[House Report 108-150]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-150
======================================================================
KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2003
_______
June 12, 2003.--Ordered to be printed
_______
Mr. Boehner, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S. 342]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
342), to amend the Child Abuse Prevention and Treatment Act to
make improvements to and reauthorize programs under that Act,
and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
(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. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
Sec. 116. Miscellaneous requirements relating to assistance.
Sec. 117. Authorization of appropriations.
Sec. 118. 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 projects.
Sec. 303. Evaluations, study, and reports by Secretary.
Sec. 304. Authorization of appropriations.
Sec. 305. Definitions.
Sec. 306. Conforming amendment.
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. Related assistance.
Sec. 406. Authorization of appropriations.
Sec. 407. Grants for State domestic violence coalitions.
Sec. 408. Evaluation and monitoring.
Sec. 409. Family member abuse information and documentation project.
Sec. 410. Model State leadership grants.
Sec. 411. National domestic violence hotline and internet grant.
Sec. 412. Youth education and domestic violence.
Sec. 413. Demonstration grants for community initiatives.
Sec. 414. Transitional housing assistance.
Sec. 415. Technical and conforming amendments.
Sec. 416. Conforming amendment to another Act.
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 60 percent of children who were victims
of maltreatment in 2001 suffered neglect, 19 percent
suffered physical abuse, 10 percent suffered sexual
abuse, and 7 percent suffered emotional maltreatment;
``(3)(A) child abuse can result in the death of a
child;
``(B) in 2001, an estimated 1,300 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 41
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; and
``(B) slightly less than half of these children (42
percent in 2001) and their families fail to receive
adequate protection or treatment;'';
(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 (xi) of subparagraph
(H); 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
subparagraphs (i) through (ix) 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 strategies for risk and safety
assessments relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants
under this subsection to entities for projects that
involve research-based strategies for innovative
training for mandated child abuse and neglect
reporters.''.
SEC. 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 the matter preceding subparagraph
(A), by striking ``nonprofit'';
(B) 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,'';
(C) 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;'';
(D) in subparagraph (C), by striking the
period and inserting a semicolon; and
(E) 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
strategies 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 ``nonprofit organizations (such as Parents
Anonymous)'' and inserting ``organizations'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph 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.--
``(A) In general.--''; 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, in accordance with all applicable Federal and
State privacy laws.''.
(b) Discretionary Grants.--Section 105(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is
amended--
(1) in the matter preceding paragraph (1), by
striking ``subsection (b)'' and inserting ``subsection
(a)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;
(4) 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
(5) 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--
``(A) training regarding research-based
strategies to promote collaboration with the
families;
``(B) training regarding the legal duties
of such individuals; and
``(C) personal safety training for case
workers;'';
(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
strategies for training 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;
and'';
(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 (iv), (vi), (vii), (viii), (x),
(xi), (xii), (xiii), (xiv), (xv), (xvi)
and (xvii), respectively;
(ii) by inserting after clause (i),
the following:
``(ii) policies and procedures
(including appropriate referrals to
child protection service systems and
for other appropriate services) to
address the needs of infants born and
identified as being affected by illegal
substance abuse or withdrawal symptoms
resulting from prenatal drug exposure,
including a requirement that health
care providers involved in the delivery
or care of such infants notify the
child protective services system of the
occurrence of such condition in such
infants, except that such notification
shall not be construed to--
``(I) establish a
definition under Federal law of
what constitutes child abuse;
or
``(II) require prosecution
for any illegal action;
``(iii) the development of a plan
of safe care for the infant born and
identified as being affected by illegal
substance abuse or withdrawal
symptoms;'';
(iii) in clause (iv) (as so
redesignated), by inserting ``risk
and'' before ``safety'';
(iv) by inserting after clause (iv)
(as so redesignated), the following:
``(v) 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 (viii)(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 (ix)'';
(vi) by inserting after clause
(viii) (as so redesignated), the
following:
``(ix) provisions to require a
State to disclose confidential
information to any Federal, State, or
local government entity, or any agent
of such entity, that has a need for
such information in order to carry out
its responsibilities under law to
protect children from abuse and
neglect;'';
(vii) in clause (xiii) (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 (xv) (as so
redesignated), by striking ``to be
effective not later than 2 years after
the date of enactment of this
section'';
(ix) in clause (xvi) (as so
redesignated)--
(I) by striking ``to be
effective not later than 2
years after the date of
enactment of this section'';
and
(II) by striking ``and'' at
the end;
(x) in clause (xvii) (as so
redesignated), by striking ``clause
(xii)'' each place that such appears
and inserting ``clause (xvi)''; and
(xi) by adding at the end the
following:
``(xviii) provisions and procedures
to require that a representative of the
child protective services agency shall,
at the initial time of contact with the
individual subject to a child abuse 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;
``(xix) provisions addressing the
training of representatives of the
child protective services system
regarding the legal duties of the
representatives, which may consist of
various methods of informing such
representatives of such duties, in
order to protect the legal rights and
safety of children and families from
the initial time of contact during
investigation through treatment;
``(xx) provisions and procedures
for improving the training, retention,
and supervision of caseworkers;
``(xxi) provisions and procedures
for referral of a child under the age
of 3 who is involved in a substantiated
case of child abuse or neglect to early
intervention services funded under part
C of the Individuals with Disabilities
Education Act; and
``(xxii) 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 families.''.
(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 State
and local child protection systems and the
citizen review panel that describes whether or
how the State will incorporate the
recommendations of such panel (where
appropriate) to make measurable progress in
improving the State and local child protective
system''.
(d) Annual State Data Reports.--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. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION
AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.
Section 107(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106c(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(4) the handling of cases involving children with
disabilities or serious health-related problems who are
victims of abuse or neglect.''.
SEC. 116. 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.
``(e) Annual Report.--A State that receives funds under
section 106(a) shall annually prepare and submit to the
Secretary a report describing the manner in which funds
provided under this Act, alone or in combination with other
Federal funds, were used to address the purposes and achieve
the objectives of section 106.''.
SEC. 117. 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. 118. 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 strengthen
and support families 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 strengthen and support
families 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 strengthen and support
families 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 strengthen and support
families 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
designed to strengthen and support families 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
designed to strengthen and support families 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 designed to strengthenand
support families 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 of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5116b) is amended--
(1) in subsection (b)(1)(B)--
(A) 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'';
(B) by striking ``State lead agency'' and
inserting ``State lead entity''; and
(C) by striking ``the lead agency'' and
inserting ``the current lead entity''; and
(2) in subsection (c)(2), by striking ``subsection
(a)'' and inserting ``subsection (b)''.
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 designed to strengthen and support families
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 designed to strengthen and support
families 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 strengthen and support families 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 strengthen and support families 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 strengthen and support families 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
strengthen and support families 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
strengthen and support families 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 strengthen and
support families 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 strengthen
and support families to prevent child abuse and
neglect'';
(2) in paragraph (3)(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 designed to
strengthen and support families 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 designed to strengthen and support families
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 designed to strengthen
and support families to prevent child abuse and
neglect, and in the design, operation and
evaluation of the networks of such community-
based and prevention-focused programs'';
(4) in paragraph (5), by striking ``, prevention-
focused, family resource and support programs'' and
inserting ``and prevention-focused programs and
activities designed to strengthen and support families
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 strengthen and support families
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
strengthen and support families 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
strengthen and support families 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 by striking paragraphs (3) and (4) and inserting the
following:
``(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 designed to strengthen
and support families to prevent child abuse and
neglect' includes organizations such as family resource
programs, family support programs, voluntary home
visiting programs, respite care programs, parenting
education, mutual support programs, and other community
programs or networks of such programs that provide
activities that are designed to prevent or respond to
child abuse and neglect.''.
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 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:
``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
known as `AIDS'), and those who have been exposed to
dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8)--
(A) by striking ``such infants and young
children'' and inserting ``infants and young
children who are abandoned in hospitals''; and
(B) 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;'';
(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
services described in paragraph (7) and to ensure the
optimal use of all such resources.''.
SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS.
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 PROJECTS.'';
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 101(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 enactment of the Keeping Children and Families
Safe Act of 2003, the Secretary shall complete the
study required under paragraph (1) and submit to
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.
(a) In General.--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
102(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``Authorization.--
'' after ``(1)'' the first place it
appears; and
(ii) by striking ``this title'' and
inserting ``this Act''; 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.
(b) Redesignation.--The Abandoned Infants Assistance Act of
1988 (42 U.S.C. 670 note) is amended--
(1) by redesignating section 104 as section 302;
and
(2) by moving that section 302 to the end of that
Act.
SEC. 305. DEFINITIONS.
(a) In General.--Section 301 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 670 note) is amended to read
as follows:
``SEC. 301. DEFINITIONS.
``In this Act:
``(1) Abandoned; abandonment.--The terms
`abandoned' and `abandonment', used 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) Acquired immune deficiency syndrome.--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) Dangerous drug.--The term `dangerous drug'
means a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802).
``(4) Natural family.--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.
``(5) Secretary.--The term `Secretary' means the
Secretary of Health and Human Services.''.
(b) Repeal.--Section 103 of the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 670 note) is repealed.
SEC. 306. CONFORMING AMENDMENT.
Section 421(7) of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 5061(7)) is amended by striking ``infant
described in section 103'' and inserting ``infant who is
abandoned, as defined in section 301''.
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
2007 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 shall submit to the Secretary a
report that contains a description of the activities carried
out under paragraph (2)(B)(i).''.
(c) Children Who Witness Domestic Violence.--Section 303 of
such Act (42 U.S.C. 10402) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the
following:
``(c) The Secretary shall use funds provided under section
310(a)(2), for a fiscal year described in section 310(a)(2), to
award grants for demonstration programs that provide--
``(1) multisystem interventions and services
(either directly or by referral) for children who
witness domestic violence; and
``(2) training (either directly or by referral) for
agencies, providers, and other entities who work with
such children.''.
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--
(1) by striking subsection (b) and inserting the
following:
``(b) National Resource Center.--The national resource
center established under subsection (a)(2)--
``(1) shall offer resource, policy, collaboration,
and training assistance to Federal, State, and local
government agencies, to domestic violence service
providers, and to other professionals and interested
parties on issues pertaining to domestic violence,
including issues relating to children who witness
domestic violence; and
``(2) shall maintain a central resource library in
order to collect, prepare, analyze, and disseminate
information and statistics, and analyses of the
information and statistics, relating to the incidence
and prevention of family violence (particularly the
prevention of repeated incidents of violence) and the
provision of immediate shelter and related
assistance.''; and
(2) by striking subsection (g).
SEC. 405. RELATED ASSISTANCE.
Section 309(5) of the Family Violence Prevention and
Services Act (42 U.S.C. 10408(5)) is amended by striking the
second sentence and inserting the following: ``The term
`related assistance' shall include--
``(A) prevention services such as outreach
and prevention services for victims and their
children, assistance to children who witness
domestic violence, employment training,
parenting and other educational services for
victims and their children, preventive health
services within domestic violence programs
(including services promoting nutrition,
disease prevention, exercise, and prevention of
substance abuse), domestic violence prevention
programs for school-age children, family
violence public awareness campaigns, and
violence prevention counseling services to
abusers;
``(B) counseling with respect to family
violence, counseling or other supportive
services provided by peers individually or in
groups, and referral to community social
services;
``(C) transportation, technical assistance
with respect to obtaining financial assistance
under Federal and State programs, and referrals
for appropriate health care services (including
alcohol and drug abuse treatment), but shall
not include reimbursement for any health care
services;
``(D) legal advocacy to provide victims
with information and assistance through the
civil and criminal courts, and legal
assistance; or
``(E) children's counseling and support
services, and child care services for children
who are victims of family violence or the
dependents of such victims, and children who
witness domestic violence.''.
SEC. 406. 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.--
``(1) Authorization.--There are authorized to be
appropriated to carry out sections 303 through 311,
$175,000,000 for each of fiscal years 2004 through
2008.
``(2) Projects to address needs of children who
witness domestic violence.--For a fiscal year in which
the amounts appropriated under paragraph (1) exceed
$130,000,000, the Secretary shall reserve and make
available a portion of the excess to carry out section
303(c).''.
(b) Allocations for Other Programs.--Subsections (b), (c),
and (d) of section 310 of such Act (42 U.S.C. 10409) are
amended by inserting ``(and not reserved under subsection
(a)(2))'' after ``each fiscal year''.
(c) 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 under section
310(a) for a fiscal year (and not reserved under section
310(a)(2)), not less than 10 percent of such amount shall be
made available to award grants under this section.''.
SEC. 407. 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. 408. 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 (and not reserved under section 310(a)(2)),
not more than 2.5 percent shall be used by the Secretary for
evaluation, monitoring, and other administrative costs under
this title.''.
SEC. 409. 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. 410. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services
Act (42 U.S.C. 10415) is repealed.
SEC. 411. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT.
Section 316 of the Family Violence Prevention and Services
Act (42 U.S.C. 10416) is amended to read as follows:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE AND INTERNET GRANT.
``(a) In General.--The Secretary may award 1 or more grants
to private, nonprofit entities--
``(1) to provide for the establishment and
operation of a national, toll-free telephone hotline to
provide information and assistance to victims of
domestic violence; or
``(2) to provide for the establishment and
operation of a highly secure Internet website to
provide that information and assistance to those
victims.
``(b) Duration.--A grant under this section may extend over
a period of not more than 5 years.
``(c) Annual Approval.--The provision of payments under a
grant awarded under this section shall be subject to annual
approval by the Secretary and subject to the availability of
appropriations for each fiscal year to make the payments.
``(d) Hotline Activities.--An entity that receives a grant
under this section for activities described, in whole or in
part, in subsection (a)(1) shall use funds made available
through the grant to establish and operate a national, toll-
free telephone hotline to provide information and assistance to
victims of domestic violence. In establishing and operating the
hotline, the entity shall--
``(1) contract with a carrier for the use of a
toll-free telephone line;
``(2) employ, train, and supervise personnel to
answer incoming calls and provide counseling and
referral services to callers on a 24-hour-a-day basis;
``(3) assemble and maintain a current database of
information relating to services for victims of
domestic violence to which callers may be referred
throughout the United States, including information on
the availability of shelters that serve battered women;
and
``(4) publicize the hotline to potential users
throughout the United States.
``(e) Secure Website Activities.--
``(1) In general.--An entity that receives a grant
under this section for activities described, in whole
or in part, in subsection (a)(2) shall use funds made
available through the grant to provide grants for
startup and operational costs associated with
establishing and operating a highly secure Internet
website.
``(2) Availability.--The website shall be available
to the entity operating the hotline and domestic
violence shelters.
``(3) Information.--The website shall provide
accurate information that describes--
``(A) the services available to victims of
domestic violence, including health care and
mental health services, social services,
transportation, services for children
(including children who witness domestic
violence), and other relevant services; and
``(B) the domestic violence shelters
available, and services provided by the
shelters.
``(4) Rule of construction.--Nothing in this Act
shall be construed to require any shelter or service
provider, whether public or private, to be linked to
the website or to provide information to the recipient
of the grant described in paragraph (1) or to the
website.
``(f) Application.--The Secretary may not award a grant
under this section unless the Secretary approves an application
for such grant. To be approved by the Secretary under this
subsection an application shall--
``(1) contain such agreements, assurances, and
information, be in such form, and be submitted in such
manner, as the Secretary shall prescribe through notice
in the Federal Register;
``(2) in the case of an application for a grant to
carry out activities described in subsection (a)(1),
include a complete description of the applicant's plan
for the operation of a national domestic violence
hotline, including descriptions of--
``(A) the training program for hotline
personnel;
``(B) the hiring criteria for hotline
personnel;
``(C) the methods for the creation,
maintenance, and updating of a resource
database;
``(D) a plan for publicizing the
availability of the hotline;
``(E) a plan for providing service to non-
English speaking callers, including service
through hotline personnel who speak Spanish;
and
``(F) a plan for facilitating access to the
hotline by persons with hearing impairments;
``(3) in the case of an application for a grant to
carry out activities described in subsection (a)(2)--
``(A) include a complete description of the
applicant's plan for the development,
operation, maintenance, and updating of
information and resources of the website;
``(B) include a certification that the
applicant will implement a high level security
system to ensure the confidentiality of the
website, taking into consideration the safety
of domestic violence victims; and
``(C) include an assurance that, after the
third year of the website project, the
recipient of the grant will develop a plan to
secure other public or private funding
resources to ensure the continued operation and
maintenance of the website;
``(4) demonstrate that the applicant has recognized
expertise in the area of domestic violence and a record
of high quality service to victims of domestic
violence, including a demonstration of support from
advocacy groups;
``(5) demonstrate that the applicant has a
commitment to diversity, and to the provision of
services to ethnic, racial, and non-English speaking
minorities, in addition to older individuals and
individuals with disabilities; and
``(6) contain such other information as the
Secretary may require.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be
appropriated to carry out this section $3,500,000 for
each of fiscal years 2004 through 2008.
``(2) Conditions on appropriations.--
Notwithstanding paragraph (1), the Secretary shall make
available a portion of the amounts appropriated under
paragraph (1) to award grants under subsection (a)(2)
only for any fiscal year for which the amounts
appropriated under paragraph (1) exceed $3,000,000.
``(3) Availability.--Funds authorized to be
appropriated under paragraph (1) shall remain available
until expended.''.
SEC. 412. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services
Act (42 U.S.C. 10417) is repealed.
SEC. 413. 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 is authorized
to be appropriated to carry out this section $6,000,000 for
each of fiscal years 2004 through 2008.''.
(b) Regulations.--Section 318 of such Act (42 U.S.C. 10418)
is amended by striking subsection (i).
SEC. 414. 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 fiscal years 2003
through 2008''.
SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended--
(1) in section 302(1) (42 U.S.C. 10401(1)) by
striking ``demonstrate the effectiveness of assisting''
and inserting ``assist'';
(2) in section 303(a) (42 U.S.C. 10402(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 303(g) (as so redesignated)--
(A) in the first sentence, by striking
``309(4)'' and inserting ``320''; and
(B) in the second sentence, by striking
``309(5)(A)'' and inserting ``320(5)(A)'';
(4) in section 305(b)(2)(A) (42 U.S.C.
10404(b)(2)(A)) by striking ``provide for research, and
into'' and inserting ``provide for research into'';
(5) by redesignating section 309 as section 320 and
moving that section to the end of the Act; and
(6) in section 311(a) (42 U.S.C. 10410(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''.
SEC. 416. CONFORMING AMENDMENT TO ANOTHER ACT.
Section 102(42) of the Older Americans Act of 1965 (42
U.S.C. 3002(42)) is amended by striking ``(42 U.S.C. 10408)''.
And the House agree to the same.
From the Committee on Education and the
Workforce, for consideration of the Senate bill
and the House amendment, and modifications
committed to conference:
John Boehner,
Pete Hoekstra,
Jon Porter,
James Greenwood,
Charlie Norwood,
Phil Gingrey,
Max Burns,
George Miller,
Ruben Hinojosa,
Susan A. Davis,
Tim Ryan,
Danny K. Davis,
Managers on the Part of the House.
Judd Gregg,
Lamar Alexander,
Mike DeWine,
Edward M. Kennedy,
Chris Dodd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 342), to amend the
Child Abuse Prevention and Treatment Act to make improvements
to and reauthorize programs under that Act, and for other
purposes, submit the following joint statement to the House and
the Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying
conference report:
The Keeping Children and Families Safe Act of 2003--Explanation of the
Committee of Conference
The conference agreement to S. 342, the Keeping Children
and Families Safe Act of 2003, builds upon reforms made during
the last reauthorization of CAPTA and FVPSA 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. It makes changes that 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. The conference
agreement also makes changes to better serve victims of
domestic violence and their dependents.
The Senate bill and House amendment were very similar
with only a few major differences. This conference report
reflects the agreements on these major differences.
CAPTA
Comprehensive Adolescent Victim/Victimizer Program
The Senate bill, but not the House amendment, includes a
new demonstration program that establishes a network of
trainers who will work with schools to implement school-based
adolescent victim/victimizer programs that are comprehensive,
meet state guidelines for health education, and reduce child
sexual abuse by focusing on prevention for both adolescent
victims and victimizers.
The conference agreement does not include this provision.
Safety Training for Caseworkers
The Senate bill, but not the House amendment, includes
language to permit ``personal safety training for caseworkers''
as part of the training for which states may use their CAPTA
dollars. Personal safety training will help child protective
services personnel be prepared when faced with a variety of
complex situations and emotions as they confront families with
allegations of child abuse and neglect.
The conference agreement includes this provision with no
modifications.
Infants Born Addicted to Substances
The House amendment and the Senate bill include
provisions to address the needs of infants born and identified
as being affected by illegal substance abuse or withdrawal
symptoms. The House amendment requires procedures for 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. The Senate bill requires procedures for infants born
and identified as being affected by illegal substance abuse or
withdrawal symptoms resulting form prenatal drug exposure. The
House amendment, but not the Senate, requires the notification
of child protectiveservices and permits the consideration of
providing the mother with additional services, and providing the infant
with referral to IDEA, Part C services for evaluation.
The conference agreement follows the Senate bill with a
modification. The agreement includes the requirement that
health care providers involved in the delivery or care of
infants born and identified as being affected by illegal
substance abuse or withdrawal symptoms notify child protective
services of the occurrence of such condition in such infants.
GAO Study
The Senate bill, but not the House amendment, includes a
study to have GAO review and evaluate training (including
cross-training in domestic violence and substance abuse) of
child protective services workers including the effects of
caseloads, compensation and supervision of staff; the
efficiencies and effectiveness of agencies that provide cross-
training with court personnel; and recommendations to
strengthen child protective services effectiveness to improve
outcomes for children.
The conference agreement does not include this provision.
The House and Senate conferees agree to write a joint letter to
GAO to request the study be conducted.
Children's Justice Act
The House amendment, but not the Senate bill, includes
language to allow states to handle cases involving children
with disabilities or serious health conditions with their
children's justice grant funding. Children's justice grants
help states improve their child protection programs in
investigation and prosecution of child abuse and neglect cases.
The conference agreement includes this provision with no
modifications.
IDEA
The House amendment, but not the Senate bill, requires
states to have 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 of services.
The conference agreement does not include this provision.
The conferees agree to provide for a reference to similar
provisions for referral of such children in Part C of IDEA.
State CAPTA Reports
The Senate bill, but not the House amendment, requires
states to report on the manner in which CAPTA dollars, alone or
in combination with other funds, were used to address the
purposes and achieve the objectives of Kinship Care. Kinship
care is a living situation in which a grandparent, other close
relative or someone else who is emotionally close to a child
takes primary responsibility for the care of that child.
The conference agreement includes this provision with
modifications. The agreement requires states to report on all
CAPTA programs, rather than just Kinship Care.
Respite Care
The House amendment, but not the Senate bill, adds
respite care, home visiting and family support services to the
list of optional core services that a state may provide as a
part of family support services under Community-Based Programs
within CAPTA.
The conference agreement does not include this provision.
However, the conferees want to recognize the importance of
respite care and other services as positive, cost-effective,
community-based child abuse and neglect prevention programs. As
evidence shows, respite and crises care programs are effective
prevention strategies associated with avoiding more costly and
traumatic out-of-home placements, including foster care. By
retaining current law for local program criteria, the conferees
have not intended to discourage or limit the ability of the
lead entity or local program to provide or arrange for respite
care.
FVPSA
Children Who Witness Domestic Violence
The Senate bill, but not the House amendment, establishes
a new program to address the needs of children who witness
domestic violence to provide direct services; training for and
collaboration among child welfare agencies, domestic violence
victim service providers, courts, law enforcement and other
entities, and multi-system interventions. This new program is
conditioned upon appropriations exceeding $150 million. At such
time 50 percent of the excess must be used to fund this
program.
The conference agreement follows the intent of the Senate
bill with modifications. The agreement would not create a new
program. The agreement adds services for children who witness
domestic violence to the list of allowable activities under the
state demonstration grants within FVPSA. It requires that once
appropriations exceed $130 million for the state demonstration
grants, that grants include programs of multi-system
interventions, training, and services (either directly or by
referral) for children who witness domestic violence. The
agreement also requires the national resource center to include
children who witness domestic violence as part of their
research and training services, and adds children who witness
domestic violence to the definition of ``related assistance.''
Domestic Violence Hotline/Internet Enhancement
The Senate bill, but not the House amendment, creates a
new five year grant program to establish and operate a highly
secure Internet website that links the national domestic
violence hotline, U.S. domestic violence shelters, state and
local domestic violence agencies, and other domestic violence
organizations in order to connect a victim of domestic violence
to domestic violence shelters. The website must also
containcontinuously updated information concerning the availability of
services and space in domestic violence shelters across the U.S. This
new program is conditioned upon appropriations for the domestic
violence hotline exceeding $3 million. The Senate bill, but not the
House amendment, increases the authorization for the domestic violence
hotline from $2 million to $4 million. The domestic violence hotline is
currently funded at $2.6 million.
The conference agreement follows the intent of the Senate
bill with modifications. The agreement would not create a new
program. The agreement requires that once appropriations for
the domestic violence hotline exceed $3 million, grants shall
be made for startup and operational costs associated with
establishing a highly secure Internet website available to the
hotline and to shelters. The website shall serve as a database
of information describing the services available to victims of
domestic violence, including medical and mental health
services, social services, transportation, services for
children (including children who witness domestic violence) and
other relevant services; domestic violence shelters available;
and services provided by participating shelters. The
authorization for the domestic violence hotline is $3.5
million. As a result of recent significant authorization and
appropriation increases occurring since the committee's last
consideration of this act, the conferees believe an
authorization level of $3.5 million will sustain the services
provided as a part of the domestic violence hotline during the
current five year authorization without the need for
intervening authorizations.
From the Committee on Education and the
Workforce, for consideration of the Senate bill
and the House amendment, and modifications
committed to conference:
John Boehner,
Pete Hoekstra,
Jon Porter,
James Greenwood,
Charlie Norwood,
Phil Gingrey,
Max Burns,
George Miller,
Ruben Hinojosa,
Susan A. Davis,
Tim Ryan,
Danny K. Davis,
Managers on the Part of the House.
Judd Gregg,
Lamar Alexander,
Mike DeWine,
Edward M. Kennedy,
Chris Dodd,
Managers on the Part of the Senate.