled infants with life-threatening
conditions, including--
(i) * * *
* * * * * * *
(iii) services necessary to
facilitate adoptive placement of any
such infants who have been relinquished
for adoption; [or]
(11) promoting partnerships between public agencies
and community-based organizations to provide child
abuse and neglect prevention and treatment services,
including linkages with education systems and health
care systems (including mental health systems);
[(9)] (12) developing and enhancing the capacity of
community-based programs to integrate shared leadership
strategies between parents and professionals to prevent
and treat child abuse and neglect at the neighborhood
level[.];
(13) supporting and enhancing interagency
collaboration between the child protection system and
the juvenile justice system for improved delivery of
services and treatment, including methods for
continuity of treatment plan and services as children
transition between systems; or
(14) supporting and enhancing collaboration among
public health agencies, the child protection system,
and private community-based programs to address the
health needs of children identified as abused or
neglected, including supporting prompt, comprehensive
health and developmental evaluations for children who
are the subject of substantiated child maltreatment
reports.
(b) Eligibility Requirements.--
(1) State plan.--
(A) * * *
(B) Additional requirement.--After the
submission of the initial grant application
under subparagraph (A), the State shall
[provide notice to the Secretary of any
substantive changes] provide notice to the
Secretary of--
(i) any substantive changes to any
State law relating to the prevention of
child abuse and neglect that may affect
the eligibility of the State under this
section[.]; and
(ii) any significant changes to how
funds provided under this section are
used to support the activities which
may differ from the activities as
described in the current State
application.
(2) Coordination.--A State plan submitted under
paragraph (1) shall, to the maximum extent practicable,
be coordinated with the State plan under part B of
title IV of the Social Security Act relating to child
welfare services and family preservation and family
support services, and shall contain an outline of the
activities that the State intends to carry out using
amounts received under the grant to achieve the
purposes of this title, including--
(A) an assurance in the form of a
certification by the chief executive officer of
the State that the State has in effect and is
enforcing a State law, or has in effect and is
operating a [Statewide program] statewide
program, relating to child abuse and neglect
that includes--
(i) provisions or procedures for the
reporting of known and suspected
instances of child abuse and neglect;
(ii) policies and procedures to
address the needs of infants born and
identified with fetal alcohol effects,
fetal alcohol syndrome, neonatal
intoxication or withdrawal syndrome, or
neonatal physical or neurological harm
resulting from prenatal drug exposure,
including--
(I) the 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
create a definition under
Federal law of what constitutes
child abuse and such
notification shall not be
construed to require
prosecution for any illegal
action; and
(II) the development of a
safe plan of care for the
infant under which
consideration may be given to
providing the mother with
health services (including
mental health services), social
services, parenting services,
and substance abuse prevention
and treatment counseling and to
providing the infant with
referral to the statewide early
intervention program funded
under part C of the Individuals
with Disabilities Education Act
for an evaluation for the need
for services provided under
part C of such Act;
[(ii)] (iii) procedures for the
immediate screening, safety assessment,
and prompt investigation of such
reports;
[(iii)] (iv) procedures for immediate
steps to be taken to ensure and protect
the safety of the abused or neglected
child and of any other child under the
same care who may also be in danger of
abuse or neglect and ensuring their
placement in a safe environment;
[(iv)] (v) provisions for immunity
from prosecution under State and local
laws and regulations for individuals
making good faith reports of suspected
or known instances of child abuse or
neglect;
(vi) provisions to require a State to
disclose confidential information to
any Federal, State, or local government
entity, or any agent of such entity,
that has a need for such information in
order to carry out its responsibilities
under law to protect children from
abuse and neglect;
[(v)] (vii) methods to preserve the
confidentiality of all records in order
to protect the rights of the child and
of the child's parents or guardians,
including requirements ensuring that
reports and records made and maintained
pursuant to the purposes of this [Act]
title shall only be made available to--
(I) individuals who are the
subject of the report;
(II) Federal, State, or local
government entities, or any
agent of such entities[, having
a need for such information in
order to carry out its
responsibilities under law to
protect children from abuse and
neglect] as described in clause
(vi);
* * * * * * *
[(vi)] (viii) provisions which allow
for public disclosure of the findings
or information about the case of child
abuse or neglect which has resulted in
a child fatality or near fatality;
[(vii)] (ix) the cooperation of State
law enforcement officials, court of
competent jurisdiction, and appropriate
State agencies providing human services
in the investigation, assessment,
prosecution, and treatment of child
abuse or neglect;
[(viii)] (x) provisions requiring,
and procedures in place that facilitate
the prompt expungement of any records
that are accessible to the general
public or are used for purposes of
employment or other background checks
in cases determined to be
unsubstantiated or false, except that
nothing in this section shall prevent
State child protective services
agencies from keeping information on
unsubstantiated reports in their
casework files to assist in future risk
and safety assessment;
[(ix)] (xi) provisions and procedures
requiring that in every case involving
an abused or neglected child which
results in a judicial proceeding, a
guardian ad litem, who may be an
attorney or a court appointed special
advocate (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;
[(x)] (xii) the establishment of
citizen review panels in accordance
with subsection (c);
[(xi)] (xiii) provisions, procedures,
and mechanisms [to be effective not
later than 2 years after the date of
the enactment of this section]--
(I) * * *
* * * * * * *
[(xii)] (xiv) provisions, procedures,
and mechanisms [to be effective not
later than 2 years after the date of
the enactment of this section] that
assure that the State does not require
reunification of a surviving child with
a parent who has been found by a court
of competent jurisdiction--
(I) * * *
* * * * * * *
(IV) to have committed a
felony assault that results in
the serious bodily injury to
the surviving child or another
child of such parent; [and]
[(xiii)] (xv) an assurance that, upon
the implementation by the State of the
provisions, procedures, and mechanisms
under [clause (xii)] clause (xiv),
conviction of any one of the felonies
listed in [clause (xii)] clause (xiv)
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);
(xvi) provisions and procedures to
require that a representative of the
child protective services agency shall,
at the initial time of contact with the
individual subject to a child abuse and
neglect investigation, advise the
individual of the complaints or
allegations made against the
individual, in a manner that is
consistent with laws protecting the
rights of the informant;
(xvii) provisions addressing the
training of representatives of the
child protective services system
regarding their legal duties, which may
consist of procedures to inform such
representatives of such duties, in
order to protect the legal rights of
children and families from the initial
time of contact during the
investigation through treatment;
(xviii) provisions and procedures for
improving the training, retention, and
supervision of caseworkers; and
(xix) 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 the
statewide early intervention program
funded under part C of the Individuals
with Disabilities Education Act for an
evaluation for the need of services
provided under part C of such Act.
(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 disabled infants with life-threatening
conditions), procedures or programs, or both
(within the State child protective services
system), to provide for--
(i) * * *
* * * * * * *
(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
disabled infants with [life
threatening] life-threatening
conditions;
* * * * * * *
(3) Limitation.--[With regard to clauses (v) and (vi)
of paragraph (2)(A)] With regard to clauses (vi) and
(vii) of paragraph (2)(A), nothing in this section
shall be construed as restricting the ability of a
State to refuse to disclose identifying information
concerning the individual initiating a report or
complaint alleging suspected instances of child abuse
or neglect, except that the State may not refuse such a
disclosure where a court orders such disclosure after
such court has reviewed, in camera, the record of the
State related to the report or complaint and has found
it has reason to believe that the reporter knowingly
made a false report.
* * * * * * *
(c) Citizen Review Panels.--
(1) * * *
* * * * * * *
(4) Functions.--
(A) In general.--Each panel established
pursuant to paragraph (1) shall, by examining
the [policies and procedures] policies,
procedures, and practices of State and local
agencies and where appropriate, specific cases,
evaluate the extent to which the agencies are
effectively discharging their child protection
responsibilities in accordance with--
(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).
* * * * * * *
(6) Reports.--Each panel established under paragraph
(1) shall prepare and make available to the State and
public, on an annual basis, a report containing a
summary of the activities of the panel.
(d) Annual State Data Reports.--Each State to which a grant
is made under this section shall annually work with the
Secretary to provide, to the maximum extent practicable, a
report that includes the following:
(1) * * *
* * * * * * *
(13) The annual report containing the summary of the
activities of the citizen review panels of the State
required by subsection (c)(6).
(14) The number of children under the care of the
State child protection system transferred into the
custody of the State juvenile justice system.
* * * * * * *
SEC. [107.] 116. 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 handling of child abuse and neglect cases,
particularly cases of child sexual abuse and
exploitation, in a manner which limits additional
trauma to the child victim;
(2) the handling of cases of suspected child abuse or
neglect related fatalities; [and]
(3) the investigation and prosecution of cases of
child abuse and neglect, particularly child sexual
abuse and exploitation[.]; and
(4) the handling of cases involving children with
disabilities or serious health-related problems who are
victims of 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 [107(b)]
115(b);
* * * * * * *
(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) * * *
(B) experimental, model and demonstration
programs for testing innovative approaches and
techniques which may [improve the rate of
successful prosecution or enhance the
effectiveness of judicial and administrative
action in child abuse cases, particularly child
sexual abuse cases] 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
* * * * * * *
SEC. [108.] 117. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
(a) Construction of Facilities.--
(1) Restriction on use of funds.--Assistance provided
under this [Act] title 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]
title--
(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] title among the States, 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] title.
(c) Limitation.--No funds appropriated for any grant or
contract pursuant to authorizations made in this [Act] title
may be used for any purpose other than that for which such
funds were authorized to be appropriated.
(d) Sense of Congress.--It is the sense of Congress that the
Secretary should encourage all States and public and private
agencies or organizations that receive assistance under this
title to ensure that children and families with limited English
proficiency who participate in programs under this title are
provided materials and services under such programs in an
appropriate language other than English.
SEC. [109.] 118. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS.
The Secretary shall prescribe regulations and make such
arrangements as may be necessary or appropriate to ensure that
there is effective coordination among programs related to child
abuse and neglect under this [Act] title and other such
programs which are assisted by Federal funds.
SEC. [110.] 119. REPORTS.
(a) * * *
(b) Effectiveness of State Programs and Technical
Assistance.--Not later than two years after the first fiscal
year for which funds are obligated under section 1404A of the
Victims of Crime Act of 1984, the Secretary shall submit to the
appropriate committees of Congress a report evaluating the
effectiveness of assisted programs in achieving the objectives
of section [107] 116.
(c) Study and Report Relating to Citizen Review Panels.--
(1) Study.--The Secretary shall conduct a study by
random sample on the effectiveness of the citizen
review panels established under section 106(c).
(2) Report.--Not later than 3 years after the date of
the enactment of Keeping Children and Families Safe Act
of 2002, the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor and Pensions of the Senate a report that contains
the results of the study conducted under paragraph (1).
SEC. [111.] 120. DEFINITIONS.
For purposes of this [title] subtitle--
(1) * * *
* * * * * * *
SEC. [112.] 121. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
[(1) General authorization.--There are authorized to
be appropriated to carry out this title, $100,000,000
for fiscal year 1997, and such sums as may be necessary
for each of the fiscal years 1998 through 2001.]
(1) General authorization.--There are authorized to
be appropriated to carry out this subtitle $120,000,000
for fiscal year 2003 and such sums as may be necessary
for each of the fiscal years 2004 through 2007.
(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] subtitle.
(B) Demonstration projects.--Of the amounts
made available for a fiscal year under
subparagraph (A), the [Secretary make]
Secretary shall make available not more than 40
percent of such amounts to carry out section
[106] 115.
(b) Availability of Funds Without Fiscal Year Limitation.--
The Secretary shall ensure that funds appropriated pursuant to
authorizations in this [title] subtitle shall remain available
until expended for the purposes for which they were
appropriated.
SEC. [113.] 122. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this [Act] title shall be
construed--
(1) * * *
* * * * * * *
[TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS]
Subtitle B--Community-Based Family Support Grants for the Prevention of
Child Abuse and Neglect
SEC. [201.] 131. PURPOSE AND AUTHORITY.
(a) Purpose.--It is the purpose of this [title] subtitle--
(1) to support State efforts to develop, operate,
expand and enhance a network of community-based,
[prevention-focused,] family resource and support
programs for the prevention of child abuse and neglect
that coordinate resources among existing education,
vocational rehabilitation, disability, respite care,
health, mental health, job readiness, self-sufficiency,
child and family development, community action, Head
Start, child care, child abuse and neglect prevention,
juvenile justice, domestic violence prevention and
intervention, housing, and other human service
organizations within the State; and
(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] subtitle on a formula basis to the entity designated by
the State as the lead entity (hereafter referred to in this
[title] subtitle as the ``lead entity'') under section [202(1)]
132(1) for the purpose of--
(1) developing, operating, expanding and enhancing
[Statewide] statewide networks of community-based,
[prevention-focused, family resource and support
programs] family support programs for the prevention of
child abuse and neglect that--
(A) * * *
* * * * * * *
(F) support the additional needs of families
with children with disabilities through respite
care and other services; [and]
[(G) decrease the risk of homelessness;]
(G) demonstrate a commitment to meaningful
parent leadership, including among parents of
children with disabilities, parents with
disabilities, racial and ethnic minorities, and
members of other underrepresented or
underserved groups;
(H) provide referrals to early health and
developmental services; or
(I) are accessible, effective, culturally
appropriate, developmentally appropriate, and
built upon existing strengths;
* * * * * * *
(3) financing the start-up, maintenance, expansion,
or redesign of specific family resource and support
program services (such as respite care services, child
abuse and neglect prevention activities, disability
services, mental health 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)] 134(a)(3) as an unmet need, and integrated
with the network of community-based family resource and
support program 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, reporting and evaluation costs for
establishing, operating, or expanding a [Statewide]
statewide network of community-based, [prevention-
focused, family resource and support program] family
support programs for the prevention of child abuse and
neglect; and
* * * * * * *
SEC. [202.] 132. ELIGIBILITY.
A State shall be eligible for a grant under this [title]
subtitle for a fiscal year if--
(1)(A) the chief executive officer of the State has
designated a lead entity to administer funds under this
[title] subtitle for the purposes identified under the
authority of this [title] subtitle, including to
develop, implement, operate, enhance or expand a
[Statewide] statewide network of community-based,
[prevention-focused, family resource and support
programs,] family support programs for the prevention
of child abuse and neglect [prevention activities] and
access to respite care services integrated with the
Statewide network;
(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 for purposes of preventing child abuse
and neglect and 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;
* * * * * * *
(D) in the case of a State that has designated a
State trust fund advisory board for purposes of
administering funds under this [title] subtitle (as
such [title] subtitle 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
chief executive officer shall designate the lead entity
only after full consideration of the capacity and
expertise of all entities desiring to be designated
under subparagraph (A);
(2) the chief executive officer of the State provides
assurances that the lead entity will provide or will be
responsible for providing--
(A) a network of community-based [family
resource and support programs] family support
programs for the prevention of 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, and public and private
nonprofit service providers and individuals and
organizations experienced in working in
partnership with families with children with
disabilities and parents with disabilities;
* * * * * * *
(3) the chief executive officer of the State provides
assurances that the lead entity--
(A) has a demonstrated commitment to parental
participation in the development, operation,
and oversight of the [Statewide] statewide
network of community-based, [prevention-
focused, family resource and support programs]
family support programs for the prevention of
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
[Statewide] statewide network of community-
based, [prevention-focused, family resource and
support programs] family support programs for
the prevention of child abuse and neglect;
(C) has the capacity to provide operational
support (both financial and programmatic) and
training [and technical assistance], technical
assistance, and evaluation assistance, to the
[Statewide] statewide network of community-
based, [prevention-focused, family resource and
support programs] family support programs for
the prevention of 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.
SEC. [203.] 133. AMOUNT OF GRANT.
(a) Reservation.--The Secretary shall reserve 1 percent of
the amount appropriated under section [210] 139 for a fiscal
year to make allotments to Indian tribes and tribal
organizations and migrant programs.
(b) Remaining Amounts.--
(1) In general.--The Secretary shall allot the amount
appropriated under section [210] 139 for a fiscal year
and remaining after the reservation under subsection
(a) among the States as follows:
(A) * * *
(B) 30 percent of such amount appropriated
shall be allotted among the States by allotting
to each State an amount that bears the same
proportion to such amount appropriated [as the
amount leveraged by the State from private,
State, or other non-Federal sources and
directed through the] as the amount of private,
State or other non-Federal funds leveraged and
directed through the currently designated State
lead agency in the preceding fiscal year bears
to the aggregate of the amounts leveraged by
all States from private, State, or other non-
Federal sources and directed through [the lead
agency] the current lead agency of such States
in the preceding fiscal year.
* * * * * * *
[SEC. 204. EXISTING GRANTS.
[(a) In General.--Notwithstanding the enactment of the Child
Abuse Prevention and Treatment Act Amendments of 1996, a State
or entity that has a grant, contract, or cooperative agreement
in effect, on the date of the enactment of such Act under any
program described in subsection (b), shall continue to receive
funds under such program, subject to the original terms under
which such funds were provided under the grant, through the end
of the applicable grant cycle.
[(b) Programs Described.--The programs described in this
subsection are the following:
[(1) The Community-Based Family Resource programs
under section 201 of this Act, as such section was in
effect on the day before the date of the enactment of
the Child Abuse Prevention and Treatment Act Amendments
of 1996.
[(2) The Family Support Center programs under
subtitle F of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11481 et seq.), as
such title was in effect on the day before the date of
the enactment of the Child Abuse Prevention and
Treatment Act Amendments of 1996.
[(3) The Emergency Child Abuse Prevention Services
grant program under section 107A of this Act, as such
section was in effect on the day before the date of the
enactment of the Human Services Amendments of 1994.
[(4) Programs under the Temporary Child Care for
Children With Disabilities and Crisis Nurseries Act of
1986.]
SEC. [205.] 134. APPLICATION.
A grant may not be made to a State under this [title]
subtitle 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] 132, including--
(1) a description of the lead entity that will be
responsible for the administration of funds provided
under this [title] subtitle and the oversight of
programs funded through the [Statewide] statewide
network of community-based, [prevention-focused, family
resource and support programs] family support programs
for the prevention of child abuse and neglect which
meets the requirements of section [202] 132;
(2) a description of how the network of community-
based, [prevention-focused, family resource and support
programs] family support programs for the prevention of
child abuse and neglect will operate and how [family
resource and support services] family support services
provided by public and private, nonprofit
organizations, including those funded by programs
consolidated under this Act, will be integrated into a
developing continuum of family centered, holistic,
preventive services for children and families;
(3) [an assurance that an inventory of] a description
of the inventory of current unmet needs, current
[family resource programs, respite care, child abuse
and neglect prevention activities,] family support
programs for the prevention of child abuse and neglect,
including respite care and other family resource
services operating in the State, and a description of
current unmet needs[, will be provided];
(4) a budget for the development, operation and
expansion of the State's network of community-based,
[prevention-focused, family resource and support
programs] family support programs for the prevention of
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] subtitle (in cash, not in-kind) for activities
under this [title] subtitle;
(5) an assurance that funds received under this
[title] subtitle will supplement, not supplant, other
State and local public funds designated for start-up,
maintenance, expansion, and redesigning the [Statewide]
statewide network of community-based, [prevention-
focused, family resource and support programs] family
support programs for the prevention of child abuse and
neglect;
* * * * * * *
(7) a description of the criteria that the entity
will use to develop, or select and fund, [individual
community-based, prevention-focused, family resource
and support programs] child abuse and neglect
prevention programs that are community-based, including
family support programs as part of network development,
expansion or enhancement;
(8) a description of outreach activities that the
entity and the community-based, [prevention-focused,
family resource and support programs] family support
programs for the prevention of child abuse and neglect
will undertake to maximize the participation of racial
and ethnic minorities, children and adults with
disabilities, homeless families and those at risk of
homelessness, and members of other underserved or
underrepresented groups;
(9) a plan for providing operational support,
training and technical assistance to community-based,
[prevention-focused, family resource and support
programs] family support programs for the prevention of
child abuse and neglect for development, operation,
expansion and enhancement activities;
* * * * * * *
(11) a description of the actions that the applicant
entity will take to advocate systemic changes in State
policies, practices, procedures and regulations to
improve the delivery of [prevention-focused, family
resource and support program services] family support
program services for the prevention of child abuse and
neglect to children and families; and
[(13)] (12) an assurance that the applicant entity
will provide the Secretary with reports at such time
and containing such information as the Secretary may
require.
SEC. [206.] 135. LOCAL PROGRAM REQUIREMENTS.
(a) In General.--Grants made under this [title] subtitle
shall be used to develop, implement, operate, expand, network,
and enhance community-based, [prevention-focused, family
resource and support programs] family support programs for the
prevention of child abuse and neglect that--
(1) * * *
* * * * * * *
(3) provide--
(A) core [family resource and support
services] family support services for the
prevention of child abuse and neglect such as--
(i) parent education, mutual support
and self help, and leadership services;
(ii) outreach services;
(iii) community and social service
referrals; [and]
(iv) follow-up services;
(v) respite care;
(vi) home visiting; and
(vii) family support services;
* * * * * * *
(6) participate with other community-based,
[prevention-focused, family resource and support
program] family support programs for the prevention of
child abuse and neglect grantees in the development,
operation and expansion of the [Statewide] statewide
network.
(b) Priority.--In awarding local grants under this [title]
subtitle, 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 family resource and support programs.
SEC. [207.] 136. PERFORMANCE MEASURES.
A State receiving a grant under this [title] subtitle,
through reports provided to the Secretary--
(1) shall demonstrate the effective development,
operation and expansion of a [Statewide] statewide
network of community-based, [prevention-focused, family
resource and support programs] family support programs
for the prevention of child abuse and neglect that
meets the requirements of this [title] subtitle;
(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], such as
the services described in section 135(a)(3)(A);
(3) shall demonstrate the establishment[ of new
respite care and other specific new family resources
services, and the expansion of existing services,] and
the maintenance, enhancement, or expansion of existing
services such as those described in section
135(a)(3)(A), to address unmet needs identified by the
inventory and description of current services required
under section [205(3)] 134(3);
(4) shall describe the number of families served,
including families with children with disabilities, and
parents with disabilities, and the involvement of a
diverse representation of families in the design,
operation, and [evaluation of the Statewide network of
community-based, prevention-focused, family resource
and support programs, and in the design, operation and
evaluation of the individual community-based family
resource and support programs that are part of the
Statewide network funded under this title] evaluation
of community-based child abuse and neglect prevention
programs;
(5) shall demonstrate a high level of satisfaction
among families who have used the services of the
community-based, [prevention-focused, family resource
and support programs] family support programs for the
prevention of child abuse and neglect;
(6) shall demonstrate the establishment or
maintenance of innovative funding mechanisms, at the
State or community level, that blend Federal, State,
local and private funds, and innovative,
interdisciplinary service delivery mechanisms, for the
development, operation, expansion and enhancement of
the [Statewide] statewide network of community-based,
[prevention-focused, family resource and support
programs] family support programs for the prevention of
child abuse and neglect;
* * * * * * *
(8) shall demonstrate an implementation plan to
ensure the continued leadership of parents in the on-
going planning, implementation, and evaluation of such
[community based] community-based, [prevention-focused,
family resource and support programs] family support
programs for the prevention of child abuse and neglect.
SEC. [208.] 137. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
The Secretary may allocate such sums as may be necessary from
the amount provided under the State allotment to support the
activities of the lead entity in the State--
(1) * * *
* * * * * * *
(3) to fund a yearly symposium on State system change
efforts that result from the operation of the
[Statewide] statewide networks of community-based,
[prevention-focused, family resource and support
programs] family support programs for the prevention of
child abuse and neglect;
* * * * * * *
SEC. [209.] 138. DEFINITIONS.
For purposes of this title:
(1) Children with disabilities.--The term ``children
with disabilities'' has the same meaning [given such
term in section 602(a)(2)] given the term ``child with
a disability'' in section 602(3) of the Individuals
with Disabilities Education Act.
* * * * * * *
(3) Family resource and support program.--The term
``family resource and support program'' means a
community-based[, prevention-focused] entity that--
(A) provides, through direct service, the
[core services] core child abuse and neglect
prevention services required under this title,
including--
(i) parent education, support and
leadership services[, together with
services] characterized by
relationships between parents and
professionals that are based on
[equality and respect, and] equality
and respect that are designed to assist
parents in acquiring parenting skills,
learning about child development, and
responding appropriately to the
behavior of their children in order to
prevent child abuse and neglect;
(ii) services to facilitate the
ability of parents to serve as
resources [to one another] for support
of one another (such as through mutual
support and parent self-help groups);
* * * * * * *
(C) provides access to optional services,
directly or by contract, purchase of service,
or interagency agreement, including--
(i) * * *
* * * * * * *
(iii) referral to education services,
such as [scholastic] academic tutoring,
literacy training, and General
Educational Degree services;
* * * * * * *
[SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title, $66,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2001.]
SEC. 139. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle $80,000,000 for fiscal year 2003 and such sums as may
be necessary for each of the fiscal years 2004 through 2007.
TITLE II--OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS
Subtitle A--Adoption Opportunities
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Adoption Opportunities
Act of 2002''.
* * * * * * *
Subtitle B--Abandoned Infants Assistance
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Abandoned Infants
Assistance Act of 2002''.
* * * * * * *
----------
[Section 135(a) of H.R. 3839 transfers and redesignates title II of the
Child Abuse Prevention and Treatment Act and Adoption Reform Act of
1978, as amended below, as subtitle A of title II of the Child Abuse
Prevention and Treatment Act.]
CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978
* * * * * * *
[TITLE II--ADOPTION OPPORTUNITIES]
SEC. [201.] 202. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
(a) Findings.--Congress finds that--
[(1) the number of children in substitute care
increased by nearly 61 percent between 1986 and 1994,
as our Nation's foster care population included more
than 452,000 as of June 1994;]
[(2) increasingly] (1) children entering foster care
have complex problems [which] that require intensive
services;
[(3) an increasing number of infants are born to
mothers who did not receive prenatal care, are born
addicted to alcohol and other drugs, and exposed to
infection with the etiologic agent for the human
immunodeficiency virus, are medically fragile, and
technology dependent;]
(2) many such children have special needs because
they are born to mothers who did not receive prenatal
care, are born with life-threatening conditions or
disabilities, are born addicted to alcohol and other
drugs, or have been exposed to infection with the
etiologic agent for the human immunodeficiency virus;
[(4) the welfare of] (3) each year, thousands of
children [in institutions and foster homes and disabled
infants with life-threatening conditions may be in
serious jeopardy and some such children] are in need of
placement in permanent, adoptive homes;
[(5)] (4) many [thousands of] children remain in
institutions or foster homes solely because of legal
and other barriers to their placement in permanent,
adoptive homes;
[(6) the majority of such children are of school age,
members of sibling groups or disabled;]
[(7)] (5)(A) currently, [40,000] children of all
races and ages are free for adoption and awaiting
placement; and
(B) such children are typically school aged, in
sibling groups, have experienced neglect or abuse, or
have a physical, mental, or emotional disability; [and]
[(C) while the children are of all races, children of
color and older children (over the age of 10) are over
represented in such group;]
[(8)] (6) adoption may be the best alternative for
assuring the healthy development of such children;
[(9)] (7) there are qualified persons seeking to
adopt such children who are unable to do so because of
barriers to their placement; and
[(10)] (8) in order both to enhance the stability and
love of the child's home environment and to avoid
wasteful expenditures of public funds, such children
should not have medically indicated treatment withheld
from them nor be maintained in foster care or
institutions when adoption is appropriate and families
can be found for such children.
(b) Purpose.--It is the purpose of [this title] this subtitle
to facilitate the elimination of barriers to adoption and to
provide permanent and loving home environments for children who
would benefit from adoption, particularly children with special
needs, including disabled infants with life-threatening
conditions, by providing a mechanism to--
(1) * * *
* * * * * * *
[INFORMATION AND SERVICES]
[Sec. 203. (a) The Secretary]
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] this subtitle. The Secretary shall
make available such consultant services, on-site technical
assistance and personnel, together with appropriate
administrative expenses, including salaries and travel costs,
as are necessary for carrying out such purposes, including
services to facilitate the adoption of children with special
needs and particularly of disabled infants with life-
threatening conditions and services to couples considering
adoption of children with special needs.
(b) Required Activities.--In connection with carrying out the
provisions of [this title] this subtitle, the Secretary shall--
(1) * * *
* * * * * * *
[(c)(1) The Secretary]
(c) Services for Families Adopting Special Needs Children.--
(1) In general.--The Secretary shall provide
(directly or by grant to or contract with States, local
government entities, public or private nonprofit
licensed child welfare or adoption agencies or adoptive
family groups) for the provision of post legal adoption
services for families who have adopted special needs
children.
[(2) Services]
(2) Services.--Services provided under grants made
under this subsection shall supplement, not supplant,
services from any other funds available for the same
general purposes, including--
(A) individual counseling;
(B) group counseling;
(C) family counseling;
(D) case management;
(E) training public agency adoption
personnel, personnel of private, nonprofit
child welfare and adoption agencies licensed by
the State to provide adoption services, mental
health services professionals, and other
support personnel to provide services under
this subsection;
(F) assistance to adoptive parent
organizations; [and]
(G) assistance to support groups for adoptive
parents, adopted children, and siblings of
adopted children[.];
(H) day treatment; and
(I) respite care.
[(d)(1) The Secretary]
(d) Improving Placement Rate of Children in Foster Care.--
(1) In general.--The Secretary shall make grants for
improving State efforts to increase the placement of
foster care children legally free for adoption,
according to a pre-established plan and goals for
improvement. Grants funded by this section must include
a strong evaluation [component which] component that
outlines the innovations used to improve the placement
of special needs children who are legally free for
adoption, and the successes and failures of the
initiative. The evaluations will be submitted to the
Secretary who will compile the results of projects
funded by this section and submit a report to the
appropriate committees of Congress. The emphasis of
this program must focus on the improvement of the
placement rate--not the aggregate number of special
needs children placed in permanent homes. The
Secretary, when reviewing grant applications shall give
priority to grantees who propose improvements designed
to continue in the absence of Federal funds.
[(2)(A) Each State]
(2) Applications; technical and other assistance.--
(A) Applications.--Each State entering into
an agreement under this subsection shall submit
an application to the Secretary that describes
the manner in which the State will use funds
during the 3 fiscal years subsequent to the
date of the application to accomplish the
purposes of this section. Such application
shall be in a form and manner determined to be
appropriate by the Secretary. Each application
shall include verification of the placements
described in paragraph (1).
[(B) The Secretary]
(B) Technical and other assistance.--The
Secretary shall provide, directly or by grant
to or contract with public or private nonprofit
agencies or organizations--
(i) technical assistance and resource
and referral information to assist
State or local governments with
termination of parental rights issues,
in recruiting and retaining adoptive
families, in the successful placement
of children with special needs, and in
the provision of pre- and post-
placement services, including post-
legal adoption services; and
(ii) other assistance to help State
and local governments replicate
successful adoption-related projects
from other areas in the United States.
[(3)(A) Payments]
(3) Payments.--
(A) In general.--Payments under this
subsection shall begin during fiscal year 1989.
Payments under this section during any fiscal
year shall not exceed $1,000,000. No payment
may be made under this subsection unless an
amount in excess of $5,000,000 is appropriated
for such fiscal year under section 205(a).
[(B) Any payment]
(B) Reversion of unused funds.--Any payment
made to a State under this subsection which is
not used by such State for the purpose provided
in paragraph (1) during the fiscal year payment
is made shall revert to the Secretary on
October 1st of the next fiscal year and shall
be used to carry out the purposes of this Act.
[STUDY OF UNLICENSED ADOPTION PLACEMENTS
[Sec. 204. The Secretary shall provide for a study (the
results of which shall be reported to the appropriate
committees of the Congress not later than eighteen months after
the date of enactment of this Act) designed to determine 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 which are not
licensed by or subject to regulation by any governmental
entity.]
SEC. 204. STUDY AND REPORT ON 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 2002.
[AUTHORIZATION OF APPROPRIATIONS
[Sec. 205. (a) There are authorized to be appropriated,
$20,000,000 for fiscal year 1997, and such sums as may be
necessary for each of the fiscal years 1998 through 2001 to
carry out programs and activities authorized.]
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$40,000,000 for fiscal year 2003 and such sums as may be
necessary for fiscal years 2004 through 2007 to carry out
programs and activities authorized under this subtitle.
(b) Availability.--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.
----------
[Section 145(b) of H.R. 3839 transfers and redesignates the Abandoned
Infants Assistance Act of 1988, as amended below, as subtitle B of
title II of the Child Abuse Prevention and Treatment Act.]
ABANDONED INFANTS ASSISTANCE ACT OF 1988
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Abandoned Infants Assistance
Act of 1988''.]
SEC. [2.] 222. FINDINGS.
The Congress finds that--
[(1) throughout the Nation, the number of infants and
young children who have been exposed to drugs taken by
their mothers during pregnancy has increased
dramatically;]
[(2)] (1) studies indicate that a number of factors
contribute to the inability of some parents [who abuse
drugs] to provide adequate [care for such infants] care
for their infants and young children and a lack of
suitable shelter homes for such infants and young
children have led to the abandonment of such infants
and young children in hospitals for extended periods;
[(3)] (2) an unacceptable number of these infants and
young children will be medically cleared for discharge,
yet remain in hospitals as boarder babies;
[(4)] (3) hospital-based child care for these infants
and young children is extremely costly and deprives
them of an adequate nurturing environment;
[(5) training is inadequate for foster care personnel
working with medically fragile infants and young
children and infants and young children exposed to
drugs;
[(6) a particularly devastating development is the
increase in the number of infants and young children
who are infected with the human immunodeficiency virus
(which is believed to cause acquired immune deficiency
syndrome and which is commonly known as HIV) or who
have been perinatally exposed to the virus or to a
dangerous drug;
[(7) many such infants and young children have at
least one parent who is an intravenous drug abuser;]
(4) appropriate training is needed for personnel
working with infants and young children with life-
threatening conditions and other special needs,
including those who are infected with the human
immunodeficiency virus (commonly known as ``HIV''),
those who have acquired immune deficiency syndrome
(commonly know as ``AIDS''), and those who have been
exposed to dangerous drugs;
[(8)] (5) such infants and young children are
particularly difficult to place in foster homes, and
are being abandoned in hospitals in increasing numbers
by mothers dying of acquired immune deficiency
syndrome, by parents abusing drugs, or by parents
incapable of providing adequate care;
[(9)] (6) there is a need for [comprehensive services
for such infants and young children, including foster
family care services, case management services, family
support services, respite and crisis intervention
services, counseling services, and group residential
home services;] comprehensive support services for such
infants and young children and their families and
services to prevent the abandonment of such infants and
young children, including foster care services, case
management services, family support services, respite
and crisis intervention services, counseling services,
and group residential home services; and
[(10) there is a need to support the families of such
infants and young children through the provision of
services that will prevent the abandonment of the
infants and children; and
[(11) there is a need for the development of funding
strategies that coordinate and make the optimal use of
all private resources, and Federal, State, and local
resources, to establish and maintain such services.]
(7) Private, Federal, State, and local resources
should be coordinated to establish and maintain such
services and to ensure the optimal use of all such
resources.
[TITLE I--PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG CHILDREN
IN HOSPITALS]
[SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.]
SEC. 223. ESTABLISHMENT OF LOCAL PROGRAMS.
(a) * * *
[(b) Priority in Provision of Services.--The Secretary may
not make a grant under subsection (a) unless the applicant for
the grant agrees that, in carrying out the purpose described in
subsection (a) (other than with respect to paragraph (6) of
such subsection), the applicant will give priority to abandoned
infants and young children--
[(1) who are infected with the human immunodeficiency
virus or who have been perinatally exposed to the
virus; or
[(2) who have been perinatally exposed to a dangerous
drug.]
(b) Priority in Provision of Services.--The Secretary may not
make a grant under subsection (a) unless the applicant for the
grant agrees to give priority to abandoned infants and young
children who--
(1) are infected with, or have been perinatally
exposed to, the human immunodeficiency virus, or have a
life-threatening illness or other special medical need;
or
(2) have been perinatally exposed to a dangerous
drug.
* * * * * * *
(d) Administration of Grant.--
[(1) The Secretary] (1) In general.--The Secretary
may not make a grant under subsection (a) unless the
applicant for the grant agrees--
(A) * * *
* * * * * * *
(D) that if, [during the majority of the 180-
day period preceding the date of the enactment
of this Act,] during the majority of the 180-
day period preceding the date of the enactment
of the Keeping Children and Families Safe Act
of 2002, the applicant has carried out any
program with respect to the care of abandoned
infants and young children, the applicant will
expend the grant only for the purpose of
significantly expanding, in accordance with
subsection (a), activities under such program
above the level provided under such program
during the majority of such period.
[(2) Subject] (2) Duration of grants.--Subject to the
availability of amounts made available in
appropriations Acts for the fiscal year involved, the
duration of a grant under subsection (a) shall be for a
period of 3 years, except that the Secretary--
(A) * * *
* * * * * * *
[SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.
[(a) Evaluations of Demonstration Projects.--The Secretary
shall, directly or through contracts with public and nonprofit
private entities, provide for evaluations of projects carried
out under section 101 and for the dissemination of information
developed as result of such projects.
[(b) Dissemination of Information to Individuals With Special
Needs.--
[(1)(A) The Secretary may enter into contracts or
cooperative agreements with public or nonprofit private
entities for the development and operation of model
projects to disseminate the information described in
subparagraph (B) to individuals who are
disproportionately at risk of dysfunctional behaviors
that lead to the abandonment of infants or young
children.
[(B) The information referred to in subparagraph (A)
is information on the availability to individuals
described in such subparagraph, and the families of the
individuals, of financial assistance and services under
Federal, State, local, and private programs providing
health services, mental health services, educational
services, housing services, social services, or other
appropriate services.
[(2) The Secretary may not provide a contract or
cooperative agreement under paragraph (1) to an entity
unless--
[(A) the entity has demonstrated expertise in
the functions with respect to which such
financial assistance is to be provided; and
[(B) the entity agrees that in disseminating
information on programs described in such
paragraph, the entity will give priority--
[(i) to providing the information to
individuals described in such paragraph
who--
[(I) engage in the abuse of
alcohol or drugs, who are
infected with the human
immunodeficiency virus, or who
have limited proficiency in
speaking the English language;
or
[(II) have been historically
underserved in the provision of
the information; and
[(ii) to providing information on
programs that are operated in the
geographic area in which the
individuals involved reside and that
will assist in eliminating or reducing
the extent of behaviors described in
such paragraph.
[(3) In providing contracts and cooperative
agreements under paragraph (1), the Secretary may not
provide more than 1 such contract or agreement with
respect to any geographic area.
[(4) Subject to the availability of amounts made
available in appropriations Acts for the fiscal year
involved, the duration of a contract or cooperative
agreement under paragraph (1) shall be for a period of
3 years, except that the Secretary may terminate such
financial assistance if the Secretary determines that
the entity involved has substantially failed to comply
with the agreements required as a condition of the
provision of the assistance.
[(c) Study and Report on Number of Abandoned Infants and
Young Children.--
[(1) The Secretary shall conduct a study for the
purpose of determining--
[(A) an estimate of the number of infants and
young children abandoned in hospitals in the
United States and the number of such infants
and young children who are infants and young
children described in section 101(b); and
[(B) an estimate of the annual costs incurred
by the Federal Government and by State and
local governments in providing housing and care
for such infants and young children.
[(2) Not later than April 1, 1992, the Secretary
shall complete the study required in paragraph (1) and
submit to the Congress a report describing the findings
made as a result of the study.
[(d) Study and Report on Effective Care Methods.--
[(1) The Secretary shall conduct a study for the
purpose of determining the most effective methods for
responding to the needs of abandoned infants and young
children.
[(2) The Secretary shall, not later than April 1,
1991, complete the study required in paragraph (1) and
submit to the Congress a report describing the findings
made as a result of the study.
[SEC. 103. DEFINITIONS.
[For purposes of this title:
[(1) The terms ``abandoned'' and ``abandonment'',
with respect to infants and young children, mean that
the infants and young children are medically cleared
for discharge from acute-care hospital settings, but
remain hospitalized because of a lack of appropriate
out-of-hospital placement alternatives.
[(2) The term ``dangerous drug'' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
[(3) The term ``natural family'' shall be broadly
interpreted to include natural parents, grandparents,
family members, guardians, children residing in the
household, and individuals residing in the household on
a continuing basis who are in a care-giving situation
with respect to infants and young children covered
under this Act.]
SEC. 224. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
(a) Evaluations of Local Programs.--The Secretary shall,
directly or through contracts with public and nonprofit private
entities, provide for evaluations of projects carried out under
section 101 and for the dissemination of information developed
as a result of such projects.
(b) Study and Report on Number of Abandoned Infants and Young
Children.--
(1) In general.--The Secretary shall conduct a study
for the purpose of determining--
(A) an estimate of the annual number of
infants and young children relinquished,
abandoned, or found dead in the United States
and the number of such infants and young
children who are infants and young children
described in section 223(b);
(B) an estimate of the annual number of
infants and young children who are victims of
homicide;
(C) characteristics and demographics of
parents who have abandoned an infant within 1
year of the infant's birth; and
(D) an estimate of the annual costs incurred
by the Federal Government and by State and
local governments in providing housing and care
for abandoned infants and young children.
(2) Deadline.--Not later than 36 months after the
date of the enactment of the Keeping Children and
Families Safe Act of 2002, the Secretary shall complete
the study required under paragraph (1) and submit to
the Congress a report describing the findings made as a
result of the study.
(c) Evaluation.--The Secretary shall evaluate and report on
effective methods of intervening before the abandonment of an
infant or young child so as to prevent such abandonments, and
effective methods for responding to the needs of abandoned
infants and young children.
SEC. 225. DEFINITIONS.
For purposes of this subtitle:
(1) The terms ``abandoned'' and ``abandonment'', with
respect to infants and young children, mean that the
infants and young children are medically cleared for
discharge from acute-care hospital settings, but remain
hospitalized because of a lack of appropriate out-of-
hospital placement alternatives.
(2) The term ``acquired immune deficiency syndrome''
includes infection with the etiologic agent for such
syndrome, any condition indicating that an individual
is infected with such etiologic agent, and any
condition arising from such etiologic agent.
(3) The term ``dangerous drug'' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
(4) The term ``natural family'' shall be broadly
interpreted to include natural parents, grandparents,
family members, guardians, children residing in the
household, and individuals residing in the household on
a continuing basis who are in a care-giving situation
with respect to infants and young children covered
under this subtitle.
(5) The term ``Secretary'' means the Secretary of
Health and Human Services.
SEC. [104.] 226. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--
[(1) For the purpose of carrying out this title
(other than section 102(b)), there are authorized to be
appropriated $35,000,000 for fiscal year 1997 and such
sums as may be necessary for each of the fiscal years
1998 through 2001.
[(2)(A) Of the amounts appropriated under paragraph
(1) for any fiscal year in excess of the amount
appropriated under this subsection for fiscal year
1991, as adjusted in accordance with subparagraph (B),
the Secretary shall make available not less than 50
percent for grants under section 101(a) to carry out
projects described in paragraph (8) of such section.
[(B) For purposes of subparagraph (A), the amount
relating to fiscal year 1991 shall be adjusted for a
fiscal year to a greater amount to the extent necessary
to reflect the percentage increase in the consumer
price index for all urban consumers (U.S. city average)
for the 12-month period ending with March of the
preceding fiscal year.
[(3) Not more than 5 percent of the amounts
appropriate under paragraph (1) for any fiscal year may
be obligated for carrying out section 102(a).
[(b) Dissemination of Information for Individuals With
Special Needs.--For the purpose of carrying out section 102(b),
there is authorized to be appropriated $5,000,000 for each of
the fiscal years 1992 through 1995.]
(a) In General.--
(1) Authorization.--For the purpose of carrying out
this subtitle, there are authorized to be appropriated
$45,000,000 for fiscal year 2003 and such sums as may
be necessary for fiscal years 2004 through 2007.
(2) Limitation.--Not more than 5 percent of the
amounts appropriate under paragraph (1) for any fiscal
year may be obligated for carrying out section 224(a).
[(c)] (b) Administrative Expenses.--
(1) Authorization.--For the purpose of the
administration of [this title] this subtitle by the
Secretary, there is authorized to be appropriated for
each fiscal year specified in subsection (a)(1) an
amount equal to 5 percent of the amount authorized in
such subsection to be appropriated for the fiscal year.
With respect to the amounts appropriated under such
subsection, the preceding sentence may not be construed
to prohibit the expenditure of the amounts for the
purpose described in such sentence.
(2) Limitation.--The Secretary may not obligate any
of the amounts appropriated under paragraph (1) for a
fiscal year unless, from the amounts appropriated under
subsection (a)(1) for the fiscal year, the Secretary
has obligated for the purpose described in such
paragraph an amount equal to the amounts obligated by
the Secretary for such purpose in [fiscal year 1991.]
fiscal year 2002.
[(d)] (c) Availability of Funds.--Amounts appropriated under
this section shall remain available until expended.
[TITLE II--MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED IMMUNE
DEFICIENCY SYNDROME
[SEC. 201. STUDY AND REPORT ON ASSISTANCE.
[(a) Study.--The Secretary shall conduct a study for the
purpose of--
[(1) determining cost-effective methods for providing
assistance to individuals for the medical costs of
treatment of conditions arising from infection with the
etiologic agent for acquired immune deficiency
syndrome, including determining the feasibility of
risk-pool health insurance for individuals at risk of
such infection;
[(2) determining the extent to which Federal payments
under title XIX of the Social Security Act are being
expended for medical costs described in paragraph (1);
and
[(3) providing an estimate of the extent to which
such Federal payments will be expended for such medical
costs during the 5-year period beginning on the date of
the enactment of this Act.
[(b) Report.--The Secretary shall, not later than 12 months
after the date of the enactment of this Act, complete the study
required in subsection (a) and submit to the Committee on
Energy and Commerce of the House of Representatives, and to the
Committee on Labor and Human Resources of the Senate, a report
describing the findings made as a result of the study.
[TITLE III--GENERAL PROVISIONS
[SEC. 301. DEFINITIONS.
[For purposes of this Act:
[(1) The term ``acquired immune deficiency syndrome''
includes infection with the etiologic agent for such
syndrome, any condition indicating that an individual
is infected with such etiologic agent, and any
condition arising from such etiologic agent.
[(2) The term ``Secretary'' means the Secretary of
Health and Human Services.]
----------
SECTION 421 OF THE DOMESTIC VOLUNTEER SERVICE ACT OF 1973
DEFINITIONS
Sec. 421. For the purposes of this Act--
(1) * * *
* * * * * * *
(7) the term ``boarder baby'' means an infant
described in [section 103 of the Abandoned Infants
Assistance Act of 1988 (Public Law 100-505; 42 U.S.C.
670 note);] section 225(1) of the Abandoned Infants
Assistance Act of 2002;
* * * * * * *
----------
FAMILY VIOLENCE PREVENTION AND SERVICES ACT
* * * * * * *
DECLARATION OF PURPOSE
Sec. 302. It is the purpose of this title to--
(1) [demonstrate the effectiveness of assisting]
assist States in efforts to increase public awareness
about and prevent family violence and to provide
immediate shelter and related assistance for victims of
family violence and their dependents; and
* * * * * * *
STATE DEMONSTRATION GRANTS AUTHORIZED
Sec. 303. (a)(1) * * *
(2) No grant may be made under this subsection unless the
chief executive officer of the State seeking such grant submits
an application to the Secretary at such time and in such manner
as the Secretary may reasonably require. Each such application
shall--
(A) * * *
(B) provide, with respect to funds provided to a
State under this subsection for any fiscal year, that--
(i) not more than [5] 2 percent of such funds
will be used for State administrative costs;
and
* * * * * * *
(C) set forth procedures designed to involve [State
domestic violence coalitions knowledgeable individuals
and interested organizations] State domestic violence
coalitions, knowledgeable individuals, and interested
organizations and assure an equitable distribution of
grants and grant funds within the State and between
urban and rural areas within such State and a plan to
address the needs of underserved populations, including
populations underserved because of ethnic, racial,
cultural, language diversity or geographic isolation;
* * * * * * *
(F) provide documentation to the Secretary that the
State has a law or procedure that has been implemented
for the eviction of an abusing spouse from a share
household; and
* * * * * * *
(4) Upon completion of the activities funded by a grant under
this subpart, the State grantee shall file a performance report
with the Director explaining the activities carried out
together with an assessment of the effectiveness of those
activities in achieving the purposes of this subpart. A section
of this performance report shall be completed by each grantee
or subgrantee that performed the direct services contemplated
in the application certifying performance of direct services
under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes
other than those set forth under this subpart, after following
the procedures set forth in paragraph (3). Federal funds may be
used only to supplement, not supplant, State funds.
(b)(1) The Secretary, from amounts appropriated to carry out
this section, shall make available not less than 10 percent of
such amounts to make grants to Indian tribes, tribal
organizations and nonprofit private organizations approved by
an Indian Tribe for the operation of a family violence shelter
on a Reservation for projects designed to prevent family
violence and to provide immediate shelter and related
assistance for victims of family violence and their dependents.
Not more than 2 percent of amounts made available for a fiscal
year to make grants under the preceding sentence may be used
for administrative costs with respect to such grants.
* * * * * * *
Secretarial responsibilities
Sec. 305. (a) * * *
(b) The Secretary shall--
(1) * * *
(2)(A) [provide for research, and into] provide for
research into the most effective prevention,
identification, and treatment thereof (such as research
into (i) the effectiveness of reducing repeated
incidents of family violence through a variety of
sentencing alternatives, such as incarceration, fines,
and counseling programs, individually or in
combination, and through the use of civil protection
orders removing the abuser from the family household,
(ii) the necessity and impact of a mandatory reporting
requirement relating to incidents of family violence,
particularly abuse of elderly persons), (iii) the
effectiveness of providing safety and support to
maternal and child victims of family violence as a way
to eliminate the abuse experienced by children in such
situations, (iv) identification of intervention
approaches to child abuse prevention services which
appear to be successful in preventing child abuse where
both mother and child are abused, (v) effective and
appropriate treatment services for children where both
mother and child are abused, and (vi) the individual
and situational factors leading to the end of violent
and abusive behavior by persons who commit acts of
family violence, including such factors as history of
previous violence and the legal and service
interventions received, and (B) make a complete study
and investigation (in consultation with the National
Institute on Aging) of the national incidence of abuse,
neglect, and exploitation of elderly persons, including
a determination of the extent to which incidents of
such abuse, neglect, and exploitation are increasing in
number or severity; and
* * * * * * *
EVALUATION
Sec. 306. [Not later than two years after the date on which
funds are obligated under section 303(a) for the first time
after the date of the enactment of this title, and every two
years thereafter,] Every two years the Secretary shall review,
evaluate, and report to the appropriate Committees of the
Congress, as to the effectiveness of the programs administered
and operated pursuant to this title, particularly in relation
to repeated incidents of family violence. Such report shall
also include a summary of the documentation provided to the
Secretary under section 303(a)(2)(B) through 303(a)(2)(F).
* * * * * * *
SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
(a) * * *
* * * * * * *
[(g) Regulations.--Not later than 90 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days
after such date of enactment, the Secretary shall publish final
regulations.]
* * * * * * *
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out this title $175,000,000 for each of fiscal years 2001
through 2005.]
(a) In General.--There are authorized to be appropriated to
carry out this title $175,000,000 for each of the fiscal years
2003 through 2007.
* * * * * * *
SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
(a) In General.--The Secretary shall award grants for the
funding of State domestic violence coalitions. Such coalitions
shall further the purposes of domestic violence intervention
and prevention through activities, including--
(1) * * *
(2) working with judicial and law enforcement
agencies to encourage appropriate responses to domestic
violence cases and examine issues including--
(A) * * *
* * * * * * *
(K) the use of training and technical
assistance to law enforcement, judges, court
officers and [other criminal justice
professionals,;] other criminal justice
professionals;
* * * * * * *
(3) work with [family law judges,,] family law
judges, criminal court judges, Child Protective
Services agencies, and children's advocates to develop
appropriate responses to child custody and visitation
issues in domestic violence cases as well as cases
where domestic violence and child abuse are both
present, including--
(A) the inappropriateness of mutual
protection orders;
* * * * * * *
(D) the use of training and technical
assistance for family law judges, criminal
court judges, and court personnel;
* * * * * * *
(H) the implementation of [supervised
visitations that do not endanger victims and
their children] supervised visitations or
denial of visitation to protect against danger
to victims or their children; and
* * * * * * *
[(g) Authorization of Appropriations.--There are authorized
to be appropriated to be used to award grants under this
section $8,000,000 for fiscal year 1992, and such sums as may
be necessary for each of the fiscal years 1993 through 1995.
[(h) Regulations.--Not later than 90 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days
after such date of enactment, the Secretary shall publish final
regulations implementing this section.]
(g) Funding.--Of the amount appropriated pursuant to the
authorization of appropriations under section 310(a) for a
fiscal year, not less than 10 percent of such amount shall be
made available to award grants under this section.
* * * * * * *
Sec. 313. The Secretary shall, directly or by grant or
contract--
(1) develop data [on the individual develop data] on
the number of victims of family violence and their
dependents who are homeless or institutionalized as a
result of the violence and abuse they have experienced;
* * * * * * *
SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE
INTERVENTION.
(a) * * *
(b) Designation as Model State.--To be designated as a model
State under subsection (a), a State shall have in effect--
(1) * * *
* * * * * * *
(3) statewide prosecution policies that--
(A) authorize and encourage prosecutors to
pursue cases where a criminal case can be
proved, including proceeding without the active
involvement of the victim if necessary; [and]
* * * * * * *
SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) * * *
(b) Duration.--[A grant]
(1) In general.--Except as provided in paragraph (2),
a grant under this section may extend over a period of
not more than 5 years.
(2) Extension.--The Secretary may extend the duration
of a grant under this section beyond the period
described in paragraph (1) if, prior to such
extension--
(A) the entity prepares and submits to the
Secretary a report that evaluates the
effectiveness of the use of amounts received
under the grant for the period described in
paragraph (1) and contains any other
information as the Secretary may prescribe; and
(B) the report and other appropriate criteria
indicate that the entity is successfully
operating the hotline in accordance with
subsection (a).
* * * * * * *
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section $2,000,000 for
each of [fiscal years 2001 through 2005] fiscal years
2003 through 2007.
* * * * * * *
SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) * * *
* * * * * * *
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $6,000,000 for
each of fiscal years 2001 through 2005.
[(i) Regulations.--Not later than 60 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days
after the date of enactment, the Secretary shall publish final
regulations implementing this section.]
(h) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $6,000,000 for each
of the fiscal years 2003 through 2007.
SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.
(a) * * *
* * * * * * *
(d) Reports.--
(1) * * *
(2) Report to congress.--The Secretary shall annually
prepare and submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the
Judiciary of the Senate a report that contains a
compilation of the information contained in reports
submitted under paragraph (1).
* * * * * * *
(f ) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $25,000,000 for
[fiscal year 2001] each of the fiscal years 2003 through 2007.
ADDITIONAL MINORITY VIEWS
Protecting children from harm
When asked about the balance between protecting children
and protecting ``parents' rights'' in a Subcommittee hearing on
October 17, 2001. Assistant Secretary of HHS, Wade Horn,
responded that a delicate balance was necessary and that within
the context of CAPTA, ``the balance was adequate.''
Despite Dr. Horn's expressed satisfaction on this issue,
the Majority insisted on pursuing the matter within CAPTA
reauthorization. Based on individual case studies, the Majority
seems to believe that child protective systems routinely and
aggressively personnel ignore ``parental rights'' in
investigating potential cases of child abuse of neglect.
However, evidence for this assertion is lacking.
Moreover, the Minority is greatly concerned that more child
abuse and child deaths could result with inappropriate emphasis
on protecting the ``rights'' of parents over the rights of
children not to be abused, neglected or murdered. The Minority
believes that improved caseworker training and oversight is
critically important to the safety of our country's children
and the well-being of our country's families, and that the
appropriate way to address the Majority's concerns is through
more resources for training and case management of child
protective service personnel rather than prescriptive
declarations from the federal government about what caseworkers
should or should not say in their investigations of child abuse
and neglect. The Minority believes greater emphasis should be
placed on supporting best practices to ensure the safety of
children and promote collaboration between the child protective
services and the families where appropriate from the beginning
of the investigation through treatment.
In an effort to negotiate a bipartisan bill, the Minority
worked with the Majority to develop language that might address
the Majority's wishes without compromising the safety of
children. The result of the complicated and contentious
negotiations was an agreement on a provision which requires
states to have policies and procedures that require social
workers, at the initial time of contact, to advise an
individual who are the subject to a child abuse and neglect
investigation, of the complaints or allegations made against
them. The agreed upon goal of this provision is for caseworkers
to inform individuals being investigated for child maltreatment
of the types of allegation being made.
Child protective service personnel are currently trained to
disclose whether a parent (for example) is suspected of
physical abuse versus sexual abuse versus neglect. The agreed
upon provisions clarifies existing practice. However, the
Minority firmly opposes broader or more prescriptive
interpretation of this provision. We believe that federally
legislating prescriptive restrictions on what these personnel
are allowed to say or do during investigations could greatly
compromise the rights and safety of children. It was not the
intent of Minority, nor was it the agreed upon intent of the
Majority, for this provision to lead to caseworkers revealing
information that could advertently or inadvertently provide
identifying information that may reveal the source of such
allegation or compromise the investigation. And importantly,
the Minority would like to emphasize that this provision does
not require or suggest that caseworkers should or must convey
any information that could compromise the safety of the child.
We believe that the Majority's report on the
reauthorization of CAPTA overemphasizes the extent to which
parental rights are violated or inappropriately treated within
the child protective system, misrepresents the frequency in
which this happens and the extent empirical evidence on this
issue, goes beyond the agreed upon intent within our
negotiations, and thus does not represent the Minority's views.
We know of no valid, scientifically sound studies and no data
to suggest widespread inappropriately ``aggressive''
investigations by child protective services personnel. In fact,
discussions with practitioners and recognized experts in the
field of child welfare contradict the claim that parental
rights are frequently violated by child protective service
systems. In sum, we believe the views expressed in the report's
``Protecting Individual Rights'' section go beyond the agreed
upon intent of the relevant provisions ion CAPTA, distort what
is known about this issue, defy model professional practice,
and could potentially detrimentally tip the balance, referred
to by Dr. Horn, in a manner that would lead to greater harm to
children.
Improving child protective services for children with disabilities and
health problems
There are approximately three million reports of child
abuse every year. Of these 3 million, 1 million are
substantiated. It is estimated that children with disabilities
are almost four times more likely to be victims of abuse and
neglect than children without disabilities. A 1993 study by the
Office of Child Abuse and Neglect found that 36 percent of the
substantiated cases of child maltreatment, or about 300,000
children, caused disabilities in those children. Near-fatal
child maltreatment leaves 18,000 children permanently disabled
each year. Identification and treatment of the medical,
development and mental health problems of children have been
shown to decrease the amount of time a child spends in out of
home placement and increase chances for a stable living
situation. Unfortunately, less than half of the children who
are abused or neglected receive any services at all.
To address these gaps in service, the bill requires the
state child welfare system to develop policies and procedures
involving abused or neglected children under the age of 3 to be
referred to the statewide early intervention system funded
under Part C of the Individuals with Disabilities Education
Act. Such policies and procedures will ensure that abused
children can access the early intervention services and
supports for which they are eligible. Such services will help
these children learn, grow and thus enter school ready to
learn.
Related to this issue is the importance of health
screenings and treatment for children who are victims of child
abuse and neglect. Children in the child welfare system are at
higher risk for health problems than other children for a
variety of reasons, including risks for child maltreatment are
also risks of child health problems and because child abuse
often causes disabilities. Appropriate health and development
evaluations and treatment can greatly influence healthy child
development and can affect treatment and family preservation,
such as preventing the need for out-of-home placements. A 1995
GAO study concluded that systemic and direct service barriers
prevent many children in the welfare system from receiving
adequate health care. H.R. 3989 takes many steps to help states
address this problem and improveservices for victims of child
abuse and neglect by promoting linkages between child protection and
health care (including mental health) agencies.
Improving the child protective service system (CPS) infrastructure
H.R. 3839 recognizes that CAPTA can fill an important role
in the federal response to protecting children and preventing
child maltreatment. To this end, H.R. 3839 adds to the
permitted uses of the basic state grants to enable states to
improve their CPS systems, through CAPTA grant support, in a
variety of activities essential to a responsive, efficient and
appropriate protective service system. In addition to the
purposes for basic state grants in current law which address
CPS improvements, H.R. 3839 allows CAPTA funds to be available
to address the following issues:
CPS staffing: to improve upon the supervision of casework
in CPS; to enhance the recruitment and retention of child
protection workers; and to promote training for child
protective service work.
Case management: to promote on-going case monitoring and
service delivery; to enhance the ability to assess cases; to
improve upon the management of case information; and to help
states develop better databases for information.
Linkages: to promote partnerships between CPS and private,
community-based services; and to develop connections with
health, education and juvenile justice services to better serve
abused and neglected children.
Public education: to improve upon the public's
understanding about the role and responsibilities of CPS; and
to inform the public about appropriate reporting of suspected
incidents of child maltreatment.
Our nation's current system of protecting children is
heavily weighted toward protecting children who have been so
seriously maltreated they are no longer safe at home and must
be placed in foster care or adoptive homes. These are children
whose safety is in danger; they demand our immediate attention.
Unfortunately, far less attention is directed at preventing
harm to these children from happening in the first place, or
providing the appropriate services and treatment needed by
families and children victimized by abuse or neglect. Through
the changes made by H.R. 3839, CAPTA can serve to assist in the
improvement of the CPS infrastructure. Through the CAPTA basic
state grant program, the federal government has the opportunity
to step up to a leadership role in providing support for the
CPS system infrastructure and to begin to rectify the imbalance
in the federal government's response to the abuse and neglect
of children.
George Miller.
Tim Roemer.
Robert Andrews.
Major Owens.
Betty McCollum.
Rush Holt.
Hilda Solis.
Ron Kind.
Patsy Mink.
Reuben Hinojosa.
Donald Payne.
Lynn Woolsey.
David Wu.
Dale Kildee.
Carolyn McCarthy.
Dennis Kucinich.
John Tierney.
Bobby Scott.