99–010

Calendar No. 622

107TH CONGRESS REPORT " SENATE ! 2d Session 107–292

KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002

SEPTEMBER 30, 2002.—Ordered to be printed 

Mr. KENNEDY, from the Committee on Health, Education, Labor, 

and Pensions, submitted the following 

R E P O R T 

[To accompany S. 2998]

The Committee on Health, Education, Labor, and Pensions, to 

which was referred the bill (S. 2998) to reauthorize the Child 

Abuse Prevention and Treatment Act, the Family Violence Prevention and Services Act, the Child Abuse Prevention and Treatment 

and Adoption Reform Act of 1978, and the Abandoned Infants Assistance Act of 1988, and for other purposes, having considered the 

same, reports favorably thereon with amendments and recommends that the bill (as amended) do pass.

CONTENTS 

Page 

I. Purpose and Need for the Legislation .......................................................... 1

II. Current Committee Action ............................................................................ 11

III. Explanation of Legislation and Committee Views ...................................... 11

IV. Regulatory Impact Statement ....................................................................... 20

V. Application of Law to the Legislative Branch ............................................. 21

VI. Cost Estimate ................................................................................................. 21

VII. Section-by-Section Analysis .......................................................................... 26

VIII. Changes in Existing Law .............................................................................. 37

I. PURPOSE AND NEED FOR THE LEGISLATION

It is the purpose of the Keeping Children and Families Safe Act 

to renew, improve, and strengthen the Child Abuse Prevention and 

Treatment Act, the Family Violence Prevention and Services Act, 

the Adoption Opportunities Act, and the Abandoned Infants Assistance Act for the next five years. The Act is intended to strengthen 

and support families with children and to protect children from 

abuse and neglect, improve services for children exposed to domes-
2

tic violence, improve adoption assistance, and strengthen assistance for abandoned infants. 

Background and need for legislation 

Despite Federal programs, State and local efforts, increased 

media attention and public awareness, child abuse and neglect continue to be a significant problem in the United States. Recent reports present startling indications of child maltreatment in the 

United States. 

The National Child Abuse and Neglect Data System (NCANDS), 

developed by the Children’s Bureau of the U.S. Department of 

Health and Human Services (HHS), maintains annual statistics 

from the states on child maltreatment. While the full 2000 Maltreatment Report is not yet available to the public, in April of 2002, 

HHS released a summary of key findings highlighting state data 

submissions for the year 2000. 

Approximately 3 million referrals concerning the welfare of about 

5 million children were made to Child Protection Services (CPS) 

agencies throughout the nation in 2000. Of these referrals, about 

two-thirds (62 percent) were screened-in for further assessment 

and investigation. Professionals, including teachers, law enforcement officers, social service workers, and physicians made more 

than half (56 percent) of the screened-in reports. Of this amount, 

close to 879,000 children were found to be victims of child maltreatment. About two-thirds (63 percent) suffered neglect (including 

medical neglect); 19 percent were physically abused; 10 percent 

were sexually abused; and 8 percent were emotionally maltreated. 

The rate of child victims per 1,000 children in the population had 

been decreasing steadily from 15.3 victims per 1,000 children in the 

population in 1993 to 11.8 victims per 1,000 children in the population in 1999. The victimization rate increased slightly to 12.2 per 

1,000 children in the year 2000. According to HHS, whether or not 

this is a trend cannot be determined until additional data are collected. Victimization rates were similar for male and female victims 

(11.2 and 12.8 per 1,000 children respectively) except for victims of 

sexual abuse. The rate for sexual abuse was 1.7 victims per 1,000 

female children compared to 0.4 victims per 1,000 male children. 

More than half of all victims were White (51 percent); one-quarter 

(25 percent) were African American; 15 percent were Hispanic, 2 

percent were American Indian/Alaska Natives, and 1 percent were 

Asian/Pacific Islanders. 

Sixty percent of perpetrators were female and 40 percent were 

male. The median age of female perpetrators was 31 years and the 

median age of male perpetrators was 34 years. About 84 percent 

of victims were abused by a parent or parents. Mothers acting 

alone were responsible for 47 percent of neglect victims and 32 percent of physical abuse victims. About 55 percent of children found 

to be abused and neglected received needed services. 

The most tragic consequence of child maltreatment is death. The 

HHS summary data shows about 1,200 children died of abuse and 

neglect in 2000. Children younger than six years of age accounted 

for 85 percent of child fatalities and children younger than one 

year of age accounted for 44 percent of child fatalities. 

Child abuse is not a new phenomenon. Throughout the last decade, numerous reports have called attention to the tragic abuse 
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and neglect of children and the inadequacy of our Child Protection 

Services (CPS) systems to protect our children. 

In 1990, the U.S. Advisory Board on Child Abuse and Neglect 

concluded that ‘‘child abuse and neglect was a national emergency’’. In 1995, the U.S. Advisory Board on Child Abuse and Neglect reported that ‘‘state and local CPS caseworkers are often overextended and cannot adequately function under their current caseloads.’’ The report also stated that, ‘‘in many jurisdictions, caseloads are so high that CPS response is limited to taking the complaint call, making a single visit to the home, and deciding whether 

or not the complaint is valid, often without any subsequent monitoring of the family.’’ A 1997 General Accounting Office (GAO) report found, ‘‘the CPS 

system is in crisis, plagued by difficult problems, such as growing 

caseloads, increasingly complex social problems and underlying 

child maltreatment, and ongoing systemic weaknesses in day-today operations.’’ According to GAO, CPS weaknesses include ‘‘difficulty in maintaining a skilled workforce; the inability to consistently follow key policies and procedures designed to protect children; developing useful case data and record-keeping systems, such 

as automated case management; and establishing good working relationships with the courts.’’ According to the May 2001 ‘‘Report from the Child Welfare Workforce Survey: State and County Data and Findings’’ conducted by 

the American Public Human Services Association (APHSA), the 

Child Welfare League of America (CWLA), and the Alliance for 

Children and Families, annual staff turnover is high and morale 

among CPS workers is low. The report found that CPS workers had 

an annual turnover rate of 22 percent, 76 percent higher than the 

turnover rate for total agency staff. The ‘‘preventable’’ turnover 

rate was 67 percent, or two-thirds higher than the rate for all other 

direct service workers and total agency staff. In some states, 75 

percent or more of staff turnovers were preventable. 

States rated a number of retention issues as highly problematic. 

In descending order they were: 

• Workloads that are too high and/or demanding; 

• Caseloads that are too high; 

• Too much worker time is spent on travel, paperwork, 

courts, and meetings; 

• Workers not feeling valued by the agency; 

• Low salaries; 

• Supervision problems; and 

• Insufficient resources for families and children. 

To prevent turnover and retain quality CPS staff, some states 

have begun to increase in-service training, increase education opportunities, increase supervisory training, increase or improve orientation, increase worker safety, and offer flex-time or changes in 

office hours. Most states, however, continue to grapple with staff 

turnover and training issues. 

Since 1974 when the Child Abuse Prevention and Treatment Act 

(CAPTA) was first enacted, the federal government and the states 

have struggled with how best to protect children from abuse and 

neglect. The problems with the system are numerous, complicated, 

and without a panacea. The statement contained in the 1991 report 

of the National Commission on Children still holds true, ‘‘If the na-
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tion had deliberately designed a system that would frustrate the 

professionals who staff it, anger the public who finance it, and 

abandon the children who depend on it, it could not have done a 

better job than the present child welfare system.’’ As said best in ‘‘The Battered Child’’ (5th ed. M.E. Helfer, R.S. 

Kempe, and R.D. Krugman, eds. University of Chicago Press, 

1997), ‘‘CPS is accused of both unwarranted interference in private 

life and irresponsible inaction when children are truly threatened.’’ Continued public criticism of CPS efforts, continued frustration 

by CPS staff and child welfare workers, and continued abuse and 

neglect (and death) of our nation’s children, set the context for reauthorization of CAPTA this year. 

It is clear that many more allegations of abuse and neglect have 

been made during the last several years compared to decades earlier. At the same time, there is also widespread understanding that 

not all children who are victims of abuse and neglect are reported 

to CPS. 

The volume of reports has so overwhelmed the CPS system that 

state surveys of State administrators indicate that child protection 

systems are unable to investigate reports within 24 or 48 hours, as 

required by many state laws.

Child maltreatment occurs in all socioeconomic and cultural 

groups, however, poverty makes child maltreatment much more 

likely to be reported. Minority children enter the child protection 

system in disproportionately large numbers and are far more likely 

to remain in substitute care for long periods of time—even years. 

Complicating matters, substance abuse is increasingly a problem 

among families reported to CPS. According to GAO, ‘‘states report 

that families are entering the system with multiple problems, 

among the most common of which is an increase in substance 

abuse.’’ The Child Welfare League reports that substance abuse is 

involved in at least half of all child maltreatment cases. 

While many complex problems plague the child welfare system 

and the children and families it serves, the charge for CPS is to 

respond to reports of child abuse or neglect; assess the risk to the 

child; investigate where appropriate, and where appropriate, to develop a case plan to protect the child and strengthen the family. 

To ensure that the system works as intended, CPS needs to be 

appropriately staffed. The staff needs to receive appropriate training and cross-training in identifying substance abuse and domestic 

violence to better respond to these complex problems. Triage can 

help communities better respond to the needs of children and families by targeting more intensive services to children at greatest risk 

of harm and referring children and families not in imminent risk 

of harm to alternative, community-based programs and services. 

Greater collaboration between CPS, health agencies (including 

mental health agencies), schools, and community-based groups has 

been shown to strengthen families. Prevention programs and activities to prevent child abuse and neglect for families at-risk can increase the likelihood that a child will grow up in a home without 

violence, abuse, or, neglect. 

Legislative history and committee action on child abuse and neglect 

The first Federal programs specifically designed to address concerns regarding child abuse and neglect in this country were au-
5

thorized under the Child Abuse Prevention and Treatment Act 

(Public Law 93–247) enacted in 1974. This legislation provided 

Federal financial assistance for identifying, preventing, and treating child abuse and neglect. The act has since been extended 

through fiscal year 2001 and has been amended to expand the 

scope of activities. It also authorizes the Family Violence Prevention and Services Act, the Adoption Opportunities Act, and the 

Abandoned Infants Assistance Act. 

The original Child Abuse Prevention and Treatment Act authorized the creation of the National Center on Child Abuse and Neglect (NCCAN) to help establish the parameters of the problem and 

to provide incentives for developing effective methods of treatment. 

The act also authorized demonstration grants and a State grant 

program for activities related to preventing and treating child 

abuse and neglect. To be eligible for funding under the State grant 

program, States were required to establish systems for reporting 

and investigating child abuse and neglect and for providing immunity from prosecution for persons so reporting. 

In 1978, the act was amended by Public Law 95–266, which extended the programs under the act through fiscal year 1981 and, 

among other things, expanded the Center’s grant making authority. It also required the establishment of research priorities and 

earmarked funds for the prevention and treatment of child sexual 

abuse. In response to concerns that Federal assistance was needed 

to help facilitate adoption of children, particularly those whose 

placement was constrained by being of school age or being disabled, 

the 1978 amendments also authorized through fiscal year 1981 a 

new independent adoption opportunities program to help eliminate 

barriers to adoption. 

In 1981, the Child Abuse Prevention and Treatment Act and the 

Adoption Opportunities Act were extended through fiscal year 1983 

under the Omnibus Budget Reconciliation Act (Public Law 97–35); 

and in 1984, the programs were extended through fiscal year 1987 

by the Child Abuse Act (Public Law 98–457). The 1984 amendments expanded the Center’s responsibilities to include additional 

studies. They required, as an additional criterion for eligibility for 

the State grant program, that States implement systems for responding to reports of medical neglect in cases involving severely 

disabled newborns; and authorized a new State grant program and 

other assistance to help States develop and run systems for responding to reports of medical neglect, including withholding of 

medically indicated treatment from disabled infants with lifethreatening conditions. The 1984 Child Abuse Act also created the 

independent Family Violence Prevention and Services Act. 

The Child Abuse Prevention Federal Challenge Grants Act was 

enacted on October 12, 1984, as title IV of Public Law 98–473, the 

continuing appropriations bill for fiscal year 1985. In enacting this 

legislation, the Congress found that since 1980 certain States had 

begun to recognize the critical need for child abuse prevention efforts and had established Children’s Trust Funds. These State 

funds were generated by surcharges on marriage licenses, birth 

certificates, and divorce actions or by special indication on State income tax returns. This allowed States to pay for child abuse and 

neglect prevention activities in the face of depressed State economies and budget cutbacks. Money for child abuse prevention 
6

projects had historically been lacking because of the need to direct 

limited resources toward treating the increasing numbers of children already abused. Only one or two States had direct appropriations to support the broad range of child abuse and neglect prevention activities. 

At the time, no Federal funds were directed specifically at assisting State efforts to prevent child abuse and neglect. When the legislation was enacted, 20 States had set up special funds for child 

abuse prevention. The kinds of programs supported by these special funding mechanisms ranged from classes on parenting and coping with family stress to statewide public education campaigns and 

special sexual abuse prevention training for children. The Challenge Grant program was developed to encourage all States to establish and maintain significant funds to support child abuse prevention projects. The number of States receiving funding under the 

Challenge Grant program increased from 33 States in fiscal year 

1986, the first year of appropriations for the program, to 47 States 

which were awarded a total of $4,933,501 in fiscal year 1990. 

In 1986, the Child Abuse Prevention and Treatment Act was 

amended by provisions of the Children’s Justice and Assistance Act 

(Public Law 99–401), establishing a new State grant program for 

improving the administrative and judicial handling of child abuse 

cases, especially those involving child sexual abuse. Funding for 

this program is derived from fines collected from persons convicted 

of certain Federal offenses. 

In 1988, the Child Abuse Prevention and Treatment Act was reauthorized (Public Law 100–294), extending its programs through 

fiscal year 1991. The 1988 amendments also established a new 

interagency task force and a newly constituted Advisory Board on 

Child Abuse and Neglect. The 1992 Child Abuse, Domestic Violence, Adoption and Family Services Act (Public Law 102–295) 

amended CAPTA and extended it through fiscal year 1995. 

In 1996, the Child Abuse Prevention and Treatment Act was reauthorized (Public Law 104–235), extending its authorization 

through fiscal year 2001. The Act made significant changes to better target abuse and neglect prevention resources; enhance the 

ability of states to respond to actual cases of abuse and neglect; 

and to consolidate and coordinate federal data collection efforts in 

order to gain a better perspective on the trends of child abuse and 

neglect and find effective methods of prevention and treatment. 

History of Community-Based Family Resource and Support Grants 

The Community-Based Family Resource and Support Grants 

(Title II of CAPTA) represent a consolidation and revamping of a 

number of programs Congress authorized over the past two decades. These include the Child Abuse Prevention Challenge Grants, 

the Emergency Child Abuse Prevention Services Grants, the Family Resource and Support Programs, the Temporary Child Care for 

Children with Disabilities and Crisis Nurseries Grants, and the 

Family Support Program of the McKinney Homeless Act. 

Community-Based Child Abuse and Neglect Prevention Grants 

The Child Abuse Prevention Challenge Grants Reauthorization 

Act of 1989 (Public Law 101–126) reauthorized the Challenge 

Grants Program through fiscal year 1991 and transferred it to title 
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II of the Child Abuse Prevention and Treatment Act. This program 

was administered by NCCAN. The Child Abuse, Domestic Violence, 

Adoption, and Family Services Act of 1992 (Public Law 102–295) 

modified this program and changed the name to ‘‘the CommunityBased Child Abuse and Neglect Prevention Grants.’’ The purpose 

of this program was to assist States in supporting child abuse and 

neglect prevention activities. States were eligible for grants if they 

had established trust funds for the administration of child abuse 

prevention activities. Funds were distributed to all such States 

based on child population and the amounts of non-Federal funds 

collected by States for their trust funds. Between fiscal year 1991 

and fiscal year 1994, funding levels for this program ranged from 

$5.4 million to $5.3 million. 

Emergency Child Abuse Prevention Services Grants 

The Emergency Child Abuse Prevention Services Grants program 

was intended to provide services to children whose parents were 

substance abusers. Grants were made directly to local public and 

non-profit organizations to provide these services. Between fiscal 

year 1991 and fiscal year 1994, funding for this program ranged 

from $19.5 million to $19.0 million. 

Family Resource and Support Centers Program 

In 1990, the Family Resource and Support Centers Program was 

established (by Public Law 101–501) to fund States, on a competitive basis, to establish statewide networks of family support programs, in collaboration with existing health, mental health, education, employment and training, child welfare, and other social 

services agencies within the State. In order to provide adequate 

funding for this broad charge, the grants were required to be at 

least $1.5 million per year. With funding at around $5 million in 

fiscal years 1992–94, HHS awarded three grants of $1.5 million 

each to Maryland, Virginia, and Connecticut. Each State took a 

unique approach to the operation of this program. One administered it through a Health Department, another through an Education Department, and the third through a private non-profit entity. 

Programs established under this authority were designed to operate consistent with the family support philosophy: the basic relationship between programs and the family is one of equality and 

respect; participants are a vital resource; programs are communitybased and culturally and socially relevant to the families they 

serve; parent education, information about human development, 

and skill building for parents are essential elements of every program; and programs are voluntary. The collaborative efforts of 

these programs resulted in critical innovations at the State level. 

These efforts also strengthened existing comprehensive programs 

in communities and tested innovative approaches at the local level. 

Services provided included parent education, early childhood development, outreach, community and social services referrals, housing 

assistance, job training, and parenting support, all of which help 

prevent child abuse. 
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1994 consolidation 

Because the response to the Family Resource and Support program was so positive, Congress broadened the program and expanded it to all States in the Human Services Amendments of 1994 

(Public Law 103–352). The Human Service Amendments of 1994 

consolidated three programs into the new Community-Based Family Resource Programs, which was placed in Title II of CAPTA. Two 

of the consolidated programs had been part of CAPTA: the Emergency Child Abuse Prevention Services Grants (Section 107A of 

CAPTA), and the Community-Based Child Abuse and Neglect Prevention Grants (Title II of CAPTA). In addition, the 1994 amendments consolidated the Family Resource and Support Program, 

which was part of the Claude Pepper Young Americans Act of 1990 

(enacted as Title IX of the Augustus F. Hawkins Human Services 

Reauthorization Act of 1990). 

These amendments sought to establish and promote statewide 

networks of family support programs, using innovative approaches 

to blending funds and leveraging additional resources that were 

central to the Community-Based Child Abuse Prevention Grants. 

These programs were designed to operate with the same family 

support philosophy that was embedded in the Family Resource and 

Support program. 

This program was intended to further enhance the States’ abilities to develop comprehensive networks of family support programs. The funding was meant to supplement, rather than supplant, other State funding. The program encouraged States to leverage a broad array of public and private funding for the development of the networks. 

Congress intended that each State would choose an organization 

to act as the lead entity. The lead entity differs from State to State, 

but in each State it is the most appropriate organization to carry 

out the mission of the program. The lead entity is required to demonstrate the ability to work with other State and community-based 

agencies to provide training and technical assistance; a commitment to parental participation in the design and implementation of 

family resource programs; the capacity to promote a statewide network of family resource programs; and the capacity to exercise 

leadership in implementing effective strategies for capacity building, and access to funding for family resource services across agencies. 

The Community-Based Family Resource Program was authorized 

at $50 million for fiscal year 1995. The program was included as 

title II of the Child Abuse Prevention and Treatment Act and was 

authorized for only one year in order to put it on the same reauthorization cycle as the rest of CAPTA. 

The 1996 amendments to CAPTA rewrote Title II of the Act and 

renamed it the Community-Based Family Resource and Support 

Grants (Public Law 104–235). The Act further consolidated a number of small programs into the new program. The following programs were repealed as part of the consolidation: CommunityBased Family Resource Programs, the Temporary Child Care for 

Children with Disabilities and Crisis Nurseries Grants, and the 

Family Support Program (under the McKinney Homeless Assistance Act). 
9

FAMILY VIOLENCE PREVENTION AND SERVICES ACT

Between 1 and 4 million women experience serious assault by an 

intimate partner each year (US Department of Justice, 1998). The 

effects of that violence are felt on every level of society. Some 56 

percent of cities surveyed by the U.S. Conference of Mayors in 2000 

identified domestic violence as a primary cause of homelessness. 

Homicide is the leading cause of death for women in the workplace 

(Bureau of Labor Statistics, 1996). Domestic Violence costs our 

health care system between $5 and $10 billion (Texas Council on 

Family Violence, 2002) and our employers between $3 to $5 billion 

in lost productivity each year (Bureau of National Affairs, 1994). 

The American Psychological Association has found that exposure to 

domestic violence is the single strongest risk factor for transmitting 

violence from one generation to the next (1996). 

Victims of family violence need several sources of support to reestablish safety for themselves and their children. Shelter is critical. Shelters for abused women were first established in 1975. 

While the number of shelters and services for domestic violence victims in the United States has increased significantly, it has been 

estimated that three out of four women who seek the safety of a 

family violence shelter are denied access due to insufficient space. 

Shelters and transitional housing also play a crucial role in linking 

victims to appropriate services such as transportation, counseling, 

advocacy and other casework assistance. Without access to such 

supports, women continue to face the dilemma of living amidst violence or forgoing their economic livelihood. 

One of the most significant negative impacts of domestic violence 

is its impact on children. Studies have shown that child abuse occurs in 30–60 percent of domestic violence cases in families where 

there are children (Edleson, 1999). Too often service providers who 

encounter children in domestic violence situations are unable to 

provide appropriate services to those children. The need for positive 

intervention to help children is clear. 

Research shows not only that children may also be abused by the 

abusive spouse, but that children who are exposed to domestic violence suffer emotional problems including post-traumatic stress disorder, alcohol and substance abuse and suicidality. Research has 

also clearly concluded that children from violent homes struggle 

more in school. They have higher incidences of impaired concentration, poor school attendance, being labeled an underachiever, and 

difficulties in cognitive and academic functioning. And, according to 

the Office of Juvenile Justice and Delinquency Prevention at the 

U.S. Department of Justice, as many as 40 percent of violent juvenile offenders come from homes where there is domestic violence. 

Witnessing domestic violence has also been found to be the best 

predictor for becoming a perpetrator of domestic violence as an 

adult. (Osofsky and Fenichel, 2000). 

In 1984, The Family Violence Prevention and Services Act (Public Law 98–457) was enacted to assist States (and Indian tribes) to 

prevent family violence, to provide immediate shelter for victims of 

family violence and their dependents, and to provide technical assistance and training related to family violence programs. The programs under the act are administered by the Administration for 

Children, Youth, and Families within HHS. The act authorized 
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three grant programs: (1) demonstration grants to States (and Indian tribes) for prevention programs, shelters and related assistance; (2) law enforcement training and technical assistance grants 

for regionally based programs; and (3) information and training 

grants to foster cooperation between law enforcement agencies, domestic violence shelters, social service agencies and hospitals. 

The Family Violence Prevention and Services Act was reauthorized along with CAPTA in 1988, 1992, and 1996 (Public Laws 100–

294, 102–295, and 104–235).The 1996 revisions prohibited grants 

to entities other than a State or Indian tribe without a match and 

required not less than 70 percent be used for grants to states. 

ADOPTION OPPORTUNITIES ACT

The Adoption Opportunities Act was originally enacted in fiscal 

year 1978 as Title II of the Child Abuse Prevention and Treatment 

and Adoption Reform Act (Public Law 95–266). While it remains 

independent, the Adoption Opportunities program has consistently 

been reauthorized in legislation that separately extended and 

amended CAPTA (Public Laws 97–35, 98–457, 100–294, 102–295, 

and 104–235). The most significant reauthorization of this act occurred in 1992. These amendments included requiring the Secretary of Health and Human Services to conduct extensive recruitment efforts for potential adoptive parents and to promote professional leadership training of minorities in the adoption field. A 

total of $30 million was authorized for the act in fiscal year 1992, 

which included $10 million for general grant activities, $10 million 

for minority children placement grants, and $10 million for grants 

increasing the placement rate of foster children legally available for 

adoption. 

The act awards grants on a competitive basis to States and to 

public or private nonprofit child welfare or adoption agencies, 

among others, for several activities including a national exchange 

to link prospective parents with children who are free for adoption. 

It also provides training and technical assistance to States to help 

public and private agencies improve adoption practices. In addition, 

funds support an adoption information clearinghouse containing information on adoption in the United States. 

In 1996, the Adoption Opportunities Act was reauthorized along 

side of CAPTA by (Public Law 104–235). The Act required each 

state to improve state efforts to increase the placement of foster 

children legally free for adoption among other more minor modifications. 

ABANDONED INFANTS ASSISTANCE ACT

The Abandoned Infants Assistance Act was enacted in fiscal year 

1988 (Public Law 100–505) in response to problems with substance 

abusing parents and the increase in the number of boarder babies 

abandoned in hospitals. The program funds discretionary grants to 

public and private nonprofit organizations for a number of activities related to the needs of these children, in particular those with 

Acquired Immune Deficiency Syndrome (AIDS). These activities include programs aimed at preventing the abandonment of children 

and the recruitment and training of health and social service personnel. This program is administered by the Administration on 
11

Children, Youth and Families of the Department of Health and 

Human Services. 

Despite the lack of conclusive evidence, at the time the law was 

enacted there was widespread consensus among experts in the field 

that crack cocaine was the driving force behind an increasing number of children entering foster care and the fairly new phenomenon 

of boarder babies. The Abandoned Infants Assistance Act targets 

its funds to boarder babies, rather than drug-affected children in 

general. Drug-affected children and their mothers can receive services under several Federal programs including the Social Services 

Block Grant, Child Welfare Services, the Child Abuse Prevention 

and Treatment Act, the Promoting Safe and Stable Families Program, Medicaid, and the Maternal and Child Health Block Grant 

(title V of the Social Security Act). As drug-affected children (including boarder babies) and their families require more attention, 

providing prevention services and coordinating services among programs are issues that may need to be addressed. 

The Abandoned Infants Assistance Act Amendments of 1991 

(Public Law 102–236) extended the Abandoned Infants Act through fiscal year 1995 and set the authorization level at $25 million for 

fiscal year 1992. The act authorized new residential service centers 

to provide support to infants, and young children and their natural, 

foster, and adoptive families. 

In 1996, the Abandoned Infants Assistance Act was reauthorized 

along side of CAPTA by (Public Law 104–235). The Act directed the 

Secretary to give priority in making grants to applicants in states 

that have developed and implemented proceedings for expedited 

termination of parental rights and placement for adoption of infants determined to be abandoned under state law. 

II. CURRENT COMMITTEE ACTION

The Committee met in Executive Session on September 25, 2002 

to consider S. 2998, the Keeping Children and Families Safe Act. 

The Committee adopted the bill without amendment. 

III. EXPLANATION OF LEGISLATION AND COMMITTEE VIEWS

General goals 

The Committee has three general goals for CAPTA reauthorization: (1) to encourage new training and better qualifications for 

CPS workers; (2) to encourage links between agencies to better improve services for children; and (3) to strengthen initiatives to prevent child abuse and neglect. 

TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT 

National Clearinghouse for information relating to child abuse 

Section 111 modifies Section 103(b) to ensure that the Clearinghouse maintains information on 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. The Clearinghouse 

also would be required to maintain information about the best 

practices used for achieving improvements in child protection sys-
12

tems; and, provide technical assistance related to improving handling of child physical and sexual abuse cases and provide information about training resources for state and local individuals across 

a variety of disciplines who work, or may work with, child abuse 

and neglect cases. 

Best practices for referrals 

Section 103(c)(1) is amended to require HHS to 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. 

The Committee believes that children that come to the attention 

of the child welfare system may be at greater risk for health problems than other children and therefore continues to emphasize the 

importance of collaborative approaches, linkages and effective 

interagency collaboration between CPS and health care, mental 

health care, and other services to ensure that children receive the 

help that they need. 

Studies have shown that many abused and neglected children 

show language, speech, and other developmental delays; low selfesteem; aggressive behavior; difficulty relating to peers; and, impaired capacity to trust others. A 1999 Department of Justice study 

reported that on average, children who have been abused or neglected commit crimes at an earlier age, commit twice as many 

crimes as other children, and are arrested more frequently. 

Research 

Section 112 amends Section 104(a) to include longitudinal studies 

as part of the interdisciplinary research HHS must conduct on 

child abuse and neglect and requires that HHS must primarily 

focus this research on certain topics, including development and 

identification of successful early intervention services or other services that are needed; the evaluation and dissemination of best practices consistent with the goals of achieving improvements in the 

child protection services systems to promote effective approaches to 

interagency collaboration between the child protection system and 

the juvenile justice system that improve the delivery of services 

and treatment; an evaluation of the redundancies and gaps in services to make better use of resources; and 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. 

In addition, this Section requires the Secretary to undertake a 

National Incidence Study (NIS) and requires the study to include 

the incidence and prevalence of child maltreatment by a wide array 

of demographic characteristics. The Secretary is required to submit 

the National Incidence Study to Congress no later than 4 years 

after the date of enactment. 

The Committee encourages the Secretary to use a wide array of 

demographic characteristics in conducting the new NIS. It is the 

Committee’s intent in requesting such a wide array of characteristics to better understand the demographics of child abuse and neglect, to better target services to those who need them and to better 

target prevention initiatives to at-risk families. 
13

The Committee also recommends that the Secretary carry out a 

program of research that is designed to provide information regarding the availability and accessibility of programs and services for 

the prevention, assessment, identification, investigation, and treatment of child abuse and neglect in rural areas. Research should 

focus on factors which may include the availability and accessibility 

of health care professionals trained in the identification and treatment of child abuse and neglect, court appointed special advocates, 

guardian ad litem, multi-disciplinary child advocacy centers and 

other programs and services that the Secretary deems necessary. 

Rural, for the purposes of this demonstration, is defined consistent 

with the Rural Domestic Violence Grant Program, as a state that 

has a population density of 52 or fewer people per square mile or 

a state in which the largest county has fewer than 150,000 people. 

Because the Committee is concerned about abused children having access to appropriate mental health services where needed, the 

Committee has included a study to review the practice of voluntarily relinquishment of children simply to enable them to access 

mental health services. The Committee is further concerned by reports that some States are sending these children out of state to 

receive treatment and may be ill-equipped to monitor them to ensure that they are not subject to further abuse in residential or private care facilities. The Committee recommends that the Secretary 

undertake a study of this issue so that we may better understand 

the nature, scope and severity of the problem in order to respond 

to the needs of these children with mental health problems and 

their families. 

Technical assistance 

This Section also amends Section 104(b) to include private agencies and community-based organizations as organizations who 

should receive technical assistance in planning and carrying out 

programs related to preventing, identifying, and treating child maltreatment as well as for effective approaches being utilized to link 

child protection 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. 

Demonstration programs and projects 

The Committee has moved ‘‘Demonstration Programs’’ from section 105 of current law to Section 104 of CAPTA. The revised Section 105 allows states, public organizations, and private organizations to apply for funding specific programs to improve CPS systems and protect children. 

As revised, such projects include: 

(1) Promotion of Safe, Family-Friendly Physical Environments for Visitation and Exchange;

(2) Education Identification, Prevention, and Treatment 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 for projects that provide for the development of risk and safety assessment tools relating to child abuse and neglect; 
14

(4) Training for projects that involve innovative training for 

mandated child abuse and neglect reporters; and 

(5) Comprehensive Adolescent Victim/Victimizer Prevention 

Programs. 

The Committee has emphasized projects that hold the promise of 

improving both the CPS system and the safety of children. A new 

demonstration project has been added to promote the development 

and implementation of better risk and safety assessment tools. The 

Committee urges the Secretary to fund time-limited demonstration 

programs which evaluate various approaches to risk assessment 

and reliable tools for CPS caseworkers to use in determining the 

need, if any for follow-up. 

Another new demonstration project has been added to allow the 

Secretary to award grants to organizations that demonstrate innovation in preventing child sexual abuse through school-based programs in partnership with parents and community-based organizations to establish a network of trainers who will work with schools 

to implement the program. The program shall be comprehensive, 

meet state guidelines for health education, and should reduce child 

sexual abuse by focusing on prevention for both adolescent victims 

and victimizers. 

Training 

The Committee is very concerned with the multitude of problems 

revealed in the APHSA–CWLA report about the condition of the 

CPS workforce. In FY2000, turnover rates among CPS and other 

direct service workers were high—22 percent and 18 percent respectively. As states face turnover problems, the issue of training 

must be addressed. The level of training varies by state and availability of funding. CPS workers face many situations that place 

their own safety at risk. They must be prepared to face a variety 

of complex situations and emotions as they confront families with 

allegations of abuse. In addition, professionals from many other 

agencies are in positions to identify potential child abuse and neglect cases, including medical personnel, teachers, and law enforcement personnel. The Committee is concerned that because of staffing shortages, training often takes a back seat, and as a result 

urges the Secretary to fund projects that improve the training opportunities for CPS workers as well as workers in related fields. 

The Committee urges the Secretary to pay particular attention to 

proposals that will support the cross-training of individuals, especially in identifying substance abuse and domestic violence. Section 

105(a) has been amended to provide grants for programs designed 

to improve training to CPS and other child and family service 

workers, (including supervisors). Suggested projects include training workers on how to best work with families from initial investigation through treatment; cross-training to better recognize neglect, domestic violence or substance abuse in a family; training to 

strengthen linkages between CPS and health agencies including 

physical and mental health services and to promote partnerships 

that offer creative approaches to meet the needs of abused children. 

The Committee is also very concerned by the lack of uniform 

training opportunities being made available to court appointed special advocates (CASAs) and guardian ad litem and has included 
15

provisions to ensure that they have training appropriate to the 

role. 

Finally, the Committee calls for a GAO study on CPS training 

to better understand the nature and scope of CPS training challenges and requests recommendations to improve such training. 

Links to services 

Throughout several sections of the bill, the Committee seeks to 

encourage creating or improving links between child protection 

services and education, health, mental health, and judicial systems 

to ensure that children who are abused or neglected are properly 

identified and receive referrals to appropriate services. The bill 

would encourage greater collaboration between child protection 

services and the juvenile justice system to ensure that children 

who move between these two systems do so smoothly and receive 

appropriate services. In addition, the bill would promote partnerships between public agencies and community-based organizations 

to provide child abuse and neglect prevention and treatment programs and would require States, as a condition of receiving State 

grant money, to have policies and procedures to have triage for the 

referral of a child not at imminent risk of harm to a community 

or voluntary child maltreatment prevention service. 

Individual rights 

The Committee has also included a requirement for training of 

CPS workers on their legal responsibilities in order to protect the 

constitutional and statutory rights of children and families. 

While the Committee is strongly committed to the main mission 

of the child protective services system—to ensure that child safety 

and the best interests of the child are protected, the Committee believes it is important for child protective services personnel to understand and respect Fourth amendment limitations on their right 

to enter a home when investigating an allegation without a court 

order. 

The Committee firmly believes that individuals being investigated for alleged child maltreatment should be informed of the 

specific allegations made against them. S. 2998 addresses this 

issue by requiring states to have policies and procedures in place 

to require child protection workers, at the initial time of contact, 

to advise individuals who are subject to a child abuse and neglect 

investigation of the complaints or allegations made against them. 

However, it is not the intent of the Committee for caseworkers to 

relay information that may reveal the source of such allegation. 

The Committee recognizes that it is a basic right for all citizens to 

be informed of what crime they are being accused of at the time 

they are being asked for an interview or entry into their home. 

Mutual support programs 

This section continues to call for funding of mutual support programs but removes a specific example of such an organization from 

the federal statute. Many community-based organizations such as 

Parents Anonymous and Prevent Child Abuse America have historically provided many valuable mutual support services for families at the local level. The Secretary is encouraged to consider such 

organizations and others that operate programs that incorporate 
16

quality standards and demonstrate effectiveness in their efforts to 

prevent child abuse and neglect. 

Citizen Review Panels 

The Committee has modified the section on Citizen Review Panels to 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 assess whether state and 

local CPS agencies are effectively accomplishing their duties. 

In order to be more efficient, States could form a smaller group 

to review statewide CPS operations. In this way, in states with 

three Citizen Review Panels, three panels will not be reviewing 

state CPS operations, but instead could focus their efforts on local 

CPS operations. 

Protecting infants prenatally exposed to drugs 

S. 2998 includes a requirement for States to have in place policies and procedures (including appropriate referrals to CPS systems and for other appropriate services) to address the needs of infants born and identified with illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Currently, 12 states and the District of Columbia have some form of 

specific reporting procedures for infants born addicted to drugs or 

alcohol. The Committee believes that any child who is experiencing 

symptoms or showing signs of addiction to or withdrawal from 

drugs should, at a minimum, receive prompt and appropriate medical care and a referral to child protective services for further investigation and intervention, where warranted. While the committee felt constrained, because of limited ability to detect and diagnose it at birth, not to include prenatal exposure to alcohol in 

this requirement, the Committee remains concerned about the affects of alcohol on infants and possible later diagnosis of fetal alcohol syndrom. 

The Committee wants to be clear that it is not intending to preempt State law regarding what constitutes child abuse or requirements for prosecution, nor does the Committee intend to signal 

that States should no longer investigate cases involving prenatal 

exposure to alcohol. 

Opportunity Passports 

The Committee is concerned about youth in foster care who are 

aging out of the foster care system. The Committee has worked 

with the Senate Finance Committee (with jurisdiction over the 

Independent Living Program and Title IV-E of the Social Security 

Act regarding foster care) to promote ‘‘Opportunity Passports’’ and 

‘‘Individual Development Accounts’’ to better ease the transition for 

those aging out of foster care, to improve medical care for those in 

foster care, and to provide access to school records to ensure that 

youth have access to vital information in a manner that promotes 

continuity. 

The Committee has authorized a limited demonstration program 

to make grants to eligible partnerships of public agencies or private 

nonprofit organizations in not more than 10 States to assist the 

partnerships in developing and implementing methods of providing 
17

long- and short-term financial security for youth in foster care and 

youth aging out of foster care. 

A partnership that receives a grant shall use the funds made 

available through the grant to carry out one or more of the following activities: 

(i) Opportunity Passports—Develop and provide, for youth in foster care and aging out of foster care, electronic opportunity passports, electronic cards or secure Internet databases that contain 

medical records, legal identification (analogous to a Social Security 

card or birth certificate), and school transcripts, to ensure that the 

youth can carry or readily access the vital information. 

(ii) Individual Development Accounts—Establish and provide individual development accounts, to assist youth in foster care and 

aging out of foster care to obtain postsecondary education, pay for 

housing, pay for medical care, or operate a business. In establishing and providing such an account, the partnership shall provide a small amount of seed money and shall require the account 

holder to attend money management training and contribute to the 

account before receiving access to the account. 

The Committee is very concerned that information maintained by 

a partnership as part of carrying out a grant remain private and 

confidential and shall not be disclosed without the informed consent of the individual or otherwise in accordance with applicable 

Federal, State, or local laws relating to medical privacy. An entity 

that discloses information in violation of this clause shall be subject 

to applicable Federal, State or local laws relating to the unlawful 

disclosure of confidential information. 

Community-based grants for the prevention of child abuse and neglect 

The Committee has revised the current Community-Based Family Resource and Support Grants program to ensure that grant 

funds are allocated to a wide array of community-based organizations for the prevention of child abuse and neglect.

Although the Committee has deleted references to ‘‘network’’ in 

many places, it is not the intent of the Committee to alter state 

practices of funding networks or to de-emphasize the important 

role that networks can play in conducting prevention programs. Although the Committee has deleted ‘‘family resource and support 

programs’’ from this Section, to replace that term with ‘‘communitybased programs and activities’’, the Committee does not intend to 

de-emphasize the role that resource and support programs play or 

to alter state practices in any way. It should be clear from the definition of community-based programs and activities designed to prevent child abuse and neglect, that Family Resource Centers and 

Family Support Centers are included under the definition of the 

new term as are other community-based organizations who may 

not have previously participated in this program. 

With regard to core services to be provided, the committee retains current law. However, respite care is expensive. The Committee believes that community-based groups should continue their 

current leveraging efforts to seek alternative funding for respite 

care from other sources. 
18

TITLE II—AMENDMENTS TO FAMILY VIOLENCE 

PREVENTION AND SERVICES ACT 

National Domestic Violence Hotline and electronic network 

As amended by Section 211, this Section establishes a highly secure electronic network to link domestic violence shelters and service providers and the National Domestic Violence Hotline on a confidential website. The website would provide a continuously updated list of shelter availability anywhere in the United States at 

any time and would provide comprehensive information describing 

the services each shelter provides such as medical, social and bilingual services. It would also provide internet access to shelters that 

do not have appropriate technology. The Section is authorized at 

$5,000,000 in fiscal year 2003 and such sums for fiscal years 2004 

through 2007. 

The Committee believes it is important to establish a website 

that would allow National Domestic Violence Hotline operators, 

who have received over 700,000 calls since the Hotline’s inception 

in 1996, shelter based advocates and relevant state and local domestic violence service providers around the country to more quickly and easily find the most appropriate shelter for families seeking 

safety from abuse. By establishing a highly secure and confidential 

web site to keep a continuously updated, nationwide list of available shelter and services for victims of domestic violence and their 

families, the grantee would help ensure that whenever a woman 

calls the Hotline or a shelter seeking help, the operator could immediately place the caller in the most appropriate shelter to meet 

her family’s needs for safety, location, language and other services 

without the caller ever having to hang up the phone. 

The Committee is aware of the existence of a web-link program 

based in the State of Minnesota. Minnesota’s Day One Program 

has run a highly successful, confidential web site that links every 

shelter in the State. Day One reports that 90 percent of women and 

children who call are assured appropriate services and shelter in 

a single call. This is critical since needing to make and receive multiple followup calls to find the most appropriate shelter has been 

a major barrier for women trying to escape an unsafe situation. In 

addition, based on the Day One experience, the committee believes 

that the new technology will save staff time by reducing the number of calls staff has to make to find the best placement for clients. 

Children Exposed to Domestic Violence Program 

The Committee authorizes the creation of a new program aimed 

at addressing the needs of Children Exposed to Domestic Violence. 

The Bureau of Justice Statistics reported in 2000 that of all houses 

where there is violence between adults, 43 percent have children 

younger than 12. There is overwhelming evidence that witnessing 

domestic violence in the home leads to significant health, emotional 

and educational problems for youth. In addition, there is strong 

evidence to show that children exposed to domestic violence are 

more likely to commit crimes as juveniles and as adults. Research 

further indicates that many women who have been abused return 

to abusive relationships as adults and often people who have suffered abuse end up being abusers themselves, thus perpetuating 

the cycle of family violence between generations. 
19

The Committee believes that service providers need to be better 

able to address the unique needs of these children so as to prevent 

the significant problems associated with exposure to domestic violence. The Committee therefore supports funding programs for domestic violence shelters and service providers to provide counseling 

and other supports such as advocacy, respite care, educational and 

other services to address the unique needs of children. The Committee also supports training and collaboration between domestic 

violence experts, child welfare workers and where appropriate, 

courts and law enforcement, to better understand the dynamics of 

domestic violence, the impact of domestic violence on children and 

how best to support and make safe both the child and the nonabusing parent. 

Finally, the Committee believes that a multi-system intervention 

program, where domestic violence service providers work with education, public health, mental health, Head Start and other agencies 

to provide mental health services and support to children who witness domestic violence and their non-abusing parents is an essential approach to addressing the enduring impacts of exposure to violence on children. 

As authorized, this program will provide competitive grants for 

shelters and other domestic violence service providers to run programs to address the physical, emotional and logistical needs of 

children who enter their programs with mothers who are abused. 

It provides grants to local agencies for the training of child welfare, 

and where appropriate, court and law enforcement personnel to assist them in addressing cases where child abuse and domestic violence intersect. Finally, it provides funds to nonprofit agencies to 

bring various service providers together to design and implement 

multi-system intervention programs for children exposed to domestic violence. 

TITLE III—ADOPTION OPPORTUNITIES ACT

Eliminating barriers to interjurisdictional adoptions 

The Adoption Opportunities Act is intended to eliminate barriers 

to adoption and to provide permanent homes for children who 

would benefit from adoption, particularly special needs children. 

The Committee has revised this section to call attention to the 

need to eliminate continued geographic barriers to adoption, as 

well as the need to improve efforts to increase the number of older 

children who are adopted (who are in foster care and who currently 

are least likely to be adopted). 

S. 2998 gives the Secretary of Health and Human Services the 

authority to make grants: (1) to develop a uniform home study and 

protocol for acceptance of home studies between States and jurisdictions; (2) to develop models of financing cross-jurisdictional 

placements; (3) to expand the capacity of all adoption exchanges to 

serve increasing numbers of children; (4) to develop training materials and to train social workers on preparing and moving across 

state lines; and (5) to develop and support initiatives for networking among agencies, adoption exchanges, and parent support 

groups across jurisdictional boundaries. 

In addition, the committee requires HHS to study the nature, 

scope and effect of interstate placement of children in adoptive 
20

homes by public and private agencies and how interstate placements are being financed across State lines and to, in consultation 

with the General Accounting Office, submit to the Committee on 

Health, Education, Labor, and Pensions of the Senate and the 

Committee on Education and Workforce of the House of Representatives a report that contains recommendations for an action plan 

to facilitate the interjurisdictional adoption of foster children no 

later than 1 year after the date of enactment of this Act. 

TITLE IV—ABANDONED INFANTS ASSISTANCE ACT 

Under current law, grantees must ensure priority for their services is given to abandoned infants and young children who are 

HIV-infected, perinatally exposed to HIV, or perinatally drug-exposed. The Committee revised the Act to maintain priority service 

for these children, but broaden the priority category to include 

abandoned infants and young children who have life-threatening 

illnesses or other special medical needs. 

IV. REGULATORY IMPACT STATEMENT

A. REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee has determined that there will 

be minimal increases in the regulatory burden imposed by this bill. 

Impact on individuals and businesses 

In general, the bill provides grants to states and public and private agencies to assist in identifying, assessing, investigating, 

treating, and preventing child abuse and neglect. Regulations are 

needed to implement these grants in specified areas but do not affect individuals or businesses, unless they choose to apply for such 

funds. 

Impact on personal privacy and paperwork 

The bill provides grants to states and public and private agencies 

to assist in identifying, assessing, investigating, treating, and preventing child abuse and neglect. The bill should not increase the 

amount of personal information and paperwork required. 

B. UNFUNDED MANDATES STATEMENT

Estimated impact on state, local, and tribal governments 

According to the Congressional Budget Office, the bill contains no 

intergovernmental mandates as defined in the Unfunded Mandates 

Reform Act (UMRA). The bill places several new requirements and 

limitations on state programs as conditions of receiving assistance. 

For example, the bill requires states to have policies and procedures to have triage for the referral of a child not at imminent risk 

of harm to a community or voluntary child maltreatment prevention service; to improve the training, retention, and supervision of 

caseworkers; to have procedures (including appropriate referrals to 

CPS systems and for other appropriate services) to address the 

needs of infants born and identified with illegal substance abuse or 

withdrawal symptoms resulting from prenatal drug exposure; to require disclosures of confidential information to any Federal, State, 
21

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; to require 

that a representative of the CPS 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; and, to require background checks on all adults in prospective foster care households. 

The Committee has determined that there may be increased demands upon states due to the new conditions for assistance under 

Section 106. However, the Committee believes it is appropriate to 

require such new conditions given the state of the nation’s CPS 

system and its mission to protect children from abuse and neglect. 

V. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

The Committee has determined that there is no legislative impact.

VI. COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 25, 2002. 

Hon. EDWARD M. KENNEDY, 

Chairman, Committee on Health Education, Labor, and Pensions, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2998, the Keeping Children 

and Families Safe Act of 2002. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Donna Wong. 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

S. 2998—Keeping Children and Families Safe Act of 2002

Summary: S. 2998 would reauthorize certain programs under the 

Child Abuse Prevention and Treatment Act, the Child Abuse Prevention, Treatment and Adoption Reform Act of 1978, and the 

Abandoned Infants Assistance Act of 1988, through 2007. These 

programs were authorized through 2001 and were continued in 

2002 by the Department of Health and Human Services Appropriations Act, 2002. It also would extend authorizations through 2007 

for some programs authorized under the Family Violence Prevention and Services Act. Most programs under the act are currently 

authorized through 2005. The bill would authorize total appropriations of $350 million in 

2003. CBO estimates that total authorizations under S. 2998 would 

amount to about $2.2 billion over the 2003–2007 period, assuming 

that annual levels are adjusted to keep pace with inflation when 

specific annual authorizations are not provided. (Without such inflation adjustments, the authorization total would be about $2.1 

billion over the 2003–2007 period.) CBO estimates that appropria-
22

tions of the authorized levels would result in additional outlays of 

$1.4 billion over the 2003–2007 period, if inflation adjustments are 

included. 

Enacting the bill would not affect direct spending or receipts; 

therefore, pay-as-you-go procedures would not apply. S. 2998 contains no intergovernmental or private-sector mandates as defined 

in the Unfunded Mandates Reform Act (UMRA). The bill would authorize $350 million in grants in 2003 ($2.2 billion over the 2003– 2007 period), and a significant portion of those funds would be 

available to state, local, and tribal governments. Any costs those 

governments incur to fulfill requirements of the grants would be 

considered conditions of assistance and thus voluntary.

Estimated Cost to the Federal Government: The estimated budgetary impact of S. 2998 is shown in Table 1. The costs of this legislation fall within budget function 500 (education, training, employment and social services).

TABLE 1. ESTIMATED BUDGETARY EFFECTS OF S. 2998, THE KEEPING CHILDREN AND FAMILIES 

SAFE ACT OF 2002

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION

With Adjustments For Inflation

Spending under current law: 

Budget authority/authorization level 1 ................................. 254 183 183 183 0 0

Estimated Outlays ............................................................... 231 233 195 182 159 54

Proposed changes: 

Estimated authorization level ............................................. 0 350 356 363 552 558

Estimated outlays ................................................................ 0 39 189 282 359 501

Spending under S. 2998: 

Estimated authorization level ............................................. 254 533 539 546 552 558

Estimated outlays ................................................................ 231 272 384 464 519 555

Without Adjustments For Inflation

Spending under current law: 

Budget authority/authorization level 1 ................................. 254 183 183 183 0 0

Estimated outlays ................................................................ 231 233 195 182 159 54

Proposed changes: 

Estimated authorization level ............................................. 0 350 350 350 533 533

Estimated outlays ................................................................ 0 39 189 278 351 487

Spending under S. 2998: 

Estimated authorization level ............................................. 254 533 533 533 533 533

Estimated outlays ................................................................ 231 272 384 460 511 541

1 The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse Prevention and Treatment Act, the 

Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the Abandoned Infants Assistance Act of 1988, and the Family Violence 

Prevention and Services Act. The amounts shown for 2003 through 2005 are current authorization levels for certain programs under the Family Violence Prevention and Services Act.

Note.—Components may not sum to totals because of rounding. 

S. 2998 would authorize funding through 2007 for various programs created under the Child Abuse Prevention and Treatment 

Act, the Child Abuse Prevention, Treatment and Adoption Reform 

Act of 1978, the Abandoned Infants Assistance Act of 1988, and the 

Family Violence Prevention and Services Act. Programs authorized 

under the first three acts would be reauthorized at specific levels 

for 2003 and for such sums as may be necessary for 2004 through 

2007. Programs authorized by the Family Violence Prevention and 

Services Act, most of which are already authorized through 2005, 

would be extended at current or increased through 2007. 
23

S. 2998 would authorize the appropriation of $350 million in 

2003. CBO estimates that this bill would authorize total funding of 

$2.2 billion over 2003–2007 period assuming that ‘‘such sums’’ amounts provided after 2003 are adjusted for inflation. If the authorized amounts are appropriated, outlays would increase by $39 

million in the first year and by $1.4 billion over the five-year period. 

Table 2 presents CBO’s estimates with inflation adjustments for 

the various components of each title under S. 2998. Unless annual 

amounts are specified, CBO’s estimate of authorized levels is the 

authorized amount for 2003 with those amounts inflated in later 

years. The estimated outlays reflect historical rates of spending for 

the affected programs. 

Title I—Child Abuse Prevention and Treatment Act 

Title I of S. 2998 would reauthorize and revise programs currently authorized under the Child Abuse Prevention and Treatment Act. The bill also would create one new program. S. 2998 

would authorize a total of $210 million for 2003 for all programs 

under title I. CBO estimates the total funding for title I for 2003– 2007 period would be about $1.1 billion, assuming adjustments for 

inflation, with resulting outlays of about $650 million over those 

five years. 

Opportunity Passports and Other Assistance.—S. 2998 would create a new demonstration grant program to assist partnerships between public agencies and private nonprofit organizations develop 

and implement methods of providing financial security for youth in 

and aging out of foster care. Grant recipients could use the funds 

either to create electronic cards for youth that would contain vital 

information (opportunity passports), or to create individual development accounts for youth to help them pay for college and other 

expenses. The bill would authorize the appropriation of $10 million 

in 2003 and such sums as may be necessary in years 2004 through 

2007.

TABLE 2. DETAILED EFFECTS OF S. 2998, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 

2002, WITH ADJUSTMENTS FOR INFLATION 

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION

Spending under current law: 

Budget authority/authorization level 1 ................................. 254 183 183 183 0 0

Estimated outlays ................................................................ 231 233 195 182 159 54

PROPOSED CHANGES 

Title I—Child Abuse Prevention and Treatment Act 

Opportunity Passports and Other Assistance: 

Estimated authorization level ............................................. 0 10 10 10 11 11

Estimated outlays ................................................................ 0 1 3 7 10 10

Child Abuse Prevention State Grants and Discretionary Activities: 

Estimated authorization level ............................................. 0 120 122 125 127 130

Estimated outlays ................................................................ 0 6 59 97 114 121

Community-Based Resource Centers: 

Estimated authorization level ............................................. 0 80 82 83 85 87

Estimated outlays ................................................................ 0 6 19 44 73 81

Subtotal, Title I: 

Estimated authorization level ............................................. 0 210 214 219 223 228

Estimated outlays ................................................................ 0 12 80 148 196 212
24

TABLE 2. DETAILED EFFECTS OF S. 2998, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF 

2002, WITH ADJUSTMENTS FOR INFLATION—Continued

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

Title II—Amendments to Family Violence Prevention and 

Services Act 

Family Violence Prevention and Services/Battered Women’s 

Shelter: 2

Authorization level ............................................................... 0 0 0 0 175 175

Estimated outlays ................................................................ 0 0 0 0 21 138

National Domestic Violence Hotline: 2

Authorization level ............................................................... 0 3 3 3 5 5

Estimated outlays ................................................................ 0 3 3 3 5 5

Demonstration Grants for Community Initiatives: 2

Authorization level ............................................................... 0 0 0 0 6 6

Estimated outlays ................................................................ 0 0 0 0 1 4

Transitional Housing Assistance: 

Authorization level ............................................................... 0 25 25 25 25 25

Estimated outlays ................................................................ 0 15 24 24 25 25

National Domestic Violence Hotline Enhancement: 

Estimated authorization level ............................................. 0 5 5 5 5 5

Estimated outlays ................................................................ 0 1 4 5 5 5

Services for Children Exposed to Domestic Violence: 

Authorization level ............................................................... 0 20 20 20 20 20 

Estimated outlays ................................................................ 0 2 16 19 20 20 

Subtotal, Title II: 

Estimated authorization level ............................................. 0 53 53 53 236 236

Estimated outlays ................................................................ 0 21 46 51 76 198 

Title III—Adoption Opportunities 

Adoption Opportunities: 

Estimated authorization level ............................................. 0 40 41 42 42 43

Estimated outlays ................................................................ 0 2 28 37 39 41 

Title IV—Abandoned Infants Assistance 

Abandoned Infants Assistance: 

Estimated authorization level ............................................. 0 45 46 47 48 49 

Estimated outlays ................................................................ 0 2 33 43 46 48

Administrative Expenses for Abandoned Infants Assistance: 

Estimated authorization level ............................................. 0 2 2 2 2 2

Estimated outlays ................................................................ 0 2 2 2 2 2

Subtotal, Title IV: 

Estimated authorization level ............................................. 0 47 48 49 50 51 

Estimated outlays ................................................................ 0 4 36 46 48 50

Total proposed changes: 

Estimated authorization level ............................................. 0 350 356 363 552 558

Estimated outlays ................................................................ 0 39 189 282 359 501 

Total spending under S.2998: 

Estimated authorization level ............................................. 254 533 539 546 552 558

Estimated outlays ................................................................ 231 272 384 464 519 555

1 The 2002 level is the amount appropriated for that year for programs authorized under the Child Abuse Prevention and Treatment Act, the 

Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The 2003–2005 amounts are current authorization levels for certain programs under the Family Violence Preven- tion and Services Act. 2 The Family Violence Prevention and Services/Battered Women’s Shelter program, National Domestic Violence Hotline, and Demonstration 

Grants for Community Initiatives programs are currently authorized until 2005. Table 2 shows only new authorizations. See text for a description of authorizations.

Notes.—Components may not sum to totals because of rounding. 

Child Abuse Prevention Programs.—S. 2998 would authorize 

$120 million in 2003 for the Child Abuse and Neglect State Grant 

program and the Child Abuse Discretionary Activities program and 

such sums as may be necessary in 2004 through 2007. The state 

grant program provides formula grants to states to improve child 

protection services. The discretionary activities program awards 

funds to other public agencies or private organizations for specific 

child abuse prevention projects. The two programs were funded at 

$48 million in 2002. 
25

Community-Based Resource Centers.—The bill also would authorize $80 million in 2003 and such sums as may be necessary over 

the 2004–2007 period for grants to support community-based efforts to develop and expand initiatives aimed at the prevention of 

child abuse. The program is funded at $33 million in 2002. 

Title II—Amendments to the Family Violence Prevention and 

Services Act 

Title II of S. 2998 would reauthorize and revise programs currently authorized under the Family Violence Prevention and Services act. This title also would create two new programs. CBO estimates that S. 2998 would authorize a total of $53 million in 2003 

and about $630 million over the 2003–2007 period for all programs 

under title II. The Family Violence Prevention and Services act already authorizes most of these appropriations through 2005, and 

this bill would extend the authorizations through 2007. 

Family Violence Prevention and Services/Battered Women’s Shelter Program.—The bill would extend the authorization of the Family Violence Prevention and Services/Battered Women’s Shelter program from 2005 through 2007. The program provides grants to 

states to provide shelter and assistance to victims of domestic violence. The current authorization is $175 million annually through 

2005. The program is funded at $124 million in 2002. 

National Domestic Violence Hotline.—S. 2998 would authorize $5 

million in each year from 2003 through 2007 for the National Domestic Violence Hotline. The hotline is a national toll-free telephone hotline that provides information and assistance to victims 

of domestic violence throughout the United States. The program 

currently is authorized at $2 million annually through 2005 by the 

Family Violence Prevention and Services Act, and received an appropriation of that amount in 2002. 

Demonstration Grants for Community Initiatives.—The bill would 

extend the authorization for grants for community initiatives 

through 2007. The program awards grants to nonprofit organizations to coordinate domestic violence intervention and prevention 

programs in local communities. The program is currently authorized at $6 million annually through 2005 and is funded at $6 million in 2002. 

Transitional Housing Assistance.—S. 2998 would authorize $25 

million in each of the fiscal years 2003 through 2007 for housing 

assistance for victims of domestic violence. The program was authorized at $25 million for 2001, but the program has never been 

funded. 

National Domestic Violence Hotline Enhancement.—The bill 

would authorize $5 million in 2003 and such sums as may be necessary in years 2004 through 2007 for the creation of a national 

website that would link domestic violence shelters, service providers and the National Domestic Violence Hotline. 

Services for Children Exposed to Domestic Violence.—S. 2998 

would authorize $20 million in each year from 2003 through 2007 

for a new competitive grant program for domestic violence shelters 

and other service providers to run programs to address the needs 

of children of abused parents. 
26

Title III—Adoption Opportunities 

The bill would authorize $40 million in 2003 and such sums as 

may be necessary for the next four fiscal years for the Adoption Opportunities program currently authorized under the Child Abuse 

Prevention and Treatment and Adoption Reform Act of 1978. The 

Adoption Opportunities program provides funds to organizations 

for programs to eliminate barriers to adoption. Projects include a 

national adoption exchange system, legal services programs, and 

programs to increase the adoption rates of minority children. These 

activities are funded at $27 million in 2002. 

Title IV—Abandoned Infants Assistance 

S. 2998 would authorize $45 million in 2003 and such sums as 

may be necessary for the next four fiscal years for the Abandoned 

Infants Assistance program currently authorized under the Abandoned Infants Assistance Act of 1988. That program provides funds 

to public and private organizations for programs that prevent abandonment of infants with HIV/AIDS, assist abandoned infants, and 

recruit and train foster parents and health and social services professionals. The bill also would authorize about $2 million in each 

fiscal year for administrative expenses. The program is funded at 

$12 million in 2002. 

Pay-as-you-go considerations: None.

Intergovernmental and private sector mandate: S. 2998 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. The bill would authorize $350 million in grants in 2003 

($2.2 billion over the 2003–2007 period), and a significant portion 

of those funds would be available to state, local, and tribal governments. Any costs those governments incur to fulfill requirements of 

the grants would be considered conditions of assistance and thus 

voluntary. 

Previous estimate: On April 4, 2002, CBO transmitted a cost estimate for H.R. 3839, the Keeping Children and Families Safe Act 

of 2002, as ordered reported by the House Committee on Education 

and the Workforce on March 20, 2002. In most cased the estimate 

authorizations of appropriations in S. 2998 are identical to those in 

H.R. 3839; however, S. 2998 would create three new programs and 

would authorize higher appropriations for the National Domestic 

Violence Hotline. 

Estimate prepared by: Federal costs: Donna Wong; Impact state, 

local, and tribal governments: Leo Lex; impact on the private sector: Kate Bloniarz. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

VII. SECTION-BY-SECTION ANALYSIS

THE KEEPING CHILDREN AND FAMILIES SAFE ACT, S. 2998

Section 1. Short title 

This Act may be cited as the ’’Keeping Children and Families 

Safe Act of 2002’’. 
27

Sec. 2. Table of contents 

TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT 

Sec. 101. Findings 

Section 2 updates the findings under the act with the most recent data available. 

Subtitle A—General Program 

Sec. 111. National Clearinghouse for information relating to child 

abuse 

Section 111 modifies Section 103(b) to ensure that the Clearinghouse maintains 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. The Clearinghouse also would be required to 

maintain information about the best practices used for achieving 

improvements in child protective systems; and, 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 provide for and disseminate information relating to 

various training resources available at the State and local level to: 

individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; 

and appropriate State and local officials to assist in training law 

enforcement, legal, judicial, medical, mental health, education, and 

child welfare personnel. 

Section 103(c)(1) is amended to require HHS to 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. 

Sec. 112. Research and assistance activities and demonstrations 

Section 112 amends Section 104(a) to include longitudinal research, as well as research on 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. In addition, 

this Section requires the Secretary to undertake a National Incidence Study (NIS) and requires the study to include the incidence 

and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, household relationship, family structure, school enrollment and educational attainment, disability, grandparents as caregivers, labor force status, 

work status in the previous year, and income in the previous year; 

the evaluation and dissemination of best practices consistent with 

the goals of achieving improvements in the child protection services 

systems to promote effective approaches to interagency collaboration between the child protection system and the juvenile justice 

system that improve the delivery of services and treatment; an 
28

evaluation of the redundancies and gaps in services to make better 

use of resources; and 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. 

This Section requires the Secretary to prepare and submit the 

National Incidence Study 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, no later than 

4 years after the date of enactment. 

This Section also amends Section 104(b) to include private agencies and community-based organizations as organizations who 

should receive technical assistance for 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. 

Section 104 is further amended by moving ‘‘Demonstrations Programs and Projects’’ from Section 105 to Section 104 to allow the 

Secretary to 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 to assist in establishing and 

operating safe, family-friendly physical environments for courtordered, supervised visitation between children and abusing 

parents; and to safely facilitate the exchange of children for 

visits with noncustodial parents in cases of domestic violence; 

(2) Education Identification, Prevention, and Treatment 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 for projects that provide for the development of risk and safety assessment tools relating to child abuse and neglect; 

(4) Training for projects that involve innovative training for 

mandated child abuse and neglect reporters; and 

(5) Comprehensive Adolescent Victim/Victimizer Prevention 

Programs to organizations that demonstrate innovation in preventing child sexual abuse through school-based programs in 

partnership with parents and community-based organizations 

to establish a network of trainers who will work with schools 

to implement the program. 

Sec. 113. Grants to states and public or private agencies and organizations 

This Section amends Section 105(a) to provide grants for a variety of training programs designed to improve training to child protection services (CPS) and other child and family service workers, 

(including supervisors). Suggested projects include training workers 

on how to best work with families from initial investigation 

through treatment; cross-training to better recognize neglect, domestic violence or substance abuse in a family; training to 

strengthen linkages between CPS and health agencies including 
29

physical and mental health services and to promote partnerships 

that offer creative approaches to meet the needs of abused children; 

as well as training for CPS workers on their legal duties. The Section also encourages attention to staff recruitment and retention 

issues. 

In addition, this section is amended to promote better coordination between agencies to improve services to children. Specifically 

through improving links between child protection services and education, health, mental health, and judicial systems to ensure that 

children who are abused and neglected are properly identified and 

receive referrals to appropriate services. It further encourages 

greater collaboration between child protection services and the juvenile justice system to ensure that children who move between 

these two systems do so smoothly and receive appropriate services. 

In addition, it promotes partnerships between public agencies and 

community-based organizations to provide child abuse and neglect 

prevention and treatment programs. 

Sec. 114. Grants to states for child abuse and neglect prevention 

and treatment programs 

This Section amends Section 106(a) to promote 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. 

As a condition of receiving state grant money, States would be required to have triage procedures for the referral of a child not at 

imminent risk of harm to a community or voluntary child maltreatment prevention service and to have procedures to improve the 

training, retention, and supervision of caseworkers. States would 

be required to have policies and procedures (including appropriate 

referrals to child protection services systems and for other appropriate services) to address the needs of infants born and identified 

with illegal substance abuse or withdrawal symptoms resulting 

from prenatal drug exposure. States would also be required to have 

provisions to require disclosures of 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. 

This Section modifies the appointment of court appointed special 

advocates (CASAs) and guardian ad litem to ensure that they have 

training appropriate to the role. States would be required to have 

procedures to require that a representative of the child protection 

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. States are also required to perform background checks on all adults in prospective foster care households. 

This Section revises the Citizen Review Panels to 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. The appropriate 

State agency is to submit a written response to the State and local 

child protection system, within six months, that describes whether 
30

or how the State will incorporate the recommendations of the Citizen Review Panel (where appropriate) to make measurable 

progress in improving the State and local child protective system. 

Sec. 115. Miscellaneous requirements relating to assistance 

This Section amends Section 108 by requiring, no later than February 1, 2003, the Comptroller General of the United States to conduct a survey of a wide range of State and local child protection 

service systems to evaluate and submit to Congress a report concerning the current training (including cross-training in domestic 

violence or substance abuse) of child protective service workers in 

the outcomes for children and to analyze and evaluate the effects 

of caseloads, compensation, and supervision on staff retention and 

performance; the efficiencies and effectiveness of agencies that provide cross-training with court personnel; and recommendations to 

strengthen child protective service effectiveness to improve outcomes for children. 

This Section notes that 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. 

This Section also amends Section 105(a)(4) to allow the Secretary, in collaboration with the John H. Chafee Foster Care Independence Board (under Section 477 of the Social Security Act), to 

make grants to eligible partnerships of public agencies or private 

nonprofit organizations in not more than 10 States to assist the 

partnerships in developing and implementing methods of providing 

long- and short-term financial security for youth in foster care and 

youth aging out of foster care. 

Use of funds 

A partnership that receives a grant shall use the funds made 

available through the grant to carry out one or more of the following activities: 

(i) Opportunity Passports—Develop and provide, for youth in foster care and aging out of foster care, electronic opportunity passports, electronic cards or secure Internet databases that contain 

medical records, legal identification (analogous to a Social Security 

card or birth certificate), and school transcripts, to ensure that the 

youth can carry or readily access the vital information. 

(ii) Individual Development Accounts—Establish and provide individual development accounts, to assist youth in foster care and 

aging out of foster care to obtain postsecondary education, pay for 

housing, pay for medical care, or operate a business. In establishing and providing such an account, the partnership shall provide a small amount of seed money and shall require the account 

holder to attend money management training and contribute to the 

account before receiving access to the account. 

(iii) Accounts Maintained After Adoption—Such accounts shall 

not be terminated as a result of the adoption of the individual. 

(iv) Other Federal Assistance.—Such accounts provided to an individual may be disregarded for purposes of determining the indi-
31

vidual’s eligibility for, or the amount of, any other Federal or Federally supported assistance, except that the total amount of assistance to an individual under this subparagraph and under other 

Federal and Federally supported programs shall not exceed the 

total cost of attendance, as defined in Section 472 of the Higher 

Education Act of 1965, and except that the partnership shall take 

appropriate steps to prevent duplication of benefits under this and 

other Federal or Federally supported programs. 

This Section further identifies information concerning an individual that is obtained by a partnership in the implementation of 

this subparagraph shall remain private and confidential and shall 

not be disclosed without the informed consent of the individual or 

otherwise in accordance with applicable Federal, State, or local 

laws relating to medical privacy. An entity that discloses information in violation of this clause shall be subject to applicable Federal, State or local laws relating to the unlawful disclosure of confidential information. 

Funding 

This Section amends Section 112 by authorizing $10,000,000 for 

such accounts in fiscal year 2003 and such sums as may be necessary for fiscal year 2004 through 2007; of the amount appropriated in each fiscal year, not less than 75 percent of such amount 

shall be used for Opportunity Passports. 

Sec. 116. Authorization of appropriations 

This Section amends Section 112(a)(1) to authorize $120,000,000 

for fiscal year 2003 and such sums as may be necessary for fiscal 

years 2004 through 2007. 

Subtitle B—Community-Based Grants for the Prevention of Child 

Abuse 

Sec. 121. Purpose and authority 

This Section amends the Section 201(a)(1) definition of the purpose of this title 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. 

Sec. 122. Eligibility 

This Section amends Section 202 to conform to community-based 

and prevention-focused programs and activities to prevent child 

abuse and neglect. 

Sec. 124. Existing grants 

Section 204 is repealed. 

Sec. 125. Application 

Section 205 conforms the definition to community-based and prevention-focused programs and activities to prevent child abuse and 

neglect and requires a description of the inventory of current 
32

unmet needs and current family resource services operating in the 

State. 

Sec. 126. Local program requirements 

Section 126 amends Section 206(a) to include ‘‘home visiting’’

among other core services which must be provided or arranged for 

through contracts or agreements with other local agencies. 

Sec. 127. Performance measures 

Section 207 is amended to make technical and conforming 

changes. 

Sec. 128. National network for community-based family resource 

programs 

Section 208(3) is amended to make conforming changes. 

Sec. 129. Definitions. 

This Section makes the following definition revisions: 

(1) 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)’’. 

(2) 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 to prevent child abuse and neglect’ includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, and other community programs that provide activities 

that are designed to prevent or respond to child abuse and neglect.’’

Sec. 130. Authorization of appropriations 

Section 210 authorizes $80,000,000 for fiscal year 2003 and such 

sums as may be necessary for fiscal years 2004 to 2007. 

TITLE II—AMENDMENTS TO FAMILY VIOLENCE 

PREVENTION AND SERVICES ACT 

Subtitle A—Reauthorization of Grant Programs 

Sec. 201. State demonstration grants 

This Section amends Section 303(a)(2)(C) to reference the definition of ‘‘underserved populations’’ and requires State grantees to 

submit a report to the Secretary that contains a description of activities carried out. 
33

Sec. 202. Secretarial responsibilities 

The amendment of Section 305(a) will enable more than one employee to carry out the required functions of the Act. 

Sec. 203. Evaluation 

This Section amends Section 306 to indicate that the Secretary 

shall review, evaluate, and report to the appropriate committees of 

Congress every two years on the effectiveness of the programs administered, as opposed to no later than two years after funds have 

been obligated. 

Sec. 204. Information and technical assistance centers 

Section 308 is amended by removing the publication within 90 

days requirement. 

Sec. 205. General authorization of appropriations 

The Section extends the authorization of $175,000,000 through 

2007. 

Sec. 206. Grants for State Domestic Violence Coalitions 

Section 311(g) is amended to allow not less than 10 percent of 

State Grants to be made available to State Domestic Violence Coalitions under this Section for a fiscal year. 

Section 311 is amended by repealing subsection (h), establishing 

time frames for regulations. 

Sec. 207. Evaluation and monitoring 

Section 312 is amended to require the Secretary to use not more 

than 2 percent of the amount appropriated under Section 310(a) for 

each fiscal year for evaluation, monitoring, and other administrative costs under this title. 

Sec. 208. Family member abuse information and documentation 

project

This Section repeals Section 313. 

Sec. 209. Model state leadership grants 

This Section repeals Section 315. 

Sec. 210. National domestic violence hotline grant 

Section 316(b) is amended to permit an extension of this grant 

if the Grantee submits a report evaluating the effectiveness of the 

program. The Section authorizes to $5,000,000 for each of fiscal 

years 2003 to 2007. 

Sec. 211. Youth education and domestic violence 

Section 317 is repealed. 

Sec. 212. Demonstration grants for community initiatives 

Section 318(h) is amended to authorize $6,000,000 for each of fiscal years 2003 to 2007. 

Section 318(i) is repealed. 
34

Sec. 213. Transitional housing reauthorization 

Section 319(f) is amended to authorize $25,000,000 for each of 

fiscal years 2003 to 2007. 

Sec. 214. Technical and conforming amendments 

This Section makes general punctuation and minor language 

changes. 

Subtitle B—National Domestic Violence Hotline 

Sec. 221. National domestic violence hotline enhancement 

As amended by Section 211, this Section establishes a highly secure electronic network to link domestic violence shelters and service providers and the National Domestic Violence Hotline on a confidential website. The website would provide a continuously updated list of shelter availability anywhere in the United States at 

any time and would provide comprehensive information describing 

the services each shelter provides such as medical, social and bilingual services. It would also provide internet access to shelters that 

do not have appropriate technology. The Section is authorized at 

$5,000,000 in fiscal year 2003 and such sums for fiscal years 2004 

through 2007. 

Subtitle C—Children Exposed to Domestic Violence Program 

Sec. 231. Purpose 

It is the purpose of this subtitle to reduce the impact of exposure 

to domestic violence in the lives of children and youth. 

Sec. 232. Services for children exposed to domestic violence 

This Section creates the Children Exposed to Domestic Violence 

Program which provides competitive grants for shelters and other 

domestic violence service providers to run programs to address the 

physical, emotional and logistical needs of children who enter their 

programs with mothers who are abused. It provides grants to local 

agencies for the training of child welfare, and where appropriate, 

court and law enforcement personnel to assist them in addressing 

cases where child abuse and domestic violence intersect. Finally, it 

provides funds to nonprofit agencies to bring various service providers together to design and implement multi-system intervention 

programs for children exposed to domestic violence. 

TITLE III—ADOPTION OPPORTUNITIES ACT 

Sec. 301. Congressional findings and declaration of purpose 

This Section amends Section 201 by revising and updating the 

current foster care and adoption statistics and calls attention to the 

need to eliminate continued geographic barriers to adoption. 

Sec. 302. Information and services 

Section 203 is amended to promote the implementation of programs that are intended to increase the number of older children 

(who are less likely to be adopted) placed in adoptive families; services for families adopting special needs children and improving the 

placement rate of children in foster care. 
35

This Section also adds the Elimination of Barriers to Adoptions 

Across Jurisdictional Boundaries to allow the Secretary to 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. In addition, this Section is amended to allow services provided under these grants to 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. 303. Study of adoption placements 

Section 204 is amended to include research on how interstate 

placements are being financed across State lines; recommendations 

on best practice models for both interstate and intrastate adoptions; and how State policies in defining special needs children differentiate or group similar categories of children.

Sec. 304. Authorization of appropriations 

Section 205(a) is amended to authorize $40,000,000 for fiscal 

year 2003 and such sums as may be necessary for fiscal years 2004 

through 2007. 

Sec. 305. Adoption action plan 

This Section requires the Secretary of HHS in consultation with 

the General Accounting Office to submit to the Committee on 

Health, Education, Labor, and Pensions of the Senate and the 

Committee on Education and Workforce of the House of Representatives a report that contains recommendations for an action plan 

to facilitate the interjurisdictional adoption of foster children no 

later than 1 year after the date of enactment of this Act. 

Congress bases this request on the following findings: 

(1) the Adoption and Safe Families Act of 1997 mandated 

that ‘‘the State shall not delay or deny the placement of a child 

for adoption when an approved family is available outside of 

the jurisdiction with responsibility for handling the case of the 

child’’; 

(2)(A) the policy and legal focus on expanding the pool of 

adoptive families for waiting children in foster care, as expressed by the Adoption and Safe Families Act of 1997, has 

brought attention to the need to improve interjurisdictional 

practice whether across State or county lines; and 

(B) case workers, agency administrators, and State policy 

makers in many cases have resisted the use of interjurisdic-
36

tional placements for children in their caseloads, citing practice, policy, legal, bureaucratic, and fiscal concerns; 

(3) the National Conference of State Legislators has noted 

that among the many challenges ‘interstate adoptions of special needs children has been complicated by a lack of familiarity with the Interstate Compact on the Placement of Children on the part of caseworkers and judges, the absence of a 

standard protocol for pre-placement home studies, delays in 

the Interstate Compact on the Placement of Children process, 

and similar issues’; and in its November 1999 report to Congress, the General Accounting Office found that public child 

welfare agencies have done little to improve the interjurisdictional adoption process. 

TITLE IV—ABANDONED INFANTS ASSISTANCE ACT 

Sec. 401. Findings 

This Section amends Section 2 by inserting ‘‘appropriate training 

is needed for personnel working with infants and young children 

with life-threatening conditions and other special needs, including 

those who are infected with the human immunodeficiency virus 

(commonly known as ‘HIV’), those who have acquired immune deficiency syndrome (commonly know as ‘AIDS’), and those who have 

been exposed to dangerous drugs’’ as well as adding ‘‘Private, Federal, State, and local resources should be coordinated to establish 

and maintain such services and to ensure the optimal use of all 

such resources.’’

Sec. 402. Establishment of local programs 

This Section prevents the Secretary from making a grant under 

this Section unless the applicant for the grant agrees to give priority to abandoned infants and young children who 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 have been perinatally exposed to a dangerous 

drug. 

Sec. 403. Evaluations, study, and reports by Secretary 

Section 102 is amended to require the Secretary to, 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. This Section also requires the Secretary to conduct a 

study on the details of abandoned infants and young children, and 

evaluate and report on effective methods of intervening to prevent 

such abandonments, and effective methods for responding to the 

needs of abandoned infants and young children. 

Sec. 404. Authorization of appropriations 

Section 104 authorizes $45,000,000 for fiscal year 2003 and such 

sums as may be necessary for fiscal years 2004 through 2007. Not 

more than 5 percent of these amounts for any fiscal year may be 

obligated for carrying out the evaluation of local programs. 
37

Sec. 405. Definitions 

Section 103 is amended to include the following definitions for 

this subtitle: 

(1) The terms ‘abandoned’ and ‘abandonment’, with respect to infants and young children, mean that the infants and young children are medically cleared for discharge from acute-care hospital 

settings, but remain hospitalized because of a lack of appropriate 

out-of-hospital placement alternatives. 

(2) The term ‘acquired immune deficiency syndrome’ includes infection with the etiologic agent for such syndrome, any condition 

indicating that an individual is infected with such etiologic agent, 

and any condition arising from such etiologic agent. 

(3) The term ‘dangerous drug’ means a controlled substance, as 

defined in Section 102 of the Controlled Substances Act. 

(4) The term ‘natural family’ shall be broadly interpreted to include natural parents, grandparents, family members, guardians, 

children residing in the household, and individuals residing in the 

household on a continuing basis who are in a care-giving situation 

with respect to infants and young children covered under this subtitle. 

(5) The term ‘Secretary’ means the Secretary of Health and 

Human Services.

VIII. CHANGES IN EXISTING LAW

In compliance with rule XXVI paragraph 12 of the Standing 

Rules of the Senate, the following provides a print of the statute 

or the part or section thereof to be amended or replaced (existing 

law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed 

in shown in roman): 

* * * * * * *

CHILD ABUSE PREVENTION AND TREATMENT ACT 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—***

* * * * * * *

SEC. 2. FINDINGS. 

Congress finds that—

(1) each year, øclose to 1,000,000¿ approximately 900,000

American children are victims of abuse and neglect;

(2)(A) more children suffer neglect than any other form of 

maltreatment; and 

(B) investigations have determined that approximately 63 percent of children who were victims of maltreatment in 2000 suffered neglect, 19 percent suffered physical abuse, 10 percent suffered sexual abuse, and 8 percent suffered emotional maltreatment;

(3)(A) child abuse can result in the death of a child; 

(B) in 2000, an estimated 1,200 children were counted by 

child protection services to have died as a result of abuse or neglect; and 
38

(C) children younger than 1 year old comprised 44 percent of 

child fatalities and 85 percent of child fatalities were younger 

than 6 years of age;

ø(2) many of these children and their families fail to receive 

adequate protection or treatment:¿

(4)(A) many of these children and their families fail to receive 

adequate protection and treatment; 

(B) slightly less than half of these children (45 percent in 

2000) and their families fail to receive adequate protection or 

treatment; and 

(C) in fact, approximately 80 percent of all children removed 

from their homes and placed in foster care in 2000, as a result 

of an investigation or assessment conducted by the child protective services agency, received no services;

ø(3)¿ (5) the problem of child abuse and neglect requires a 

comprehensive approach that— (A) integrates the work of social service, legal, health, 

mental health, education, and substance abuse agencies 

and øorganizations¿ community-based organizations; 

(B) strengthens coordination among all levels of government, and with private agencies, civic, religious, and professional organizations, and individual volunteers; 

(C) emphasizes the need for abuse and neglect prevention, assessment, investigation, and treatment at the 

neighborhood level; 

(D) øensures properly trained and support staff with 

specialized knowledge,¿ recognizes the need for properly 

trained staff with the qualifications needed to carry out 

their child protection duties; and 

(E) is sensitive to ethnic and cultural diversity, which 

may impact child rearing patterns, while at the same time, 

not allowing those differences to enable abuse; 

ø(4)¿ (6) the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of 

thousands of children and results in a cost to the Nation of billions of dollars in tangible expenditures, as well as significant 

intangible costs;

ø(5)¿ (7) all elements of American society have a shared responsibility in responding to øthis national child and family 

emergency¿ child abuse and neglect; 

ø(6)¿ (8) substantial reductions in the prevalence and incidence of child abuse and neglect and the alleviation of its consequences are matters of the highest national priority; 

ø(7)¿ (9) national policy should strengthen families to prevent child abuse and neglect, provide support for øintensive¿

needed services to prevent the unnecessary removal of children 

from families, and promote the reunification of families øif removal has taken place¿ where appropriate; 

ø(8)¿ (10) the child protection system should be comprehensive, child-centered, family-focused, and community-based, 

should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should 

promote physical and psychological recovery and social re-integration in an environment that fosters the health, safety, selfrespect, and dignity of the child; 
39

ø(9)¿ (11) because of the limited resources available in lowincome communities, Federal aid for the child protection system should be distributed with due regard to the relative financial need of the communities; 

ø(10)¿ (12) the Federal government should assist States and 

communities with the fiscal, human, and technical resources 

necessary to develop and implement a successful and comprehensive child and family protection strategy; 

ø(11)¿ (13) the Federal government should provide leadership and assist communities in their child and family protection efforts by—

(A) promoting coordinated planning among all levels of 

government; 

(B) * * *

* * * * * * *

SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING 

TO CHILD ABUSE. 

(a) ESTABLISHMENT.—The Secretary shall through the Department, or by one or more contracts of not less than 3 years duration 

let through a competition, establish a national clearinghouse for information relating to child abuse. 

(b) FUNCTIONS.—The Secretary shall, through the clearinghouse 

established by subsection (a)—

(1) maintain, coordinate, and disseminate information on øall 

programs, including private programs, that show promise of 

success with respect to the prevention, assessment, identification, and treatment of child abuse and neglect; and¿ all effective programs, including private and community-based programs, that show promise of success with respect to the prevention, assessment, identification, and treatment of child abuse 

and neglect and hold the potential for broad scale implementation and replication; 

(2) maintain information about the best practices used for 

achieving improvements in child protective systems;

ø2¿ (3) maintain and disseminate information relating to—

(A) the incidence of cases of child abuse and neglect in 

the United States; 

(B) the incidence of such cases in populations determined by the Secretary under section 105(a)(1) of the 

Child Abuse Prevention, Adoption, and Family Services 

Act of 1988; and 

(C) the incidence of any such cases related to alcohol or 

drug abuseø.¿;

(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 
40

(5) provide for and disseminate information relating to various training resources available at the State and local level 

to— (A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of 

child abuse and neglect; and 

(B) appropriate State and local officials to assist in 

training law enforcement, legal, judicial, medical, mental 

health, education, and child welfare personnel. 

* * * * * * *

(c) COORDINATION WITH AVAILABLE RESOURCES.—

(1) IN GENERAL.—In establishing a national clearinghouse as 

required by subsection (a), the Secretary shall—

(A) consult with other Federal agencies that operate 

similar clearinghouses; 

(B) consult with the head of each agency involved with 

child abuse and neglect and mechanisms for the sharing of 

such information among other Federal agencies and clearinghouses on the development of the components for information collection and management of such clearinghouse; 

(C) develop a Federal data system involving the elements under subsection (b) which, to the extent practicable, coordinates existing Federal, State, regional, and 

local child welfare data systems which shall include—

(i) standardized data on false, unfounded, unsubstantiated, and substantiated reports; and 

(ii) information on the number of deaths due to child 

abuse and neglect; 

(D) through a national data collection and analysis program and in consultation with appropriate State and local 

agencies and experts in the field, collect, compile, and 

make available State child abuse and neglect reporting information which, to the extent practical, shall be universal 

and case specific and integrated with other case-based foster care and adoption data collected by the Secretary; 

(E) compile, analyze, and publish a summary of the research conducted under section ø105(a)¿ 104(a); and 

(F) collect and disseminate information that describes 

best practices being used throughout the Nation for making 

appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of abused 

and neglected children; and 

ø(F)¿ (G) solicit public comment on the components of 

such clearinghouse. 

* * * * * * *

SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES. 

(a) RESEARCH.—

(1) TOPICS.—The Secretary shall, in consultation with other 

Federal agencies and recognized experts in the field, carry out 

a continuing interdisciplinary program of research, including 

longitudinal research, that is designed to provide information 

needed to better protect children from abuse or neglect and to 

improve the well-being of abused or neglected children, with at 
41

least a portion of such research being field initiated. Such research program ømay¿ shall primarily focus on— (A) the nature and scope of child abuse and neglect; 

(B) causes, prevention, assessment, identification, treatment, cultural and socio-economic distinctions, and the 

consequences of child abuse and neglectø;¿, including the 

effects of abuse and neglect on a child’s development and 

the identification of successful early intervention services or 

other services that are needed

(C) appropriate, effective and culturally sensitive investigative, administrative, and øjudicial procedures¿ judicial 

systems, including multidisciplinary, coordinated decisionmaking procedures with respect to cases of child abuse; 

øand¿

(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

ø(D)¿(I) the National incidence of child abuse and neglect including—

(i) the extent to which incidents of child abuse are 

increasing or decreasing in number and severity; 

(ii) the incidence of substantiated and unsubstantiated reported child abuse cases; 

(iii) the number of substantiated cases that result in 

a judicial finding of child abuse or neglect or related 

criminal court convictions. 

(iv) the extent to which the number of unsubstantiated, unfounded and false reported cases of child 

abuse or neglect have contributed to the inability of a 

State to respond effectively to serious cases of child 

abuse or neglect; 

(v) the extent to which the lack of adequate resources and the lack of adequate training of individuals required by law to report suspected cases of child 

abuse have contributed to the inability of a State to 

respond effectively to serious cases of child abuse and 

neglect; 

(vi) the number of unsubstantiated, false, or unfounded reports that have resulted in a child being 
42

placed in substitute care, and the duration of such 

placement; 

(vii) the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect; 

(viii) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional 

neglect in substitute care; øand¿

(ix) the incidence and prevalence of child maltreatment by a wide array of demographic characteristics 

such as age, sex, race, household relationship, family 

structure, school enrollment and education attainment, 

disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year; and 

ø(ix)¿(x) the incidence and outcomes of abuse allegations reported within the context of divorce, custody, 

or other family court proceedings, and the interaction 

between this venue and the child protective services 

system.

(2) RESEARCH.—The Secretary shall conduct research on the 

national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect 

specified in 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 2002, 

the Secretary shall prepare and submit to the Committee on 

Education and the Workforce of the House of Representatives 

and the Committee on Health, Education, Labor and Pensions 

of the Senate a report that contains the results of the research 

conducted under paragraph (2).

ø(2)¿(4) PRIORITIES.—(A) The secretary shall establish research priorities for making grants or contracts for purposes of 

carrying out paragraph (1). 

(B) In establishing research priorities as required by subparagraph (A), the Secretary shall—

(i) publish proposed priorities in the FEDERAL REGISTER

for public comment; and 

(ii) allow not less than 60 days for public comment on 

such proposed priorities. 

* * * * * * *

(b) PROVISION OF TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The Secretary shall provide technical assistance to State and local public and ønonprofit private agencies and¿ private agencies and community-based organizations, 

including disability organizations and persons who work with 

children with disabilities, to assist such agencies and organizations in planning, improving, developing, and carrying out programs and activities relating to the prevention, assessment, 

identification, and treatment of child abuse and neglect. 

(2) EVALUATION.—Such technical assistance may include an 

evaluation or identification of—

(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and 

sexual abuse cases; 
43

(B) ways to mitigate psychological trauma to the child 

victim; øand¿

(C) effective programs carried out by the States under titles I and IIø.¿; and

(D) effective approaches being utilized to link child protective service agencies with health care, mental health 

care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to 

such linkages.

(3) DISSEMINATION.—The Secretary may provide for and disseminate information relating to various training resources 

available at the State and local level to—

(A) * * *

* * * * * * *

(d) PEER REVIEW FOR GRANTS.—

(1) ESTABLISHMENT OF PEER REVIEW PROCESS.—

(A) * * *

* * * * * * *

(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 risk and safety assessment 

tools relating to child abuse and neglect. 

(4) TRAINING.—The Secretary may award grants under this 

subsection to entities for projects that involve innovative training for mandated child abuse and neglect reporters. 

(5) COMPREHENSIVE ADOLESCENT VICTIM/VICTIMIZER PREVENTION PROGRAMS.—The Secretary may award grants to organizations that demonstrate innovation in preventing child sexual 

abuse through school-based programs in partnership with parents and community-based organization to establish a network 

of trainers who will work with schools to implement the program. The program shall be comprehensive, meet State guidelines for health education, and should reduce child sexual 
44

abuse by focusing on prevention for both adolescent victims and 

victimizers.

* * * * * * *

øSEC. 105. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE 

ORGANIZATIONS FOR DEMONSTRATION PROGRAMS AND 

PROJECTS.¿

SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND 

ORGANIZATIONS.

(a) øDEMONSTRATION¿ GRANTS FOR PROGRAMS AND PROJECTS.— The Secretary may make grants to, and enter into contracts with, 

States public agencies or private ønonprofit¿ agencies or organizations (or combinations of such agencies or organizations) for øtime 

limited, demonstration¿ programs and projects for the following 

purposes: 

(1) TRAINING PROGRAMS.—The Secretary may award grants 

to public or private nonprofit organizations under this section— (A) for the training of professional and paraprofessional 

personnel in the fields of medicine, law, øeducation, social 

work, and other relevant fields¿ law enforcement, judiciary, social work and child protection, education, and other 

relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem, who are engaged in, or intend to work in, the field of prevention, 

identification, and treatment of child abuse and neglect, 

including the links between domestic violence and child 

abuse; 

(B) to improve the recruitment, selection, and training of 

volunteers serving in public and private ønonprofit children, youth and family service organizations in order to 

prevent child abuse and neglect through collaborative 

analysis of current recruitment, selection, and training 

programs and development of model programs for dissemination and replication nationally; and¿ children, youth and 

family service organizations in order to prevent child abuse 

and neglect; 

(C) for the establishment of resource centers for the purpose of providing information and training to professionals 

working in the field of child abuse and neglectø.¿ ;

(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 

innovation 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 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 their responsibilities to protect the legal rights of children and families; 
45

(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 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 lifethreatening conditions, including personnel employed 

in child protective services programs and health care 

facilities; and 

(ii) the parents of such infants.

(2) TRIAGE PROCEDURES.—The Secretary may award grants 

under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and 

neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, 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 determined 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.

ø(2)¿ (3) MUTUAL SUPPORT PROGRAMS.—The Secretary may 

award grants to private nonprofit organizations ø(such as Parents Anonymous)¿ to establish or maintain a national network 

of mutual support and self-help programs as a means of 

strengthening families in partnership with their communities. 

ø(3)¿ (4) øOTHER INNOVATIVE PROGRAMS AND PROJECTS.—¿

ø(A) IN GENERAL.—The Secretary may award grants to 

public and private nonprofit agencies that demonstrate innovation in responding to reports of child abuse and neglect including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, 

schools, churches and synagogues, and other community 

agencies to allow for the establishment of a triage system 

that—ø(i) accepts, screens and assesses reports received to 

determine which such reports require an intensive 
46

intervention and which require voluntary referral to 

another agency, program or project; 

ø(ii) provides, either directly or through referral, a 

variety of community-linked services to assist families 

in preventing child abuse and neglect; and 

ø(iii) provides further investigation and intensive 

intervention where the child’s safety is in jeopardy.¿

ø(B) KINSHIP CARE.—¿ (4) KINSHIP CARE.—

ø(A) IN GENERAL.—The Secretary may award grants to 

public and private ønonprofit¿ entities in not more than 10 

States to assist such entities in developing or implementing procedures using adult relatives as the preferred 

placement for children removed from their home, where 

such relatives are determined to be capable of providing a 

safe nurturing environment for the child and where such 

relatives comply with the State child protection standards. 

ø(C) PROMOTION OF SAFE, FAMILY-FRIENDLY PHYSICAL ENVIRONMENTS FOR VISITATION AND EXCHANGE.—The Secretary may award grants to entities to assist such entities 

in establishing and operating safe, family-friendly physical 

environments—

ø(i) for court-ordered supervised visitation between 

children and abusing parents; and 

ø(ii) to safely facilitate the exchange of children for 

visits with noncustodian parents in cases of domestic 

violence.¿

(B) OPPORTUNITY PASSPORTS AND OTHER ASSISTANCE.—

(i) GRANTS.—The Secretary, in collaboration with the 

John H. Chafee Foster Care Independence Board 

(under section 477 of the Social Security Act), may 

make grants to eligible partnerships of public agencies 

or private nonprofit organizations in not more than 10 

States to assist the partnerships in developing and implementing methods of providing long- and short-term 

financial security for youth in foster care and youth 

aging out of foster care. A partnership shall be eligible 

for a grant under this subparagraph if such partnership has a board of directors that includes representatives of youth in foster care and aging out of foster 

care. 

(ii) USE OF FUNDS.—

(I) IN GENERAL.—A partnership that receives a 

grant under clause (i) shall use the funds made 

available through the grant to carry out 1 or more 

of the activities described in subclauses (II) or (III). 

(II) OPPORTUNITY PASSPORTS.—The partnership 

may use the funds to develop and provide, for 

youth in foster care and aging out of foster care, 

electronic opportunity passports, electronic cards or 

secure Internet databases that contain medical 

records, legal identification (analogous to a Social 

Security card or birth certificate), and school transcripts, to ensure that the youth can carry or readily access the vital information. 
47

(III) INDIVIDUAL DEVELOPMENT ACCOUNTS.—The 

partnership may use the funds to establish and 

provide individual development accounts, to assist 

youth in foster care and aging out of foster care to 

obtain postsecondary education, pay for housing, 

pay for medical care, or operate a business. In establishing and providing such an account, the 

partnership shall provide a small amount of seed 

money and shall require the account holder to attend money management training and contribute 

to the account before receiving access to the account.

(iii) ACCOUNTS MAINTAINED AFTER ADOPTION.—An 

account established for an individual under this subparagraph shall not terminate as a result of the adoption of the individual. 

(iv) OTHER FEDERAL ASSISTANCE.—The amount of 

assistance provided to an individual under this subparagraph may be disregarded for purposes of determining the individual’s eligibility for, or the amount 

of, any other Federal or Federally supported assistance, 

except that the total amount of assistance to an individual under this subparagraph and under other Federal and Federally supported programs shall not exceed the total cost of attendance, as defined in section 

472 of the Higher Education Act of 1965, and except 

that the partnership shall take appropriate steps to 

prevent duplication of benefits under this and other 

Federal or Federally supported programs. 

(v) PRIVACY.—Information concerning an individual 

that is obtained by a partnership in the implementation of this subparagraph shall remain private and 

confidential and shall not be disclosed without the informed consent of the individual or otherwise in accordance with applicable Federal, State, or local laws 

relating to medical privacy. An entity that discloses information in violation of this clause shall be subject to 

applicable Federal, State or local laws relating to the 

unlawful disclosure of confidential information. 

(vi) DEFINITION.—In this subparagraph, the term 

‘youth aging out of foster care’ means children who 

are—

(I) leaving foster care because such children have 

attained the maximum age for foster care eligibility in a State; and 

(II) transitioning to independent living, as determined by the Secretary. 

(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 
48

their physical health, mental health, and developmental needs 

appropriately diagnosed and treated.

* * * * * * *

(b) DISCRETIONARY GRANTS.—In addition to grants or contracts 

made under subsection (b), grants or contracts under this section 

may be used for the following: 

ø(1) Projects which provide educational identification, prevention, and treatment services in cooperation with preschool 

and elementary and secondary schools.¿

ø(2)¿ (1) Respite and crisis nursery programs provided by 

community-based organizations under the direction and supervision of hospitals. 

ø(3)¿ (2) Respite and crisis nursery programs provided by 

community-based organizations. 

(3) Programs based within children’s hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and 

neglect and for health evaluations of children for whom a report of maltreatment has been substantiated. 

(4)(A) Providing hospital-based information and referral 

services to—

(i) * * *

* * * * * * *

(D) For purposes of this paragraph, a qualified grantee is a 

ønonprofit¿ acute care hospital that—

(i) is in a combination with—

(I) * * *

* * * * * * *

(c) EVALUATION.—In making grants for ødemonstration¿ projects 

under this section, the Secretary shall require all such projects to 

be evaluated for their effectiveness. Funding for such evaluations 

shall be provided either as a stated percentage of a demonstration 

grant or as a separate grant or contract entered into by the Secretary for the purpose of evaluating a particular demonstration 

project or group of projects. In the case of an evaluation performed 

by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use 

of a rigorous application of scientific evaluation techniques.

SEC. 106. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS. 

(a) DEVELOPMENT AND OPERATION GRANTS.—The Secretary shall 

make grants to the States, based on the population of children 

under the age of 18 in each State that applies for a grant under 

this section, for purposes of assisting the States in improving the 

child protective services system of each State in—

(1) the intake, assessment, screening, and investigation of reports of abuse and neglect; 

(2)(A) creating and improving the use of multidisciplinary 

teams and interagency protocols to enhance investigations; and 

(B) improving legal preparation and representation, including—

(i) procedures for appealing and responding to appeals of 

substantiated reports of abuse and neglect; and 
49

(ii) provisions for the appointment of an individual appointed to represent a child in judicial proceedings; 

(3) case management, including ongoing case monitoring,

and delivery of services and treatment provided to children and 

their families; 

(4) enhancing the general child protective system by øimproving risk and safety assessment tools and protocols, automation systems that support the program and track reports of 

child abuse and neglect from intake through final disposition 

and information referral systems¿ developing, improving, and 

implementing risk and safety assessment tools and protocols

(5) developing and updating systems of technology that support the program and track reports of child abuse and neglect 

from intake through final disposition and allow interstate and 

intrastate information exchange; 

ø5¿ (6) developing, strengthening, and facilitating training 

øopportunities and requirements for individuals overseeing and 

providing services to children and their families through the 

child protection system¿ including safety training opportunities 

and requirements for child protection workers.

ø(7) developing, strengthening, and supporting child abuse 

and neglect prevention, treatment, and research programs in 

the public and private sectors;¿

(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;

ø(6)¿ (8) developing and facilitating training protocols for individuals mandated to report child abuse or neglect; 

* * * * * * *

ø(8)¿ (9) developing implementing, or operating— ø(A) information and education programs or training 

programs designed to improve the provisions of services to 

disabled infants with life-threatening conditions for— ø(i) professional and paraprofessional personnel 

concerned with the welfare of disabled infants with 

life-threatening conditions, including personnel employed in child protective services programs and 

health-care facilities; and 

ø(ii the parents of such infants; and 

ø(B) progams to assist in obtaining or coordinating 

necessary services for families of disabled infants with lifethreatening conditions, including— ø(i) existing social and health services; 

ø(ii) financial assistance; and 

ø(iii) services necessary to facilitate adoptive 

placement of any such infants who have been relinquished for adoption; or¿

(9) developing and facilitating training protocols for individuals mandated to report child abuse or neglect; 

(10) developing, implementing, or operating programs to 

assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions, including—
50

(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;

ø(9)¿ (12) developing and enhancing the capacity of community-based programs to integrate shared leadership strategies between parents and professionals to prevent and treat 

child abuse and neglect at the neighborhood levelø.¿;

(13) supporting and enhancing interagency collaboration 

between the child protection system and the juvenile justice for 

improved delivery of services and treatment, including methods 

for continuity of treatment plan and services as children transition between systems; or 

(14) supporting and enhancing collaboration among public 

health agencies, the child protection system, and private community-based programs to provide child abuse and neglect prevention and treatment services (including linkages with education systems) and to address the health needs, including mental health needs, of children identified as abused or neglected, 

including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports. 

* * * * * * *

(b) ELIGIBILITY REQUIREMENTS.— (1) STATE PLAN.— (A) IN GENERAL.—To be eligible to receive a grant under 

this section, a State shall, at the time of the initial grant 

application and every 5 years thereafter, prepare and submit to the Secretary a State plan that specifies the areas 

of the child protective services system described in subsection (a) that the State intends to address with amounts 

received under the grant. 

(B) ADDITIONAL REQUIREMENT.—After the submission of 

the initial grant application under subparagraph (A), the 

State shall øprovide notice to the Secretary of any substantive changes¿ provide notice to the Secretary— (i) of any substantive changes to any State law relating to the prevention of child abuse and neglect that 

provide notice may affect the eligibility of the State 

under this sectionø.¿; and 

(ii) any significant changes to how funds provided 

under this section are used to support the activities 

which may differ from the activities as described in the 

current State application. 

(2) COORDINATION.—A State plan submitted under paragraph (1) shall, to the maximum extent practicable, be coordinated with the State plan under part B of title IV of the Social 

Security Act relating to child welfare services and family preservation and family support services, and shall contain an outline of the activities that the State intends to carry out using 
51

amounts received under the grant to achieve the purposes of 

this title, including— (A) an assurance in the form of a certification by the 

chief executive officer of the State that the State has in effect and is enforcing a State law, or has in effect and is 

operating a Statewide program, relating to child abuse and 

neglect that includes— (i) provisions or procedures for the reporting of 

known and suspected instances of child abuse and neglect; 

(ii) policies and procedures (including appropriate 

referrals to child protection service systems and for 

other appropriate services) to address the needs of infants born and identified with illegal substance abuse 

or withdrawal symptoms resulting from prenatal drug 

exposure; 

ø(ii)¿ (iii) procedures for the immediate screening, 

risk and safety assessment, and prompt investigation 

of such reports. 

(iv) triage procedures for the referral of a child not 

at risk of imminent harm to a community organization 

or voluntary preventive service;

ø(iii)¿ (v) procedures for immediate steps to be taken 

to ensure and protect the safety of the abused or neglected child and of any other child under the same 

care who may also be in danger of abuse or neglect 

and ensuring their placement in a safe environment; 

ø(iv)¿ (vi) provisions for immunity from prosecution 

under State and local laws and regulations for individuals making good faith reports of suspected or known 

instances of child abuse or neglect; 

ø(v)¿ (vii) methods to preserve the confidentiality of 

all records in order to protect the rights of the child 

and of the child’s parents or guardians, including requirement ensuring that reports and records made 

and maintained pursuant to the purposes of this Act 

shall only be made available to—

(I) individuals who are the subject of the report; 

(II) Federal, State, or local government entities, 

or any agent of such entitiesø, having a need for 

such information in order to carry out its responsibilities under law to protect children from abuse 

and neglect¿, as described in clause (viii); 

(III) child abuse citizen review panels; 

(IV) child fatality review panels; 

(V) a grand jury or court, upon a finding that 

information in the record is necessary for the determination of an issue before the court or grant 

jury; and 

(VI) other entities or classes of individuals 

statutorily authorized by the State to receive such 

information pursuant to a legitimate State purpose; 

(viii) provisions to require disclosures of confidential 

information to any Federal, State, or local government 
52

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; 

ø(vi)¿ (ix) provisions which allow for public disclosure of the findings or information about the case of 

child abuse or neglect which has resulted in a child fatality or near fatality; 

ø(vii)¿ (x) the cooperation of State law enforcement 

officials, court of competent jurisdiction, and appropriate State agencies providing human services in the 

investigation, assessment, prosecution, and treatment 

of child abuse or neglect; 

ø(viii)¿ (xi) provisions requiring, and procedures in 

place that facilitate the prompt expungement of any 

records that are accessible to the general public or are 

used for purposes of employment or other background; 

ø(ix)¿ (xii) provisions and procedures requiring that 

in every case involving an abused or neglected child 

which results in a judicial proceeding, a guardian ad 

litem, who has received training appropriate to the 

role, and who may be an attorney or a court appointed 

special advocate who has received training appropriate 

to that role (or both), shall be appointed to represent 

the child in such proceedings— (I) to obtain obtain first-hand, a clear understanding of the situation and needs of the child; 

and 

(II) to make recommendations to the court concerning the best interests of the child;

ø(x)¿ (xiii) the establishment of citizen review panels in accordance with subsection (c); 

ø(xi)¿ (xiv) provisions, procedures, and mechanisms 

øto be effective not later than 2 years after the date 

of the enactment of this section¿—

(I) for the expedited termination of parental 

rights in the case of any infant determined to be 

abandoned under State law; and 

(II) by which individuals who disagree with an 

official finding of abuse or neglect can appeal such 

funding; 

ø(xii)¿ (xv) provisions, procedures, and mechanisms 

øto be effective not later than 2 years after the date 

of the enactment of this section¿ that assure that the 

State does not require reunification of a surviving 

child with a parent who has been found by a court of 

competent jurisdiction—

(I) to have committed murder (which would 

have been an offense under section 1111(a) of title 

18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of 

such parent; 

(II) to have committed voluntary manslaughter 

(which would have been an offense under section 
53

1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent; 

(III) to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; or 

(IV) to have committed a felony assault that results in the serious bodily injury to the surviving 

child or another child of such parent; øand¿

ø(xiii)¿ (xvi) an assurance that, upon the implementation by the State of the provisions, procedures, and 

mechanisms under øclause (xii)¿ clause (xv), conviction 

of any one of the felonies listed in øclause (xii)¿ clause 

(xv) constitute grounds under State law for the termination of parental rights of the convicted parent as to 

the surviving children (although case-by-case determinations of whether or not to seek termination of parental rights shall be within the sole discretion of the 

State);

(xvii) provisions and procedures to require that a 

representative of the child protective services agency 

shall, at the initial time of contact with the individual 

subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations 

made against the individual, in a manner that is consistent with laws protecting the rights of the informant; 

(xviii) provisions and procedures for improving the 

training, retention, and supervision of caseworkers; 

and 

(xix) not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 

2002, provisions and procedures for requiring criminal 

background record checks for prospective foster and 

adoptive parents and other adult relatives and non-relatives residing in the household; 

Nothing in subparagraph (A) shall be construed to limit 

the State’s flexibility to determine State policies relating to 

public access to court proceedings to determine child abuse 

and neglect. 

* * * * * * *

(3) LIMITATION.—øWith regard to clauses (v) and (vi) of 

paragraph (2)(A)¿ With regard to clauses (vi) and (vii) of 

paragraph (2)(A), nothing in this section shall be construed 

as restricting the ability of a State to refuse to disclose 

identifying information concerning the individual initiating 

a report or complaint alleging suspected instances of child 

abuse or neglect, except that the State may not refuse 

such a disclosure where a court orders such disclosure 

after such court has reviewed, in camera, the record of the 

State related to the report or complaint and has found it 

has reason to believe that the reporter knowingly made a 

false report. 

* * * * * * *
54

(c) CITIZENS REVIEW PANELS.— (1) ESTABLISHMENT.— (A) IN GENERAL.—***

* * * * * * *

(4) FUNCTIONS.— (A) IN GENERAL.—Each panel established pursuant to 

paragraph (1) shall, by examining the policies øand procedures¿, procedures, and practices of State and local agencies and where appropriate, specific cases, evaluate the extent to which øthe agencies¿ State and local child protection system agencies are effectively discharging their child 

protection responsibilities in accordance with— (i) the State plan under subsection (b); 

(ii) the child protection standards set forth in subsection (b); and 

(iii) any other criteria that the panel considers important to ensure the protection of children, including— (I) a review of the extent to which the øState¿

State and local child protective services system is 

coordinated with the foster care and adoption programs established under part E of title IV of the 

Social Security Act; and 

(II) a review of child fatalities and near fatalities (as defined in subsection (b)(4)). 

(B) CONFIDENTIALITY.— (i) IN GENERAL.—The members and staff of a panel 

established under paragraph (1)— (I) shall not disclose to any person or government official any identifying information about 

any specific child protection case with respect to 

which the panel is provided information; and 

(II) shall not make public other information unless authorized by State statute. 

(ii) CIVIL SANCTIONS.—Each State that establishes a 

panel pursuant to paragraph (1) shall establish civil 

sanctions for a violation of clause (i).

(C) PUBLIC OUTREACH.—Each panel shall provide for 

public outreach and comment in order to assess the impact 

of current procedures and practices upon children and families in the community and in order to meet its obligations 

under subparagraph (A).

(5) STATE ASSISTANCE.—Each State that establishes a panel 

pursuant to paragraph (1)— (A) shall provide the panel access to information on 

cases that the panel desires to review if such information 

is necessary for the panel to carry out its functions under 

paragraph (4); and 

(B) shall provide the panel, upon its request, staff assistance for the performance of the duties of the panel. 

(6) REPORTS.—Each panel established under paragraph (1) 

shall prepare and make available to the øpublic¿ State and the 

public, on an annual basis, a report containing a summary of 

the activities of the panel and recommendations to improve the 

child protection services system at the State and local levels. 
55

Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency 

shall submit a written response to the State and local child protection systems that describes whether or how the State will incorporate the recommendations of such panel (where appropriate) to make measurable progress in improving the State and 

local child protective system. 

* * * * * * *

(d) ANNUAL STATE DATA REPORTS.—Each State to which a grant 

is made under this section shall annually work with the Secretary 

to provide, to the maximum extent practicable, a report that includes the following: 

(1) * * *

* * * * * * *

(13) The annual report containing the summary of the activities of the citizen review panels of the State required by subsection (c)(6). 

* * * * * * *

SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. 

(a) CONSTRUCTION OF FACILITIES.— (1) RESTRICITION ON USE OF FUNDS.—***

* * * * * * *

(d) GAO STUDY.—Not later than February 1, 2003, the Comptroller General of the United States shall conduct a survey of a wide 

range of State and local child protection service systems to evaluate 

and submit to Congress a report concerning—

(1) the current training (including cross-training in domestic 

violence or substance abuse) of child protective service workers 

in the outcomes for children and to analyze and evaluate the effects of caseloads, compensation, and supervision on staff retention and performance; 

(2) the efficiencies and effectiveness of agencies that provide 

cross-training with court personnel; and 

(3) recommendations to strengthen child protective service effectiveness to improve outcomes for children. 

(e) 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. 

(f) ANNUAL REPORT ON CERTAIN PROGRAMS.—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 105(a)(4)(B). 

* * * * * * *

SEC. 112. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—
56

ø(1) GENERAL AUTHORIZATION.—There are authorized to be 

appropriated to carry out this title, $100,000,000 for fiscal year 

1997, and such sums as may be necessary for each of the fiscal 

years 1998 through 2001.¿

(2) DISCRETIONARY ACTIVITIES.—

(1) GENERAL AUTHORIZATION.—There are authorized to be 

appropriated to carry out this title (other than section 

105(a)(4)(B)) $120,000,000 for fiscal year 2003 and such sums 

as may be necessary for each of the fiscal years 2004 through 

2007.

(A) IN GENERAL.—Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make 

available 30 percent of such amounts to fund discretionary 

activities under this title. 

(B) DEMONSTRATION PROJECTS.—Of the amounts made 

available for a fiscal year under subparagraph (A), the 

øSecretary make¿ Secretary shall make available not more 

than 40 percent of such amounts to carry out øsection 

106¿ section 104.

(b) Opportunity Passports.—There are authorized to be appropriated to carry out section 105(a)(4)(B) $10,000,000 for fiscal year 

2003 and such sums as may be necessary for each subsequent fiscal 

year. Of the amount appropriated in each such fiscal year, not less 

than 75 percent of such amount shall be used as provided for under 

clause (ii)(II) of such section.

ø(b)¿ (c) AVAILABILITY OF FUNDS WITHOUT FISCAL YEAR LIMITATION.—The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated. 

* * * * * * *

TITLE II—COMMUNITY-BASED FAMILY 

RESOURCE AND SUPPORT GRANTS 

SEC. 201. PURPOSE AND AUTHORITY. 

(a) PURPOSE.—It is the purpose of this title.—

ø(1) to support State efforts to develop, operate, expand and 

enhance a network of community-based, prevention-focused, 

family resource and support programs that coordinate resources among existing education, vocational rehabilitation, 

disability, respite care, health, mental health, job readiness, 

self-sufficiency, child and family development, community action, Head Start, child care, child abuse and neglect prevention, juvenile justice, domestic violence prevention and intervention, housing, and other human service organizations within the State; and¿

(1) to support community-based efforts to develop, operate, expand, enhance, and, where appropriate to network, initiatives 

aimed at the prevention of child abuse and neglect, and to support networks of coordinated resources and activities to better 

strengthen and support families to reduce the likelihood of child 

abuse and neglect; and 
57

(2) to foster an understanding, appreciation, and knowledge 

of diverse populations in order to be effective in preventing and 

treating child abuse and neglect. 

* * * * * * *

(b) AUTHORITY.—The Secretary shall make grants under this title 

on a formula basis to the entity designated by the State as the lead 

entity (hereafter referred to in this title as the ‘‘lead entity’’) under 

section 202(1) for the purpose of— (1) developing, operating, expanding and enhancing øStatewide networks of community-based, prevention-focused, family 

resource and support programs that—¿community-based and 

prevention-focused programs and activities designed to prevent 

child abuse and neglect (through networks where appropriate) 

that are accessible, effective, culturally appropriate, and build 

upon existing strengths that— (A) offer assistance to families; 

(B) provide early, comprehensive support for parents; 

(C) promote the development of parenting skills, especially in young parents and parents with very young children: 

(D) increase family stability; 

(E) improve family access to other formal and informal 

resources and opportunities for assistance available within 

communities; 

(F) support the additional needs of families with children with disabilities through respite care and other services; øand¿

ø(G) decrease the risk of homelessness;¿

(G) demonstrate a commitment to meaningful parent 

leadership, including among parents of children with disabilities, parents with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and 

(H) provide referrals to early health and developmental 

services; 

* * * * * * *

(4) maximizing funding through leveraging of funds for the 

financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management, reporting and evaluation costs for establishing, operating, or expanding øa Statewide network of community-based, prevention-forcused¿, community-based and prevention-focused, øfamily resource and 

support program¿; and programs and activities designed to prevent child abuse and neglect (through networks where appropriate)

* * * * * * *

SEC. 202. ELIGIBILITY. 

A State shall be eligible for a grant under this title for a fiscal 

year if—

(1)(A) the chief executive officer of the State has designated 

a lead entity to administer funds under this title for the purposes identified under the authority of this title, including to 
58

develop, implement, operate, enhance or expand øa Statewide 

network of community-based, prevention-focused, family resource and support programs, child abuse and neglect prevention activities and access to respite care services integrated 

with the Statewide network;¿ community-based and prevention-focused, programs and activities designed to prevent child 

abuse and neglect (through networks where appropriate);

(B) such lead entity is an existing public, quasi-public, or 

nonprofit private entity (which may be an entity that has not 

been established pursuant to State legislation, executive order, 

or any other written authority of the State) that exists to 

strengthen and support families to prevent child abuse and neglect with a demonstrated ability to work with other State and 

community-based agencies to provide training and technical assistance, and that has the capacity and commitment to ensure 

the meaningful involvement of parents who are consumers and 

who can provide leadership in the planning, implementation, 

and evaluation of programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts; 

* * * * * * *

(2) * * *

(A) øa network of community-based family resource and 

support programs¿ community-based and prevention-focused programs and activities designed to prevent child 

abuse and neglect (through networks where appropriate)

composed of local, collaborative, public-private partnerships directed by interdisciplinary structures with balanced representation from private and public sector members, parents, and public and private nonprofit service providers and individuals and organizations experienced in 

working in partnership with families with children and 

disabilities;

(B) direction øto the network¿ through an interdisciplinary, collaborative, public-private structure with balanced 

representation from private and public sector members, 

parents, and public sector and private nonprofit sector 

service providers; and 

(C) direction and oversight øto the network¿ through 

identified goals and objectives, clear lines of communication and accountability, the provision of leveraged or combined funding from Federal, State and private sources, 

centralized assessment and planning activities, the provision of training and technical assistance, and reporting 

and evaluation functions; and 

(3) * * * 

(A) has a demonstrated commitment to parental participation in the development, operation, and oversight of the 

øStatewide network of community-based, prevention-focused, family resource and support programs¿ communitybased and prevention-focused programs and activities to 

prevent child abuse and neglect (through net-works where 

appropriate),

(B) has a demonstrated ability to work with State and 

community-based public and private nonprofit organiza-
59

tions to develop a continuum of preventive, family centered, comprehensive services for children and families 

through the øStatewide network of community-based, prevention-focused, family resource and support programs¿

community-based and prevention-focused programs and activities to prevent child abuse and neglect (through networks where appropriate)

(C) has the capacity to provide operational support (both 

financial and programmatic) øand training and technical 

assistance, to the Statewide network of community-based, 

prevention-focused, family resource and support programs¿

training, technical assistance, and evaluation assistance, to 

community-based and prevention-focused programs and activities to prevent child abuse and neglect (through networks where appropriate), through innovative, interagency 

funding and interdisciplinary service delivery mechanisms; 

and 

(D) will integrate its efforts with individuals and organizations experienced in working in partnership with families with children with disabilities, parents with disabilities, and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities.

SEC. 203. AMOUNT OF GRANT. 

(a) RESERVATION.—***

(B) * * *

(1) * * *

(A) * * *

(B) 30 percent of such amount appropriated shall be allotted among the States by allotting to each State an 

amount that bears the same proportion to such amount appropriated øas the amount leveraged by the State from 

private, State, or other non-Federal sources and directed 

through the¿ as the amount of private, State or other nonFederal funds leveraged and directed through the currently 

designated State lead agency in the preceding fiscal year 

bears to the aggregate of the amounts leveraged by all 

States from private, State, or other non-Federal sources 

and directed through øthe lead agency¿ the current lead 

agency of such States in the preceding fiscal year. 

* * * * * * *

øSection 204 of the Child Abuse Prevention and Treatment Act 

is repealed.¿

SEC. 205. APPLICATION. 

* * * * * * *

(1) a description of the lead entity that will be responsible 

for the administration of funds provided under this title and 

the oversight of programs funded through the øStatewide network of community-based, prevention-focused, family resource 

and support programs¿ community-based and prevention-focused programs and activities to prevent child abuse and neglect (through networks where appropriate) which meets the requirements of section 202; 
60

(2) a description of how the ønetwork of community-based, 

prevention-focused, family resource and support programs community-based and prevention-focused programs and activities to 

prevent child abuse and neglect (through networks where appropriate) will operate and how family resource and support services provided by public and private, nonprofit organizations, 

øincluding those funded by programs consolidated under this 

Act,¿ will be integrated into a developing continuum of family 

centered, holistic, preventive services for children and families;

ø(3) an assurance that an inventory of current family resource programs, respite care, child abuse and neglect prevention activities, and other family resource services operating in 

the State, and a description of current unmet needs, will be 

provided;¿

(3) a description of the inventory of current unmet needs and 

current community-based and prevention-focused programs and 

activities to prevent child abuse and neglect, and other family 

resource services operating in the State; 

(4) a budget for the development, operation and expansion of 

the øState’s network of community-based, prevention-focused, 

family resource and support programs¿ community-based and 

prevention-focused programs and activities designed to prevent 

child abuse and neglect that verifies that the State will expend 

in non-Federal funds an amount equal to not less than 20 percent of the amount received under this title (in cash, not inkind) for activities under this title; 

(5) an assurance that funds received under this title will 

supplement, not supplant, other State and local public funds 

designated for the øStatewide network of community-based, 

prevention-focused, family resource and support programs¿; 

community-based and prevention-focused programs and activities designed to prevent child abuse and neglect;

* * * * * * *

(7) a description of the criteria that the entity will use to develop, or select and fund, øindividual community-based, prevention-focused, family resource and support programs¿ community-based and prevention-focused programs and activities 

designed to prevent child abuse and neglect as part of the network development, expansion or enhancement; 

(8) a description of outreach activities that the entity and the 

øcommunity-based, prevention-focused, family resource and 

support programs¿ community-based and prevention-focused 

programs and activities designed to prevent child abuse and neglect will undertake to maximize the participation of racial and 

ethnic minorities, children and adults with disabilities, homeless families and those at risk of homelessness, and members 

of other underserved or underrepresented groups; 

(9) a plan for providing operational support, training and 

technical assistance to øcommunity-based, prevention-focused, 

family resource and support programs¿ community-based and 

prevention-focused programs and activities designed to prevent 

child abuse and neglect for development, operation, expansion 

and enhancement activities; 
61

(10) a description of how the applicant entity’s activities and 

those of the network and its members (where appropriate) will 

be evaluated;

(11) a description of the actions that the applicant entity will 

take to advocate systemic changes in State policies, practices, 

procedures and regulations to improve the delivery of øprevention-focused, family resource and support program¿ community-based and prevention-focused programs and activities designed to prevent child abuse and neglect services to children 

and families; and 

ø(3)¿ (12) an assurance that the applicant entity will provide 

the Secretary with reports at such time and containing such 

information as the Secretary may require. 

SEC. 206. LOCAL PROGRAM REQUIREMENTS. 

(A) In General.—Grants made under this title shall be used to 

develop, implement, operate, expand and enhance communitybased øprevention-focused, family resource and support programs¿

and prevention-focused programs and activities designed to prevent 

child abuse and neglect that—

* * * * * * *

(3) * * *

(A) * * *

(B) other core services, which must be provided or arranged for through contracts or agreements with other 

local agencies, including voluntary home visiting and all 

forms of respite care services to the extent practicable; and 

* * * * * * *

ø(6) participate with other community-based, prevention-focused, family resource and support program grantees in the development, operation and expansion of the Statewide network.¿

(6) participate with other community-based and preventionfocused programs and activities to prevent child abuse and neglect in the development, operation and expansion of networks 

where appropriate. 

* * * * * * *

SEC. 207. PERFORMANCE MEASURES. 

A State receiving a grant under this title, through reports provided to the Secretary—

(1) shall demonstrate the effective development, operation 

and expansion of øa Statewide network of community-based, 

prevention-focused, family resource and support programs¿

community-based and prevention-focused programs and activities to prevent child abuse and neglect that meets the requirements of this title; 

* * * * * * *

ø(3) shall demonstrate the establishment of new respite care 

and other specific new family resources services, and the expansion of existing services, to address unmet needs identified 

by the inventory and description of current services required 

under section 205(3);¿
62

(3) shall demonstrate that they will have addressed unmet 

needs identified by the inventory and description of current 

services required under section 205(3);

(4) shall describe the number of families served, including 

families with children with disabilities, and parents with disabilities, and the involvement of a diverse representation of 

families in the design, operation, and øevaluation of the Statewide network community-based, prevention-focused, family resource and support programs, and in the design, operation and 

evaluation of the individual community-based family resource 

and support programs that are part of the Statewide 1 network 

funded under this title¿ evaluation of community-based and 

prevention-focused programs and activities to prevent child 

abuse and neglect, and in the design, operation and evaluation 

of the networks of such community-based and prevention-focused programs;

(5) shall demonstrate a high level of satisfaction among families who have used the services of the community-basedø, prevention-focused, family resource and support programs¿ and 

prevention-focused programs and activities designed to prevent 

child abuse and neglect; 

(6) shall demonstrate the establishment or maintenance of 

innovative funding mechanisms, at the State or community 

level, that blend Federal, State, local and private funds, and 

innovative, interdisciplinary service delivery mechanisms, for 

the development, operation, expansion and enhancement of the 

øStatewide network of community-based, prevention-focused, 

family resource and support programs¿ community-based and 

prevention-focused programs and activities designed to prevent 

child abuse and neglect; 

* * * * * * *

(8) shall demonstrate an implementation plan to ensure the 

continued leadership of parents in the on-going planning, implementation, and evaluation of such øcommunity based, prevention-focused, family resource and support programs¿ community-based and prevention-focused programs and activities 

designed to prevent child abuse and neglect. 

SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS. 

* * * * * * *

(1) * * *

* * * * * * *

(3) to fund a yearly symposium on State system change efforts that result from the operation of the øStatewide networks 

of community-based, prevention-focused, family resource and 

support programs¿ community-based and prevention-focused 

programs and activities designed to prevent child abuse and neglect; 

* * * * * * *

SEC. 209. DEFINITIONS. 

For purposes of this title: 
63

(1) CHILDREN WITH DISABILITIES.—The term ‘‘children with 

disabilities’’ has the same meaning øgiven such term in section 

602(a)(2)¿ given the term ‘‘child with a disability’’ in section 

602(3) of the Individuals with Disabilities Education Act. 

* * * * * * *

ø(3) FAMILY RESOURCE AND SUPPORT PROGRAM.—The term 

‘‘family resource and support program’’ means a communitybased, prevention-focused entity that—

ø(A) provides, through direct service, the core of services 

required under this title, including— ø(i) parent education, support and leadership services, together with services characterized by relationships between parents and professionals that are 

based on equality and respect, and designed to assist 

parents in acquiring parenting skills, learning about 

child development, and responding appropriately to 

the behavior of their children; 

ø(ii) services to facilitate the ability of parents to 

serve as resources to one another (such as through 

mutual support and parent self-help groups); 

ø(iii) outreach services provided through voluntary 

home visits and other methods to assist parents in becoming aware of and able to participate in family resources and support program activities; 

ø(iv) community and social services to assist families 

in obtaining community resources; and 

ø(v) follow-up services; 

ø(B) providers, or arranges for the provision of, other 

core services through contacts or agreements with other 

local agencies, including all forms of respite care services; 

and 

ø(C) provides access to optional services, directly or by 

contract, purchase of service, or interagency agreement, including—

ø(i) child care, early childhood development and 

early intervention services; 

ø(ii) referral to self-sufficiency and life management 

skills training; 

ø(iii) referral to education services, such as scholastic tutoring, literacy training, and General Educational Degree services; 

ø(iv) referral to services providing job readiness 

skills; 

ø(v) child abuse and neglect prevention activities; 

ø(vi) referral to services that families with children 

with disabilities or special needs may require; 

ø(vii) community and social service referral, including early developmental screening of children; 

ø(viii) peer counseling; 

ø(ix) referral for substance abuse counseling and 

treatment; and 

ø(x) help line services. 

ø(4) OUTREACH SERVICES.—The term ‘‘outreach services’’

means services provided to assist consumers, through vol-
64

untary home visits or other methods, in accessing and participating in family resource and support program activities.¿

(3) COMMUNITY-BASED AND PREVENTION-FOCUSED PROGRAMS

AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT.—The 

term ‘‘community-based and prevention-focused programs and 

activities to prevent child abuse and neglect’’ includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and 

other community programs that provide activities that are designed to prevent or respond to child abuse and neglect. 

øSEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated to carry out this title, 

$66,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001.¿

SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

The authorized to be appropriated to carry out this title 

$80,000,000 for fiscal year 2003 and such sums as may be necessary 

for each of the fiscal years 2004 through 2007.

CHILD ABUSE PREVENTION AND TREATMENT AND 

ADOPTION REFORM ACT OF 1978

* * * * * * *

TITLE II—ADOPTION OPPORTUNITIES

SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. 

(a) FINDINGS.—Congress finds that 

ø(1) the number of children in substitute care increased by 

nearly 61 percent between 1986 and 1994, as our Nation’s foster care population included more than 452,000 as of June 

1994; 

ø(2) increasingly children entering foster care have complex 

problems which require intensive services; 

ø(3) an increasingly number of infants are born to mothers 

who did not receive prenatal care, are born addicted to alcohol 

and other drugs, and exposed to infection with etiologic agent 

for the human immunodeficiency virus, are medically fragile, 

and technology dependent; 

ø(4) the welfare of thousands of children in institutions and 

foster homes and disabled infants with life-threatening conditions may be in serious jeopardy and some such children are 

in need of placement in permanent, adoptive homes;¿

(1) the number of children in substitute care has increased by 

nearly 24 percent since 1994, as our Nation’s foster care population included more than 565,000 as of September of 2001; 

(2) children entering foster care have complex problems that 

require intensive services, with many such children having special needs because they are born to mothers who did not receive 

prenatal care, are born with life threatening conditions or disabilities, are born addicted to alcohol or other drugs, or have 

been exposed to infection with the etiologic agent for the human 

immunodeficiency virus; 
65

(3) each year, thousands of children are in need of placement 

in permanent, adoptive homes;

ø5¿ (4) many thousands of children remain in institutions or 

foster homes solely because of legal and other barriers to their 

placement in permanent, adoptive homes; 

ø(6) the majority of such children are of school age, members 

of sibling groups or disabled; 

ø(7)(A) currently, 40,000 children are free for adoption and 

awaiting placement;¿

ø7¿ (5)(A) currently, there are 131,000 children waiting for 

adoption 

(B) such children are typically school aged, in sibling groups, 

have experienced neglect or abuse, or have a physical, mental, 

or emotional disability; and 

(C) while the children are of all races, children of color and 

older children (over the age of 10) are over represented in such 

group; 

ø8¿ (6) adoption may be the best alternative for assuring the 

healthy development of such children; 

ø9¿ (7) there are qualified persons seeking to adopt such 

children who are unable to do so because of barriers to their 

placement; and 

ø10¿ (8) in order both to enhance the stability and love of 

the child’s home environment and to avoid wasteful expenditures of public funds, such children should not have medically 

indicated treatment withheld from them nor be maintained in 

foster care or institutions when adoption is appropriate and 

families can be found for such children.

(b) PURPOSE.—It is the purpose of this title to facilitate the elimination of barriers, including geographic barriers, to adoption and to 

provide permanent and loving home environments for children who 

would benefit from adoption, particularly children with special 

needs, including disabled infants with life-threatening conditions, 

by providing a mechanism to—

* * * * * * *

(2) maintain øa national¿ an Internet-based national adoption information exchange system to bring together children 

who would benefit from adoption and qualified prospective 

adoptive parents who are seeking such children, and conduct 

national recruitment efforts in order to reach prospective parents for children awaiting adoption; and 

* * * * * * *

SEC. 203. INFORMATION AND SERVICES. 

ƒINFORMATION AND SERVICES≈

øSEC. 203. (a) The Secretary¿

(a) IN GENERAL.—The Secretary shall establish in the Department of Health and Human Services an appropriate administrative 

arrangement to provide a centralized focus for planning and coordinating of all departmental activities affecting adoption and foster 

care and for carrying out the provisions of this title. The Secretary 

shall make available such consultant services, on-site technical assistance and personnel, together with appropriate administrative 
66

expenses, including salaries and travel costs, as are necessary for 

carrying out such purposes, including services to facilitate the 

adoption of children with special needs and particularly of disabled 

infants with life-threatening conditions and services to couples considering adoption of children with special needs. 

(b) REQUIRED ACTIVITIES.—In connection with carrying out the 

provisions of this title, the Secretary shall—

(1) conduct (directly or by grant to or contract with public or 

private ønonprofit¿ agencies or organizations) an education 

and training program on adoption, and prepare, publish, and 

disseminate (directly or by grant to or contract with public or 

private ønonprofit¿ agencies and organizations) to all interested parties, public and private agencies and organizations 

(including, but not limited to, hospitals, health care and family 

planning clinics, and social services agencies), and governmental bodies, information and education and training materials regarding adoption and adoption assistance programs; 

(2) conduct, directly or by grant or contract with public or 

private ønonprofit¿ organizations, ongoing, extensive recruitment efforts on a national level, develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents, and establish a coordinated referral 

system of recruited families with appropriate State or regional 

adoption resources to ensure that families are served in a timely fashion; 

(3) notwithstanding any other provision of law, provide (directly or by grant to or contract with public or private ønonprofit¿ agencies or organizations) for (A) the operation of a national adoption information exchange system (including only 

such information as is necessary to facilitate the adoptive 

placement of children, utilizing computers and data processing 

methods to assist in the location of children who would benefit 

by adoption and in the placement in adoptive homes of children awaiting adoption); and (B) the coordination of such system with similar State and regional systems; 

(4) provide (directly or by grant to or contract with public or 

private ønonprofit¿ agencies or organizations, including adoptive family groups and minority groups) for the provision of 

technical assistance in the planning, improving, developing, 

and carrying out of programs and activities relating to adoption, and to promote professional leadership training of minorities in the adoption field; 

* * * * * * *

(6) østudy the nature, scope, and effects of¿ support the 

placement of children in kinship care arrangements, pre-adoptive, or adoptive homes; 

(7) study the efficacy of States contracting with public or private ønonprofit¿ agencies (including community-based and 

other organizations), or sectarian institutions for the recruitment of potential adoptive and foster families and to provide 

assistance in the placement of children for adoption; 

* * * * * * *
67

(9) maintain (directly or by grant to or contract with public 

or private ønonprofit¿ agencies or organizations) a National 

Resource Center for Special Needs Adoption to—

* * * * * * *

(C) facilitate the development of interdisciplinary approaches to meet the needs of children who are waiting for 

adoption and the needs of adoptive families; øand¿

(10) provide (directly or by grant to or contract with States, 

local government entities, public or private ønonprofit¿ licensed child welfare or adoption agencies or adoptive family 

groups and community-based organizations with experience in 

working with minority populations) for the provision of programs aimed at increasing the number of minority children 

(who are in foster care and have the goal of adoption) placed 

in adoptive families, with a special emphasis on recruitment of 

minority families—

* * * * * * *

(B) shall be subject to the condition that such grants or 

contracts may be renewed if documentation is provided to 

the Secretary demonstrating that appropriate and sufficient placements of such children have occurred during the 

previous funding periodø.¿; and

(11) provide (directly or by grant to or contract with States, 

local government entities, or public or private licensed child 

welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster care and with the goal of adoption) 

placed in adoptive families, with a special emphasis on childspecific 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, childspecific recruitment efforts; and 

(C) recruitment of prospective families for such children.

(c) SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN.—

(1) IN GENERAL.—The Secretary

ø(c)(1) The Secretary¿ shall provide (directly or by grant to or 

contract with States, local government entities, public or private 

ønonprofit¿ licensed child welfare or adoption agencies or adoptive 

family groups) for the post legal adoption services for families who 

have adopted special needs children. 

(2) SERVICES.—Services

(2) Services provided under grants made under this subsection shall supplement, not supplant, services from any other 

funds available for the same general purposes, including—

(A) individual counseling; 

(B) group counseling; 

(C) family management; 

(D) case management; 

(E) training public agency adoption personnel, personnel 

of private, ønonprofit¿ child welfare and adoption agencies 
68

licensed by the State to provide adoption services, mental 

health services professionals, and other support personnel 

to provide services under this subsection; 

(F) assistance to adoptive parent organizations; øand¿

(G) assistance to support groups for adoptive parents, 

adopted children, and siblings of adopted childrenø.¿;

(H) day treatment and

(I) respite care. 

ø(d)(1) The Secretary¿

(d) IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER

CARE.—

(1) IN GENERAL.—The Secretary shall make grants for improving State efforts to increase the placement of foster care 

children legally free for adoption, according to a pre-established plan and goals for improvement. Grants funded by this 

section must include a strong evaluation component which outlines the innovations used to improve the placement of special 

needs children who are legally free for adoption, and the successes and failures of the initiative. The evaluations will be 

submitted to the Secretary who will compile the results of 

projects funded by this section and submit a report to the appropriate committees of Congress. The emphasis of this program must focus on the improvement of the placement rate— not the aggregate number of special needs children placed in 

permanent homes. The Secretary, when reviewing grant applications shall give priority to grantees who propose improvements designed to continue in the absence of Federal funds. 

ø(2)(A) Each State¿

(2) APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE.— (A) APPLICATIONS.—Each State entering into an agreement under this subsection shall submit an application to 

the Secretary that describes the manner in which the 

State will use funds using the 3 fiscal years subsequent to 

the date of the application to accomplish the purposes of 

this section. Such application shall be in a form and manner determined to be appropriate by the Secretary. Each 

application shall include verification of the placements described in paragraph (1).

ø(B) The Secretary¿ (B) TECHNICAL AND OTHER ASSIST- ANCE.—The Secretary shall provide, directly or by grant to 

or contract with public or private ønonprofit¿ agencies or 

organizations—

(i) technical assistance and resource and referral information to assist State or local governments with 

termination of parental rights issues, in recruiting and 

retaining adoptive families, in the successful placement of children with special needs, and in the provision of pre- and post-placement services, including 

post-legal adoption services; and 

(ii) other assistance to help State and local governments replicate successful adoption-related projects 

from other areas in the United States. 

ø(3)(A) Payments¿ (3) PAYMENTS.—

(A) IN GENERAL.—Payments under this subsection shall 

begin during fiscal year 1989. Payments under this section 
69

during any fiscal year shall not exceed $1,000,000. No payment may be made under this subsection unless an 

amount in excess of $5,000,000 is appropriated for such 

fiscal year under section 205(a). 

ø(B) Any payment¿ (B) REVERSION OF UNUSED FUNDS.—

Any payment made to a State under this subsection which 

is not used by such State for the purpose provided in paragraph (1) during the fiscal year payment is made shall revert to the Secretary on October 1st of the next fiscal year 

and shall be used to carry out the purposes of this Act.

(e) ELIMINATION OF BARRIERS TO ADOPTIONS ACROSS JURISDICTIONAL BOUNDARIES.—

(1) IN GENERAL.—The Secretary shall award grants to, or 

enter into contracts with, States, local government entities, public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to carry out initiatives to 

improve efforts to eliminate barriers to placing children for 

adoption across jurisdictional boundaries. 

(2) SERVICES TO SUPPLEMENT NOT SUPPLANT.—Services provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds 

made available for the same general purposes including—

(A) developing a uniform homestudy standard and protocol for acceptance of homestudies between States and jurisdictions; 

(B) developing models of financing cross-jurisdictional 

placements; 

(C) expanding the capacity of all adoption exchanges to 

serve increasing numbers of children; 

(D) developing training materials and training social 

workers on preparing and moving children across State 

lines; and 

(E) developing and supporting initiative models for networking among agencies, adoption exchanges, and parent 

support groups across jurisdictional boundaries.

STUDY OF UNLICENSED ADOPTION PLACEMENTS

SEC. 204. The Secretary shall provide for a study (the results of 

which shall be reported to the appropriate committees of the Congress not later than eighteen months after the date of enactment 

øof this Act¿ of the Keeping Children and Families Safe Act of 

2002) designed øto determine the nature¿ to determine—

(1) the nature, scope, and effects of the interstate (and, to the 

extent feasible, intrastate) placement of children in adoptive 

homes (not including the homes of stepparents or relatives of 

the child in question) by persons of agencies which are ønot licensed by or subject to regulation by any governmental entity.¿

for profit;

(2) how interstate placements are being financed across State 

lines; 

(3) recommendations on best practice models for both interstate and intrastate adoptions; and 
70

(4) how State policies in defining special needs children differentiate or group similar categories of children.

* * * * * * *

AUTHORIZATION OF APPROPRIATIONS

SEC. 205. (a) øThere are authorized to be appropriated, 

$20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001 to carry out 

programs and activities authorized. 

ø(b) The Secretary shall ensure that funds appropriated pursuant to authorizations in this Act shall remain available until expended for the purposes for which they were appropriated.¿ There 

are authorized to the appropriated $40,000,000 for fiscal year 2003 

and such sums as may be necessary for fiscal years 2004 through 

2007 to carry out programs and activities authorized under this 

subtitle. 

* * * * * * *

FAMILY VIOLENCE PREVENTION AND SERVICES ACT 

* * * * * * *

DECLARATION OF PURPOSE

SEC. 302. It is the purpose of this title to—

(1) ødemonstrate the effectiveness of assisting¿ assist States 

in efforts to increase public awareness about and prevent family violence and to provide immediate shelter and related assistance for victims of family violence and their dependents; 

and 

* * * * * * *

STATE DEMONSTRATION GRANTS AUTHORIZED

SEC. 303. (a)(1) * * *

* * * * * * *

(A) * * *

* * * * * * *

(C) set forth procedures designed to involve øState domestic 

violence coalitions knowledgeable individuals and interested 

organizations¿ State domestic violence coalitions, knowledgeable individuals, and interested organizations and assure an 

equitable distribution of grants and grant funds within the 

State and between urban and rural areas within such State 

and a plan to address the needs of øunderserved populations, 

including populations underserved because of ethnic, racial, 

cultural, language diversity or geographic isolation;¿ underserved populations, as defined in section 2003 of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

2);

* * * * * * *
71

(F) provide documentation to the Secretary that the State 

has a law or procedure that has been implemented for the eviction of an abusing spouse from a share household; and

* * * * * * *

(5) Upon completion of the activities funded by a grant under this 

title, the State grantee shall submit to the Secretary a report that 

contains a description of the activities carried out under paragraph 

(2)(B)(i).

SECRETARIAL RESPONSIBILITIES

SEC. 305. (a) The Secretary shall appoint øan employee¿ 1 or 

more employees of the Department of Health and Human Services 

to carry out the provisions øof this title¿ of this title, including carrying out evaluation and monitoring under this title. øThe individual¿ Any individual appointed under this subsection shall, prior 

to such appointment, have had expertise in the field of family violence prevention and services. 

* * * * * * *

(b) * * *

(1) * * *

(2)(A) øprovide for research, and into¿ provide for research 

into the most effective prevention, identification, and treatment thereof (such as research into (1) the effectiveness of reducing repeated incidents of family violence through a variety 

of sentencing alternatives, such as incarceration, fines, and 

counseling programs, individually or in combination, and 

through the use of civil protection orders removing the abuser 

from the family household, (ii) the necessity and impact of a 

mandatory reporting requirement relating to incidents of family violence, particularly abuse of elderly persons), (iii) the effectiveness of providing safety and support to maternal and 

child victims of family violence as a way to eliminate the abuse 

experienced by children in such situations, (iv) identification of 

intervention approaches to child abuse prevention services 

which appear to be successful in preventing child abuse where 

both mother and child are abused, (v) effective and appropriate 

treatment services for children where both mother and child 

are abused, and (vi) the individual and situational factors leading to the end of violent and abusive behavior by persons who 

commit acts of family violence, including such factors as history of previous violence and the legal and service interventions received, and (B) make a complete study and investigation (in consultation with the National Institute on Aging) of 

the national incidence of abuse, neglect, and exploitation of elderly persons, including a determination of the extent to which 

incidents of such abuse, neglect, and exploitation are increasing in number or severity; and 

* * * * * * *

EVALUATION

SEC. 306 øNot 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,¿
72

Every 2 years the Secretary shall review, evaluate, and report to 

the appropriate Committees of the Congress, as to the effectiveness 

of the programs administered and operated pursuant to this title, 

particularly in relation to repeated incidents of family violence. 

Such report shall also include a summary of the documentation 

provided to the Secretary under section 303(a)(2)(B) through 

303(a)(2)(F). 

* * * * * * *

SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS. 

(a) PURPOSE AND GRANTS.—

* * * * * * *

ø(g) REGULATIONS.—Not later than 90 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. Not later than 120 days after 

such date of enactment, the Secretary shall publish final regulations.¿

* * * * * * *

SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There are authorized to be appropriated to carry out this title $175,000,000 for each of fiscal years 2001 

through 2005¿

(a) IN GENERAL.—There is authorized to be appropriated to carry out this title $175,000,000 for each of fiscal years 2003 through 

2007.

* * * * * * *

SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS. 

(a) IN GENERAL.—***

(2) * * *

(A) * * *

* * * * * * *

(K) the use of training and technical assistance to law 

enforcement, judges, court officers and øother criminal justice professionals,;¿ other criminal justice professionals; 

* * * * * * *

(3) work with øfamily law judges,,¿ family law judges, criminal court judges, Child Protective Services agencies, and children’s advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases as well as 

cases where domestic violence and child abuse are both 

present, including—

* * * * * * *

(A) * * *

* * * * * * *

(D) the use of training and technical assistance for family law judges, criminal court judges, and court personnel; 

* * * * * * *

(H) the implementation of øsupervised visitations that 

do not endanger victims and their children¿ supervised 
73

visitations or denial of visitation to protect against danger 

to victims or their children; and 

* * * * * * *

ø(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to be used to award grants under this section 

$8,000,000 for fiscal year 1992, and such sums as may be necessary 

for each of the fiscal years 1993 through 1995. 

ø(h) REGULATIONS.—Not later than 90 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. Not later than 120 days after 

such date of enactment, the Secretary shall publish final regulations implementing this section.¿

(g) FUNDING.—Of the amount appropriated pursuant to the authorization of appropriations under section 310(a) for a fiscal year, 

not less than 10 percent of such amount shall be made available to 

award grants under this section.

ADMINISTRATION AND STATUTORY CONSTRUCTION

SEC. 312. (a) * * *

* * * * * * *

(c) Of the amount appropriated under section 310(a) for each fiscal year, not more than 2 percent shall be used by the Secretary for 

evaluation, monitoring, and other administrative costs under this 

title.

øSection 313 of the Family Violence Prevention and Services Act 

is repealed.¿

* * * * * * *

øSection 315 of the Family Violence Prevention and Services Act 

is repealed.¿

SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT. 

(a) IN GENERAL.—***

(b) DURATION.—øA grant¿ (1) IN GENERAL.—Except as provided 

in paragraph (2), a grant under this section may extend over a period of not more than 5 years.

(2) EXTENSION.—The Secretary may extend the duration of a 

grant under this section beyond the period described in paragraph 

(1) if, prior to such extension—

(A) the entity prepares and submits to the Secretary a report 

that evaluates the effectiveness of the use of amounts received 

under the grant for the period described in paragraph (1) and 

contains any other information the Secretary may prescribe; 

and 

(B) the report and other appropriate criteria indicate that the 

entity is successfully operating the hotline in accordance with 

subsection (a).’’.

* * * * * * *

(f) AUTHORIZATION OF APPROPRIATIONS.—

ø(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section $2,000,000 for each of fiscal years 

2001 through 2005.¿
74

(1) IN GENERAL.—There is authorized to be appropriated to 

carry out this section $5,000,000 for each of fiscal years 2003 

through 2007.

* * * * * * *

øSection 317 of the Family Violence Prevention and Services Act 

is repealed.¿

SEC. 317. NATIONAL DOMESTIC VIOLENCE HOTLINE ENHANCEMENT. 

(a) PURPOSES.—The purposes of this section are as follows: 

(1)(A) To provide a grant to develop a fully secure, continuously updated network of available domestic violence shelters 

and services across the United States. 

(B) To make the network available to entities consisting of the 

entity providing the National Domestic Violence Hotline, shelters nationwide, State and local domestic violence agencies, and 

other domestic violence organizations, to enable such entities to 

connect a victim of domestic violence to the most safe, appropriate, and convenient shelter, while the victim remains on the 

telephone line, or in the most efficient way possible.

(2) to ensure that domestic violence victims get the help the 

victims need in a single phone call. 

(b) GRANTS AUTHORIZED.—The Secretary shall award a grant to 

a nonprofit organization to establish and operate, after consultation 

and collaboration with appropriate officials of the Department of 

Health and Human Services, an Internet Website (referred to in this 

section as the Website) that shall—

(1) link, to the greatest extent possible, entities consisting of 

the entity providing the National Domestic Violence Hotline, 

every domestic violence shelter in the United States, State and 

local domestic violence organizations so that such entities will 

be able to connect a victim of domestic violence to the most safe, 

appropriate, and convenient domestic violence shelter, while the 

victim remains on the telephone line, or in the most efficient 

way possible; 

(2) be highly secure; and 

(3) contain continuously updated information as to available 

services and space in domestic violence shelters across the 

United States, to the maximum extent practicable. 

(c) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 

this section, a nonprofit organization shall submit to the Secretary 

an application at such time, in such manner, and containing such 

information as the Secretary may require. The application shall—

(1) demonstrate the experience of the applicant in successfully 

developing and managing a technology-based network of domestic violence shelters; 

(2) demonstrate a record of success of the applicant in meeting the needs of domestic violence victims and their families; 

and 

(3) include a certification that the applicant will—

(A) implement the highest level security system to ensure 

the confidentiality of the Website; 

(B) establish, within 5 years, a Website that links the entities described in subsection (b)(1); 
75

(C) consult with the entities described in subsection (b)(1) 

in developing and implementing the Website and providing 

Internet connections; and 

(D) otherwise comply with the requirements of this section. 

(d) USE OF GRANT AWARD.—The recipient of a grant award under 

this section shall— (1) collaborate with officials at the Department of Health and 

Human Services in a manner determined to be appropriate by 

the Secretary; 

(2) collaborate with the entity providing the National Domestic Violence Hotline in developing and implementing the network; 

(3) ensure that the Website is continuously updated; 

(4) ensure that the Website provides information describing 

the services of each domestic violence shelter to which the 

Website is linked, including information for individuals with 

limited English proficiency and information concerning access 

to medical care, social services, transportation, services for children, and other relevant services; 

(5) ensure that the Website provides up-to-the-minute information on available bed space in domestic violence shelters 

across the United States, to the maximum extent practicable; 

(6) provide training to the staff of the Hotline and to staff of 

the entities described in subsection (b)(1) regarding how to use 

the Website to best meet the needs of callers; 

(7) provide Internet access to domestic violence shelters in the 

United States that do not have the appropriate technology for 

such access, to the maximum extent practicable; and 

(8) to ensure that after the third year of the Website project, 

the recipient will develop a plan to expand the sources of funding for the Website to include funding from public and private 

entities, although nothing in this paragraph shall preclude a 

grant recipient under this section from raising funds from other 

sources at any time during the 5-year grant period. 

(e) 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 

entity receiving the grant or to the website. 

(f) DURATION OF GRANT.—The term of a grant awarded under 

this section shall be 5 years. 

(g) EVALUATION.—The Secretary shall annually—

(1) conduct an evaluation of the grant program carried out 

under this section in a manner that shall be designed to derive 

information on—

(A) the confidentially of the Website; 

(B) the progress of the grant recipient in linking the entities described in subsection (b)(1) to the network described 

in subsection (c)(1): 

(C) the number of individuals served by the Website; 

(D) any decrease in the number of phone calls necessary 

to find shelter space for victims of domestic violence; and 

(E) other matters that the Secretary determines to be appropriate to ensure that the grant recipient is achieving the 

purposes of this section; and 
76

(2) submit to Congress a report on the results of that evaluation. 

(h) OVERSIGHT.—The Secretary shall have access to, monitor, and 

help ensure the security of the Website. 

(i) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this section—

(A) $5,000,000 for fiscal year 2003; and 

(B) such sums as may be necessary for each of fiscal 

years 2004 through 2007. 

(2) ADMINISTRATIVE COSTS.—Of the amount made available 

to carry out this section for each fiscal year the Secretary may 

use not more than 2 percent for administrative costs associated 

with the grant program carried out under this section, of which 

not more than 5 percent shall be used to assist the entity providing the National Domestic Violence Hotline to participate in 

the establishment of the Website.

SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES. 

(a) IN GENERAL.—XXX 

* * * * * * *

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $6,000,000 for each of 

fiscal years 2001 through 2005. 

ø(i) REGULATIONS.—Not later than 60 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. Not later than 120 days after the 

date of enactment, the Secretary shall publish final regulations implementing this section.¿

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $6,000,000 for each of fiscal years 2003 through 2007.

SEC. 319. TRANSITIONAL HOUSING ASSISTANCE. 

(a) IN GENERAL.—XXX 

* * * * * * * 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $25,000,000 for fiscal 

year 2001.¿

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $25,000,000 for each of fiscal years 2003 through 2007.

SEC. 320. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE. 

(a) GRANTS AUTHORIZED.—The Secretary may award grants on a 

competitive basis to eligible entities for the purposes and in the 

manner described in paragraphs (1), (2), and (3) of section (d) for 

the benefit of children exposed to domestic violence. 

(b) ELIGIBILITY.—To be eligible to receive a grant under this section, an entity shall, as part of the application of the entity submitted under paragraph (1), (2), or (3) of subsection (d), describe the 

policies and procedures that entity has or will adopt to— (1) enhance or ensure the safety and security of a battered 

parent and, as a result, the child involved; 
77

(2) ensure that all services under this section are provided in 

a developmentally, linguistically, and culturally competent 

manner; and 

(3) ensure the confidentiality of child and adult victims of domestic violence in a manner that is consistent with applicable 

Federal and State law, including exempting domestic violence 

victim service providers from requirements to share confidential 

information about families receiving services except as required 

by law or with the informed, written consent of the adult victim 

being served. 

(c) GRANT AWARDS AND DISTRIBUTION.—

(1) GRANT AWARDS.—The Secretary shall award grants under 

this section—

(A) for periods of not more than 3 fiscal years; and 

(B) in amounts that are less than $50,000 per fiscal year 

and not more than $300,000 per fiscal year. 

(2) DISTRIBUTION.—In awarding grants under this section, 

the Secretary shall—

(A) ensure a reasonable geographical distribution among 

grantees in rural, urban, and suburban areas throughout 

the United States; and 

(B) consider the needs of underserved populations, as defined in section 2003 of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3796gg–2). 

(d) USE OF FUNDS.—

(1) DIRECT SERVICES FOR CHILDREN EXPOSED TO DOMESTIC

VIOLENCE.—

(A) IN GENERAL.—An entity shall use amounts provided 

under a grant awarded for purposes of this paragraph to 

design or replicate, and implement, a program or provide 

services (in accordance with subparagraph (B)) using domestic violence intervention models to respond to the needs 

of children who—

(i) are exposed to domestic violence; and 

(ii) have a parent or caregiver who is a victim of domestic violence and who is receiving services from such 

entity.

(B) PROGRAM OR SERVICES.—The program or services described in subparagraph (A)—

(i) shall be a new program or new services, or a new 

component (that is not offered by the entity on the date 

on which the entity submitted an application for the 

grant) of an existing program or services; 

(ii) shall provide direct counseling or appropriate 

services or advocacy for children who have been exposed to domestic violence; 

(iii) may include early childhood and mental health 

services; 

(iv) may provide services to assist in legal advocacy 

efforts on behalf of children with respect to issues related directly to services the children are receiving from 

the program or services described in subparagraph (A); 

(v) may include respite care, supervised visitation, 

and specialized services for children; and 
78

(vi) may provide additional services and resources 

for children including child care, transportation, educational support, respite care, supervised visitation, 

and access to specialized services for children, so long 

as the grantee does not use more than 25 percent of the 

amounts made available through the grant to enter 

into a contract with another organization to provide 

such additional services and resources. 

(C) GRANTEE REQUIREMENTS.— (i) APPLICATION.—With respect to grants for the use 

of funds under this paragraph, an eligible entity (as 

described in clause (ii) and subsection (b)) shall prepare and submit to the Secretary an application at 

such time, in such manner, and containing such information as the Secretary may require, including a description of the intended uses of the grant funds consistent with subparagraphs (A) and (B). 

(ii) ELIGIBILITY.—To be eligible to receive a grant for 

the use of funds under this paragraph, an entity shall 

meet the requirements of section 303(a)(2)(A) or section 

303(b)(1). Eligible entities may enter into partnerships 

with other agencies, organizations, or tribal entities to 

enhance the capacity of such entities to deliver effective 

services to children exposed to domestic violence. 

(2) GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD

WELFARE AGENCIES, DOMESTIC VIOLENCE VICTIM SERVICE PRO- VIDERS, COURTS, LAW ENFORCEMENT, AND OTHER ENTITIES.— (A) IN GENERAL.—An entity shall use amounts provided 

under a grant awarded for purposes of this paragraph to 

carry out a program or provide services to develop collaborative responses and provide cross-training to enhance community responses to cases where child abuse and neglect 

and domestic violence intersect. 

(B) PROGRAM OR SERVICES.—The program or services described in subparagraph (A) shall—

(i) encourage cross training, education, and collaboration among child welfare agencies, domestic violence 

victim service providers, and (as applicable) courts (including family, criminal, juvenile courts, or tribal 

courts), law enforcement agencies, and other entities, to 

identify, assess, and respond appropriately to—

(I) domestic violence in homes where children 

are present and may be exposed to the violence; 

(II) domestic violence in child protection cases; 

and 

(III) the needs of both child and adult victims of 

such violence; 

(ii) establish and implement policies, procedures, 

programs, and practices for child welfare agencies, domestic violence victim service providers, and (as applicable) courts (including family, criminal, juvenile, or 

tribal courts), law enforcement agencies, and other entities, that are consistent with the principles of protecting and increasing the safety and well being of children by—
79

(I) tending to their immediate and longer term 

needs for treatment and support; 

(II) increasing the safety, antonomy, capacity, 

and financial security of non-abusing parents, including developing service plans that provide resources and support to non-abusing parents; 

(III) protecting the safety, security, and wellbeing of children by preventing their unnecessary 

removal from a non-abusing parent, or, in cases 

where removal of the child is necessary to protect 

the child’s safety, taking the necessary steps to provide appropriate services to the child and the nonabusing parent to promote the safe and appropriately prompt reunification of the child with the 

non-abusing parent; 

(IV) recognizing the relationship between child 

abuse or neglect (including child sexual abuse) and 

domestic violence in a family, as well as the impact of and danger posed by the perpetrators’ behavior on both child and adult victims; and 

(V) holding adult perpetrators of domestic violence, not child and adult victims of abuse or neglect, accountable for stopping the perpetrators’

abusive behaviors; 

(iii) increase cooperation and enhance linkages between child welfare agencies, domestic violence victim 

service providers, and (as applicable) courts (including 

family, criminal, juvenile courts, or tribal courts), law 

enforcement agencies, and other entities to provide 

more comprehensive community-based services (including health, mental health, social service, housing, and 

neighborhood resources) to protect and to serve both 

child and adult victims; 

(iv) identify, assess, and respond appropriately to domestic violence in child protection cases; and 

(v) provide appropriate referrals to community-based 

programs and resources, such as health and mental 

health services, shelter and housing assistance for 

adult victims and their children, legal assistance and 

advocacy for adult victims, assistance for parents to 

help their children cope with the impact of exposure to 

domestic violence, appropriate intervention and treatment for adult perpetrators of domestic violence whose 

children are the subjects of child protection cases, and 

other necessary supportive services. 

(C) GRANTEE REQUIREMENTS.—

(i) APPLICATION.—With respect to grants for the use 

of funds under this paragraph, an eligible entity (as 

described in clause (ii) and subsection (b)) shall prepare and submit to the Secretary an application at 

such time, in such manner, and containing such information as the Secretary may require, including—

(I) a description of the intended uses of the grant 

funds consistent with subparagraphs (A) and (B); 
80

(II) an outline and description of how training 

and other activities will be undertaken through the 

grant to promote collaboration; 

(III) an identification of the members of the partnership that will be responsible for carrying out 

the initiatives for which the partnership seeks the 

grant (including a description of roles of subcontractors and documentation of appropriate compensation of all partners, where relevant); 

(IV) documentation of any history of collaboration between child welfare agencies, domestic violence victim service providers, and (as applicable) 

courts (including family, criminal, juvenile courts, 

or tribal courts), law enforcement agencies, and 

other entities that have been involved in the development of the application; and 

(V) assurances that training and other activities 

described in subparagraph (B) will be provided to 

all levels of staff, will address appropriate practices for investigation, follow-up, screening, intake, 

assessment, and will provide services addressing 

the safety needs of child and adult victims in cases 

where child abuse and neglect and domestic violence intersect. 

(ii) ELIGIBILITY.—To be eligible to receive a grant for 

the use of funds under this paragraph, an entity shall 

be a partnership that—

(I) shall include a State child welfare agency, a 

tribal organization that serves as a child welfare 

agency, or a local child welfare agency; 

(II) shall include a domestic violence victim service provider, such as a domestic violence victim 

service program, tribal domestic violence victim 

service program, or coalition or other private nonprofit organization carrying out a communitybased domestic violence program that has a documented history of effective work concerning domestic violence and the impact that exposure to domestic violence has on children; 

(III) may include a State, tribal, or local court 

(including family, criminal, juvenile or tribal 

courts); 

(IV) may include a State or local law enforcement agency with responsibility for responding to 

reports of domestic violence and child abuse and 

neglect; and 

(V) may include any other such agencies or private nonprofit organizations with the capacity to 

provide effective help to the child and adult victims served by the partnership. 

(D) PRIORITY.—In awarding grants under this paragraph, the Secretary shall give priority to partnerships that 

include State or local courts (including family, criminal, 

juvenile, or tribal courts) and law enforcement agencies. 
81

(3) MULTISYSTEM INTERVENTIONS FOR CHILDREN EXPOSED TO

DOMESTIC VIOLENCE.— (A) IN GENERAL.—An entity shall use amounts provided 

under a grant awarded for purposes of this paragraph to 

carry out a program or provide services to develop and implement multisystem intervention models to respond to the 

needs of children exposed to domestic violence. 

(B) PROGRAMS OR SERVICES.—The programs or services 

described in subparagraph (A) shall— (i) design and implement protocols and systems to 

identify and appropriately respond to the needs of children exposed to domestic violence who are participating in programs administered by the grantee; 

(ii) establish guidelines to evaluate the mental health 

needs of the children and make appropriate intervention recommendations; 

(iii) include the development or replication of an effective mental health treatment model to meet the 

needs of children for whom such treatment has been 

identified as appropriate; 

(iv) establish institutionalized procedures to enhance 

or ensure the safety and security of adult victims of domestic violence and, as a result, their children; 

(v) provide direct counseling or appropriate services 

or advocacy for adult victims of domestic violence and 

their children who have been exposed to domestic violence 

(vi) establish or implement policies and protocols for 

maintaining the safety confidentiality of the adult victims and their children; 

(vii) provide community outreach and training to enhance the capacity of professionals who work with children to appropriately identify and respond to the mental health needs of children who have been exposed to 

domestic violence; 

(viii) establish procedures for documenting interventions used for each child and family; 

(ix) establish plans to perform a systematic outcome 

evaluation to evaluate the effectiveness of the interventions; 

(x) ensure that all services are provided in a culturally competent manner; and 

(xi) provide appropriate remuneration to entities described in paragraph (2)(A) who participate in the 

partnership. 

(C) GRANTEE REQUIREMENTS.—

(i) APPLICATION.—With respect to grants for the 

use of funds under this paragraph, an eligible entity (as described in clause (ii) and subsection (b)) 

shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (I) a description of the intended uses of the grant 

funds consistent with subparagraphs (A) and (B); 
82

(II) an outline of how multi-system interventions 

will be designed and implemented by the applicant, including submitting signed memoranda of 

understanding executed by the any partners of the 

applicant, describing the roles of each participating entity and the amount of remuneration each 

participating entity will receive; 

(III) a demonstration, to ensure that children of 

all ages utilizing services provided under the grant 

will have access to appropriate mental health services, of—

(aa) the applicant’s recognized history of 

providing advocacy, health care, chile mental 

health, or crisis services for children in domestic violence cases; or; 

(bb) the applicant’s partnerships with providers having expertise in child mental health 

services; and 

(IV) a memorandum of understanding with the 

appropriate State or tribal coalition against domestic violence, to ensure coordination of and dissemination of information about activities to be 

carried out under the grant. 

(ii) ELIGIBILITY.—To be eligible to receive a grant for 

the use of funds under this paragraph, an entity shall 

be a collaborative partnership that includes—

(I) a local private nonprofit organization that—

(aa) carry out a domestic violence victim 

service program that provides shelter or related assistance; or 

(bb) has expertise in the field of providing 

services to victims of domestic violence and an 

understanding of the effects of exposure to domestic violence on children; and 

(II) other partners, such as courts (including family, 

criminal, juvenile, or tribal courts), schools, social service providers, health care providers, law enforcement, 

early childhood agencies, entities carrying out Head 

Start programs under the Head Start Act (42 U.S.C. 

9831 et seq.), or entities carrying out child protection, 

financial assistance, job training, housing, or children’s mental health programs. 

(e) ANNUAL REPORTS.—An entity receiving a grant under this section shall report to the Secretary annually, at a minimum—

(1) what services and, where appropriate, what collaborative 

efforts were provided with funds under this section; 

(2) the extent to which underserved populations were served 

with funds received under this section; and 

(3) how children exposed to domestic violence and, where appropriate, adult victims of domestic violence benefited from 

such the activities conducted under the grant. 

(f) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to 

carry out this section, $20,000,000 for each of fiscal years 2003 
83

through 2007. Amounts appropriated under this subsection 

shall remain available until expended. 

(2) ALLOCATION OF AMOUNTS.—Of the amount appropriated 

to carry out this section for each fiscal year, the Secretary 

shall—

(A) make available not less than 33 percent of such 

amount for each of the programs described in subsection 

(d)(1); 

(B) make available not more than 3 percent of such 

amount for evaluation, monitoring, and other administrative costs associated with conducting activities under this 

section; and 

(C) make available not less than 10 percent of such 

amount for Indian tribes. 

* * * * * * *

ABANDONED INFANTS ASSISTANCE ACT 

* * * * * * *

SEC. 2. FINDINGS. 

The Congress finds that— ø(1) throughout the Nation, the number of infants and young 

children who have been exposed to drugs taken by their mothers during pregnancy has increased dramatically;¿

ø(2)¿ (1) studies indicate that a number of factors contribute 

to the inability of some parents øwho abuse drugs¿ to provide 

adequate øcare for such infants¿ care for their infants and 

young children and a lack of suitable shelter homes for such 

infants and young children have led to the abandonment of 

such infants and young children in hospitals for extended periods; 

ø(3)¿(2) an unacceptable number of these infants and young 

children will be medically cleared for discharge, yet remain in 

hospitals as boarder babies; 

ø(4)¿ (3) hospital-based child care for these infants and 

young children is extremely costly and deprives them of an 

adequate nurturing environment; 

ø(5) training is inadequate for foster care personnel working 

with medically fragile infants and young children and infants 

and young children exposed to drugs;¿

(4) appropriate training is needed for personnel working with 

infants and young children with life-threatening conditions and 

other special needs, including those who are infected with the 

human immunodeficiency virus (commonly known as ‘‘HIV’’), 

those who have acquired immune deficiency syndrome (commonly know as ‘‘AIDS’’), and those who have been exposed to 

dangerous drugs;

ø(6) a particularly devastating development is the increase 

in the number of infants and young children who are infected 

with the human immunodeficiency virus (which is believed to 

cause acquired immune deficiency syndrome and which is commonly known as HIV) or who have been perinatally exposed to 

the virus or to a dangerous drug; 

ø(7) many such infants and young children have at least one 

parent who is an intravenous drug abuser.¿
84

ø(8)¿ (5) such infants and young children are particularly 

difficult to place in foster homes, and are being abandoned in 

hospitals in increasing numbers by mothers dying of acquired 

immune ødeficiency syndrome,¿ by parents abusing drugs, or 

by parents incapable of providing adequate care; 

ø(9)¿ (6) there is a need for øcomprehensive services for such 

infants and young children, including foster family care services, case management services, family support services, respite and crisis intervention services, counseling services, and 

group residential home services;¿ comprehensive support services for such infants and young children and their families and 

services to prevent the abandonment of such infants and young 

children, including foster care services, case management services, family support services, respite and crisis intervention 

services, counseling services, and group residential home services; and 

ø(10)¿ (7) there is a need to support the families of such infants and young children through the provision of services that 

will prevent the abandonment of the infants and children; and 

ø(11)¿ (8) there is a need for the development of funding 

strategies that coordinate and make the optimal use of all private resources, and Federal, State, and local resources, to establish and maintain such services. 

(9) Private, Federal, State, and local resources should be coordinated to establish and maintain such services and to ensure 

the optimal use of all such resources.

ø(b) SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION 

PROJECTS.¿

SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.

(a) * * *

ø(b) CASE PLAN WITH RESPECT TO FOSTER CARE.—The Secretary 

may not make a grant under subsection (a) unless that applicant 

for the grant agrees that, if the applicant expends the grant to 

carry out any program of providing care to infants and young children in foster homes or in other nonmedical residential settings 

away from their parents, the applicant will ensure that—

ø(1) a case plan of the type described in paragraph (1) of section 475 of the Social Security Act [section 675(1) of this title] 

is developed for each such infant and young child (to the extent 

that such infant and young child is not otherwise covered by 

such a plan); and 

ø(2) the program includes a case review system of the type 

described in paragraph (5) of such section (covering each such 

infant and young child who is not otherwise subject to such a 

system).¿

(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.
85

SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY. 

ø(a) EVALUATIONS OF DEMONSTRATION PROJECTS.—The Secretary 

shall, directly or through contracts with public and nonprofit private entities, provide for evaluations of projects carried out under 

section 101 and for the dissemination of information developed as 

result of such projects. 

ø(b) STUDY AND REPORT ON NUMBER OF ABANDONED INFANTS

AND YOUNG CHILDREN.— ø(1) The Secretary shall conduct a study for the purpose of 

determining— ø(A) an estimate of the number of infants and young 

children abandoned in hospitals in the United States and 

the number of such infants who have acquired immune deficiency syndrome; and 

ø(B) an estimate of the annual costs incurred by the 

Federal Government and by State and local governments 

in providing housing and care for such infants and young 

children. 

ø(2) The Secretary shall, not later than 12 months after the 

date of the enactment of this Act [October 18, 1988], complete 

the study required in paragraph (1) and submit to the Congress a report describing the findings made as a result of the 

study. 

ø(c) STUDY AND REPORT ON EFFECTIVE CARE METHODS.— ø(1) The Secretary shall conduct a study for the purpose of 

determining the most effective methods for responding to the 

needs of abandoned infants and young children. 

ø(2) The Secretary shall, not later than April 1, 1991, complete the study required in paragraph (1) and submit to the 

Congress a report describing the findings made as a result of 

the study.¿

SEC. 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 233(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. 
86

(2) DEADLINE.—Not later than 36 months after the date of the 

enactment of the Keeping Children and Families Safe Act of 

2002, the Secretary shall complete the study required under 

paragraph (1) and submit to the Congress a report describing 

the findings made as a result of the study. 

(c) EVALUATION.—The Secretary shall evaluate and report on effective methods of intervening before the abandoned 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.

øSEC. 103. DEFINITIONS. 

øFor purposes of this title: 

ø(1) The terms ‘‘abandoned’’ and ‘‘abandonment,’’ with respect to infants and young children, mean that the infants and 

young children are medically cleared for discharge from acutecare hospital settings, but remain hospitalized because of a 

lack of appropriate out-of-hospital placement alternatives. 

ø(2) The term ‘‘dangerous drugs’’ means a controlled substance, as defined in section 102 of the Controlled Substances 

Act [21 U.S.C.A. § 802]. 

ø(3) The term ‘‘natural family’’ shall be broadly interpreted 

to include natural parents, grandparents, family members, 

guardians, children residing in the household, and individuals 

residing in the household on a continuing basis who are in a 

care-giving situation with respect to infants and young children covered under this Act.¿

SEC. 103. DEFINITIONS. 

For purposes of this Act: 

(1) The terms ‘‘abandoned’’ and ‘‘abandonment’’, with respect 

to infants and young children, mean that the infants and young 

children are medically cleared for discharge from acute-care 

hospital settings, but remain hospitalized because of a lack of 

appropriate out-of-hospital placement alternatives. 

(2) The term ‘‘acquired immune deficiency syndrome’’ includes 

infection with the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic 

agent, and any condition arising from such etiologic agent. 

(3) The term ‘‘dangerous drugs’’ means a controlled substance, as defined in section 102 of the Controlled Substances 

Act. 

(4) The term ‘‘natural family’’ shall be broadly interpreted to 

include natural parents, grandparents, family members, guardians, children residing in the household, and individuals residing in the household on a continuing basis who are in a caregiving situation with respect to infants and young children covered under this subtitle. 

(5) The term ‘‘Secretary’’ means the Secretary of Health and 

Human Services.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—

ø(1) For the purpose of carrying out this title (other than section 102(b)), there are authorized to be appropriated 

$35,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2001. 
87

ø(2)(A) Of the amounts appropriated under paragraph (1) for 

any fiscal year in excess of the amount appropriated under this 

subsection for fiscal year 1991, as adjusted in accordance with 

subparagraph (B), the Secretary shall make available not less 

than 50 percent for grants under section 101(a) to carry out 

projects described in paragraph (8) of such section. 

ø(B) For purposes of subparagraph (A), the amount relating 

to fiscal year 1991 shall be adjusted for a fiscal year to a greater amount to the extent necessary to reflect the percentage increase in the consumer price index for all urban consumers 

(U.S. city average) for the 12-month period ending with March 

of the preceding fiscal year. 

ø(3) Not more than 5 percent of the amounts appropriate 

under paragraph (1) for any fiscal year may be obligated for 

carrying out section 102(a).¿

(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 2003 and such sums as may be necessary for fiscal years 

2004 through 2007. 

(2) LIMITATION.—Not more than 5 percent of the amounts appropriated under paragraph (1) for any fiscal year may be obligated for carrying out section 224(a).

ø(b) DISSEMINATION OF INFORMATION FOR INDIVIDUALS WITH SPE- CIAL NEEDS.—For the purpose of carrying out section 102(b), there is authorized to be appropriated $5,000,000 for each of the fiscal 

years 1992 through 1995.¿

ø(c)¿ (b) ADMINISTRATIVE EXPENSES.— (1) AUTHORIZATION.—For the purpose of the administration 

of this title by the Secretary, there is authorized to be appropriated for each fiscal year specified in subsection (a)(1) an 

amount equal to 5 percent of the amount authorized in such 

subsection to be appropriated for the fiscal year. With respect 

to the amounts appropriated under such subsection, the preceding sentence may not be construed to prohibit the expenditure of the amounts for the purpose described in such sentence. 

(2) LIMITATION.—The Secretary may not obligate any of the 

amounts appropriated under paragraph (1) for a fiscal year unless, from the amounts appropriated under subsection (a)(1) for 

the fiscal year, the Secretary has obligated for the purpose described in such paragraph an amount equal to the amounts obligated by the Secretary for such purpose in øfiscal year 1991.¿

fiscal year 2002.

ø(d)¿ (c) AVAILABILITY OF FUNDS.—Amounts appropriated under 

this section shall remain available until expended. 

* * * * * * *

Æ