[House Report 108-26]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-26
======================================================================
KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003
_______
March 6, 2003.--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. 14]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 14) to amend the Child Abuse Prevention
and Treatment Act to make improvements to and reauthorize
programs under that Act, and for other purposes, having
considered the same, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping Children and
Families Safe Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Findings.
Subtitle A--General Program
Sec. 111. National Clearinghouse for Information Relating to Child
Abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Miscellaneous Requirements Relating to Assistance.
Sec. 116. Authorization of appropriations.
Sec. 117. Reports.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource
programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.
Subtitle C--Conforming Amendments
Sec. 141. Conforming amendments.
TITLE II--ADOPTION OPPORTUNITIES
Sec. 201. Congressional findings and declaration of purpose.
Sec. 202. Information and services.
Sec. 203. Study of adoption placements.
Sec. 204. Studies on successful adoptions.
Sec. 205. Authorization of appropriations.
TITLE III--ABANDONED INFANTS ASSISTANCE
Sec. 301. Findings.
Sec. 302. Establishment of local programs.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Sec. 401. State demonstration grants.
Sec. 402. Secretarial responsibilities.
Sec. 403. Evaluation.
Sec. 404. Information and technical assistance centers.
Sec. 405. Authorization of appropriations.
Sec. 406. Grants for State domestic violence coalitions.
Sec. 407. Evaluation and monitoring.
Sec. 408. Family member abuse information and documentation project.
Sec. 409. Model State leadership grants.
Sec. 410. National domestic violence hotline grant.
Sec. 411. Youth education and domestic violence.
Sec. 412. Demonstration grants for community initiatives.
Sec. 413. Transitional housing assistance.
Sec. 414. Technical and conforming amendments.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000'' and
inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form of
maltreatment; and
``(B) investigations have determined that approximately 63
percent of children who were victims of maltreatment in 2000
suffered neglect, 19 percent suffered physical abuse, 10
percent suffered sexual abuse, and 8 percent suffered emotional
maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2000, an estimated 1,200 children were counted by
child protection services to have died as a result of abuse or
neglect; and
``(C) children younger than 1 year old comprised 44 percent
of child abuse fatalities and 85 percent of child abuse
fatalities were younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment;
``(B) slightly less than half of these children (45 percent
in 2000) and their families fail to receive adequate protection
or treatment; and
``(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in 2000, as
a result of an investigation or assessment conducted by the
child protective services agency, received no services;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking
``organizations'' and inserting ``community-based
organizations'';
(B) in subparagraph (D), by striking ``ensures'' and
all that follows through ``knowledge,'' and inserting
``recognizes the need for properly trained staff with
the qualifications needed''; and
(C) in subparagraph (E), by inserting before the
semicolon the following: ``, which may impact child
rearing patterns, while at the same time, not allowing
those differences to enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking ``this
national child and family emergency'' and inserting ``child
abuse and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting
``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.
Subtitle A--General Program
SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Functions.--Section 103(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all
effective programs, including private and community-based
programs, that show promise of success with respect to the
prevention, assessment, identification, and treatment of child
abuse and neglect and hold the potential for broad scale
implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting a
semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used for
achieving improvements in child protective systems;''; and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that may
include an evaluation or identification of--
``(A) various methods and procedures for the
investigation, assessment, and prosecution of child
physical and sexual abuse cases;
``(B) ways to mitigate psychological trauma to the
child victim; and
``(C) effective programs carried out by the States
under this Act; and
``(5) collect and disseminate information relating to various
training resources available at the State and local level to--
``(A) individuals who are engaged, or who intend to
engage, in the prevention, identification, and
treatment of child abuse and neglect; and
``(B) appropriate State and local officials to assist
in training law enforcement, legal, judicial, medical,
mental health, education, and child welfare
personnel.''.
(b) Coordination With Available Resources.--Section 103(c)(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)) is
amended--
(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(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. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.
(a) Research.--Section 104(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), in the
first sentence, by inserting ``, including longitudinal
research,'' after ``interdisciplinary program of
research''; and
(B) in subparagraph (B), by inserting 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) in subparagraph (D)--
(i) in clause (viii), by striking ``and'' at
the end;
(ii) by redesignating clause (ix) as clause
(x); and
(iii) by inserting after clause (viii), the
following:
``(ix) the incidence and prevalence of child
maltreatment by a wide array of demographic
characteristics such as age, sex, race, family
structure, household relationship (including
the living arrangement of the resident parent
and family size), school enrollment and
education attainment, disability, grandparents
as caregivers, labor force status, work status
in previous year, and income in previous year;
and'';
(E) by redesignating subparagraph (D) as subparagraph
(I); and
(F) by inserting after subparagraph (C), 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;
``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of
low income children who need health services, including
mental health services;
``(H) the information on the national incidence of
child abuse and neglect specified in clauses (i)
through (x) of subparagraph (I); and'';
(2) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) Not later than 2 years after the date of
enactment of the Keeping Children and Families Safe Act
of 2003, and every 2 years thereafter, the Secretary
shall provide an opportunity for public comment
concerning the priorities proposed under subparagraph
(A) and maintain an official record of such public
comment.'';
(3) by redesignating paragraph (2) as paragraph (4);
(4) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on the
national incidence of child abuse and neglect, including the
information on the national incidence on child abuse and
neglect specified in clauses (i) through (x) of paragraph
(1)(I).
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate a report that contains the results of the research
conducted under paragraph (2).''.
(b) Provision of Technical Assistance.--Section 104(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``nonprofit private agencies and''
and inserting ``private agencies and community-based'';
and
(B) by inserting ``, including replicating successful
program models,'' after ``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 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.''.
(c) Demonstration Programs and Projects.--Section 104 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by
adding at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary may award
grants to, and enter into contracts with, States or public or private
agencies or organizations (or combinations of such agencies or
organizations) for time-limited, demonstration projects for the
following:
``(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary may
award grants under this subsection to entities to assist such
entities in establishing and operating safe, family-friendly
physical environments--
``(A) for court-ordered, supervised visitation
between children and abusing parents; and
``(B) to safely facilitate the exchange of children
for visits with noncustodial parents in cases of
domestic violence.
``(2) Education identification, prevention, and treatment.--
The Secretary may award grants under this subsection to
entities for projects that provide educational identification,
prevention, and treatment services in cooperation with
preschool and elementary and secondary schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects
that provide for the development of research-based risk and
safety assessment tools relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve research-based
innovative training for mandated child abuse and neglect
reporters.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(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 the subsection heading, by striking ``Demonstration''
and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts
with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``law,
education, social work, and other relevant fields'' and
inserting ``law enforcement, judiciary, social work and
child protection, education, and other relevant fields,
or individuals such as court appointed special
advocates (CASAs) and guardian ad litem,'';
(B) in subparagraph (B), by striking ``nonprofit''
and all that follows through ``; and'' and inserting
``children, youth and family service organizations in
order to prevent child abuse and neglect;'';
(C) in subparagraph (C), by striking the period and
inserting a semicolon;
(D) 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;
``(F) for the training of personnel regarding the
legal duties of such personnel and their
responsibilities to protect the legal rights of
children and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and
local health care agencies, alcohol and drug abuse
prevention and treatment agencies, mental health
agencies, and other public and private welfare agencies
to promote child safety, permanence, and family
stability;
``(I) for cross training for child protective service
workers in research-based methods for recognizing
situations of substance abuse, domestic violence, and
neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to
disabled infants with life-threatening conditions for--
``(i) professionals and paraprofessional
personnel concerned with the welfare of
disabled infants with life-threatening
conditions, including personnel employed in
child protective services programs and health
care facilities; and
``(ii) the parents of such infants.'';
(4) by redesignating paragraph (2) and (3) as paragraphs (3)
and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants
under this subsection to public and private agencies that
demonstrate innovation in responding to reports of child abuse
and neglect, including programs of collaborative partnerships
between the State child protective services agency, community
social service agencies and family support programs, law
enforcement agencies, developmental disability agencies,
substance abuse treatment entities, health care entities,
domestic violence prevention entities, mental health service
entities, schools, churches and synagogues, and other community
agencies, to allow for the establishment of a triage system
that--
``(A) accepts, screens, and assesses reports received
to determine which such reports require an intensive
intervention and which require voluntary referral to
another agency, program, or project;
``(B) provides, either directly or through referral,
a variety of community-linked services to assist
families in preventing child abuse and neglect; and
``(C) provides further investigation and intensive
intervention where the child's safety is in
jeopardy.'';
(6) in paragraph (3) (as so redesignated), by striking
``(such as Parents Anonymous)'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph designation and
heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinship care.--'' and
inserting the following:
``(4) Kinship care.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies and
public health, mental health, and developmental disabilities
agencies.--The Secretary may award grants to entities that
provide linkages between State or local child protective
service agencies and public health, mental health, and
developmental disabilities agencies, for the purpose of
establishing linkages that are designed to help assure that a
greater number of substantiated victims of child maltreatment
have their physical health, mental health, and developmental
needs appropriately diagnosed and treated.''.
(b) Discretionary Grants.--Section 105(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively;
(3) by inserting after paragraph (2) (as so redesignated),
the following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a
report of maltreatment has been substantiated.''; and
(4) in paragraph (4)(D), by striking ``nonprofit''.
(c) Evaluation.--Section 105(c) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the Secretary
shall make available technical assistance for the evaluation,
where needed, including the use of a rigorous application of
scientific evaluation techniques.''.
(d) Technical Amendment to Heading.--The section heading for section
105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106) is
amended to read as follows:
``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.''.
SEC. 114. 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), by striking ``improving'' and all that
follows through ``referral systems'' and inserting
``developing, improving, and implementing risk and safety
assessment tools and protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and
neglect from intake through final disposition and allow
interstate and intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including training regarding research-based
practices to promote collaboration with the families and the
legal duties of such individuals'';
(7) by inserting after paragraph (6) (as so redesignated) the
following:
``(7) improving the skills, qualifications, and availability
of individuals providing services to children and families, and
the supervisors of such individuals, through the child
protection system, including improvements in the recruitment
and retention of caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating research-based training
protocols for individuals mandated to report child abuse or
neglect;
``(10) developing, implementing, or operating programs to
assist in obtaining or coordinating necessary services for
families of disabled infants with life-threatening conditions,
including--
``(A) existing social and health services;
``(B) financial assistance; and
``(C) services necessary to facilitate adoptive
placement of any such infants who have been
relinquished for adoption;
``(11) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';
(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon; and
(10) 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 provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or
neglected, including supporting prompt, comprehensive health
and developmental evaluations for children who are the subject
of substantiated child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5106a(b)) is amended--
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the
Secretary of any substantive changes'' and
inserting the following: ``provide notice to
the Secretary--
``(i) of any substantive changes'';
(ii) by striking the period and inserting ``;
and''; and
(iii) 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.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii),
(iv), (v), (vi), (vii), (viii), (ix), (x),
(xi), (xii), and (xiii) as clauses (iii), (v),
(vi), (vii), (ix), (x), (xi), (xii), (xiii),
(xiv), (xv) and (xvi), respectively;
(ii) 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;'';
(iii) in clause (iii) (as so redesignated),
by inserting ``risk and'' before ``safety'';
(iv) by inserting after clause (iii) (as so
redesignated), the following:
``(iv) triage procedures for the appropriate
referral of a child not at risk of imminent
harm to a community organization or voluntary
preventive service;'';
(v) in clause (vii)(II) (as so redesignated),
by striking ``, having a need for such
information in order to carry out its
responsibilities under law to protect children
from abuse and neglect'' and inserting ``, as
described in clause (viii)'';
(vi) by inserting after clause (vii) (as so
redesignated), the following:
``(viii) 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;'';
(vii) in clause (xii) (as so redesignated)--
(I) by inserting ``who has received
training appropriate to the role, and''
after ``guardian ad litem,''; and
(II) by inserting ``who has received
training appropriate to that role''
after ``advocate'';
(viii) in clause (xiv) (as so redesignated),
by striking ``to be effective not later than 2
years after the date of the enactment of this
section'';
(ix) in clause (xv) (as so redesignated)--
(I) by striking ``to be effective not
later than 2 years after the date of
the enactment of this section''; and
(II) by striking ``and'' at the end;
(x) in clause (xvi) (as so redesignated), by
striking ``clause (xii)'' each place that such
appears and inserting ``clause (xv)''; and
(xi) by adding at the end the following:
``(xvii) 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;
``(xviii) provisions addressing the training
of representatives of the child protective
services system regarding the legal duties of
the representatives, which may consist of
various methods of informing such
representatives of such duties, in order to
protect the legal rights and safety of children
and families from the initial time of contact
during investigation through treatment;
``(xix) provisions and procedures for
improving the training, retention, and
supervision of caseworkers;
``(xx) 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; and
``(xxi) not later than 2 years after the date
of enactment of the Keeping Children and
Families Safe Act of 2003, provisions and
procedures for requiring criminal background
record checks for prospective foster and
adoptive parents and other adult relatives and
non-relatives residing in the household;''; and
(C) in paragraph (2), by adding at the end the
following flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse and
neglect except that such policies shall, at a minimum, ensure
the safety and well-being of the child, parents, and family.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment 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.--Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures''
and inserting ``, procedures, and
practices''; and
(II) by striking ``the agencies'' and
inserting ``State and local child
protection system agencies''; and
(ii) in clause (iii)(I), by striking
``State'' and inserting ``State and local'';
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)--
(A) by striking ``public'' and inserting ``State and
the public''; and
(B) by inserting before the period the following:
``and recommendations to improve the child protection
services system at the State and local levels. Not
later than 6 months after the date on which a report is
submitted by the panel to the State, the appropriate
State agency shall submit a written response to the
State and local child protection systems that describes
whether or how the State will incorporate the
recommendations of such panel (where appropriate) to
make measurable progress in improving the State and
local child protective system''.
(d) Annual State Data Reports.--Section 106(d) of the Child Abuse
Prevention and Treatment 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 who are transferred into the custody of
the State juvenile justice system.''.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to Congress a report that describes the extent to which States
are implementing the policies and procedures required under section
106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act.
SEC. 115. 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. 116. 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 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2008.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) is amended--
(1) by striking ``Secretary make'' and inserting ``Secretary
shall make''; and
(2) by striking ``section 106'' and inserting ``section
104''.
SEC. 117. 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 of the effectiveness of the citizen review panels
established under section 106(c).
``(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act of
2003, the Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report that contains the results of the study
conducted under paragraph (1).''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
SEC. 121. 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 to read as follows:
``(1) to support community-based efforts to develop, operate,
expand, enhance, and, where appropriate to network, initiatives
aimed at the prevention of child abuse and neglect, and to
support networks of coordinated resources and activities to
better strengthen and support families to reduce the likelihood
of child abuse and neglect; and''.
(b) Authority.--Section 201(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``Statewide'' and all that follows through the
dash, and inserting ``community-based and prevention-
focused programs and activities designed to prevent
child abuse and neglect (through networks where
appropriate) that are accessible, effective, culturally
appropriate, and build upon existing strengths
that--'';
(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; and
``(H) provide referrals to early health and
developmental services;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds''
after ``maximizing funding'';
(B) by striking ``a Statewide network of community-
based, prevention-focused'' and inserting ``community-
based and prevention-focused''; and
(C) by striking ``family resource and support
program'' and inserting ``programs and activities
designed to prevent child abuse and neglect (through
networks where appropriate)''.
(c) Technical Amendment to Title Heading.--Title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended by
striking the heading for such title and inserting the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 122. 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 ``a Statewide network of
community-based, prevention-focused'' and
inserting ``community-based and prevention-
focused''; and
(ii) by striking ``family resource and
support programs'' and all that follows through
the semicolon and inserting ``programs and
activities designed to prevent child abuse and
neglect (through networks where appropriate);''
(B) in subparagraph (B), by inserting ``that exists
to strengthen and support families to prevent child
abuse and neglect'' after ``written authority of the
State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse
and neglect (through networks where appropriate)'';
(B) in subparagraph (B)--
(i) by striking ``to the network''; and
(ii) by inserting ``, and parents with
disabilities'' before the semicolon;
(C) in subparagraph (C), by striking ``to the
network''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide
network of community-based, prevention-focused, family
resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)'';
(B) in subparagraph (B), by striking ``Statewide
network of community-based, prevention-focused, family
resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)'';
(C) in subparagraph (C), by striking ``and training
and technical assistance, to the Statewide network of
community-based, prevention-focused, family resource
and support programs'' and inserting ``training,
technical assistance, and evaluation assistance, to
community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)''; and
(D) in subparagraph (D), by inserting ``, parents
with disabilities,'' after ``children with
disabilities''.
SEC. 123. 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. 124. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5115c) is repealed.
SEC. 125. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based,
prevention-focused, family resource and support
programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent
child abuse and neglect (through networks where
appropriate)''; and
(B) by striking ``, including those funded by
programs consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:
``(3) a description of the inventory of current unmet needs
and current community-based and prevention-focused programs and
activities to prevent child abuse and neglect, and other family
resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to prevent
child abuse and neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``start up, maintenance,
expansion, and redesign of community-based and prevention-
focused programs and activities designed to prevent child abuse
and neglect'';
(6) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to prevent child abuse
and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting
``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).
SEC. 126. 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), by striking
``prevention-focused, family resource and support programs''
and inserting ``and prevention-focused programs and activities
designed to prevent child abuse and neglect'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) 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'';
(ii) in clause (iii), by striking ``and'' at
the end; and
(iii) by adding at the end the following:
``(v) respite care;
``(vi) home visiting; and
``(vii) family support services;''; and
(B) in subparagraph (B), by inserting ``voluntary
home visiting and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and prevention-
focused programs and activities to prevent child abuse and
neglect in the development, operation and expansion of networks
where appropriate.''.
SEC. 127. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4),
(A) by inserting ``and parents with disabilities,''
after ``children with disabilities,''; and
(B) by striking ``evaluation of'' the first place it
appears and all that follows through ``under this
title'' and inserting ``evaluation of community-based
and prevention-focused programs and activities to
prevent child abuse and neglect, and in the design,
operation and evaluation of the networks of such
community-based and prevention-focused programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to prevent
child abuse and neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to prevent
child abuse and neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect''.
SEC. 128. 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 by striking ``Statewide networks of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and neglect''.
SEC. 129. 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) or `infant or
toddler with a disability' in section 632(5)''.
(b) Community-Based and Prevention-Focused Programs and Activities to
Prevent Child Abuse and Neglect.--Section 209 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h) is amended--
(1) by striking paragraphs (3) and (4);
(2) by inserting the following after paragraph (2):
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and activities
to prevent child abuse and neglect' includes organizations such
as family resource programs, family support programs, voluntary
home visiting programs, respite care programs, parenting
education, mutual support programs, and other community
programs that provide activities that are designed to prevent
or respond to child abuse and neglect.''; and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 130. 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 2004 and such sums as may be necessary for
each of the fiscal years 2005 through 2008.''.
Subtitle C--Conforming Amendments
SEC. 141. CONFORMING AMENDMENTS.
The table of contents of the Child Abuse Prevention and Treatment
Act, as contained in section 1(b) of such Act (42 U.S.C. 5101 note), is
amended as follows:
(1) By striking the item relating to section 105 and
inserting the following:
``Sec. 105. Grants to States and public or private agencies and
organizations.''.
(2) By striking the item relating to title II and inserting
the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
(3) By striking the item relating to section 204.
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and
inserting the following:
``(1) the number of children in substitute care has increased
by nearly 24 percent since 1994, as our Nation's foster care
population included more than 565,000 as of September of 2001;
``(2) children entering foster care have complex problems
that require intensive services, with many such children having
special needs because they are born to mothers who did not
receive prenatal care, are born with life threatening
conditions or disabilities, are born addicted to alcohol or
other drugs, or have been exposed to infection with the
etiologic agent for the human immunodeficiency virus;
``(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9),
and (10) as paragraphs (4), (5), (6), (7), and (8)
respectively; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``, including geographic barriers,'' after
``barriers''; and
(B) in paragraph (2), by striking ``a national'' and
inserting ``an Internet-based national''.
SEC. 202. 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)--
(A) by inserting ``Required Activities.--'' after
``(b)'';
(B) in paragraph (1), by striking ``nonprofit'' each
place that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the nature,
scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place
that such appears; and
(ii) by striking the period at the end and
inserting ``; and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private
licensed child welfare or adoption agencies) for the
implementation of programs that are intended to increase the
number of older children (who are in foster care and with the
goal of adoption) placed in adoptive families, with a special
emphasis on child-specific recruitment strategies, including--
``(A) outreach, public education, or media campaigns
to inform the public of the needs and numbers of older
youth available for adoption;
``(B) training of personnel in the special needs of
older youth and the successful strategies of child-
focused, child-specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(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 realigning the margins of
subparagraphs (A) through (G) accordingly;
(ii) in subparagraph (F), by striking ``and''
at the end;
(iii) in subparagraph (G), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and
inserting the following:
``(d) Improving Placement Rate of Children in Foster Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting
the following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting
the following:
``(B) Technical and other assistance.--The
Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses (i)
and (ii) accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting the
following:
``(B) Reversion of unused funds.--Any payment''; and
(6) by adding at the end the following:
``(e) Elimination of Barriers to Adoptions Across Jurisdictional
Boundaries.--
``(1) In general.--The Secretary shall award grants to, or
enter into contracts with, States, local government entities,
public or private child welfare or adoption agencies, adoption
exchanges, or adoption family groups to carry out initiatives
to improve efforts to eliminate barriers to placing children
for adoption across jurisdictional boundaries.
``(2) Services to supplement not supplant.--Services provided
under grants made under this subsection shall supplement, not
supplant, services provided using any other funds made
available for the same general purposes including--
``(A) developing a uniform homestudy standard and
protocol for acceptance of homestudies between States
and jurisdictions;
``(B) developing models of financing cross-
jurisdictional placements;
``(C) expanding the capacity of all adoption
exchanges to serve increasing numbers of children;
``(D) developing training materials and training
social workers on preparing and moving children across
State lines; and
``(E) developing and supporting initiative models for
networking among agencies, adoption exchanges, and
parent support groups across jurisdictional
boundaries.''.
SEC. 203. STUDY OF ADOPTION PLACEMENTS.
Section 204 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The'';
(2) by striking ``of this Act'' and inserting ``of the
Keeping Children and Families Safe Act of 2003'';
(3) by striking ``to determine the nature'' and inserting
``to determine--
``(1) the nature'';
(4) by striking ``which are not licensed'' and all that
follows through ``entity''; and
(5) by adding at the end the following:
``(2) how interstate placements are being financed across
State lines;
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.
SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.
Section 204 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5114) is amended by adding at the end the
following:
``(b) Dynamics of Successful Adoption.--The Secretary shall conduct
research (directly or by grant to, or contract with, public or private
nonprofit research agencies or organizations) about adoption outcomes
and the factors affecting those outcomes. The Secretary shall submit a
report containing the results of such research to the appropriate
committees of the Congress not later than the date that is 36 months
after the date of the enactment of the Keeping Children and Families
Safe Act of 2003.
``(c) Interjurisdictional Adoption.--Not later than 1 year after the
date of the enactment of the Keeping Children and Families Safe Act of
2003, the Secretary, in consultation with the Comptroller General,
shall submit to the appropriate committees of the Congress a report
that contains recommendations for an action plan to facilitate the
interjurisdictional adoption of foster children.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as
follows:
``(a) There are authorized to be appropriated $40,000,000 for fiscal
year 2004 and such sums as may be necessary for fiscal years 2005
through 2008 to carry out programs and activities authorized under this
subtitle.''.
TITLE III--ABANDONED INFANTS ASSISTANCE
SEC. 301. 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 (11);
(8) by redesignating paragraphs (2), (3), (4), (5), (8), (9),
and (10) as paragraphs (1) through (7), respectively; and
(9) by adding at the end the following:
``(8) 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.''.
SEC. 302. 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 striking subsection (b) and inserting the following:
``(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. 303. 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
deceased 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
2003, 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. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
Act, there are authorized to be appropriated $45,000,000 for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2008.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 224(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``Authorization.--
'' after ``(1)''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after
``(2)''; and
(ii) by striking ``fiscal year 1991.'' and
inserting ``fiscal year 2003.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 305. DEFINITIONS
Section 103 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
``SEC. 103. DEFINITIONS.
``For purposes of this Act:
``(1) The terms `abandoned' and `abandonment', with respect
to infants and young children, mean that the infants and young
children are medically cleared for discharge from acute-care
hospital settings, but remain hospitalized because of a lack of
appropriate out-of-hospital placement alternatives.
``(2) The term `acquired immune deficiency syndrome' includes
infection with the etiologic agent for such syndrome, any
condition indicating that an individual is infected with such
etiologic agent, and any condition arising from such etiologic
agent.
``(3) The term `dangerous drug' means a controlled substance,
as defined in section 102 of the Controlled Substances Act.
``(4) The term `natural family' shall be broadly interpreted
to include natural parents, grandparents, family members,
guardians, children residing in the household, and individuals
residing in the household on a continuing basis who are in a
care-giving situation with respect to infants and young
children covered under this subtitle.
``(5) The term `Secretary' means the Secretary of Health and
Human Services.''.
TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
SEC. 401. STATE DEMONSTRATION GRANTS.
(a) Underserved Populations.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by striking ``underserved populations,'' and all that follows
and inserting the following: ``underserved populations, as defined in
section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of such Act (42 U.S.C. 10402(a)) is
amended by adding at the end the following:
``(5) Upon completion of the activities funded by a grant under this
title, the State grantee shall submit to the Secretary a report that
contains a description of the activities carried out under paragraph
(2)(B)(i).''.
SEC. 402. SECRETARIAL RESPONSIBILITIES.
Section 305(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
SEC. 403. 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 2
years,''.
SEC. 404. 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. 405. 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 2004 through
2008.''.
(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. 406. 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. 407. EVALUATION AND MONITORING.
Section 312 of the Family Violence Prevention and Services Act (42
U.S.C. 10412) is amended by adding at the end the following:
``(c) Of the amount appropriated under section 310(a) for each fiscal
year, not more than 2.5 percent shall be used by the Secretary for
evaluation, monitoring, and other administrative costs under this
title.''.
SEC. 408. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT.
Section 313 of the Family Violence Prevention and Services Act (42
U.S.C. 10413) is repealed.
SEC. 409. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services Act (42
U.S.C. 10415) is repealed.
SEC. 410. 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 2004 through 2008''.
SEC. 411. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services Act (42
U.S.C. 10417) is repealed.
SEC. 412. 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 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418) is
amended by striking subsection (i).
SEC. 413. 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 2004 through 2008''.
SEC. 414. 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)--
(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 aligning the margins of paragraph (4) with the
margins of paragraph (3).
(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''.
PURPOSE
The purpose of H.R. 14, the Keeping Children and Families
Safe Act of 2003, 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
before it occurs, 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
During the 107th Congress, the Subcommittee on Select
Education held two hearings in Washington, D.C. 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 January 7, 2003, Representative Pete Hoekstra (R-MI)
introduced H.R. 14, the Keeping Children and Families Safe Act
of 2003. H.R. 14 reauthorizes and makes amendments to CAPTA,
the Adoption Opportunities program, the Abandoned Infants Act,
and FVPSA. Two similar bills were introduced and passed by the
House during the 107th Congress: H.R. 3839 and H.R. 5601. The
House was unable to reach agreement with the Senate HELP
Committee's bill, S. 2998. H.R. 14 reflects provisions in
agreement with H.R. 3839 and S. 2998 (which was reflected in
H.R. 5601), and includes 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 Committee on Education and the Workforce considered
H.R. 14 in legislative session on February 13, 2003 during
which two amendments were considered and adopted by voice vote.
The Committee on Education and the Workforce, with the majority
of the Committee present, favorably reported H.R. 14, as
amended, to the House of Representatives by voice vote on
February 13, 2003. The following is a description of the
amendments adopted to H.R. 14 during full Committee
consideration:
Representative Hoekstra (R-MI) offered an
amendment in the Nature of a Substitute to clarify that
states, where permitted by state law, that conduct
child abuse and neglect proceedings in open court do so
in a manner that considers the safety and well-being of
the child, parents and family and to slightly increase
the amount of funding (from 2 percent to 2.5 percent)
that the Secretary of HHS may use for evaluation,
monitoring and other administrative costs for programs
under FVPSA.
Representative Andrews (D-NJ) offered an
amendment (for Representative Davis (D-CA)) 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.
SUMMARY
Title I--Child Abuse Prevention and Related Programs
SUBTITLE A--GENERAL PROGRAM
Subtitle A of H.R. 14 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 alcohol
or drug exposure; requires states to conduct criminal
background checks for prospective foster and adoptive parents
and other adult relatives and non-relatives residing in a
household; 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 is currently being
funded under the Continuing Resolution and Discretionary Grants
received $26 million for FY 2002 and is currently being funded
by the Continuing Resolution. The bill authorizes Title I at
$120 million for FY 2004 and such sums for FY 2005 through
2008.
SUBTITLE B--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS
Subtitle B of H.R. 14 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 and are currently
being funded under the Continuing Resolution. The bill
authorizes $80 million for FY 2004 and such sums for FY 2005
through 2008.
SUBTITLE C--CONFORMING AMENDMENTS
Subtitle C of H.R. 14 makes conforming amendments to the
act.
Title II--Adoption Opportunities
Title II of H.R. 14 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 of successful adoptions and the
interjurisdictional adoption of foster children; encourages the
elimination of geographical barriers to adoption; and requires
the Secretary of HHS to study the nature, scope and effect of
interstate placement of children in adoptive homes by public
and private agencies and how interstate placements are being
financed across state lines.
The Adoption Opportunities program is currently authorized
at such sums. It received $27 million for FY 2002 and is
currently being funded under the Continuing Resolution. The
bill authorizes $40 million for FY 2004 and such sums for FY
2005 through 2008.
Title III--Abandoned Infants Assistance Act of 1988
Title III of H.R. 14 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
and is currently being funded under the Continuing Resolution.
The bill authorizes $45 million for FY 2004 and such sums for
FY 2005 through 2008.
Title IV--Family Violence Prevention and Services Act
Title IV of H.R. 14 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 major 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 (including Battered Women's
Shelters) 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 violence
coalitions (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. All programs are currently being funded under
the Continuing Resolution.
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 62 percent of these reports were investigated and
879,000 children were estimated to have been victims of child
abuse or neglect in 2000. Of these victims, 62.8 percent
suffered neglect, 19 percent suffered physical abuse and 10
percent were sexually abused.
Despite a slight one-year increase in the number of victims
of child abuse and neglect this rate still represents the
second-lowest level in the past decade. This increase may be
due to various factors including a more timely completion of
investigations, or a cleared backlog of investigations awaiting
dispositions. However, 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. 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. 14
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. 14 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 on Select Education
heard during the hearings on CAPTA held during the 107th
Congress 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. 14 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. 14 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 group Parents 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. 14 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. 14 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. 14 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.
H.R. 14 also encourages states to improve the training,
retention and supervision of caseworkers as an essential piece
of preventing child abuse and neglect. Best practices casework
is critical to decreasing child abuse, improving intervention
and treatment and to the overall improvement of outcomes for
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. 14 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. 14 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 and household relationship
(including the living arrangement of the resident parent),
family income, family size, school enrollment and education
attainment, disability, grandparents as caregivers, and labor
force status. 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 last Congress, 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. 14
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 into 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. 14 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. It is also not the
intent of the Committee to in any way prohibit social workers
investigating an alleged case of child maltreatment from
interviewing a child who may be the victim of such maltreatment
in a non-residence setting (such as the child's school) without
notifying the child's parents or legal guardian. The goal of
this provision is to ensure that the individuals being
investigated for alleged child maltreatment be informed of the
specific allegations made against them at the initial time of
contact by the social worker.
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. 14 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
Last Congress, 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. During consideration of H.R. 3839 (from the 107th
Congress) Congressman Jim Greenwood (R-PA) offered an amendment
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 in 2001, 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 required 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
and Full Committee by voice vote and remained in the bill (H.R.
3839) as passed by the House.
H.R. 14 again includes Congressman Greenwood's language.
The Committee wants to be clear that this 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. 14 only requires states to have
policies and procedures in place to address a plan of safe 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. 14
takes many steps to help states address this problem and
improve services for victims of child abuse and neglect by
promoting linkages between child protection and health care
(including mental health) agencies.
H.R. 14 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. 14
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.
Community-based grants for the prevention of child abuse and neglect
H.R. 14 revises the current Community-Based Family Resource
and Support Grants program under Title II to ensure that grant
funds are allocated to a wide array of community-based
organizations for the prevention of child abuse and neglect. By
removing the references to ``network'' in several places, the
Committee did not intend to alter state practices of funding
networks or de-emphasize the importance networks can play in
conducting prevention programs. The Committee also did not
intend to de-emphasize the roll that family resource and
support programs play or alter state practice by replacing the
term with ``community-based programs.'' The definition of
community-based programs and activities designed to prevent
child abuse and neglect clearly includes Family Resource
Centers and Family Support Centers, as are other community-
based organizations that may not have previously participated
in this program.
The Committee also wants to recognize the importance of
respite care and other services as positive, cost-effective
community-based child abuse and neglect prevention programs. As
such, H.R. 14 amends the local program criteria to include
respite care, home visiting and family support services as
examples of core services that may be provided in the statewide
network. By including these services in the list of core
services, the Committee intends to encourage states to consider
equally funding these optional core services. Elevating these
services to the list of core services in no way requires
community-based child abuse and neglect programs to fund these
services. It only includes them as options.
In addition, the Committee notes that concerns have been
raised that respite care is expensive, or more expensive, than
other community-based child abuse and neglect prevention
programs. However, there is no evidence to support this claim
and the Committee believes that the decision to provide respite
care (and other core services) should be left to the lead
entities of the state and local programs. Moreover, many
community and faith-based respite programs rely on qualified
trained respite volunteers, further enhancing the cost
effectiveness of this approach. As evidence shows, respite and
crisis care programs are effective prevention strategies
associated with avoiding more costly out-of-home placements,
including foster care. The Committee simply believes that state
lead entities and local programs should make these decisions
for themselves.
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. 14 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 Committee also recognizes the opportunity to call
attention to the need to eliminate continued geographic
barriers to adoption. As such, H.R. 14 includes language that
was included in last year's Senate Committee reported version
of the bill (S. 2998) to permit the Secretary of Health and
Human Services to make grants to promote the elimination of
geographic barriers to adoption, such as developing and
supporting initiatives for networking among agencies, adoption
exchanges, and parent support groups across jurisdictional
boundaries, and for the development of training materials and
to train social workers on preparing and moving children across
state lines. In addition, the bill requires HHS to study the
nature, scope and effect of interstate placement of children in
adoptive homes by public and private agencies and how
interstate placements are being financed across state lines,
and report it's findings and recommendations to the appropriate
Committees of Congress.
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. 14 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. 14 extends the authorization and makes
minor modifications to FVPSA to coordinate with the
reauthorization of CAPTA. H.R. 14 does not make changes to
VAWA. The Committee also wants to recognize the work and
efforts of the Domestic Violence Hotline. The Hotline is
charged with providing a 24 hour, toll-free telephone number
and maintaining a database of information on services available
to victims of domestic violence, including the availability of
temporary shelters. By extending the authorization for the
Domestic Violence Hotline the Committee wants to ensure the
Hotline continues to provide these essential services. 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 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 those fleeing a domestic violence situation does
not always provide enough time for victims to begin the task of
restoring order to their lives. H.R. 14 extends the
authorization for the transitional housing assistance program
through FY 2008.
SECTION-BY-SECTION ANALYSIS
Section 1. Establishes the short title of the act to be the
``Keeping Children and Families Safe Act of 2003,'' and the
table of contents.
Title I--The Child Abuse Prevention and Treatment Act
Section 101. Amends section 2 of the act to establish and
update the findings.
SUBTITLE A--GENERAL PROGRAM
Section 111. Amends section 103(b) of the act and section
103 (c)(1) of such act.
Section 112. Amends section 104(a) and section 104(b) of
the act pertaining to research and assistance activities; and
amends section 104 to establish demonstration programs and
projects.
Section 113. Amends section 105(a), (b) and (c) of the act
pertaining to grants to public agencies or private
organizations for demonstration programs and projects; and
section 105 to amend the heading.
Section 114. Amends section 106(a), (b)(1)(B), (b)(2)(A),
(2), (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 115. 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 116. Amends section 112(a)(1) and (a)(2)(B) to
extend the authorization of appropriations and make technical
corrections.
Section 117. 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.
SUBTITLE B--COMMUNITY-BASED FAMILY RESOURCES AND SUPPORT GRANTS
Section 121. Amends section 201(a)(1) and (b) of the act to
clarify the purpose and authority of community-based family
resource and support grants; and amends Title II to change the
heading.
Section 122. Amends section 202 of the act to make
technical changes regarding eligibility requirements.
Section 123. Amends section 203(b)(1)(B) of the act to make
technical changes to the formula.
Section 124. Repeals section 204 of the act.
Section 125. Amends section 205 of the act to make
technical changes pertaining to state applications.
Section 126. Amends section 206(a) of the act to make
technical changes regarding local program requirements.
Section 127. Amends section 207 of the act to make
technical changes to performance measures.
Section 128. Amends section 208(3) of the act to make
technical changes to the National Network for Community-Based
Family Resource programs.
Section 129. Amends section 209(1) and 209 (3) and (4) of
the act pertaining to definitions.
Section 130. Amends section 210 to extend the authorization
of appropriations.
SUBTITLE C--CONFORMING AMENDMENTS
Section 141. Provides for conforming amendments.
Title II--Adoption Opportunities
Section 201. Amends section 201of such act pertaining to
congressional findings and declaration of purpose.
Section 202. Amends section 203 of such act regarding
services for families adopting special needs children and
improving placement rates of children in foster care.
Section 203. Amends section 204 of such act to require a
study on adoption placements.
Section 204. Amends section 204 of such act requiring the
Secretary to conduct research on adoption outcomes and the
factors affecting those outcomes; and report on
interjurisdictional adoption of foster children.
Section 205. Amends section 205(a) of such act regarding
the authorization of appropriations under this subtitle.
Title III--Abandoned Infants Assistance Act of 1988
Section 301. Amends section 2 of such act regarding the
findings.
Section 302. Amends section 101 of such act to strike the
section heading and make changes to the priority of services.
Section 303. Amends section 102 of such act regarding
evaluations, studies and reports by the Secretary.
Section 304. Amends section 104 of such act regarding
authorization of appropriations.
Section 305. Amends section 105 of such act pertaining to
definitions.
Title IV--Family Violence Prevention and Services Act
Section 401. Amends section 303(a)(2)(c) and section 303(a)
of such act pertaining to state demonstration grants.
Section 402. Amends section 305(a) of such act pertaining
to secretarial responsibilities.
Section 403. Amends section 306 of such act to make
technical changes regarding evaluations.
Section 404. Amends section 308 of such act by striking
subsection (g).
Section 405. Amends section 310(a) and 311(g) of such act
pertaining to authorization of appropriations.
Section 406. Amends section 311 of such act by striking
subsection (h).
Section 407. Amends section 312 of such act pertaining to
evaluation and monitoring activities.
Section 408. Repeals section 313 of such act.
Section 409. Repeals section 315 of such act.
Section 410. Amends section 316(b) and (f) of such act
regarding the national domestic violence hotline grant.
Section 411. Repeals section 317 of such act.
Section 412. 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 413. Amends section 319(f) of such act to extend
the authorization of the transitional housing assistance
program.
Section 414. Amends sections 302(1), 303(a), 305(b)(2)(A),
and 311(a) to make technical and conforming amendments.
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. 14 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. 14 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. 14 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 24, 2003.
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. 14, the Keeping
Children and Families Safe Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 14--Keeping Children and Families Safe Act of 2003
Summary: Programs under the Child Abuse Prevention and
Treatment Act, the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978, and the Abandoned infants
Assistance Act of 1988 were authorized through 2001. These
programs were continued in 2002 by the 2002 Department of
Health and Human Services Appropriations Act and in 2003 by the
Consolidated Appropriations Resolution, 2003 (Public Law 108-
10). H.R. 14 would reauthorize these programs through 2008. It
also would extend authorizations through 2008 for some programs
authorized under the Family Violence Prevention and Services
Act. Most programs under that act are currently authorized
through 2005.
The bill would authorize appropriations of $312 million in
2004. CBO estimates that authorizations under H.R. 14 would
total about $2.2 billion over the 2004-2008 period, assuming
that annual levels are adjusted to keep pace with inflation
when specific annual authorizations are not provided. (Without
such inflation adjustments, the authorization total would be
about $2.1 billion over the 2004-2008 period.) CBO estimates
that appropriations of the authorized levels would result in
additional outlays of $1.4 billion over the 2004-2008 period,
if inflation adjustments are included. Enacting H.R. 14 would
not affect direct spending or receipts.
H.R. 14 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
A significant portion of the funds authorized by H.R. 14 would
be available for grants to state, local, and tribal
governments. Any costs those governments incur to fulfill
requirements of the grants would be conditions of assistance
and thus voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 14 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. 14, THE KEEPING CHILDREN
AND FAMILIES SAFE ACT OF 2003
------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------
2003 2004 2005 2006 2007 2008
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments for Inflation
Spending Under Current Law:
Budget Authority/ 263 183 183 0 0 0
Authorization Level \1\..
Estimated Outlays......... 241 241 198 164 55 17
Proposed Changes
Estimated Authorization 0 312 318 507 513 520
Level....................
Estimated Outlays......... 0 33 165 272 442 494
Spending Under H.R. 14
Estimated Authorization 263 495 501 507 513 520
Level....................
Estimated Outlays......... 241 273 362 436 498 511
Without Adjustments for Inflation
Spending Under Current Law
Budget Authority/ 263 183 183 0 0 0
Authorization Level \1\..
Estimated Outlays......... 241 241 198 164 55 17
Proposed Changes
Estimated Authorization 0 312 312 495 495 495
Level....................
Estimated Outlays......... 0 33 164 269 435 480
Spending Under H.R. 14
Estimated Authorization 263 495 495 495 495 495
Level....................
Estimated Outlays......... 241 273 362 433 490 498
------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for programs
authorized under the Child Abuse Prevention and Treatment Act, the
Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978,
the Abandoned Infants Assistance Act of 1988, and the Family Violence
Prevention and Services Act. The amounts shown for 2004 and 2005 are
current authorization levels for certain programs under the Family
Violence Prevention and Services Act.
Notes.--Components may not sum to totals because of rounding.
Basis of estimate: H.R. 14 would authorize funding through
2008 for various programs created under the Child Abuse
Prevention and Treatment Act, the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978, the Abandoned
Infants Assistance Act of 1988, and the Family Violence
Prevention Services Act. Programs authorized under the first
three acts would be reauthorized at specific levels for 2004
and for such sums as may be necessary for 2005 through 2008.
Programs authorized by the Family Violence Prevention and
Services Act, most of which are already authorized through
2005, would be extended at current levels through 2008.
H.R. 14 would authorize the appropriation of $312 million
in 2004. CBO estimates that this bill would authorize total
funding of $2.2 billion over the 2004-2008 period assuming that
``such sums'' amounts provided after 2004 are adjusted for
inflation. If the authorized amounts are appropriated, outlays
would increase by $33 million in the first year and by $1.4
billion over the five-year period.
Table 2 presents CBO's estimates with inflation adjustments
for the various components of each title under H.R. 14. The
estimated outlays reflect historical rates of spending for the
affected programs.
Title I--Child Abuse Prevention and Treatment Act
Title I of H.R. 14 would reauthorize and revise programs
currently authorized under the Child Abuse Prevention and
Treatment Act. H.R. 14 would authorize a total of $200 million
for 2004 for programs under title I. CBO estimates the total
funding for title I for the 2004-2008 period would be about $1
billion, assuming adjustments for inflation, with resulting
outlays of $619 million over those five years.
Child Abuse Prevention Programs. H.R. 14 would authorize
$120 million in 2004 for both the Child Abuse and Neglect State
Grant program and the Child Abuse Discretionary Activities
program provides formula grants to states to improve child
protection services. The discretionary activities program
awards funds to agencies for innovative programs and projects.
The two programs are funded at $56 million in 2003.
TABLE 2.--DETAILED EFFECTS OF H.R. 14, THE KEEPING CHILDREN AND FAMILIES
SAFE ACT OF 2003, WITH ADJUSTMENTS FOR INFLATION
------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------
2003 2004 2005 2006 2007 2008
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority/ 263 183 183 0 0 0
Authorization Level \1\..
Estimated Outlays......... 241 241 198 164 55 17
Proposed Changes:
Title I--Child Abuse
Prevention and Treatment
Child Abuse Prevention State
Grants and Discretionary
Activities:
Estimated Authorization 0 120 122 125 128 130
Level....................
Estimated Outlays......... 0 6 59 97 114 121
Community Based Grants:
Estimated Authorization 0 80 82 83 85 87
Level....................
Estimated Outlays......... 0 6 19 44 73 81
Subtotal, Title I:
Estimated Authorization 0 200 204 208 213 217
Level....................
Estimated Outlays......... 0 12 77 142 186 202
Title II--Adoption
Opportunities
Adoption Opportunities:
Estimated Authorization 0 40 41 42 43 33
Level....................
Estimated Outlays......... 0 2 28 37 39 41
Title III--Abandoned Infants
Assistance
Abandoned Infants Assistance:
Estimated Authorization 0 45 46 47 48 49
Level....................
Estimated Outlays......... 0 2 33 43 46 48
Administrative Expenses for
Abandoned Infants Assistance:
Estimated Authorization 0 2 2 2 2 2
Level....................
Estimated Outlays......... 0 2 2 2 2 2
Subtotal, Title III:
Estimated Authorization 0 47 48 49 50 51
Level....................
Estimated Outlays......... 0 4 36 46 49 50
Title IV--Family Violence
Prevention and Services
Family Violence Prevention and
Services-Battered Women's
Shelters: \2\
Estimated Authorization 0 0 0 175 175 175
Level....................
Estimated Outlays......... 0 0 0 21 138 168
Domestic Violence Hotline: \2\
Estimated Authorization 0 0 0 2 2 2
Level....................
Estimated Outlays......... 0 0 0 2 2 2
Demonstration Grants for
Community Initiatives: \2\
Estimated Authorization 0 0 0 6 6 6
Level....................
Estimated Outlays......... 0 0 0 1 4 5
Transitional Housing
Assistance:
Estimated Authorization 0 25 25 25 25 25
Level....................
Estimated Outlays......... 0 15 24 24 25 25
Subtotal, Title IV:
Estimated Authorization 0 25 25 208 208 208
Level....................
Estimated Outlays......... 0 15 24 48 169 200
Total Proposed Changes:
Estimated Authorization 0 312 318 507 513 520
Level....................
Estimated Outlays......... 0 33 165 272 442 494
Total Spending Under H.R. 14:
Estimated Authorization 263 495 501 507 513 520
Level....................
Estimated Outlays......... 241 273 362 436 498 511
------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for programs
authorized under the Child Abuse Prevention and Treatment Act, the
Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978,
the Abandoned Infants Assistance Act of 1988, and the Family Violence
Prevention and Services Act. The 2004 and 2005 amounts are current
authorization levels for certain programs under the Family Violence
Prevention and Services Act.
\2\ The Family Violence Prevention and Services, Domestic Violence
Hotline, and Demonstration Grants for Community Initiatives programs
are currently authorized until 2005. Table 2 shows only new
authorizations. See text for a description of authorizations.
Notes.--Components may not sum to totals because of rounding.
Community Based Grants. H.R. 14 also would authorize $80
million in 2004 and such sums as may be necessary over the
2005-2008 period for community-based and prevention focused
programs and activities designed to prevent child abuse and
neglect. The program is funded at $33 million in 2003.
Title II--Adoption Opportunities
Title II would reauthorize the Adoption Opportunities
program, currently authorized under the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978.
The bill would authorize $40 million in 2004 and such sums
as may be necessary over the 2005-2008 period for the program.
The Adoption Opportunities program provides funds to
organizations for programs that eliminate barriers to adoption
and help provide permanent homes for children, particularly
children with special needs. These activities are funded at $27
million in 2003.
Title III--Abandoned Infants Assistance
Title III would reauthorize the Abandoned Infants
Assistance program, currently authorized under the Abandoned
Infants Assistance Act of 1988.
The bill would authorize $45 million in 2004 and such sums
as may be necessary for the next four fiscal years for the
program. The Abandoned Infants Assistance program provides
funds to organizations for programs that prevent abandonment of
infants with HIV/AIDS, assist abandoned infants, and recruit
and train foster parents and health and social services
professionals. The bill also would authorize about $2 million
in each fiscal year for administrative expenses. The program is
funded at $12 million in 2003.
Title IV--Family Violence Prevention and Services Act
Title IV would authorize $25 million in 2004 and $674
million over the 2004-2008 period for four family violence
prevention programs that are currently authorized under the
Family Violence Prevention and Services Act. The Family
Violence Prevention and Services Act already authorizes most of
these appropriations through 2005, and this bill would extend
the authorizations through 2008.
Family Violence Prevention and Services/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 2008. 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 $126 million in 2003.
Domestic Violence Hotline. H.R. 14 would authorize $2
million in each of the years 2006 through 2008 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 $2.6 million in 2003.
Demonstration Grants for Community Initiatives. The bill
would extend the authorization for grants for community
initiatives through 2008. The program awards grants to
organizations to coordinate domestic violence intervention and
prevention programs in local communities. The program is
currently authorized at $6 million annually through 2005 and is
funded at $6 million in 2003.
Transitional Housing Assistance. H.R. 14 would authorize
$25 million in each of the fiscal years 2004 through 2008 for
housing assistance for victims of domestic violence. The
program was authorized at $25 million for 2001, but the program
has never been funded.
Intergovernmental and private-sector impact: H.R. 14
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize the appropriation of
$312 million in grants in 2004 ($2.2 billion over the 2004-2008
period), and a significant portion of those funds would be
available to state, local, and tribal governments. Any costs
those governments incur to fulfill requirements of the grants
would be conditions of assistance and thus voluntary.
Previous CBO estimate: On February 24, 2003, CBO
transmitted a cost estimate for S. 342, the Keeping Children
and Families Safe Act of 2003, as ordered reported by the
Senate Committee on Health, Education, Labor, and Pensions on
February 12, 2003. The two bills would authorize similar
amounts of funding.
Estimate prepared by: Federal costs: Donna Wong, impact on
State, Local, and Tribal Governments: Greg Waring, 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. 14 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 Department of
Health and Humans Services to comply with H.R. 14 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. 14. 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. 14. 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. 105. Grants to public agencies and nonprofit private organizations
for demonstration programs and projects.]
Sec. 105. Grants to States and public or private agencies and
organizations.
* * * * * * *
[TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS]
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
Sec. 201. Purpose and authority.
* * * * * * *
[Sec. 204. Existing grants.]
* * * * * * *
SEC. 2. FINDINGS.
Congress finds that--
(1) each year, [close to 1,000,000] approximately
900,000 American children are victims of abuse and
neglect;
(2)(A) more children suffer neglect than any other
form of maltreatment; and
(B) investigations have determined that approximately
63 percent of children who were victims of maltreatment
in 2000 suffered neglect, 19 percent suffered physical
abuse, 10 percent suffered sexual abuse, and 8 percent
suffered emotional maltreatment;
(3)(A) child abuse can result in the death of a
child;
(B) in 2000, an estimated 1,200 children were counted
by child protection services to have died as a result
of abuse or neglect; and
(C) children younger than 1 year old comprised 44
percent of child abuse fatalities and 85 percent of
child abuse fatalities were younger than 6 years of
age;
[(2) many of these children and their families fail
to receive adequate protection or treatment;]
(4)(A) many of these children and their families fail
to receive adequate protection and treatment;
(B) slightly less than half of these children (45
percent in 2000) and their families fail to receive
adequate protection or treatment; and
(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in
2000, as a result of an investigation or assessment
conducted by the child protective services agency,
received no services;
[(3)] (5) the problem of child abuse and neglect
requires a comprehensive approach that--
(A) integrates the work of social service,
legal, health, mental health, education, and
substance abuse agencies and [organizations]
community-based organizations;
* * * * * * *
(D) [ensures properly trained and support
staff with specialized knowledge,] recognizes
the need for properly trained staff with the
qualifications needed to carry out their child
protection duties; and
(E) is sensitive to ethnic and cultural
diversity, which may impact child rearing
patterns, while at the same time, not allowing
those differences to enable abuse;
[(4)] (6) the failure to coordinate and
comprehensively prevent and treat child abuse and
neglect threatens the futures of thousands of children
and results in a cost to the Nation of billions of
dollars in tangible expenditures, as well as
significant intangible costs;
[(5)] (7) all elements of American society have a
shared responsibility in responding to [this national
child and family emergency] child abuse and neglect;
[(6)] (8) substantial reductions in the prevalence
and incidence of child abuse and neglect and the
alleviation of its consequences are matters of the
highest national priority;
[(7)] (9) national policy should strengthen families
to prevent child abuse and neglect, provide support for
[intensive] needed services to prevent the unnecessary
removal of children from families, and promote the
reunification of families [if removal has taken place]
where appropriate;
[(8)] (10) the child protection system should be
comprehensive, child-centered, family-focused, and
community-based, should incorporate all appropriate
measures to prevent the occurrence or recurrence of
child abuse and neglect, and should promote physical
and psychological recovery and social re-integration in
an environment that fosters the health, safety, self-
respect, and dignity of the child;
[(9)] (11) because of the limited resources available
in low-income communities, Federal aid for the child
protection system should be distributed with due regard
to the relative financial need of the communities;
[(10)] (12) the Federal government should assist
States and communities with the fiscal, human, and
technical resources necessary to develop and implement
a successful and comprehensive child and family
protection strategy;
[(11)] (13) the Federal government should provide
leadership and assist communities in their child and
family protection efforts by--
(A) * * *
* * * * * * *
TITLE I--GENERAL PROGRAM
* * * * * * *
SEC. 103. 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 with respect to the prevention,
assessment, identification, and treatment of child
abuse and neglect; and] all effective programs,
including private and community-based programs, that
show promise of success with respect to the prevention,
assessment, identification, and treatment of child
abuse and neglect and hold the potential for broad
scale implementation and replication;
(2) maintain information about the best practices
used for achieving improvements in child protective
systems;
[(2)] (3) maintain and disseminate information
relating to--
(A) * * *
* * * * * * *
(C) the incidence of any such cases related
to alcohol or drug abuse[.];
(4) provide technical assistance upon request that
may include an evaluation or identification of--
(A) various methods and procedures for the
investigation, assessment, and prosecution of
child physical and sexual abuse cases;
(B) ways to mitigate psychological trauma to
the child victim; and
(C) effective programs carried out by the
States under this Act; and
(5) collect and disseminate information relating to
various training resources available at the State and
local level to--
(A) individuals who are engaged, or who
intend to engage, in the prevention,
identification, and treatment of child abuse
and neglect; and
(B) appropriate State and local officials to
assist in training law enforcement, legal,
judicial, medical, mental health, education,
and child welfare personnel.
(c) Coordination With Available Resources.--
(1) In general.--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); and] 104(a);
(F) collect and disseminate information that
describes best practices being used throughout
the Nation for making appropriate referrals
related to, and addressing, the physical,
developmental, and mental health needs of
abused and neglected children; and
[(F)] (G) solicit public comment on the
components of such clearinghouse.
* * * * * * *
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
(a) Research.--
(1) Topics.--The Secretary shall, in consultation
with other Federal agencies and recognized experts in
the field, carry out a continuing interdisciplinary
program of research, including longitudinal research,
that is designed to provide information needed to
better protect children from abuse or neglect and to
improve the well-being of abused or neglected children,
with at least a portion of such research being field
initiated. Such research program may focus on--
(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;
(G) the nature, scope, and practice of
voluntary relinquishment for foster care or
State guardianship of low income children who
need health services, including mental health
services;
(H) the information on the national incidence
of child abuse and neglect specified in clauses
(i) through (x) of subparagraph (I); and
[(D)] (I) the national incidence of child
abuse and neglect, including--
(i) * * *
* * * * * * *
(viii) the incidence and prevalence
of physical, sexual, and emotional
abuse and physical and emotional
neglect in substitute care; [and]
(ix) the incidence and prevalence of
child maltreatment by a wide array of
demographic characteristics such as
age, sex, race, family structure,
household relationship (including the
living arrangement of the resident
parent and family size), school
enrollment and education attainment,
disability, grandparents as caregivers,
labor force status, work status in
previous year, and income in previous
year; and
[(ix)] (x) the incidence and outcomes
of abuse allegations reported within
the context of divorce, custody, or
other family court proceedings, and the
interaction between this venue and the
child protective services system.
(2) Research.--The Secretary shall conduct research
on the national incidence of child abuse and neglect,
including the information on the national incidence on
child abuse and neglect specified in clauses (i)
through (x) of paragraph (1)(I).
(3) Report.--Not later than 4 years after the date of
the enactment of the Keeping Children and Families Safe
Act of 2003, the Secretary shall prepare and submit to
the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a report
that contains the results of the research conducted
under paragraph (2).
[(2)] (4) Priorities.--(A) The Secretary shall
establish research priorities for making grants or
contracts for purposes of carrying out paragraph (1).
[(B) In establishing research priorities as required
by subparagraph (A), the Secretary shall--
[(i) publish proposed priorities in the
Federal Register for public comment; and
[(ii) allow not less than 60 days for public
comment on such proposed priorities.]
(B) Not later than 2 years after the date of
enactment of the Keeping Children and Families Safe Act
of 2003, and every 2 years thereafter, the Secretary
shall provide an opportunity for public comment
concerning the priorities proposed under subparagraph
(A) and maintain an official record of such public
comment.
(b) Provision of Technical Assistance.--
(1) In general.--The Secretary shall provide
technical assistance to State and local public and
[nonprofit private agencies and] private agencies and
community-based organizations, including disability
organizations and persons who work with children with
disabilities, to assist such agencies and organizations
in planning, improving, developing, and carrying out
programs and activities, including replicating
successful program models, relating to the prevention,
assessment, identification, and treatment of child
abuse and neglect.
(2) Evaluation.--Such technical assistance may
include an evaluation or identification of--
(A) * * *
(B) ways to mitigate psychological trauma to
the child victim; [and]
(C) effective programs carried out by the
States under titles I and II[.]; and
(D) effective approaches being utilized to
link child protective service agencies with
health care, mental health care, and
developmental services to improve forensic
diagnosis and health evaluations, and barriers
and shortages to such linkages.
* * * * * * *
(e) Demonstration Programs and Projects.--The Secretary may
award grants to, and enter into contracts with, States or
public or private agencies or organizations (or combinations of
such agencies or organizations) for time-limited, demonstration
projects for the following:
(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The
Secretary may award grants under this subsection to
entities to assist such entities in establishing and
operating safe, family-friendly physical environments--
(A) for court-ordered, supervised visitation
between children and abusing parents; and
(B) to safely facilitate the exchange of
children for visits with noncustodial parents
in cases of domestic violence.
(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide
educational identification, prevention, and treatment
services in cooperation with preschool and elementary
and secondary schools.
(3) Risk and safety assessment tools.--The Secretary
may award grants under this subsection to entities for
projects that provide for the development of research-
based risk and safety assessment tools relating to
child abuse and neglect.
(4) Training.--The Secretary may award grants under
this subsection to entities for projects that involve
research-based innovative training for mandated child
abuse and neglect reporters.
[SEC. 105. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE
ORGANIZATIONS FOR DEMONSTRATION PROGRAMS AND
PROJECTS.]
SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) [Demonstration] Grants for Programs and Projects.--The
Secretary may make grants to, and enter into contracts with,
States, public agencies or private [nonprofit] agencies or
organizations (or combinations of such agencies or
organizations) for [time limited, demonstration] programs and
projects for the following purposes:
(1) Training programs.--The Secretary may award
grants to public or private nonprofit organizations
under this section--
(A) for the training of professional and
paraprofessional personnel in the fields of
medicine, [law, education, social work, and
other relevant fields] law enforcement,
judiciary, social work and child protection,
education, and other relevant fields, or
individuals such as court appointed special
advocates (CASAs) and guardian ad litem, who
are engaged in, or intend to work in, the field
of prevention, identification, and treatment of
child abuse and neglect, including the links
between domestic violence and child abuse;
(B) to improve the recruitment, selection,
and training of volunteers serving in public
and private [nonprofit children, youth and
family service organizations in order to
prevent child abuse and neglect through
collaborative analysis of current recruitment,
selection, and training programs and
development of model programs for dissemination
and replication nationally; and] children,
youth and family service organizations in order
to prevent child abuse and neglect;
(C) for the establishment of resource centers
for the purpose of providing information and
training to professionals working in the field
of child abuse and neglect[.];
(D) for training to support the enhancement
of linkages between child protective service
agencies and health care agencies, including
physical and mental health services, to improve
forensic diagnosis and health evaluations and
for innovative partnerships between child
protective service agencies and health care
agencies that offer creative approaches to
using existing Federal, State, local, and
private funding to meet the health evaluation
needs of children who have been subjects of
substantiated cases of child abuse or neglect;
(E) for the training of personnel in best
practices to promote collaboration with the
families from the initial time of contact
during the investigation through treatment;
(F) for the training of personnel regarding
the legal duties of such personnel and their
responsibilities to protect the legal rights of
children and families;
(G) for improving the training of supervisory
and nonsupervisory child welfare workers;
(H) for enabling State child welfare agencies
to coordinate the provision of services with
State and local health care agencies, alcohol
and drug abuse prevention and treatment
agencies, mental health agencies, and other
public and private welfare agencies to promote
child safety, permanence, and family stability;
(I) for cross training for child protective
service workers in research-based methods for
recognizing situations of substance abuse,
domestic violence, and neglect; and
(J) for developing, implementing, or
operating information and education programs or
training programs designed to improve the
provision of services to disabled infants with
life-threatening conditions for--
(i) professionals and
paraprofessional personnel concerned
with the welfare of disabled infants
with life-threatening conditions,
including personnel employed in child
protective services programs and health
care facilities; and
(ii) the parents of such infants.
(2) Triage procedures.--The Secretary may award
grants under this subsection to public and private
agencies that demonstrate innovation in responding to
reports of child abuse and neglect, including programs
of collaborative partnerships between the State child
protective services agency, community social service
agencies and family support programs, law enforcement
agencies, developmental disability agencies, substance
abuse treatment entities, health care entities,
domestic violence prevention entities, mental health
service entities, schools, churches and synagogues, and
other community agencies, to allow for the
establishment of a triage system that--
(A) accepts, screens, and assesses reports
received to determine which such reports
require an intensive intervention and which
require voluntary referral to another agency,
program, or project;
(B) provides, either directly or through
referral, a variety of community-linked
services to assist families in preventing child
abuse and neglect; and
(C) provides further investigation and
intensive intervention where the child's safety
is in jeopardy.
[(2)] (3) Mutual support programs.--The Secretary may
award grants to private nonprofit organizations [(such
as Parents Anonymous)] to establish or maintain a
national network of mutual support and self-help
programs as a means of strengthening families in
partnership with their communities.
[(3) Other innovative programs and projects.--
[(A) In general.--The Secretary may award
grants to public and private nonprofit agencies
that demonstrate innovation in responding to
reports of child abuse and neglect including
programs of collaborative partnerships between
the State child protective services agency,
community social service agencies and family
support programs, schools, churches and
synagogues, and other community agencies to
allow for the establishment of a triage system
that--
[(i) accepts, screens and assesses
reports received to determine which
such reports require an intensive
intervention and which require
voluntary referral to another agency,
program or project;
[(ii) provides, either directly or
through referral, a variety of
community-linked services to assist
families in preventing child abuse and
neglect; and
[(iii) provides further investigation
and intensive intervention where the
child's safety is in jeopardy.]
[(B) Kinship care.--]
(4) Kinship care.--The Secretary may award grants to
public and private [nonprofit] entities in not more
than 10 States to assist such entities in developing or
implementing procedures using adult relatives as the
preferred placement for children removed from their
home, where such relatives are determined to be capable
of providing a safe nurturing environment for the child
and where such relatives comply with the State child
protection standards.
[(C) Promotion of safe, family-friendly
physical environments for visitation and
exchange.--The Secretary may award grants to
entities to assist such entities in
establishing and operating safe, family-
friendly physical environments--
[(i) for court-ordered supervised
visitation between children and abusing
parents; and
[(ii) to safely facilitate the
exchange of children for visits with
noncustodian parents in cases of
domestic violence.]
(5) Linkages between child protective service
agencies and public health, mental health, and
developmental disabilities agencies.--The Secretary may
award grants to entities that provide linkages between
State or local child protective service agencies and
public health, mental health, and developmental
disabilities agencies, for the purpose of establishing
linkages that are designed to help assure that a
greater number of substantiated victims of child
maltreatment have their physical health, mental health,
and developmental needs appropriately diagnosed and
treated.
(b) Discretionary Grants.--In addition to grants or contracts
made under subsection (b), grants or contracts under this
section may be used for the following:
[(1) Projects which provide educational
identification, prevention, and treatment services in
cooperation with preschool and elementary and secondary
schools.]
[(2)] (1) Respite and crisis nursery programs
provided by community-based organizations under the
direction and supervision of hospitals.
[(3)] (2) Respite and crisis nursery programs
provided by community-based organizations.
(3) Programs based within children's hospitals or
other pediatric and adolescent care facilities, that
provide model approaches for improving medical
diagnosis of child abuse and neglect and for health
evaluations of children for whom a report of
maltreatment has been substantiated.
(4)(A) * * *
* * * * * * *
(D) For purposes of this paragraph, a qualified
grantee is a [nonprofit] acute care hospital that--
(i) * * *
* * * * * * *
(c) Evaluation.--In making grants for [demonstration]
projects under this section, the Secretary shall require all
such projects to be evaluated for their effectiveness. Funding
for such evaluations shall be provided either as a stated
percentage of a demonstration grant or as a separate grant or
contract entered into by the Secretary for the purpose of
evaluating a particular demonstration project or group of
projects. In the case of an evaluation performed by the
recipient of a grant, the Secretary shall make available
technical assistance for the evaluation, where needed,
including the use of a rigorous application of scientific
evaluation techniques.
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
(a) Development and Operation Grants.--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 systems that support the program
and track reports of child abuse and neglect from
intake through final disposition and information
referral systems] developing, improving, and
implementing risk and safety assessment tools and
protocols;
(5) developing and updating systems of technology
that support the program and track reports of child
abuse and neglect from intake through final disposition
and allow interstate and intrastate information
exchange;
[(5)] (6) developing, strengthening, and facilitating
training [opportunities and requirements for
individuals overseeing and providing services to
children and their families through the child
protection system] including training regarding
research-based practices to promote collaboration with
the families and the legal duties of such individuals;
(7) improving the skills, qualifications, and
availability of individuals providing services to
children and families, and the supervisors of such
individuals, through the child protection system,
including improvements in the recruitment and retention
of caseworkers;
[(6)] (8) developing and facilitating training
protocols for individuals mandated to report child
abuse or neglect;
[(7) developing, strengthening, and supporting child
abuse and neglect prevention, treatment, and research
programs in the public and private sectors;]
[(8) developing, implementing, or operating--
[(A) information and education programs or
training programs designed to improve the
provision of services to disabled infants with
life-threatening conditions for--
[(i) professional and
paraprofessional personnel concerned
with the welfare of disabled infants
with life-threatening conditions,
including personnel employed in child
protective services programs and
health-care facilities; and
[(ii) the parents of such infants;
and
[(B) programs to assist in obtaining or
coordinating necessary services for families of
disabled infants with life-threatening
conditions, including--
[(i) existing social and health
services;
[(ii) financial assistance; and
[(iii) services necessary to
facilitate adoptive placement of any
such infants who have been relinquished
for adoption; or]
(9) developing and facilitating research-based
training protocols for individuals mandated to report
child abuse or neglect;
(10) developing, implementing, or operating programs
to assist in obtaining or coordinating necessary
services for families of disabled infants with life-
threatening conditions, including--
(A) existing social and health services;
(B) financial assistance; and
(C) services necessary to facilitate adoptive
placement of any such infants who have been
relinquished for adoption;
(11) developing and delivering information to improve
public education relating to the role and
responsibilities of the child protection system and the
nature and basis for reporting suspected incidents of
child abuse and neglect;
[(9)] (12) developing and enhancing the capacity of
community-based programs to integrate shared leadership
strategies between parents and professionals to prevent
and treat child abuse and neglect at the neighborhood
level[.];
(13) supporting and enhancing interagency
collaboration between the child protection system and
the juvenile justice system for improved delivery of
services and treatment, including methods for
continuity of treatment plan and services as children
transition between systems; or
(14) supporting and enhancing collaboration among
public health agencies, the child protection system,
and private community-based programs to provide child
abuse and neglect prevention and treatment services
(including linkages with education systems) and to
address the health needs, including mental health
needs, of children identified as abused or neglected,
including supporting prompt, comprehensive health and
developmental evaluations for children who are the
subject of substantiated child maltreatment reports.
(b) Eligibility Requirements.--
(1) State plan.--
(A) * * *
(B) Additional requirement.--After the
submission of the initial grant application
under subparagraph (A), the State shall
[provide notice to the Secretary of any
substantive changes] provide notice to the
Secretary--
(i) of any substantive changes to any
State law relating to the prevention of
child abuse and neglect that may affect
the eligibility of the State under this
section[.]; and
(ii) 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, 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, risk and safety
assessment, and prompt investigation of
such reports;
(iv) triage procedures for the
appropriate referral of a child not at
risk of imminent harm to a community
organization or voluntary preventive
service;
[(iii)] (v) 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)] (vi) provisions for immunity
from prosecution under State and local
laws and regulations for individuals
making good faith reports of suspected
or known instances of child abuse or
neglect;
[(v)] (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
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 (viii);
* * * * * * *
(viii) provisions to require a State
to disclose confidential information to
any Federal, State, or local government
entity, or any agent of such entity,
that has a need for such information in
order to carry out its responsibilities
under law to protect children from
abuse and neglect;
[(vi)] (ix) 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)] (x) 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)] (xi) 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)] (xii) provisions and
procedures requiring that in every case
involving an abused or neglected child
which results in a judicial proceeding,
a guardian ad litem, who has received
training appropriate to the role, and
who may be an attorney or a court
appointed special advocate who has
received training appropriate to that
role (or both), shall be appointed to
represent the child in such
proceedings--
(I) * * *
* * * * * * *
[(x)] (xiii) the establishment of
citizen review panels in accordance
with subsection (c);
[(xi)] (xiv) provisions, procedures,
and mechanisms [to be effective not
later than 2 years after the date of
the enactment of this section]--
(I) * * *
* * * * * * *
[(xii)] (xv) 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)] (xvi) an assurance that,
upon the implementation by the State of
the provisions, procedures, and
mechanisms under clause [(xii)] (xv),
conviction of any one of the felonies
listed in clause [(xii)] (xv)
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);
(xvii) 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;
(xviii) provisions addressing the
training of representatives of the
child protective services system
regarding the legal duties of the
representatives, which may consist of
various methods of informing such
representatives of such duties, in
order to protect the legal rights and
safety of children and families from
the initial time of contact during
investigation through treatment;
(xix) provisions and procedures for
improving the training, retention, and
supervision of caseworkers;
(xx) 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; and
(xxi) not later than 2 years after
the date of enactment of the Keeping
Children and Families Safe Act of 2003,
provisions and procedures for requiring
criminal background record checks for
prospective foster and adoptive parents
and other adult relatives and non-
relatives residing in the household;
Nothing in subparagraph (A) shall be construed to limit
the State's flexibility to determine State policies
relating to public access to court proceedings to
determine child abuse and neglect except that such
policies shall, at a minimum, ensure the safety and
well-being of the child, parents, and family.
(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], procedures, and
practices of State and local agencies and where
appropriate, specific cases, evaluate the
extent to which [the agencies] State and local
child protection system agencies are
effectively discharging their child protection
responsibilities in accordance with--
(i) * * *
* * * * * * *
(iii) any other criteria that the
panel considers important to ensure the
protection of children, including--
(I) a review of the extent to
which the State and local child
protective services system is
coordinated with the foster
care and adoption programs
established under part E of
title IV of the Social Security
Act; and
* * * * * * *
(C) Public outreach.--Each panel shall
provide for public outreach and comment in
order to assess the impact of current
procedures and practices upon children and
families in the community and in order to meet
its obligations under subparagraph (A).
* * * * * * *
(6) Reports.--Each panel established under paragraph
(1) shall prepare and make available to the State and
the public, on an annual basis, a report containing a
summary of the activities of the panel and
recommendations to improve the child protection
services system at the State and local levels. Not
later than 6 months after the date on which a report is
submitted by the panel to the State, the appropriate
State agency shall submit a written response to the
State and local child protection systems that describes
whether or how the State will incorporate the
recommendations of such panel (where appropriate) to
make measurable progress in improving the State and
local child protective system.
(d) Annual State Data Reports.--Each State to which a grant
is made under this section shall annually work with the
Secretary to provide, to the maximum extent practicable, a
report that includes the following:
(1) * * *
* * * * * * *
(13) The annual report containing the summary of the
activities of the citizen review panels of the State
required by subsection (c)(6).
(14) The number of children under the care of the
State child protection system who are transferred into
the custody of the State juvenile justice system.
* * * * * * *
SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
(a) * * *
* * * * * * *
(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. 110. REPORTS.
(a) * * *
* * * * * * *
(c) Study and Report Relating to Citizen Review Panels.--
(1) Study.--The Secretary shall conduct a study by
random sample of the effectiveness of the citizen
review panels established under section 106(c).
(2) Report.--Not later than 3 years after the date of
enactment of the Keeping Children and Families Safe Act
of 2003, the Secretary shall submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that
contains the results of the study conducted under
paragraph (1).
* * * * * * *
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
[(1) General authorization.--There are authorized to
be appropriated to carry out this title, $100,000,000
for fiscal year 1997, and such sums as may be necessary
for each of the fiscal years 1998 through 2001.]
(1) General authorization.--There are authorized to
be appropriated to carry out this title $120,000,000
for fiscal year 2004 and such sums as may be necessary
for each of the fiscal years 2005 through 2008.
(2) Discretionary activities.--
(A) * * *
(B) Demonstration projects.--Of the amounts
made available for a fiscal year under
subparagraph (A), the Secretary shall make
available not more than 40 percent of such
amounts to carry out section [106] 104.
* * * * * * *
[TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS]
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
SEC. 201. PURPOSE AND AUTHORITY.
(a) Purpose.--It is the purpose of this title--
[(1) to support State efforts to develop, operate,
expand and enhance a network of community-based,
prevention-focused, family resource and support
programs that coordinate resources among existing
education, vocational rehabilitation, disability,
respite care, health, mental health, job readiness,
self-sufficiency, child and family development,
community action, Head Start, child care, child abuse
and neglect prevention, juvenile justice, domestic
violence prevention and intervention, housing, and
other human service organizations within the State;
and]
(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to
network, initiatives aimed at the prevention of child
abuse and neglect, and to support networks of
coordinated resources and activities to better
strengthen and support families to reduce the
likelihood of child abuse and neglect; and
* * * * * * *
(b) Authority.--The Secretary shall make grants under this
title on a formula basis to the entity designated by the State
as the lead entity (hereafter referred to in this title as the
``lead entity'') under section 202(1) for the purpose of--
(1) developing, operating, expanding and enhancing
[Statewide networks of community-based, prevention-
focused, family resource and support programs that--]
community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect
(through networks where appropriate) that are
accessible, effective, culturally appropriate, and
build upon existing strengths that--
(A) * * *
* * * * * * *
(F) support the additional needs of families
with children with disabilities through respite
care and other services; [and]
[(G) decrease the risk of homelessness;]
(G) demonstrate a commitment to meaningful
parent leadership, including among parents of
children with disabilities, parents with
disabilities, racial and ethnic minorities, and
members of other underrepresented or
underserved groups; and
(H) provide referrals to early health and
developmental services;
* * * * * * *
(4) maximizing funding through leveraging of funds
for the financing, planning, community mobilization,
collaboration, assessment, information and referral,
startup, training and technical assistance, information
management, reporting and evaluation costs for
establishing, operating, or expanding [a Statewide
network of community-based, prevention-focused, family
resource and support program] community-based and
prevention-focused, programs and activities designed to
prevent child abuse and neglect (through networks where
appropriate); and
* * * * * * *
SEC. 202. ELIGIBILITY.
A State shall be eligible for a grant under this title for a
fiscal year if--
(1)(A) the chief executive officer of the State has
designated a lead entity to administer funds under this
title for the purposes identified under the authority
of this title, including to develop, implement,
operate, enhance or expand [a Statewide network of
community-based, prevention-focused, family resource
and support programs, child abuse and neglect
prevention activities and access to respite care
services integrated with the Statewide network;]
community-based and prevention-focused, programs and
activities designed to prevent child abuse and neglect
(through networks where appropriate);
(B) such lead entity is an existing public, quasi-
public, or nonprofit private entity (which may be an
entity that has not been established pursuant to State
legislation, executive order, or any other written
authority of the State) that exists to strengthen and
support families to prevent child abuse and neglect
with a demonstrated ability to work with other State
and community-based agencies to provide training and
technical assistance, and that has the capacity and
commitment to ensure the meaningful involvement of
parents who are consumers and who can provide
leadership in the planning, implementation, and
evaluation of programs and policy decisions of the
applicant agency in accomplishing the desired outcomes
for such efforts;
(2) the chief executive officer of the State provides
assurances that the lead entity will provide or will be
responsible for providing--
(A) [a network of community-based family
resource and support programs] community-based
and prevention-focused programs and activities
designed to prevent child abuse and neglect
(through networks where appropriate) composed
of local, collaborative, public-private
partnerships directed by interdisciplinary
structures with balanced representation from
private and public sector members, parents, and
public and private nonprofit service providers
and individuals and organizations experienced
in working in partnership with families with
children with disabilities;
(B) direction [to the network] through an
interdisciplinary, collaborative, public-
private structure with balanced representation
from private and public sector members,
parents, and public sector and private
nonprofit sector service providers, and parents
with disabilities; and
(C) direction and oversight [to the network]
through identified goals and objectives, clear
lines of communication and accountability, the
provision of leveraged or combined funding from
Federal, State and private sources, centralized
assessment and planning activities, the
provision of training and technical assistance,
and reporting and evaluation functions; and
(3) the chief executive officer of the State provides
assurances that the lead entity--
(A) has a demonstrated commitment to parental
participation in the development, operation,
and oversight of the [Statewide network of
community-based, prevention-focused, family
resource and support programs] community-based
and prevention-focused programs and activities
to prevent child abuse and neglect (through
networks where appropriate);
(B) has a demonstrated ability to work with
State and community-based public and private
nonprofit organizations to develop a continuum
of preventive, family centered, comprehensive
services for children and families through the
[Statewide network of community-based,
prevention-focused, family resource and support
programs] community-based and prevention-
focused programs and activities to prevent
child abuse and neglect (through networks where
appropriate);
(C) has the capacity to provide operational
support (both financial and programmatic) [and
training and technical assistance, to the
Statewide network of community-based,
prevention-focused, family resource and support
programs] training, technical assistance, and
evaluation assistance, to community-based and
prevention-focused programs and activities to
prevent child abuse and neglect (through
networks where appropriate), through
innovative, interagency funding and
interdisciplinary service delivery mechanisms;
and
(D) will integrate its efforts with
individuals and organizations experienced in
working in partnership with families with
children with disabilities, parents with
disabilities, and with the child abuse and
neglect prevention activities of the State, and
demonstrate a financial commitment to those
activities.
SEC. 203. AMOUNT OF GRANT.
(a) * * *
(b) Remaining Amounts.--
(1) In general.--The Secretary shall allot the amount
appropriated under section 210 for a fiscal year and
remaining after the reservation under subsection (a)
among the States as follows:
(A) * * *
(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
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. APPLICATION.
A grant may not be made to a State under this title unless an
application therefor is submitted by the State to the Secretary
and such application contains the types of information
specified by the Secretary as essential to carrying out the
provisions of section 202, including--
(1) a description of the lead entity that will be
responsible for the administration of funds provided
under this title and the oversight of programs funded
through the [Statewide network of community-based,
prevention-focused, family resource and support
programs] community-based and prevention-focused
programs and activities to prevent child abuse and
neglect (through networks where appropriate) which
meets the requirements of section 202;
(2) a description of how the [network of community-
based, prevention-focused, family resource and support
programs] community-based and prevention-focused
programs and activities to prevent child abuse and
neglect (through networks where appropriate) will
operate and how family resource and support services
provided by public and private, nonprofit
organizations[, including those funded by programs
consolidated under this Act,] will be integrated into a
developing continuum of family centered, holistic,
preventive services for children and families;
[(3) an assurance that an inventory of current family
resource programs, respite care, child abuse and
neglect prevention activities, and other family
resource services operating in the State, and a
description of current unmet needs, will be provided;]
(3) a description of the inventory of current unmet
needs and current community-based and prevention-
focused programs and activities to prevent child abuse
and neglect, and other family resource services
operating in the State;
(4) a budget for the development, operation and
expansion of the [State's network of community-based,
prevention-focused, family resource and support
programs] community-based and prevention-focused
programs and activities designed to prevent child abuse
and neglect that verifies that the State will expend in
non-Federal funds an amount equal to not less than 20
percent of the amount received under this title (in
cash, not in-kind) for activities under this title;
(5) an assurance that funds received under this title
will supplement, not supplant, other State and local
public funds designated for the [Statewide network of
community-based, prevention-focused, family resource
and support programs] start up, maintenance, expansion,
and redesign of community-based and prevention-focused
programs and activities designed to prevent child abuse
and neglect;
* * * * * * *
(7) a description of the criteria that the entity
will use to develop, or select and fund, [individual
community-based, prevention-focused, family resource
and support programs] community-based and prevention-
focused programs and activities designed to prevent
child abuse and neglect as part of network development,
expansion or enhancement;
(8) a description of outreach activities that the
entity and the [community-based, prevention-focused,
family resource and support programs] community-based
and prevention-focused programs and activities designed
to prevent child abuse and neglect will undertake to
maximize the participation of racial and ethnic
minorities, children and adults with disabilities,
homeless families and those at risk of homelessness,
and members of other underserved or underrepresented
groups;
(9) a plan for providing operational support,
training and technical assistance to [community-based,
prevention-focused, family resource and support
programs] community-based and prevention-focused
programs and activities designed to prevent child abuse
and neglect for development, operation, expansion and
enhancement activities;
(10) a description of how the applicant entity's
activities and those of the network and its members
(where appropriate) will be evaluated;
(11) a description of the actions that the applicant
entity will take to advocate systemic changes in State
policies, practices, procedures and regulations to
improve the delivery of [prevention-focused, family
resource and support program] community-based and
prevention-focused programs and activities designed to
prevent child abuse and neglect services to children
and families; and
[(13)] (12) an assurance that the applicant entity
will provide the Secretary with reports at such time
and containing such information as the Secretary may
require.
SEC. 206. LOCAL PROGRAM REQUIREMENTS.
(a) In General.--Grants made under this title shall be used
to develop, implement, operate, expand and enhance community-
based, [prevention-focused, family resource and support
programs] and prevention-focused programs and activities
designed to prevent 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) * * *
* * * * * * *
(iii) community and social service
referrals; [and]
(iv) follow-up services;
(v) respite care;
(vi) home visiting; and
(vii) family support services;
(B) other core services, which must be
provided or arranged for through contracts or
agreements with other local agencies, including
voluntary home visiting and all forms of
respite care services to the extent
practicable; and
* * * * * * *
[(6) participate with other community-based,
prevention-focused, family resource and support program
grantees in the development, operation and expansion of
the Statewide network.]
(6) participate with other community-based and
prevention-focused programs and activities to prevent
child abuse and neglect in the development, operation
and expansion of networks where appropriate.
* * * * * * *
SEC. 207. PERFORMANCE MEASURES.
A State receiving a grant under this title, through reports
provided to the Secretary--
(1) shall demonstrate the effective development,
operation and expansion of [a Statewide network of
community-based, prevention-focused, family resource
and support programs] community-based and prevention-
focused programs and activities to prevent child abuse
and neglect that meets the requirements of this title;
* * * * * * *
[(3) shall demonstrate the establishment of new
respite care and other specific new family resources
services, and the expansion of existing services, to
address unmet needs identified by the inventory and
description of current services required under section
205(3);]
(3) shall demonstrate that they will have addressed
unmet needs identified by the inventory and description
of current services required under section 205(3);
(4) shall describe the number of families served,
including families with children with disabilities, and
parents with disabilities, and the involvement of a
diverse representation of families in the design,
operation, and [evaluation of the Statewide network of
community-based, prevention-focused, family resource
and support programs, and in the design, operation and
evaluation of the individual community-based family
resource and support programs that are part of the
Statewide network funded under this title] evaluation
of community-based and prevention-focused programs and
activities to prevent child abuse and neglect, and in
the design, operation and evaluation of the networks of
such community-based and prevention-focused programs;
(5) shall demonstrate a high level of satisfaction
among families who have used the services of the
community-based[, prevention-focused, family resource
and support programs] and prevention-focused programs
and activities designed to prevent child abuse and
neglect;
(6) shall demonstrate the establishment or
maintenance of innovative funding mechanisms, at the
State or community level, that blend Federal, State,
local and private funds, and innovative,
interdisciplinary service delivery mechanisms, for the
development, operation, expansion and enhancement of
the [Statewide network of community-based, prevention-
focused, family resource and support programs]
community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect;
* * * * * * *
(8) shall demonstrate an implementation plan to
ensure the continued leadership of parents in the on-
going planning, implementation, and evaluation of such
[community based, prevention-focused, family resource
and support programs] community-based and prevention-
focused programs and activities designed to prevent
child abuse and neglect.
SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
The Secretary may allocate such sums as may be necessary from
the amount provided under the State allotment to support the
activities of the lead entity in the State--
(1) * * *
* * * * * * *
(3) to fund a yearly symposium on State system change
efforts that result from the operation of the
[Statewide networks of community-based, prevention-
focused, family resource and support programs]
community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect;
* * * * * * *
SEC. 209. DEFINITIONS.
For purposes of this title:
(1) Children with disabilities.--The term ``children
with disabilities'' has the same meaning [given such
term in section 602(a)(2)] given the term ``child with
a disability'' in section 602(3) or ``infant or toddler
with a disability'' in section 632(5) of the
Individuals with Disabilities Education Act.
* * * * * * *
[(3) Family resource and support program.--The term
``family resource and support program'' means a
community-based, prevention-focused entity that--
[(A) provides, through direct service, the
core services required under this title,
including--
[(i) parent education, support and
leadership services, together with
services characterized by relationships
between parents and professionals that
are based on equality and respect, and
designed to assist parents in acquiring
parenting skills, learning about child
development, and responding
appropriately to the behavior of their
children;
[(ii) services to facilitate the
ability of parents to serve as
resources to one another (such as
through mutual support and parent self-
help groups);
[(iii) outreach services provided
through voluntary home visits and other
methods to assist parents in becoming
aware of and able to participate in
family resources and support program
activities;
[(iv) community and social services
to assist families in obtaining
community resources; and
[(v) follow-up services;
[(B) provides, or arranges for the provision
of, other core services through contracts or
agreements with other local agencies, including
all forms of respite care services; and
[(C) provides access to optional services,
directly or by contract, purchase of service,
or interagency agreement, including--
[(i) child care, early childhood
development and early intervention
services;
[(ii) referral to self-sufficiency
and life management skills training;
[(iii) referral to education
services, such as scholastic tutoring,
literacy training, and General
Educational Degree services;
[(iv) referral to services providing
job readiness skills;
[(v) child abuse and neglect
prevention activities;
[(vi) referral to services that
families with children with
disabilities or special needs may
require;
[(vii) community and social service
referral, including early developmental
screening of children;
[(viii) peer counseling;
[(ix) referral for substance abuse
counseling and treatment; and
[(x) help line services.
[(4) Outreach services.--The term ``outreach
services'' means services provided to assist consumers,
through voluntary home visits or other methods, in
accessing and participating in family resource and
support program activities.]
(3) Community-based and prevention-focused programs
and activities to prevent child abuse and neglect.--The
term ``community-based and prevention-focused programs
and activities to prevent child abuse and neglect''
includes organizations such as family resource
programs, family support programs, voluntary home
visiting programs, respite care programs, parenting
education, mutual support programs, and other community
programs that provide activities that are designed to
prevent or respond to child abuse and neglect.
[(5)] (4) Respite care services.--The term ``respite
care services'' means short term care services provided
in the temporary absence of the regular caregiver
(parent, other relative, foster parent, adoptive
parent, or guardian) to children who--
(A) * * *
* * * * * * *
[SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title, $66,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2001.]
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the fiscal years 2005 through 2008.
----------
CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978
* * * * * * *
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
(a) Findings.--Congress finds that--
[(1) the number of children in substitute care
increased by nearly 61 percent between 1986 and 1994,
as our Nation's foster care population included more
than 452,000 as of June 1994;
[(2) increasingly children entering foster care have
complex problems which require intensive services;
[(3) an increasing number of infants are born to
mothers who did not receive prenatal care, are born
addicted to alcohol and other drugs, and exposed to
infection with the etiologic agent for the human
immunodeficiency virus, are medically fragile, and
technology dependent;
[(4) the welfare of thousands of children in
institutions and foster homes and disabled infants with
life-threatening conditions may be in serious jeopardy
and some such children are in need of placement in
permanent, adoptive homes;]
(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our
Nation's foster care population included more than
565,000 as of September of 2001;
(2) children entering foster care have complex
problems that require intensive services, with many
such children having special needs because they are
born to mothers who did not receive prenatal care, are
born with life threatening conditions or disabilities,
are born addicted to alcohol or other drugs, or have
been exposed to infection with the etiologic agent for
the human immunodeficiency virus;
(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;
[(5)] (4) many thousands of children remain in
institutions or foster homes solely because of legal
and other barriers to their placement in permanent,
adoptive homes;
[(6) the majority of such children are of school age,
members of sibling groups or disabled;]
[(7)(A) currently, 40,000 children are free for
adoption and awaiting placement;]
(5)(A) currently, there are 131,000 children waiting
for adoption;
* * * * * * *
[(8)] (6) adoption may be the best alternative for
assuring the healthy development of such children;
[(9)] (7) there are qualified persons seeking to
adopt such children who are unable to do so because of
barriers to their placement; and
[(10)] (8) in order both to enhance the stability and
love of the child's home environment and to avoid
wasteful expenditures of public funds, such children
should not have medically indicated treatment withheld
from them nor be maintained in foster care or
institutions when adoption is appropriate and families
can be found for such children.
(b) Purpose.--It is the purpose of this title to facilitate
the elimination of barriers, including geographic barriers, to
adoption and to provide permanent and loving home environments
for children who would benefit from adoption, particularly
children with special needs, including disabled infants with
life-threatening conditions, by providing a mechanism to--
(1) * * *
(2) maintain [a national] an Internet-based national
adoption information exchange system to bring together
children who would benefit from adoption and qualified
prospective adoptive parents who are seeking such
children, and conduct national recruitment efforts in
order to reach prospective parents for children
awaiting adoption; and
* * * * * * *
[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. The Secretary shall make available
such consultant services, on-site technical assistance and
personnel, together with appropriate administrative expenses,
including salaries and travel costs, as are necessary for
carrying out such purposes, including services to facilitate
the adoption of children with special needs and particularly of
disabled infants with life-threatening conditions and services
to couples considering adoption of children with special needs.
(b) Required Activities.--In connection with carrying out the
provisions of this title, the Secretary shall--
(1) conduct (directly or by grant to or contract with
public or private [nonprofit] agencies or
organizations) an education and training program on
adoption, and prepare, publish, and disseminate
(directly or by grant to or contract with public or
private [nonprofit] agencies and organizations) to all
interested parties, public and private agencies and
organizations (including, but not limited to,
hospitals, health care and family planning clinics, and
social services agencies), and governmental bodies,
information and education and training materials
regarding adoption and adoption assistance programs;
(2) conduct, directly or by grant or contract with
public or private [nonprofit] organizations, ongoing,
extensive recruitment efforts on a national level,
develop national public awareness efforts to unite
children in need of adoption with appropriate adoptive
parents, and establish a coordinated referral system of
recruited families with appropriate State or regional
adoption resources to ensure that families are served
in a timely fashion;
(3) notwithstanding any other provision of law,
provide (directly or by grant to or contract with
public or private [nonprofit] agencies or
organizations) for (A) the operation of a national
adoption information exchange system (including only
such information as is necessary to facilitate the
adoptive placement of children, utilizing computers and
data processing methods to assist in the location of
children who would benefit by adoption and in the
placement in adoptive homes of children awaiting
adoption); and (B) the coordination of such system with
similar State and regional systems;
(4) provide (directly or by grant to or contract with
public or private [nonprofit] agencies or
organizations, including adoptive family groups and
minority groups) for the provision of technical
assistance in the planning, improving, developing, and
carrying out of programs and activities relating to
adoption, and to promote professional leadership
training of minorities in the adoption field;
* * * * * * *
(6) [study the nature, scope, and effects of] support
the placement of children in kinship care arrangements,
pre-adoptive, or adoptive homes;
(7) study the efficacy of States contracting with
public or private [nonprofit] agencies (including
community-based and other organizations), or sectarian
institutions for the recruitment of potential adoptive
and foster families and to provide assistance in the
placement of children for adoption;
* * * * * * *
(9) maintain (directly or by grant to or contract
with public or private [nonprofit] agencies or
organizations) a National Resource Center for Special
Needs Adoption to--
(A) * * *
* * * * * * *
(C) facilitate the development of
interdisciplinary approaches to meet the needs
of children who are waiting for adoption and
the needs of adoptive families; [and]
(10) provide (directly or by grant to or contract
with States, local government entities, public or
private [nonprofit] licensed child welfare or adoption
agencies or adoptive family groups and community-based
organizations with experience in working with minority
populations) for the provision of programs aimed at
increasing the number of minority children (who are in
foster care and have the goal of adoption) placed in
adoptive families, with a special emphasis on
recruitment of minority families--
(A) which may include such activities as--
(i) * * *
* * * * * * *
(vi) training of personnel of--
(I) public agencies;
(II) private [nonprofit]
child welfare and adoption
agencies that are licensed by
the State; and
* * * * * * *
(B) shall be subject to the condition that
such grants or contracts may be renewed if
documentation is provided to the Secretary
demonstrating that appropriate and sufficient
placements of such children have occurred
during the previous funding period[.]; and
(11) provide (directly or by grant to or contract
with States, local government entities, or public or
private licensed child welfare or adoption agencies)
for the implementation of programs that are intended to
increase the number of older children (who are in
foster care and with the goal of adoption) placed in
adoptive families, with a special emphasis on child-
specific recruitment strategies, including--
(A) outreach, public education, or media
campaigns to inform the public of the needs and
numbers of older youth available for adoption;
(B) training of personnel in the special
needs of older youth and the successful
strategies of child-focused, child-specific
recruitment efforts; and
(C) recruitment of prospective families for
such children.
[(c)(1) The Secretary]
(c) Services for Families Adopting Special Needs Children.--
(1) In general.--The Secretary shall provide
(directly or by grant to or contract with States, local
government entities, public or private [nonprofit]
licensed child welfare or adoption agencies or adoptive
family groups) for the provision of post legal adoption
services for families who have adopted special needs
children.
[(2) Services]
(2) Services.--Services provided under grants made
under this subsection shall supplement, not supplant,
services from any other funds available for the same
general purposes, including--
(A) individual counseling;
(B) group counseling;
(C) family counseling;
(D) case management;
(E) training public agency adoption
personnel, personnel of private, [nonprofit]
child welfare and adoption agencies licensed by
the State to provide adoption services, mental
health services professionals, and other
support personnel to provide services under
this subsection;
(F) assistance to adoptive parent
organizations; [and]
(G) assistance to support groups for adoptive
parents, adopted children, and siblings of
adopted children[.];
(H) day treatment; and
(I) respite care.
[(d)(1) The Secretary]
(d) Improving Placement Rate of Children in Foster Care.--
(1) In general.--The Secretary shall make grants for
improving State efforts to increase the placement of
foster care children legally free for adoption,
according to a pre-established plan and goals for
improvement. Grants funded by this section must include
a strong evaluation component which outlines the
innovations used to improve the placement of special
needs children who are legally free for adoption, and
the successes and failures of the initiative. The
evaluations will be submitted to the Secretary who will
compile the results of projects funded by this section
and submit a report to the appropriate committees of
Congress. The emphasis of this program must focus on
the improvement of the placement rate--not the
aggregate number of special needs children placed in
permanent homes. The Secretary, when reviewing grant
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.
(e) Elimination of Barriers to Adoptions Across
Jurisdictional Boundaries.--
(1) In general.--The Secretary shall award grants to,
or enter into contracts with, States, local government
entities, public or private child welfare or adoption
agencies, adoption exchanges, or adoption family groups
to carry out initiatives to improve efforts to
eliminate barriers to placing children for adoption
across jurisdictional boundaries.
(2) Services to supplement not supplant.--Services
provided under grants made under this subsection shall
supplement, not supplant, services provided using any
other funds made available for the same general
purposes including--
(A) developing a uniform homestudy standard
and protocol for acceptance of homestudies
between States and jurisdictions;
(B) developing models of financing cross-
jurisdictional placements;
(C) expanding the capacity of all adoption
exchanges to serve increasing numbers of
children;
(D) developing training materials and
training social workers on preparing and moving
children across State lines; and
(E) developing and supporting initiative
models for networking among agencies, adoption
exchanges, and parent support groups across
jurisdictional boundaries.
STUDY OF UNLICENSED ADOPTION PLACEMENTS
Sec. 204. [The] (a) In General.--The Secretary shall provide
for a study (the results of which shall be reported to the
appropriate committees of the Congress not later than eighteen
months after the date of enactment [of this Act] of the Keeping
Children and Families Safe Act of 2003) designed [to determine
the nature] to determine--
(1) the nature, scope, and effects of the interstate
(and, to the extent feasible, intrastate) placement of
children in adoptive homes (not including the homes of
stepparents or relatives of the child in question) by
persons or agencies [which are not licensed by or
subject to regulation by any governmental entity];
(2) how interstate placements are being financed
across State lines;
(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
(4) how State policies in defining special needs
children differentiate or group similar categories of
children.
(b) Dynamics of Successful Adoption.--The Secretary shall
conduct research (directly or by grant to, or contract with,
public or private nonprofit research agencies or organizations)
about adoption outcomes and the factors affecting those
outcomes. The Secretary shall submit a report containing the
results of such research to the appropriate committees of the
Congress not later than the date that is 36 months after the
date of the enactment of the Keeping Children and Families Safe
Act of 2003.
(c) Interjurisdictional Adoption.--Not later than 1 year
after the date of the enactment of the Keeping Children and
Families Safe Act of 2003, the Secretary, in consultation with
the Comptroller General, shall submit to the appropriate
committees of the Congress a report that contains
recommendations for an action plan to facilitate the
interjurisdictional adoption of foster children.
AUTHORIZATION OF APPROPRIATIONS
Sec. 205. [(a) There are authorized to be appropriated,
$20,000,000 for fiscal year 1997, and such sums as may be
necessary for each of the fiscal years 1998 through 2001 to
carry out programs and activities authorized.] (a) There are
authorized to be appropriated $40,000,000 for fiscal year 2004
and such sums as may be necessary for fiscal years 2005 through
2008 to carry out programs and activities authorized under this
subtitle.
* * * * * * *
----------
ABANDONED INFANTS ASSISTANCE ACT OF 1988
* * * * * * *
SEC. 2. FINDINGS.
The Congress finds that--
[(1) throughout the Nation, the number of infants and
young children who have been exposed to drugs taken by
their mothers during pregnancy has increased
dramatically;]
[(2)] (1) studies indicate that a number of factors
contribute to the inability of some parents [who abuse
drugs] to provide adequate care for [such] 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;]
(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;
[(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;]
[(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;
[(10)] (7) there is a need to support the families of
such infants and young children through the provision
of services that will prevent the abandonment of the
infants and children; and
[(11) there is a need for the development of funding
strategies that coordinate and make the optimal use of
all private resources, and Federal, State, and local
resources, to establish and maintain such services.]
(8) Private, Federal, State, and local resources
should be coordinated to establish and maintain 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. 101. 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.
[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. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
(a) Evaluations of Local Programs.--The Secretary shall,
directly or through contracts with public and nonprofit private
entities, provide for evaluations of projects carried out under
section 101 and for the dissemination of information developed
as a result of such projects.
(b) Study and Report on Number of Abandoned Infants and Young
Children.--
(1) In general.--The Secretary shall conduct a study
for the purpose of determining--
(A) an estimate of the annual number of
infants and young children relinquished,
abandoned, or found deceased in the United
States and the number of such infants and young
children who are infants and young children
described in section 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 2003, 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. 103. DEFINITIONS.
For purposes of this Act:
(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. 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 Act, there are authorized to be appropriated
$45,000,000 for fiscal year 2004 and such sums as may
be necessary for fiscal years 2005 through 2008.
(2) Limitation.--Not more than 5 percent of the
amounts appropriated under paragraph (1) for any fiscal
year may be obligated for carrying out section 224(a).
[(c)] (b) Administrative Expenses.--
(1) Authorization.--For the purpose of the
administration of this title 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]
2003.
[(d)] (c) Availability of Funds.--Amounts appropriated under
this section shall remain available until expended.
* * * * * * *
----------
FAMILY VIOLENCE PREVENTION AND SERVICES ACT
* * * * * * *
DECLARATION OF PURPOSE
Sec. 302. It is the purpose of this title to--
(1) [demonstrate the effectiveness of assisting]
assist States in efforts to increase public awareness
about and prevent family violence and to provide
immediate shelter and related assistance for victims of
family violence and their dependents; and
* * * * * * *
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) * * *
* * * * * * *
(C) set forth procedures designed to involve [State
domestic violence coalitions knowledgeable individuals
and interested organizations] State domestic violence
coalitions, knowledgeable individuals, and interested
organizations and assure an equitable distribution of
grants and grant funds within the State and between
urban and rural areas within such State and a plan to
address the needs of [underserved populations,
including populations underserved because of ethnic,
racial, cultural, language diversity or geographic
isolation;] underserved populations, as defined in
section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2);
* * * * * * *
(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.
(5) Upon completion of the activities funded by a grant under
this title, the State grantee shall submit to the Secretary a
report that contains a description of the activities carried
out under paragraph (2)(B)(i).
* * * * * * *
SECRETARIAL RESPONSIBILITIES
Sec. 305. (a) The Secretary shall appoint [an employee] 1 or
more employees of the Department of Health and Human Services
to carry out the provisions [of this title. The individual] of
this title, including carrying out evaluation and monitoring
under this title. Any individual appointed under this
subsection shall, prior to such appointment, have had expertise
in the field of family violence prevention and services.
(b) The Secretary shall--
(1) * * *
(2)(A) [provide for research, and into] provide for
research into the most effective prevention,
identification, and treatment thereof (such as research
into (i) the effectiveness of reducing repeated
incidents of family violence through a variety of
sentencing alternatives, such as incarceration, fines,
and counseling programs, individually or in
combination, and through the use of civil protection
orders removing the abuser from the family household,
(ii) the necessity and impact of a mandatory reporting
requirement relating to incidents of family violence,
particularly abuse of elderly persons), (iii) the
effectiveness of providing safety and support to
maternal and child victims of family violence as a way
to eliminate the abuse experienced by children in such
situations, (iv) identification of intervention
approaches to child abuse prevention services which
appear to be successful in preventing child abuse where
both mother and child are abused, (v) effective and
appropriate treatment services for children where both
mother and child are abused, and (vi) the individual
and situational factors leading to the end of violent
and abusive behavior by persons who commit acts of
family violence, including such factors as history of
previous violence and the legal and service
interventions received, and (B) make a complete study
and investigation (in consultation with the National
Institute on Aging) of the national incidence of abuse,
neglect, and exploitation of elderly persons, including
a determination of the extent to which incidents of
such abuse, neglect, and exploitation are increasing in
number or severity; and
* * * * * * *
EVALUATION
Sec. 306. [Not later than two years after the date on which
funds are obligated under section 303(a) for the first time
after the date of the enactment of this title, and every two
years thereafter,] Every 2 years, the Secretary shall review,
evaluate, and report to the appropriate Committees of the
Congress, as to the effectiveness of the programs administered
and operated pursuant to this title, particularly in relation
to repeated incidents of family violence. Such report shall
also include a summary of the documentation provided to the
Secretary under section 303(a)(2)(B) through 303(a)(2)(F).
* * * * * * *
SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
(a) * * *
* * * * * * *
[(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
2004 through 2008.
* * * * * * *
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[,];
(3) work with family law judges,[,] criminal court
judges, Child Protective Services agencies, and
children's advocates to develop appropriate responses
to child custody and visitation issues in domestic
violence cases as well as cases where domestic violence
and child abuse are both present, including--
(A) * * *
* * * * * * *
(D) the use of training and technical
assistance for family law judges, criminal
court judges, and court personnel;
* * * * * * *
(H) the implementation of [supervised
visitations that do not endanger victims and
their children] supervised visitations or
denial of visitation to protect against danger
to victims or their children; and
* * * * * * *
[(g) Authorization of Appropriations.--There are authorized
to be appropriated to be used to award grants under this
section $8,000,000 for fiscal year 1992, and such sums as may
be necessary for each of the fiscal years 1993 through 1995.
[(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.
ADMINISTRATION AND STATUTORY CONSTRUCTION
Sec. 312. (a) * * *
* * * * * * *
(c) Of the amount appropriated under section 310(a) for each
fiscal year, not more than 2.5 percent shall be used by the
Secretary for evaluation, monitoring, and other administrative
costs under this title.
[FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT
[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;
[(2) provide for the objective documentation of data
on the victims of family violence and their dependents
based on injuries that are brought to the attention of
domestic violence shelter, hospital, social service, or
law enforcement personnel, whether or not formal civil
or criminal action is taken; and
[(3) provide assurances that procedures will be
developed to guarantee the confidentiality of records
pertaining to any individual for whom data are compiled
through this subsection.]
* * * * * * *
[SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE
INTERVENTION.
[(a) In General.--The Secretary, in cooperation with the
Attorney General, shall award grants to not more than 10 States
to assist such States in becoming model demonstration States
and in meeting the costs of improving State leadership
concerning activities that will--
[(1) increase the number of prosecutions for domestic
violence crimes;
[(2) encourage the reporting of incidences of
domestic violence; and
[(3) facilitate ``arrests and aggressive''
prosecution policies.
[(b) Designation as Model State.--To be designated as a model
State under subsection (a), a State shall have in effect--
[(1) a law that requires mandatory arrest of a person
that police have probable cause to believe has
committed an act of domestic violence or probable cause
to believe has violated an outstanding civil protection
order;
[(2) a law or policy that discourages ``dual''
arrests;
[(3) statewide prosecution policies that--
[(A) authorize and encourage prosecutors to
pursue cases where a criminal case can be
proved, including proceeding without the active
involvement of the victim if necessary; and
[(B) implement model projects that include
either--
[(i) a ``no-drop'' prosecution
policy; or
[(ii) a vertical prosecution policy;
and
[(C) limit diversion to extraordinary cases,
and then only after an admission before a
judicial officer has been entered;
[(4) statewide guidelines for judges that--
[(A) reduce the automatic issuance of mutual
restraining or protective orders in cases where
only one spouse has sought a restraining or
protective order;
[(B) discourage custody or joint custody
orders by spouse abusers; and
[(C) encourage the understanding of domestic
violence as a serious criminal offense and not
a trivial dispute; and
[(5) develop and disseminate methods to improve the
criminal justice system's response to domestic violence
to make existing remedies as easily available as
possible to victims of domestic violence, including
reducing delay, eliminating court fees, and providing
easily understandable court forms.
[(c) Authorization of Appropriations.--
[(1) In general.--In addition to the funds authorized
to be appropriated under section 310, there are
authorized to be appropriated to make grants under this
section $25,000,000 for fiscal year 1992, and such sums
as may be necessary for each of the fiscal years 1993
through 1995.
[(2) Limitation.--A grant may not be made under this
section in an amount less than $2,000,000.
[(3) Delegation and transfer.--The Secretary shall
delegate to the Attorney General the Secretary's
responsibilities for carrying out this section and
shall transfer to the Attorney General the funds
appropriated under this section for the purpose of
making grants under this section.]
SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) * * *
(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] 2004 through
2008.
* * * * * * *
[SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
[(a) General Purpose.--For purposes of this section, the
Secretary may, in consultation with the Secretary of Education,
select, implement and evaluate 4 model programs for education
of young people about domestic violence and violence among
intimate partners.
[(b) Nature of Program.--The Secretary shall select,
implement and evaluate separate model programs for 4 different
audiences: primary schools, middle schools, secondary schools,
and institutions of higher education. The model programs shall
be selected, implemented, and evaluated in consultation with
educational experts, legal and psychological experts on
battering, and victim advocate organizations such as battered
women's shelters, State coalitions and resource centers.
[(c) Review and Dissemination.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
transmit the design and evaluation of the model programs, along
with a plan and cost estimate for nationwide distribution, to
the relevant committees of Congress for review.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $400,000 for
fiscal year 1996.]
SEC. 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 2004 through 2008.
SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.
(a) * * *
* * * * * * *
(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 2004 through 2008.
* * * * * * *
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 believes that
child protective systems personnel routinely and aggressively
ignore ``parental rights'' in investigating potential cases of
child abuse of neglect. However, the Majority has not provided
scientific evidence for this assertion. 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 child protective systems
frequently violated parental rights as described by the
Majority.
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 negotiations was agreement on a
provision requiring states to have policies and procedures that
require social workers, at the initial time of contact, to
advise individuals 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
welfare experts report that child protective service personnel
are currently trained to disclose wither a parent (for example)
is suspected of physical abuse versus sexual abuse versus
neglect, so this provision clarifies existing practice. This
provision should not be interpreted to require caseworkers
convey any information that could compromise the safety of the
child or to reveal information that could provide identifying
information that may reveal the source of the allegation or
compromise the investigation.
The Minority strongly encourages states to place greater
effort and emphasis on promoting best practices training and
supervision of child protection system personnel, regarding all
aspects of investigation, intervention, treatment and
reunification. Inclusion of the provision regarding training on
parental rights should not lead states to place undue emphasis
on this aspect of caseworker training. Inappropriate emphasis
on protecting the rights of parents should not outweigh 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 most appropriate way to address the
Majority's concerns is through helping states provide better
training and case management of child protective service
personnel rather than prescriptive requirements from the
federal government about what caseworkers should say in their
investigations of child abuse and neglect. Appropriate and
responsive casework is one of the most important factors in
keeping children safe and in keeping families together, where
appropriate, and the Minority hopes states will work to improve
this aspect of their child welfare systems.
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, nearly 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,
developmental 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 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. 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. 14 takes many steps to help states
address this problem and improve services 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. 14 recognizes that CAPTA can fill an important role in
the federal response to protecting children and preventing
child maltreatment. To this end, H.R. 14 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. 14 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. 14, 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.
Ruben Hinojosa.
Rush Holt.
Susan Davis.
John F. Tierney.
Major R. Owens.
Ed Case.
Betty McCollum.
Dale E. Kildee.
Robert E. Andrews.
David Wu.
Denise L. Majette.
Carolyn McCarthy.
Timothy J. Ryan.
Chris Van Hollen.
Lynn C. Woolsey.