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107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 107–403

KEEPING CHILDREN AND FAMILIES SAFE ACT OF 2002

APRIL 11, 2002.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. BOEHNER, from the Committee on Education and the

Workforce, submitted the following

R E P O R T

together with

ADDITIONAL MINORITY VIEWS

[To accompany H.R. 3839]

[Including cost estimate of the Congressional Budget Office]

The Committee on Education and the Workforce, to whom was

referred the bill (H.R. 3839) to reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes, having considered

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Keeping Children and Families Safe Act of 2002’’.

TITLE I—CHILD ABUSE PREVENTION AND

RELATED PROGRAMS

Subtitle A—Amendments to the Child Abuse

Prevention and Treatment Act

CHAPTER 1—GENERAL PROGRAM

SEC. 101. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

Section 102 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102)

is repealed.

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SEC. 102. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE.

(a) FUNCTIONS.—Section 103(b)(1) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5104(b)(1)) is amended by striking ‘‘all programs, including private

programs, that show promise of success’’ and inserting ‘‘all effective programs, including private programs, that show promise of success and the potential for broadscale implementation and replication’’.

(b) COORDINATION WITH AVAILABLE RESOURCES.—Section 103(c)(1) of such Act (42

U.S.C. 5104(c)(1)) is amended—

(1) in subparagraph (E), by striking ‘‘and’’ at the end;

(2) by redesignating subparagraph (F) as subparagraph (G); and

(3) by inserting after subparagraph (E) the following:

‘‘(F) collect and disseminate information that describes best practices

being used throughout the Nation for making appropriate referrals related

to, and addressing, the physical, developmental, and mental health needs

of abused and neglected children; and’’.

SEC. 103. RESEARCH AND ASSISTANCE ACTIVITIES.

(a) RESEARCH.—Section 104(a) of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5105(a)) is amended—

(1) by redesignating paragraph (2) as paragraph (4);

(2) by redesignating paragraph (1)(D) as paragraph (2) (and redesignating the

corresponding items contained therein accordingly) and moving such paragraph

two ems to the left;

(3) in paragraph (1)—

(A) in the first sentence of the matter preceding subparagraph (A), by inserting ‘‘, including longitudinal research,’’ after ‘‘interdisciplinary program

of research’’;

(B) in subparagraph (B), by inserting at the end before the semicolon the

following: ‘‘, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other

services that are needed’’;

(C) in subparagraph (C)—

(i) by striking ‘‘judicial procedures’’ and inserting ‘‘judicial systems,

including multidisciplinary, coordinated decisionmaking procedures’’;

and

(ii) by striking ‘‘and’’ at the end; and

(D) by adding at the end the following:

‘‘(D) the evaluation and dissemination of best practices consistent with

the goals of achieving improvements in the child protective services systems

of the States in accordance with paragraphs (1) through (12) of section

106(a);

‘‘(E) effective approaches to interagency collaboration between the child

protection system and the juvenile justice system that improve the delivery

of services and treatment, including methods for continuity of treatment

plan and services as children transition between systems;

‘‘(F) an evaluation of the redundancies and gaps in the services in the

field of child abuse and neglect prevention in order to make better use of

resources; and

‘‘(G) the information on the national incidence of child abuse and neglect

specified in subparagraphs (A) through (K) of paragraph (2).’’;

(4) in paragraph (2) (as redesignated)—

(A) by striking the matter preceding subparagraph (A) (as redesignated)

and inserting ‘‘The Secretary shall conduct research on the national incidence of child abuse and neglect, including—’’;

(B) in subparagraph (H) (as redesignated), by striking ‘‘and’’ at the end;

(C) by redesignating subparagraph (I) (as redesignated) as subparagraph

(J); and

(D) by inserting after subparagraph (H) the following:

‘‘(I) the incidence and prevalence of child maltreatment by reason of family structure, including the living arrangement of the resident parent, family income, and family size; and’’;

(5) by inserting after paragraph (2) (as redesignated) the following:

‘‘(3) REPORT.—Not later than 4 years after the date of the enactment of the

Keeping Children and Families Safe Act of 2002, the Secretary shall prepare

and submit to the Committee on Education and the Workforce of the House of

Representatives and the Committee on Health, Education, Labor and Pensions

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

paragraph (2).’’; and

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(6) in paragraph (4) (as redesignated), by amending subparagraph (B) to read

as follows:

‘‘(B) The Secretary shall, every two years, provide opportunity for public comment of such proposed priorities and provide for an official record of such public

comment.’’.

(b) PROVISION OF TECHNICAL ASSISTANCE.—Section 104(b) of such Act (42 U.S.C.

5105(b)) is amended—

(1) in paragraph (1), by inserting ‘‘, including replicating successful program

models,’’ after ‘‘and carrying out programs and activities’’; and

(2) in paragraph (2)—

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period at the end and inserting

‘‘; and’’; and

(C) by adding at the end the following:

‘‘(D) effective approaches being utilized to link child protective service

agencies with health care, mental health care, and developmental services

to improve forensic diagnosis and health evaluations, and barriers and

shortages to such linkages.’’.

SEC. 104. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE ORGANIZATIONS FOR

DEMONSTRATION PROGRAMS AND PROJECTS.

(a) DEMONSTRATION PROGRAMS AND PROJECTS.—Section 105(a) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘and’’ at the end of subparagraph (B);

(B) by striking the period at the end of subparagraph (C) and inserting

a semicolon; and

(C) by adding at the end the following:

‘‘(D) for training to support the enhancement of linkages between child

protective service agencies and health care agencies, including physical and

mental health services, to improve forensic diagnosis and health evaluations and for innovative partnerships between child protective service agencies and health care agencies that offer creative approaches to using existing Federal, State, local, and private funding to meet the health evaluation

needs of children who have been subjects of substantiated cases of child

abuse or neglect;

‘‘(E) for the training of personnel in best practices to promote collaboration with the families from the initial time of contact during the investigation through treatment; and

‘‘(F) for the training of personnel regarding the legal duties of such personnel.’’;

(2) in paragraph (2), by striking ‘‘(such as Parents Anonymous)’’; and

(3) in paragraph (3)—

(A) in subparagraph (A)—

(i) in the matter preceding clause (i)—

(I) by striking ‘‘responding to reports’’ and inserting ‘‘addressing

the prevention and treatment’’; and

(II) by striking ‘‘including’’ and all that follows through ‘‘triage

system’’ and inserting ‘‘, including community-based organizations,

national entities, collaborative partnerships between State child

protective service agencies, statewide child abuse prevention and

treatment organizations, law enforcement agencies, substance

abuse treatment entities, health care entities, domestic violence

prevention entities, mental health services entities, developmental

disability agencies, community social service agencies, family support programs, schools, religious organizations, and other entities

to allow for the establishment of a triage system’’; and

(ii) in clause (iii), by striking ‘‘child’s safety is in jeopardy’’ and inserting ‘‘child’s safety and health are in jeopardy’’; and

(B) by adding at the end the following:

‘‘(D) LINKAGES BETWEEN CHILD PROTECTIVE SERVICE AGENCIES AND PUBLIC

HEALTH, MENTAL HEALTH, AND DEVELOPMENTAL DISABILITIES AGENCIES.—

The Secretary may award grants to entities that provide linkages between

State or local child protective service agencies and public health, mental

health, and developmental disabilities agencies, for the purpose of establishing linkages that are designed to help assure that a greater number of

substantiated victims of child maltreatment have their physical health,

mental health, and developmental needs appropriately diagnosed and treated.’’.

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(b) DISCRETIONARY GRANTS.—Section 105(b) of such Act (42 U.S.C. 5106(b)) is

amended—

(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(2) by inserting after paragraph (3) the following:

‘‘(4) Programs based within children’s hospitals, or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom

a report of maltreatment has been substantiated.’’.

(c) EVALUATION.—Section 105(c) of such Act (42 U.S.C. 5106(c)) is amended—

(1) in the second sentence, by inserting ‘‘or contract’’ after ‘‘or as a separate

grant’’; and

(2) by adding at the end the following: ‘‘In the case of an evaluation performed

by the recipient of a demonstration grant, the Secretary shall make available

technical assistance for the evaluation, where needed, to ensure a rigorous application of scientific evaluation techniques.’’.

SEC. 105. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS.

(a) DEVELOPMENT AND OPERATION GRANTS.—Section 106(a) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended—

(1) in paragraph (3)—

(A) by inserting ‘‘, including ongoing case monitoring,’’ after ‘‘case management’’; and

(B) by inserting ‘‘and treatment’’ after ‘‘and delivery of services’’;

(2) in paragraph (4)—

(A) by striking ‘‘automation’’ and inserting ‘‘management information and

technology’’; and

(B) by adding at the end before the semicolon the following: ‘‘, including

to support the ability of States to collect information for the National Child

Abuse and Neglect Data System’’;

(3) in paragraph (5), by adding at the end before the semicolon the following:

‘‘, including training regarding best practices to promote collaboration with the

families and the legal duties of such individuals’’;

(4) by redesignating paragraphs (6) through (9) as paragraphs (7) through

(10), respectively;

(5) by inserting after paragraph (5) the following:

‘‘(6) improving the quality and availability of individuals providing services to

children and families, and the supervisors of such individuals, through the child

protection system, including improvements in the recruitment and retention of

caseworkers;’’

(6) by redesignating paragraphs (8) through (10) (as redesignated) as paragraphs (9) through (11), respectively;

(7) by inserting after paragraph (7) the following:

‘‘(8) developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature

and basis for reporting suspected incidents of child abuse and neglect;’’;

(8) by striking ‘‘or’’ at the end of paragraph (10) (as redesignated);

(9) by redesignating paragraph (11) (as redesignated) as paragraph (12);

(10) by inserting after paragraph (10) the following:

‘‘(11) promoting partnerships between public agencies and community-based

organizations to provide child abuse and neglect prevention and treatment services, including linkages with education systems and health care systems (including mental health systems);’’;

(11) by striking the period at the end of paragraph (12) (as redesignated) and

inserting a semicolon; and

(12) by adding at the end the following:

‘‘(13) supporting and enhancing interagency collaboration between the child

protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and

services as children transition between systems; or

‘‘(14) supporting and enhancing collaboration among public health agencies,

the child protection system, and private community-based programs to address

the health needs of children identified as abused or neglected, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports.’’.

(b) ELIGIBILITY REQUIREMENTS.—

(1) STATE PLAN.—Section 106(b)(1)(B) of such Act (42 U.S.C. 5106(b)(1)(B)) is

amended—

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(A) by striking ‘‘provide notice to the Secretary of any substantive

changes’’ and inserting the following: ‘‘provide notice to the Secretary of—

‘‘(i) any substantive changes’’;

(B) by striking the period at the end and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(ii) any significant changes to how funds provided under this section

are used to support the activities which may differ from the activities

as described in the current State application.’’.

(2) COORDINATION.—Section 106(b)(2)(A) of such Act (42 U.S.C.

5106a(b)(2)(A)) is amended—

(A) by redesignating clauses (ii) through (xiii) as clauses (iii) through

(xiv), respectively;

(B) by inserting after clause (i) the following:

‘‘(ii) policies and procedures to address the needs of infants born and

identified with fetal alcohol effects, fetal alcohol syndrome, neonatal intoxication or withdrawal syndrome, or neonatal physical or neurological

harm resulting from prenatal drug exposure, including—

‘‘(I) the requirement that health care providers involved in the

delivery or care of such infants notify the child protective services

system of the occurrence of such condition in such infants, except

that such notification shall not be construed to create a definition

under Federal law of what constitutes child abuse and such notification shall not be construed to require prosecution for any illegal

action; and

‘‘(II) the development of a safe plan of care for the infant under

which consideration may be given to providing the mother with

health services (including mental health services), social services,

parenting services, and substance abuse prevention and treatment

counseling and to providing the infant with referral to the statewide early intervention program funded under part C of the Individuals with Disabilities Education Act for an evaluation for the

need for services provided under part C of such Act;’’;

(C) by redesignating clauses (vi) through (xiv) (as redesignated) as

clauses (vii) through (xv), respectively;

(D) by inserting after clause (v) (as redesignated) the following:

‘‘(vi) provisions to require a State to disclose confidential information

to any Federal, State, or local government entity, or any agent of such

entity, that has a need for such information in order to carry out its

responsibilities under law to protect children from abuse and neglect;’’;

(E) in clause (vii)(II) (as redesignated), by striking ‘‘, having a need for

such information’’ and all that follows through ‘‘abuse and neglect’’ and inserting ‘‘as described in clause (vi)’’;

(F) in clause (xiii) (as redesignated), by striking ‘‘to be effective not later

than 2 years after the date of the enactment of this section’’;

(G) in clause (xiv) (as redesignated)—

(i) in the matter preceding subclause (I), by striking ‘‘to be effective

not later than 2 years after the date of the enactment of this section’’;

and

(ii) in subclause (IV), by striking ‘‘and’’ at the end;

(H) in clause (xv) (as redesignated), by striking ‘‘clause (xii)’’ each place

it appears and inserting ‘‘clause (xiv)’’; and

(I) by adding at the end the following:

‘‘(xvi) provisions and procedures to require that a representative of

the child protective services agency shall, at the initial time of contact

with the individual subject to a child abuse and neglect investigation,

advise the individual of the complaints or allegations made against the

individual, in a manner that is consistent with laws protecting the

rights of the informant;

‘‘(xvii) provisions addressing the training of representatives of the

child protective services system regarding their legal duties, which may

consist of procedures to inform such representatives of such duties, in

order to protect the legal rights of children and families from the initial

time of contact during the investigation through treatment;

‘‘(xviii) provisions and procedures for improving the training, retention, and supervision of caseworkers; and

‘‘(xix) provisions and procedures for referral of a child under the age

of 3 who is involved in a substantiated case of child abuse or neglect

to the statewide early intervention program funded under part C of the

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Individuals with Disabilities Education Act for an evaluation for the

need of services provided under part C of such Act.’’. (3) LIMITATION.—Section 106(b)(3) of such Act (42 U.S.C. 5106a(b)(3)) is

amended by striking ‘‘With regard to clauses (v) and (vi) of paragraph (2)(A)’’ and inserting ‘‘With regard to clauses (vi) and (vii) of paragraph (2)(A)’’. (c) CITIZEN REVIEW PANELS; REPORTS.—Section 106(c) of such Act (42 U.S.C.

5106a(c)) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking ‘‘policies and procedures’’ and inserting ‘‘policies, procedures, and practices’’; and

(B) by adding at the end the following:

‘‘(C) PUBLIC OUTREACH.—Each panel shall provide for public outreach and

comment in order to assess the impact of current procedures and practices

upon children and families in the community and in order to meet its obligations under subparagraph (A).’’; and

(2) in paragraph (6), by inserting ‘‘State and’’ before ‘‘public’’. (d) ANNUAL STATE DATA REPORTS.—Section 106(d) of such Act (42 U.S.C.

5106a(d)) is amended by adding at the end the following: ‘‘(13) The annual report containing the summary of the activities of the citizen

review panels of the State required by subsection (c)(6). ‘‘(14) The number of children under the care of the State child protection system transferred into the custody of the State juvenile justice system.’’.

SEC. 106. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.

Section 107(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C.

5106c(a)) is amended— (1) in paragraph (2), by striking ‘‘and’’ at the end;

(2) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’;

and

(3) by adding at the end the following:

‘‘(4) the handling of cases involving children with disabilities or serious

health-related problems who are victims of abuse or neglect.’’.

SEC. 107. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d)

is amended by adding at the end the following: ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary should

encourage all States and public and private agencies or organizations that receive

assistance under this title to ensure that children and families with limited English

proficiency who participate in programs under this title are provided materials and

services under such programs in an appropriate language other than English.’’.

SEC. 108. REPORTS.

Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f)

is amended by adding at the end the following:

‘‘(c) STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.—

‘‘(1) STUDY.—The Secretary shall conduct a study by random sample on the

effectiveness of the citizen review panels established under section 106(c).

‘‘(2) REPORT.—Not later than 3 years after the date of the enactment of Keeping Children and Families Safe Act of 2002, the Secretary shall submit to the

Committee on Education and the Workforce of the House of Representatives

and the Committee on Health, Education, Labor and Pensions of the Senate a

report that contains the results of the study conducted under paragraph (1).’’.

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUTHORIZATION.—Section 112(a)(1) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read as follows:

‘‘(1) GENERAL AUTHORIZATION.—There are authorized to be appropriated to

carry out this title $120,000,000 for fiscal year 2003 and such sums as may be

necessary for each of the fiscal years 2004 through 2007.’’.

(b) DEMONSTRATION PROJECTS.—Section 112(a)(2)(B) of such Act (42 U.S.C.

5106h(a)(2)(B)) is amended by striking ‘‘Secretary make’’ and inserting ‘‘Secretary

shall make’’.

CHAPTER 2—COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT

GRANTS

SEC. 111. PURPOSE AND AUTHORITY.

(a) PURPOSE.—Section 201(a)(1) of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5116(a)(1)) is amended—

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(1) by striking ‘‘prevention-focused,’’; and

(2) by inserting ‘‘for the prevention of child abuse and neglect’’ after ‘‘family

resource and support programs’’. (b) AUTHORITY.—Section 201(b) of such Act (42 U.S.C. 5116(b)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking ‘‘prevention-focused,’’; and

(ii) by striking ‘‘family resource and support programs’’ and inserting ‘‘family support programs for the prevention of child abuse and neglect’’;

(B) in subparagraph (F), by striking ‘‘and’’ at the end; and

(C) by striking subparagraph (G) and inserting the following:

‘‘(G) demonstrate a commitment to meaningful parent leadership, including among parents of children with disabilities, parents with disabilities,

racial and ethnic minorities, and members of other underrepresented or underserved groups; ‘‘(H) provide referrals to early health and developmental services; or

‘‘(I) are accessible, effective, culturally appropriate, developmentally appropriate, and built upon existing strengths;’’; and

(2) in paragraph (4)— (A) by inserting ‘‘through leveraging of funds’’ after ‘‘maximizing funding’’;

(B) by striking ‘‘prevention-focused,’’; and

(C) by striking ‘‘family resource and support program’’ and inserting ‘‘family support programs for the prevention of child abuse and neglect’’.

SEC. 112. ELIGIBILITY.

Section 202 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116a)

is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by striking ‘‘prevention-focused,’’;

(ii) by striking ‘‘family resource and support programs,’’ and inserting ‘‘family support programs for the prevention of’’; and

(iii) by striking ‘‘prevention activities’’; and

(B) in subparagraph (B), by inserting ‘‘that exists to strengthen and support families for purposes of preventing child abuse and neglect and’’ after ‘‘written authority of the State)’’;

(2) in paragraph (2)(A)— (A) by striking ‘‘family resource and support programs’’ and inserting ‘‘family support programs for the prevention of child abuse and neglect’’;

and

(B) by adding at the end before the semicolon the following: ‘‘and parents

with disabilities’’; and

(3) in paragraph (3)— (A) by striking ‘‘prevention-focused,’’ each place it appears;

(B) by striking ‘‘family resource and support programs’’ each place it appears and inserting ‘‘family support programs for the prevention of child

abuse and neglect’’;

(C) in subparagraph (C), by striking ‘‘and technical assistance,’’ and inserting ‘‘, technical assistance, and evaluation assistance’’; and

(D) in subparagraph (D), by inserting ‘‘, parents with disabilities,’’ after ‘‘children with disabilities’’.

SEC. 113. AMOUNT OF GRANT.

Section 203(b)(1)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C.

5116b(b)(1)(B)) is amended— (1) by striking ‘‘as the amount leveraged by the State from private, State, or

other non-Federal sources and directed through the’’ and inserting ‘‘as the

amount of private, State or other non-Federal funds leveraged and directed

through the currently designated’’; and

(2) by striking ‘‘the lead agency’’ and inserting ‘‘the current lead agency’’.

SEC. 114. EXISTING GRANTS.

Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5115c)

is repealed.

SEC. 115. APPLICATION.

Section 205 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d)

is amended—

(1) in paragraphs (1), (2), (4), (8), and (9)—

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(A) by striking ‘‘prevention-focused,’’ each place it appears; and

(B) by striking ‘‘family resource and support programs’’ each place it appears and inserting ‘‘family support programs for the prevention of child

abuse and neglect’’;

(2) in paragraph (2), by striking ‘‘family resource and support services’’ and

inserting ‘‘family support services’’;

(3) in paragraph (3)— (A) by striking ‘‘an assurance that an inventory of’’ and inserting ‘‘a description of the inventory of current unmet needs,’’;

(B) by striking ‘‘family resource programs’’ and inserting ‘‘family support

programs’’;

(C) by striking ‘‘, respite care, child abuse and neglect prevention activities,’’ and inserting ‘‘for the prevention of child abuse and neglect, including

respite care’’; and

(D) by striking ‘‘, will be provided’’;

(4) in paragraph (5)— (A) by inserting ‘‘start-up, maintenance, expansion, and redesigning’’ after ‘‘other State and local public funds designated for’’;

(B) by striking ‘‘prevention-focused,’’; and

(C) by striking ‘‘family resource and support programs’’ and inserting ‘‘family support programs for the prevention of child abuse and neglect’’;

(5) in paragraph (7), by striking ‘‘individual community-based, prevention-focused, family resource and support programs’’ and inserting ‘‘child abuse and

neglect prevention programs that are community-based, including family support programs’’; and

(6) in paragraph (11)— (A) by striking ‘‘prevention-focused,’’; and

(B) by striking ‘‘family resource and support program services’’ and inserting ‘‘family support program services for the prevention of child abuse

and neglect’’.

SEC. 116. LOCAL PROGRAM REQUIREMENTS.

Section 206(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C.

5116e(a)) is amended— (1) in the matter preceding paragraph (1)— (A) by inserting ‘‘, network,’’ after ‘‘expand’’;

(B) by striking ‘‘prevention-focused,’’; and

(C) by striking ‘‘family resource and support programs’’ and inserting ‘‘family support programs for the prevention of child abuse and neglect’’;

(2) in paragraph (3)(A)— (A) in the matter preceding clause (i), by striking ‘‘family resource and

support services’’ and inserting ‘‘family support services for the prevention

of child abuse and neglect’’;

(B) in clause (iii), by striking ‘‘and’’ at the end; and

(C) by adding at the end the following:

‘‘(v) respite care;

‘‘(vi) home visiting; and

‘‘(vii) family support services;’’; and

(3) in paragraph (6)—

(A) by striking ‘‘prevention-focused,’’; and

(B) by striking ‘‘family resource and support program’’ and inserting

‘‘family support programs for the prevention of child abuse and neglect’’.

SEC. 117. PERFORMANCE MEASURES.

Section 207 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116f)

is amended—

(1) in paragraph (1)—

(A) by striking ‘‘prevention-focused,’’; and

(B) by striking ‘‘family resource and support programs’’ and inserting

‘‘family support programs for the prevention of child abuse and neglect’’;

(2) in paragraph (2), by striking ‘‘, including’’ and all that follows through

‘‘section 202’’ and inserting ‘‘, such as the services described in section

206(a)(3)(A)’’;

(3) in paragraph (3), by striking ‘‘of new respite care and other specific new

family resources services, and the expansion of existing services,’’ and inserting

‘‘and the maintenance, enhancement, or expansion of existing services such as

those described in section 206(a)(3)(A),’’; and

(4) in paragraph (4)—

(A) by inserting ‘‘and parents with disabilities,’’ after ‘‘children with disabilities,’’;

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(B) by striking ‘‘evaluation of’’ the first place it appears and all that follows through ‘‘under this title’’ and inserting ‘‘evaluation of communitybased child abuse and neglect prevention programs’’; and

(5) in paragraphs (5), (6), and (8)—

(A) by striking ‘‘prevention-focused,’’ each place it appears; and

(B) by striking ‘‘family resource and support programs’’ each place it appears and inserting ‘‘family support programs for the prevention of child

abuse and neglect’’.

SEC. 118. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.

Section 208(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C.

5116g(3)) is amended—

(1) by striking ‘‘prevention-focused,’’; and

(2) by striking ‘‘family resource and support programs’’ and inserting ‘‘family

support programs for the prevention of child abuse and neglect’’.

SEC. 119. DEFINITIONS.

(a) CHILDREN WITH DISABILITIES.—Section 209(1) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5116h(1)) is amended by striking ‘‘given such term

in section 602(a)(2)’’ and inserting ‘‘given the term ‘child with a disability’ in section

602(3)’’.

(b) FAMILY RESOURCE AND SUPPORT PROGRAM.—Section 209(3) of such Act (42

U.S.C. 5116h(3)) is amended—

(1) in the matter preceding subparagraph (A), by striking ‘‘, prevention-focused’’;

(2) in subparagraph (A)—

(A) in the matter preceding clause (i), by striking ‘‘core services’’ and inserting ‘‘core child abuse and neglect prevention services’’;

(B) in clause (i)—

(i) by striking ‘‘, together with services’’;

(ii) by striking ‘‘equality and respect, and’’ and inserting ‘‘equality

and respect that are’’; and

(iii) by inserting at the end before the semicolon the following: ‘‘in

order to prevent child abuse and neglect’’; and

(C) in clause (ii), by striking ‘‘to one another’’ and inserting ‘‘for support

of one another’’; and

(3) in subparagraph (C)(iii), by striking ‘‘scholastic’’ and inserting ‘‘academic’’.

SEC. 120. AUTHORIZATION OF APPROPRIATIONS.

Section 210 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116i)

is amended to read as follows:

‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this title $80,000,000 for

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

through 2007.’’.

CHAPTER 3—TECHNICAL AND CONFORMING AMENDMENTS;

REDESIGNATIONS

SEC. 121. TECHNICAL AND CONFORMING AMENDMENTS.

(a) FINDINGS.—Section 2(3)(D) of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5101 note) is amended by striking ‘‘ensures properly trained and support

staff with specialized knowledge,’’ and inserting ‘‘ensures staff have proper training

and specialized knowledge’’.

(b) TITLE I.—Title I of such Act (42 U.S.C. 5101 et seq.) is amended as follows:

(1) In section 104(d)(1), by striking ‘‘federal agencies’’ and inserting ‘‘Federal

agencies’’.

(2) In section 105(b), in the matter preceding paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (a)’’.

(3) In section 106(b)(2)—

(A) in subparagraph (A), by striking ‘‘Statewide program’’ and inserting

‘‘statewide program’’; and

(B) in subparagraph (B)(iii), by striking ‘‘life threatening’’ and inserting

‘‘life-threatening’’.

(4) In section 107(e)(1)(B), by striking ‘‘improve the rate’’ and all that follows

through ‘‘child sexual abuse cases’’ and inserting the following: ‘‘improve the

prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and

neglect cases, particularly child sexual abuse and exploitation cases, including

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the enhancement of performance of court-appointed attorneys and guardians ad

litem for children’’.

(5) By redesignating sections 103 through 113 as sections 102 through 112,

respectively.

(c) TITLE II.—Title II of such Act (42 U.S.C. 5116 et seq.) is amended as follows:

(1) In paragraphs (1) and (4) of section 201(b), paragraphs (1)(A), (3)(A),

(3)(B), and (3)(C) of section 202, paragraphs (1) and (5) of section 205, section

206(a)(6), paragraphs (1) and (6) of section 207, and section 208(3), by striking

‘‘Statewide’’ each place it appears and inserting ‘‘statewide’’.

(2) In section 205, by redesignating paragraph (13) as paragraph (12).

(3) In section 207(8), by striking ‘‘community based’’ and inserting ‘‘community-based’’.

(4) By redesignating sections 205 through 210 as sections 204 through 209,

respectively.

SEC. 122. REDESIGNATIONS.

(a) REDESIGNATIONS.—

(1) TITLE I.—(A) Title I of the Child Abuse Prevention and Treatment Act (42

U.S.C. 5101 et seq.) is amended by striking the heading for such title and inserting the following:

‘‘Subtitle A—General Program’’.

(B) Sections 101 through 112 of such Act (as redesignated) are further redesignated as sections 111 through 122, respectively.

(2) TITLE II.—(A) Title II of such Act is amended by striking the heading for

such title and inserting the following:

‘‘Subtitle B—Community–Based Family Support

Grants for the Prevention of Child Abuse and

Neglect’’.

(B) Sections 201 through 209 of such Act (as redesignated) are further redesignated as sections 131 through 139, respectively.

(b) CONFORMING AMENDMENTS.—

(1) TITLE HEADING.—The Child Abuse Prevention and Treatment Act (42

U.S.C. 5101 et seq.) is amended by inserting before section 1 the following:

‘‘TITLE I—CHILD ABUSE PREVENTION AND

TREATMENT ACT’’.

(2) SHORT TITLE; TABLE OF CONTENTS; FINDINGS.—(A) Section 1 of such Act (42

U.S.C. 5101 note) is amended to read as follows:

‘‘SEC. 101. SHORT TITLE.

‘‘This title may be cited as the ‘Child Abuse Prevention and Treatment Act’.’’.

(B) Section 2 of such Act (42 U.S.C. 5101 note) is redesignated as section 102.

(3) SUBTITLE A.—Subtitle A of title I of such Act (as redesignated by subsection (a)(1)) is amended as follows:

(A) In section 111(b) (as redesignated), by striking ‘‘this Act’’ and inserting ‘‘this title’’ in the first sentence.

(B) In section 112(c)(1)(E) (as redesignated), by striking ‘‘section 105(a)’’

and inserting ‘‘section 113(a)’’.

(C) In section 113(b)(2)(C) (as redesignated), by striking ‘‘titles I and II’’

and inserting ‘‘this subtitle and subtitle B’’.

(D) In section 115(b)(2)(A)(vii) (as redesignated), by striking ‘‘Act’’ and inserting ‘‘title’’.

(E) In section 116(b)(1) (as redesignated), by striking ‘‘section 107(b)’’ and

inserting ‘‘section 115(b)’’.

(F) In section 117 (as redesignated), by striking ‘‘this Act’’ each place it

appears and inserting ‘‘this title’’.

(G) In section 118 (as redesignated), by striking ‘‘this Act’’ and inserting

‘‘this title’’.

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(H) In section 119(b) (as redesignated), by striking ‘‘section 107’’ and inserting ‘‘section 116’’.

(I) In section 120 (as redesignated), by striking ‘‘this title’’ and inserting

‘‘this subtitle’’.

(J) In section 121 (as redesignated)—

(i) by striking ‘‘this title’’ each place it appears and inserting ‘‘this

subtitle’’; and

(ii) in subsection (a)(2)(B), by striking ‘‘section 106’’ and inserting

‘‘section 115’’.

(K) In section 122(a) (as redesignated), by striking ‘‘this Act’’ and inserting ‘‘this title’’.

(4) SUBTITLE B.—Subtitle B of title I of such Act (as redesignated by subsection (a)(2)) is amended as follows:

(A) In section 131 (as redesignated)—

(i) by striking ‘‘this title’’ each place it appears and inserting ‘‘this

subtitle’’; and

(ii) in subsection (b)—

(I) in the matter preceding paragraph (1), by striking ‘‘section

202(1)’’ and inserting ‘‘section 132(1)’’; and

(II) in paragraph (3), by striking ‘‘section 205(a)(3)’’ and inserting

‘‘section 134(a)(3)’’.

(B) In section 132 (as redesignated)—

(i) by striking ‘‘this title’’ each place it appears and inserting ‘‘this

subtitle’’; and

(ii) in paragraph (1)(D) by striking ‘‘such title’’ and inserting ‘‘such

subtitle’’.

(C) In section 133 (as redesignated), by striking ‘‘section 210’’ each place

it appears and inserting ‘‘section 139’’.

(D) In section 134 (as redesignated)—

(i) by striking ‘‘this title’’ each place it appears and inserting ‘‘this

subtitle’’;

(ii) by striking ‘‘section 202’’ each place it appears and inserting ‘‘section 132’’; and

(iii) in paragraph (2), by striking ‘‘this Act’’ and inserting ‘‘this title’’.

(E) In section 135 (as redesignated), by striking ‘‘this title’’ each place it

appears and inserting ‘‘this subtitle’’.

(F) In section 136 (as redesignated)—

(i) by striking ‘‘this title’’ each place it appears and inserting ‘‘this

subtitle’’;

(ii) in paragraph (2), by striking ‘‘section 206(a)(3)(A)’’ and inserting

‘‘section 135(a)(3)(A)’’; and

(iii) in paragraph (3)—

(I) by striking ‘‘section 206(a)(3)(A)’’ and inserting ‘‘section

135(a)(3)(A)’’; and

(II) by striking ‘‘section 205(3)’’ and inserting ‘‘section 134(3)’’.

(G) In section 139 (as redesignated), by striking ‘‘this title’’ and inserting

‘‘this subtitle’’.

Subtitle B—Amendments to Other Child Abuse

Prevention and Related Programs

CHAPTER 1—CHILD ABUSE PREVENTION AND TREATMENT AND

ADOPTION REFORM ACT OF 1978

SEC. 131. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

Section 201(a) of the Child Abuse Prevention and Treatment and Adoption Reform

Act of 1978 (42 U.S.C. 5111(a)) is amended—

(1) by striking paragraph (1);

(2) in paragraph (2)—

(A) by striking ‘‘increasingly’’; and

(B) by striking ‘‘which’’ and inserting ‘‘that’’;

(3) by amending paragraph (3) to read as follows:

‘‘(3) many such children have special needs because they are born to mothers

who did not receive prenatal care, are born with life-threatening conditions or

disabilities, are born addicted to alcohol and other drugs, or have been exposed

to infection with the etiologic agent for the human immunodeficiency virus;’’;

(4) in paragraph (4)—

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(A) by striking ‘‘the welfare of’’ and inserting ‘‘each year,’’; and

(B) by striking ‘‘in institutions and foster homes and disabled infants

with life-threatening conditions may be in serious jeopardy and some such

children’’;

(5) in paragraph (5), by striking ‘‘thousands of’’;

(6) by striking paragraph (6);

(7) in paragraph (7)—

(A) in subparagraph (A)—

(i) by striking ‘‘40,000’’;

(ii) by inserting ‘‘of all races and ages’’ after ‘‘children’’; and

(iii) by adding ‘‘and’’ at the end;

(B) in subparagraph (B), by striking ‘‘and’’ at the end; and

(C) by striking subparagraph (C); and

(8) by redesignating paragraphs (2), (3), (4), (5), (7), (8), (9), and (10) as paragraphs (1) through (8), respectively.

SEC. 132. INFORMATION AND SERVICES.

Section 203 of the Child Abuse Prevention and Treatment and Adoption Reform

Act of 1978 (42 U.S.C. 5113) is amended—

(1) by striking the section heading and inserting the following:

‘‘SEC. 203. INFORMATION AND SERVICES.’’;

(2) by striking ‘‘SEC. 203. (a) The Secretary’’ and inserting the following:

‘‘(a) IN GENERAL.—The Secretary’’;

(3) in subsection (b), by inserting ‘‘REQUIRED ACTIVITIES.—’’ after ‘‘(b)’’;

(4) in subsection (c)—

(A) by striking ‘‘(c)(1) The Secretary’’ and inserting the following:

‘‘(c) SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN.—

‘‘(1) IN GENERAL.—The Secretary’’;

(B) by striking ‘‘(2) Services’’ and inserting the following:

‘‘(2) SERVICES.—Services’’; and

(C) in paragraph (2)—

(i) by moving subparagraphs (A) through (G) 2 ems to the right;

(ii) in subparagraph (F), by striking ‘‘and’’ at the end;

(iii) in subparagraph (G), by striking the period at the end and inserting a semicolon; and

(iv) by adding at the end the following:

‘‘(H) day treatment; and

‘‘(I) respite care.’’; and

(5) in subsection (d)—

(A) in paragraph (1), by striking ‘‘component which’’ and inserting ‘‘component that’’;

(B) by striking ‘‘(d)(1) The Secretary’’ and inserting the following:

‘‘(d) IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER CARE.—

‘‘(1) IN GENERAL.—The Secretary’’;

(C) by striking ‘‘(2)(A) Each State’’ and inserting the following:

‘‘(2) APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE.—

‘‘(A) APPLICATIONS.—Each State’’;

(D) by striking ‘‘(B) The Secretary’’ and inserting the following:

‘‘(B) TECHNICAL AND OTHER ASSISTANCE.—The Secretary’’;

(E) in paragraph (2)(B), by moving clauses (i) and (ii) 4 ems to the right;

(F) by striking ‘‘(3)(A) Payments’’ and inserting the following:

‘‘(3) PAYMENTS.—

‘‘(A) IN GENERAL.—Payments’’; and

(G) by striking ‘‘(B) Any payment’’ and inserting the following:

‘‘(B) REVERSION OF UNUSED FUNDS.—Any payment’’.

SEC. 133. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.

Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform

Act of 1978 (42 U.S.C. 5114) is amended to read as follows:

‘‘SEC. 204. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.

‘‘The Secretary shall conduct research (directly or by grant to, or contract with,

public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report

containing the results of such research to the appropriate committees of the Congress not later than the date that is 36 months after the date of the enactment of

the Keeping Children and Families Safe Act of 2002.’’.

13

SEC. 134. AUTHORIZATION OF APPROPRIATIONS.

Section 205 of the Child Abuse Prevention and Treatment and Adoption Reform

Act of 1978 (42 U.S.C. 5115) is amended—

(1) by striking the section heading and inserting the following:

‘‘SEC. 205. AUTHORIZATION OF APPROPRIATIONS.’’;

(2) by striking ‘‘SEC. 205.’’;

(3) by amending subsection (a) to read as follows:

‘‘(a) IN GENERAL.—There are authorized to be appropriated $40,000,000 for fiscal

year 2003 and such sums as may be necessary for fiscal years 2004 through 2007

to carry out programs and activities authorized under this subtitle.’’; and

(4) in subsection (b), by inserting ‘‘AVAILABILITY.—’’ after ‘‘(b)’’.

SEC. 135. TRANSFER AND REDESIGNATIONS; CONFORMING AMENDMENTS.

(a) IN GENERAL.—Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.)—

(1) is amended by striking the title heading;

(2) is transferred to the Child Abuse Prevention and Treatment Act (42 U.S.C.

5101 et seq.), as amended by subtitle A of this title; and

(3) is redesignated as subtitle A of title II of such Act.

(b) CONFORMING AMENDMENTS.—

(1) TITLE AND SUBTITLE HEADINGS; SHORT TITLE.—The Child Abuse Prevention

and Treatment Act (42 U.S.C. 5101 et seq.), as amended, is further amended—

(A) by redesignating section 201 as section 202; and

(B) by inserting after title I of such Act the following:

‘‘TITLE II—OTHER CHILD ABUSE PREVENTION

AND RELATED PROGRAMS

‘‘Subtitle A—Adoption Opportunities

‘‘SEC. 201. SHORT TITLE.

‘‘This subtitle may be cited as the ‘Adoption Opportunities Act of 2002’.’’.

(2) TITLE REFERENCES.—Subtitle A of title II of such Act is amended by striking ‘‘this title’’ each place such term appears and inserting ‘‘this subtitle’’.

CHAPTER 2—ABANDONED INFANTS ASSISTANCE ACT OF 1988

SEC. 141. FINDINGS.

Section 2 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)

is amended—

(1) by striking paragraph (1);

(2) in paragraph (2)—

(A) by inserting ‘‘studies indicate that a number of factors contribute to’’

before ‘‘the inability of’’;

(B) by inserting ‘‘some’’ after ‘‘inability of’’;

(C) by striking ‘‘who abuse drugs’’; and

(D) by striking ‘‘care for such infants’’ and inserting ‘‘care for their infants’’;

(3) by amending paragraph (5) to read as follows:

‘‘(5) appropriate training is needed for personnel working with infants and

young children with life-threatening conditions and other special needs, including those who are infected with the human immunodeficiency virus (commonly

known as ‘HIV’), those who have acquired immune deficiency syndrome (commonly know as ‘AIDS’), and those who have been exposed to dangerous drugs;’’;

(4) by striking paragraphs (6) and (7);

(5) in paragraph (8), by inserting ‘‘by parents abusing drugs,’’ after ‘‘deficiency

syndrome,’’;

(6) in paragraph (9), by striking ‘‘comprehensive services’’ and all that follows

through the semicolon at the end and inserting ‘‘comprehensive support services

for such infants and young children and their families and services to prevent

the abandonment of such infants and young children, including foster care services, case management services, family support services, respite and crisis intervention services, counseling services, and group residential home services; and’’;

(7) by striking paragraph (10);

(8) by amending paragraph (11) to read as follows:

14

‘‘(11) Private, Federal, State, and local resources should be coordinated to establish and maintain such services and to ensure the optimal use of all such

resources.’’; and

(9) by redesignating paragraphs (2), (3), (4), (5), (8), (9), and (11) as paragraphs (1) through (7), respectively.

SEC. 142. ESTABLISHMENT OF LOCAL PROGRAMS.

Section 101 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)

is amended— (1) by striking the section heading and inserting the following:

‘‘SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.’’; and

(2) by amending subsection (b) to read as follows: ‘‘(b) PRIORITY IN PROVISION OF SERVICES.—The Secretary may not make a grant

under subsection (a) unless the applicant for the grant agrees to give priority to

abandoned infants and young children who— ‘‘(1) are infected with, or have been perinatally exposed to, the human immunodeficiency virus, or have a life-threatening illness or other special medical

need; or ‘‘(2) have been perinatally exposed to a dangerous drug.’’.

SEC. 143. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

Section 102 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)

is amended to read as follows:

‘‘SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

‘‘(a) EVALUATIONS OF LOCAL PROGRAMS.—The Secretary shall, directly or through

contracts with public and nonprofit private entities, provide for evaluations of

projects carried out under section 101 and for the dissemination of information developed as a result of such projects. ‘‘(b) STUDY AND REPORT ON NUMBER OF ABANDONED INFANTS AND YOUNG CHIL- DREN.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a study for the purpose of

determining— ‘‘(A) an estimate of the annual number of infants and young children relinquished, abandoned, or found dead in the United States and the number

of such infants and young children who are infants and young children described in section 223(b);

‘‘(B) an estimate of the annual number of infants and young children who

are victims of homicide;

‘‘(C) characteristics and demographics of parents who have abandoned an

infant within 1 year of the infant’s birth; and

‘‘(D) an estimate of the annual costs incurred by the Federal Government

and by State and local governments in providing housing and care for abandoned infants and young children.

‘‘(2) DEADLINE.—Not later than 36 months after the date of the enactment of

the Keeping Children and Families Safe Act of 2002, the Secretary shall complete the study required under paragraph (1) and submit to the Congress a report describing the findings made as a result of the study.

‘‘(c) EVALUATION.—The Secretary shall evaluate and report on effective methods

of intervening before the abandonment of an infant or young child so as to prevent

such abandonments, and effective methods for responding to the needs of abandoned

infants and young children.’’.

SEC. 144. AUTHORIZATION OF APPROPRIATIONS.

Section 104 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note)

is amended—

(1) by amending subsection (a) to read as follows:

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORIZATION.—For the purpose of carrying out this subtitle, there are

authorized to be appropriated $45,000,000 for fiscal year 2003 and such sums

as may be necessary for fiscal years 2004 through 2007.

‘‘(2) LIMITATION.—Not more than 5 percent of the amounts appropriate under

paragraph (1) for any fiscal year may be obligated for carrying out section

224(a).’’;

(2) by striking subsection (b);

(3) in subsection (c)—

(A) in paragraph (1)—

(i) by inserting ‘‘AUTHORIZATION.—’’ after ‘‘(1)’’; and

(ii) by striking ‘‘this title’’ and inserting ‘‘this subtitle’’; and

(B) in paragraph (2)—

15

(i) by inserting ‘‘LIMITATION.—’’ after ‘‘(2)’’; and

(ii) by striking ‘‘fiscal year 1991.’’ and inserting ‘‘fiscal year 2002.’’;

and

(4) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

SEC. 145. OTHER TECHNICAL AND CONFORMING AMENDMENTS; TRANSFER AND REDESIGNATIONS.

(a) TECHNICAL AMENDMENTS.—

(1) STRIKING TITLES; CONSOLIDATING DEFINITIONS.—The Abandoned Infants

Assistance Act of 1988 (42 U.S.C. 670 note) is amended—

(A) by striking the title heading for title I;

(B) by striking titles II and III; and

(C) by amending section 103 to read as follows:

‘‘SEC. 103. DEFINITIONS.

‘‘For purposes of this subtitle:

‘‘(1) The terms ‘abandoned’ and ‘abandonment’, with respect to infants and

young children, mean that the infants and young children are medically cleared

for discharge from acute-care hospital settings, but remain hospitalized because

of a lack of appropriate out-of-hospital placement alternatives.

‘‘(2) The term ‘acquired immune deficiency syndrome’ includes infection with

the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic agent, and any condition arising from such

etiologic agent.

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

section 102 of the Controlled Substances Act.

‘‘(4) The term ‘natural family’ shall be broadly interpreted to include natural

parents, grandparents, family members, guardians, children residing in the

household, and individuals residing in the household on a continuing basis who

are in a care-giving situation with respect to infants and young children covered

under this subtitle.

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

(2) ESTABLISHMENT OF LOCAL PROGRAMS.—Section 101(d) of the Abandoned

Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended—

(A) in paragraph (1)—

(i) by striking ‘‘(1) The Secretary’’ and inserting ‘‘(1) IN GENERAL.—

The Secretary’’; and

(ii) in subparagraph (D), by striking ‘‘during the majority of the 180-

day period preceding the date of the enactment of this Act,’’ and inserting ‘‘during the majority of the 180-day period preceding the date of the

enactment of the Keeping Children and Families Safe Act of 2002,’’;

and

(B) in paragraph (2), by striking ‘‘(2) Subject’’ and inserting ‘‘(2) DURATION OF GRANTS.—Subject’’.

(b) TRANSFER AND REDESIGNATIONS.—

(1) IN GENERAL.—The Abandoned Infants Assistance Act of 1988 (42 U.S.C.

670 note)—

(A) is amended by striking section 1;

(B) is transferred to the Child Abuse Prevention and Treatment Act (42

U.S.C. 5101 et seq.), as amended; and

(C) is redesignated as subtitle B of title II of such Act.

(2) CONFORMING AMENDMENTS.—

(A) SUBTITLE HEADING; SHORT TITLE.—Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended by inserting

after subtitle A of such title the following:

‘‘Subtitle B—Abandoned Infants Assistance

‘‘SEC. 221. SHORT TITLE.

‘‘This subtitle may be cited as the ‘Abandoned Infants Assistance Act of 2002’.’’.

(B) REDESIGNATIONS.—Subtitle B of title II of such Act is amended by redesignating sections 2, 101, 102, 103, and 104 as sections 222 through 226,

respectively.

(C) DOMESTIC VOLUNTEER SERVICE.—Section 421(7) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5061(7)) is amended by striking ‘‘section 103 of the Abandoned Infants Assistance Act of 1988 (Public Law 100–

16

505; 42 U.S.C. 670 note);’’ and inserting ‘‘section 225(1) of the Abandoned

Infants Assistance Act of 2002;’’.

Subtitle C—Technical and Conforming

Amendments

SEC. 151. SHORT TITLE; TABLE OF CONTENTS.

The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.), as

amended by subtitles A and B, is further amended by inserting before title I the

following:

‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Keeping Children and Families

Safe Act’.

‘‘(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: ‘‘Sec. 1. Short title; table of contents.

‘‘TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT

‘‘Sec. 101. Short title.

‘‘Sec. 102. Findings.

‘‘Subtitle A—General Program

‘‘Sec. 111. Office on Child Abuse and Neglect.

‘‘Sec. 112. National clearinghouse for information relating to child abuse.

‘‘Sec. 113. Research and assistance activities.

‘‘Sec. 114. Grants to public agencies and nonprofit private organizations for demonstration programs and

projects.

‘‘Sec. 115. Grants to States for child abuse and neglect prevention and treatment programs.

‘‘Sec. 116. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect

cases.

‘‘Sec. 117. Miscellaneous requirements relating to assistance.

‘‘Sec. 118. Coordination of child abuse and neglect programs.

‘‘Sec. 119. Reports.

‘‘Sec. 120. Definitions.

‘‘Sec. 121. Authorization of appropriations.

‘‘Sec. 122. Rule of construction.

‘‘Subtitle B—Community-Based Family Support Grants for the Prevention of Child Abuse and Neglect

‘‘Sec. 131. Purpose and authority.

‘‘Sec. 132. Eligibility.

‘‘Sec. 133. Amount of grant.

‘‘Sec. 134. Application.

‘‘Sec. 135. Local program requirements.

‘‘Sec. 136. Performance measures.

‘‘Sec. 137. National network for community-based family resource programs.

‘‘Sec. 138. Definitions.

‘‘Sec. 139. Authorization of appropriations.

‘‘TITLE II—OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS

‘‘Subtitle A—Adoption Opportunities

‘‘Sec. 201. Short title.

‘‘Sec. 202. Congressional findings and declaration of purpose.

‘‘Sec. 203. Information and services.

‘‘Sec. 204. Study and report on dynamics of successful adoption.

‘‘Sec. 205. Authorization of appropriations.

‘‘Subtitle B—Abandoned Infants Assistance

‘‘Sec. 221. Short title.

‘‘Sec. 222. Findings.

‘‘Sec. 223. Establishment of local programs.

‘‘Sec. 224. Evaluations, study, and reports by secretary.

‘‘Sec. 225. Definitions.

‘‘Sec. 226. Authorization of appropriations.’’.

TITLE II—AMENDMENTS TO FAMILY VIOLENCE

PREVENTION AND SERVICES ACT

SEC. 201. STATE DEMONSTRATION GRANTS AUTHORIZED.

(a) STATE ADMINISTRATIVE COSTS.—Section 303(a)(2)(B)(i) of the Family Violence

Prevention and Services Act (42 U.S.C. 10402(a)(2)(B)(i)) is amended by striking ‘‘5

percent’’ and inserting ‘‘2 percent’’.

(b) INDIAN TRIBES AND RELATED ORGANIZATIONS.—Section 303(b)(1) of such Act

(42 U.S.C. 10402(b)(1)) is amended by adding at the end the following: ‘‘Not more

than 2 percent of amounts made available for a fiscal year to make grants under

17

the preceding sentence may be used for administrative costs with respect to such

grants.’’.

SEC. 202. EVALUATION.

Section 306 of the Family Violence Prevention and Services Act (42 U.S.C. 10405)

is amended in the first sentence by striking ‘‘Not later than two years after the date

on which funds are obligated under section 303(a) for the first time after the date

of the enactment of this title, and every two years thereafter,’’ and inserting ‘‘Every

two years’’.

SEC. 203. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

Section 308 of the Family Violence Prevention and Services Act (42 U.S.C. 10407)

is amended by striking subsection (g).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUTHORIZATION.—Section 310(a) of the Family Violence Prevention

and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this title

$175,000,000 for each of the fiscal years 2003 through 2007.’’.

(b) GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.—Section 311(g) of such

Act (42 U.S.C. 10410(g)) is amended to read as follows:

‘‘(g) FUNDING.—Of the amount appropriated pursuant to the authorization of appropriations under section 310(a) for a fiscal year, not less than 10 percent of such

amount shall be made available to award grants under this section.’’.

SEC. 205. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

Section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410)

is amended by striking subsection (h).

SEC. 206. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

(a) DURATION.—Section 316(b) of the Family Violence Prevention and Services Act

(42 U.S.C. 10416(b)) is amended—

(1) by striking ‘‘A grant’’ and inserting the following:

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a grant’’; and

(2) by adding at the end the following:

‘‘(2) EXTENSION.—The Secretary may extend the duration of a grant under

this section beyond the period described in paragraph (1) if, prior to such

extension—

‘‘(A) the entity prepares and submits to the Secretary a report that evaluates the effectiveness of the use of amounts received under the grant for

the period described in paragraph (1) and contains any other information

as the Secretary may prescribe; and

‘‘(B) the report and other appropriate criteria indicate that the entity is

successfully operating the hotline in accordance with subsection (a).’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 316(f) of such Act (42 U.S.C.

10416(f)) is amended in paragraph (1) by striking ‘‘fiscal years 2001 through 2005’’

and inserting ‘‘fiscal years 2003 through 2007’’.

SEC. 207. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

(a) IN GENERAL.—Section 318(h) of the Family Violence Prevention and Services

Act (42 U.S.C. 10418(h)) is amended to read as follows:

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $6,000,000 for each of the fiscal years 2003 through

2007.’’.

(b) REGULATIONS.—Section 318 of such Act (42 U.S.C. 10418) is amended by striking subsection (i).

SEC. 208. TRANSITIONAL HOUSING ASSISTANCE.

Section 319(f) of the Family Violence Prevention and Services Act (42 U.S.C.

10419(f)) is amended by striking ‘‘fiscal year 2001’’ and inserting ‘‘each of the fiscal

years 2003 through 2007’’.

SEC. 209. TECHNICAL AND CONFORMING AMENDMENTS.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is

amended as follows:

(1) In section 302(1) by striking ‘‘demonstrate the effectiveness of assisting’’

and inserting ‘‘assist’’.

(2) In section 303(a) is amended—

(A) in paragraph (2)—

(i) in subparagraph (C), by striking ‘‘State domestic violence coalitions knowledgeable individuals and interested organizations’’ and inVerDate 11-MAY-2000 15:19 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6621 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
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serting ‘‘State domestic violence coalitions, knowledgeable individuals,

and interested organizations’’; and

(ii) in subparagraph (F), by adding ‘‘and’’ at the end; and

(B) by moving the margin of paragraph (4) two ems to the left.

(3) In section 305(b)(2)(A) by striking ‘‘provide for research, and into’’ and inserting ‘‘provide for research into’’. (4) In section 311(a)— (A) in paragraph (2)(K), by striking ‘‘other criminal justice professionals,;’’ and inserting ‘‘other criminal justice professionals;’’ and

(B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking ‘‘family law

judges,,’’ and inserting ‘‘family law judges,’’;

(ii) in subparagraph (D), by inserting ‘‘, criminal court judges,’’ after ‘‘family law judges’’; and

(iii) in subparagraph (H), by striking ‘‘supervised visitations that do

not endanger victims and their children’’ and inserting ‘‘supervised visitations or denial of visitation to protect against danger to victims or

their children’’. (5) In section 313(1) by striking ‘‘on the individual develop data’’. (6) In section 315(b)(3)(A) by striking ‘‘and’’ at the end.

TITLE III—EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

This Act, and the amendments made by this Act, take effect on October 1, 2002,

or the date of the enactment of this Act, whichever occurs later.

PURPOSE

The purpose of H.R. 3839, the Keeping Children and Families

Safe Act of 2002, is to reauthorize and make amendments to the

Child Abuse Prevention and Treatment Act (CAPTA), the Adoption

Opportunities program, the Abandoned Infants Assistance Act, and

the Family Violence Prevention and Services Act (FVPSA). The bill

is aimed at preventing child abuse and family violence and protecting and treating abused and neglected children and victims of

family violence. The bill also focuses on maintaining local projects

with demonstrated value in eliminating barriers to permanent

adoption and addressing the circumstances that often lead to child

abandonment.

COMMITTEE ACTION

HEARINGS

The Subcommittee on Select Education held two hearings in

Washington, D.C., during the first session of the 107th Congress to

review and hear comments on the reauthorization of the Child

Abuse Prevention and Treatment Act (CAPTA), the Adoption Opportunities program, the Abandoned Infants Assistance Act, and

the Family Violence Prevention and Services Act (FVPSA).

The first hearing was held on August 2, 2001, ‘‘CAPTA: Successes and Failures at Preventing Child Abuse and Neglect.’’ The

purpose of the hearing was to review how CAPTA had been implemented and administered since the 1996 reauthorization, and to

examine what had or had not worked in the prevention of child

abuse and neglect.

The second hearing was held on October 17, 2001, ‘‘Prevention

and Treatment of Child Abuse and Neglect: Policy Directions for

the Future.’’ The purpose of the hearing was to more closely examine the issues and topics that arose during the first hearing in

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order to help the Subcommittee learn more about such issues as it

began the reauthorization process.

LEGISLATIVE ACTION

On March 5, 2002, Representative Pete Hoekstra (R–MI) introduced H.R. 3839, the Keeping Children and Families Safe Act of

2002. H.R. 3839 reauthorizes and makes amendments to CAPTA,

the Adoption Opportunities program, the Abandoned Infants Assistance Act, and FVPSA. H.R. 3839 was drafted on the basis of

hearings, the recommendations of the Administration, the recommendations of the child abuse and family violence coalitions and

community, and the recommendations of groups representing the

interests of families.

The Subcommittee on Select Education considered H.R. 3839 in

legislative session on March 6, 2002 during which three amendments were considered and adopted by voice vote. The Subcommittee on Select Education, with the majority of the Subcommittee present, favorably reported H.R. 3839, as amended, to

the Full Committee by voice vote on March 6, 2002. The following

is a description of the amendments adopted to H.R. 3839 during

Subcommittee consideration:

• Mr. Hoekstra (R–MI) offered an amendment to improve upon

the language in the introduced bill to require states to have provisions and procedures in place to require child protective services

personnel to advise individuals subject to a child abuse and neglect

investigation of the allegations before them consistent with the law

protecting the rights of the informant.

• Ms. Davis (D–CA) offered an amendment to provide for a

Sense of Congress that entities receiving CAPTA funding should

ensure that limited English proficient children and families participating in CAPTA programs are provided materials and services

under such programs in an appropriate language other than

English.

• Mr. Greenwood (R–PA) offered an amendment to require states

to have policies and procedures in place to address the needs of infants born with fetal alcohol syndrome or neonatal abstinence syndrome. States must require health care providers involved in the

delivery of such infants to notify the child protective services system and develop a plan to address the needs of such infant and

mother.

The Committee on Education and the Workforce considered H.R.

3839 in legislative session on March 20, 2002, during which the

Committee considered and passed an amendment in the Nature of

a Substitute by voice vote. The Committee on Education and the

Workforce, with the majority of the Committee present, favorably

reported H.R. 3839, as amended, to the House of Representatives

by voice vote on March 20, 2002.

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SUMMARY

TITLE I—CHILD ABUSE PREVENTION AND RELATED PROGRAMS

Subtitle A—Amendments to the Child Abuse Prevention and Treatment Act

Chapter 1—General program

Chapter 1 of H.R. 3839 extends and modifies Title 1 of the Child

Abuse Prevention and Treatment Act (CAPTA). Title I authorizes:

grants to states to help states support their child protective services systems and requires states to submit certain data to the Department of Health and Human Services (HHS); funding for research and demonstration projects related to prevention of child

abuse and neglect; grants to states to improve investigation and

prosecution of child maltreatment; and authorizes HHS to operate

a national clearinghouse of information related to child abuse and

neglect. The bill makes clarifying and technical corrections; promotes partnerships between child protective services and private

and community-based organizations to provide child abuse and neglect prevention and treatment services; requires the Secretary of

HHS to conduct a study on the effectiveness of citizen review panels; requires states to provide for the development of a plan to address the needs of infants harmed by prenatal alcohol or drug exposure; instructs HHS to conduct the fourth National Incidence Study

(NIS–4); and promotes the protection of individual rights by improving the training, recruitment and retention of child protective

services personnel regarding their legal authority. It also requires

such personnel to inform individuals of the allegations or complaints made against them. The bill also improves public education

on the role of the child protection system and appropriate reporting

of suspected incidents of child abuse and neglect to reduce the

number of false or malicious allegations.

Title I is currently authorized at such sums. Title I State Grants

received $22 million for FY 2002 and Discretionary Grants received

$26 million for FY 2002. The bill authorizes Title I at $120 million

for FY 2003 and such sums for FY 2004 through 2007.

Chapter 2—Community-based family resource and support

grants

Chapter 2 of H.R. 3839 extends and modifies Title II of CAPTA.

Title II authorizes grants to help establish and operate statewide

networks of community-based, family support programs for the prevention of child abuse and neglect that coordinate a wide variety

of resources within each state. The bill makes clarifying and technical changes to emphasize the prevention of child abuse and neglect before it occurs; promotes parent leadership to ensure that

new parents receive appropriate parenting services, including parents of children with disabilities and parents with disabilities; and

includes respite care, home visit and family support services as

core family support programs for improving local programs in preventing child abuse and neglect.

Title II is currently authorized at such sums. Community-based

grants received $33 million for FY 2002. The bill authorizes $80

million for FY 2003 and such sums for FY 2004 through 2007.

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Subtitle B—Amendments to other child abuse prevention and related programs

Chapter 1—Child Abuse Prevention and Treatment and

Adoption Reform Act of 1978

Chapter 1 of Subtitle B of H.R. 3839 extends and modifies Title

II of the Child Abuse Prevention and Treatment and Reform Act

of 1978 that authorizes the Adoption Opportunities program. The

Adoption Opportunities program authorizes HHS to award funds to

states and local public and private nonprofit agencies to promote

quality standards for adoption services; pre-placement, post-placement, and post-legal adoption counseling, and standards to protect

children’s rights; maintain a national adoption information exchange system and conduct national recruitment efforts to reach

prospective adoptive parents; and to assist state efforts for increasing the placement of foster care children legally free for adoption.

The bill makes minor changes and requires the Secretary of HHS

to conduct a study on the dynamics on successful adoptions.

The Adoption Opportunities program is currently authorized at such sums. It received $27 million for FY 2002. The bill authorizes

$40 million for FY 2003 and such sums for FY 2004 through 2007.

Chapter 2—Abandoned Infants Assistance Act of 1988

Chapter 2 of Subtitle B of H.R. 3839 extends and modifies the

Abandoned Infants Assistance Act of 1988. The Abandoned Infants

Assistance Act authorizes local programs (formerly called demonstration grants) to public and private nonprofit agencies for such

activities as preventing the abandonment of infants; identifying

and addressing the needs of abandoned infants; recruiting and

training foster families for abandoned children; providing residential care for infants and young children who cannot live with their

families or be placed in foster care; providing respite care for families and foster families; and recruiting and training health and social services personnel to work with abandoned children. The bill

amends one of the priorities for provisions of services to local programs serving abandoned infants and young children who were

perinatally exposed to HIV or are HIV-infected, or have a lifethreatening illness or other special needs. The bill also requires the

Secretary to conduct a study on the annual number of infants and

young children who are victims of homicide; characteristics and demographics of parents who have abandoned an infant; and an estimate of the annual costs incurred by the federal government and

by state and local governments in providing for the care of abandoned infants.

The Abandoned Infants Assistance Act is currently authorized at

such sums. It received $12 million for FY 2002. The bill authorizes

$45 million for FY 2003 and such sums for FY 2004 through 2007.

TITLE II—AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND

SERVICES ACT

Title II of H.R. 3839 reauthorizes and amends the Family Violence Prevention and Services Act (FVPSA). FVPSA authorizes assistance to states, Tribes and Tribal organizations to assist in efforts to increase public awareness about family violence and provide immediate shelter and related assistance to victims of family

22

violence and their dependents. FVPSA was reauthorized with the

Violence Against Women Act during the 106th Congress, however

only a straight five year authorization was agreed to with no specific changes to the act. The bill makes minor and technical

changes to the act and extends the reauthorization to coordinate

with the reauthorization of CAPTA and its’ related programs and

act. The bill also extends the authorization for the transitional

housing assistance program that awards grants to entities to provide transitional housing or housing assistance to victims and their

dependents fleeing a domestic violence situation and for whom

emergency shelter services are unavailable or insufficient. Currently $175 million is authorized for state demonstration

grants, technical assistance centers and state domestic violence

coalitions through FY 2005. The national domestic hotline is authorized at $2 million through FY 2005, the community initiative

grants are authorized at $6 million through FY 2005, and the transitional housing assistance program is authorized at $25 million for

FY 2001.

FVPSA received $2 million for its Domestic Violence Hotline pro- gram and $125 million for state demonstration grants, technical assistance centers and state domestic violence coalitions (including

Battered Women’s Shelters) for FY 2002. The community initiative grants received $5.9 million for FY 2002. The transitional housing

assistance program did not receive funding.

COMMITTEE VIEWS

According to the most recent Child Maltreatment Report, each

year an estimated 3 million reports of possible child maltreatment

are made to child protective services. Approximately 60 percent of

these reports were investigated and 826,000 children were estimated to have been victims of child abuse or neglect in 1999. Of

these victims, 58 percent suffered neglect, 21 percent suffered

physical abuse and 11 percent were sexually abused.

While the overall number of confirmed cases represents a continuation of a downward trend since 1993, the long-term trend in

child abuse reporting has been one of substantial growth, with the

number of maltreatment reports more than quadrupling since

1976. However, it should be noted that increased reporting does not

necessarily mean an equivalent increase in actual cases of abuse

and neglect. The number of reported child abuse cases is likely

higher due to improved reporting mechanisms and greater awareness of the problem of child abuse and neglect. Despite progress

made in promoting child abuse awareness, and the endless efforts

made to prevent child abuse and neglect, much more work is needed to prevent and treat child abuse and neglect.

Family violence also continues to be the most common, yet least

reported, crime in our nation. Approximately, 95 percent of family

violence victims are women, and it is estimated that every 11 seconds a woman is battered in the United States. It is also estimated

that 70 percent of men who abuse their wives also abuse their children, and children from abusive homes are at greater risk of alcohol or drug abuse, juvenile delinquency, and depression and suicide.

In addition, caseworker training, supervision and case management continue to be important areas of improvement for child proVerDate 11-MAY-2000 15:19 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
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tective services systems. Research has shown that child abuse caseworkers lack adequate resources and are often in charge of more

cases than they can realistically handle. Caseworker skill, training,

and workload are critical components to delivery of appropriate investigations, prevention and intervention, treatment services, and

case management.

The Child Abuse Prevention and Treatment Act (CAPTA) was established in 1974 to create a focal point within the federal government to identify and address the issues of child abuse and neglect,

and to support effective methods of prevention and treatment.

CAPTA was last reauthorized in 1996 and expired at the end of fiscal year 2001.

The last reauthorization in 1996 made significant changes to

CAPTA to better target federal abuse and neglect prevention resources, enhance the ability of states to respond to actual cases of

abuse and neglect, and to consolidate and coordinate federal data

collection efforts in order to gain a better perspective on the trends

of child abuse and neglect and find effective methods of prevention

and treatment efforts. H.R. 3839 builds upon the reforms made

during the 1996 reauthorization to improve program implementation and make improvements to current law to ensure that states

have the necessary resources and flexibility to properly address

issues of child abuse and neglect and family violence. The changes

in H.R. 3839 also serve to assist states in improving their child

protective services systems and enhance the federal government’s

role in providing support for the child protective services system infrastructure to correct any imbalance in the federal government’s

response to child abuse and neglect.

Promoting improved services

One recurring theme the Subcommittee heard during the hearings on CAPTA was the need to expand upon current law activities

of the child protective services system and the need to ensure that

states have the necessary resources and data to address the issues

of child abuse and neglect. Currently, CAPTA requires the Department of Health and Human Services (HHS) to conduct an interdisciplinary research program to provide information that could improve child protection and the well being of children who have been

abused or neglected. HHS is also required to operate a national

clearinghouse for information on child abuse and neglect. Both of

these resources provide states with important data to assist them

in addressing the issues of child abuse and neglect.

In order to build upon existing data and focus research on more

current topics, the Committee made several modifications to current law. These changes promote the collection and dissemination

of information to help all states improve upon their current systems. H.R. 3839 requires the national clearinghouse to collect and

disseminate information that describes the best practices being

used throughout the nation for making appropriate referrals. The

bill also requires the Secretary to conduct research on a variety of

topics, including state child protective services systems improvement, effective approaches to interagency collaboration between the

child protective services system and the juvenile justice system,

and redundancies and gaps in services in the field of child abuse

24

and neglect prevention in order to make better use of limited federal resources.

CAPTA also currently permits the Secretary to conduct time-limited demonstration programs and projects for such matters as

training professional and paraprofessional staff, recruiting and

training of volunteers, and establishing resource centers for providing information and training related to child abuse and neglect.

H.R. 3839 expands these opportunities to include training to support the enhancement of linkages between child protective service

agencies and health care agencies to improve forensic diagnosis

and health evaluations; and to support innovative partnerships between child protective service agencies and health care agencies

that offer creative approaches to using existing federal, state, local,

and private funding to meet the health evaluation needs of children

who have been subjects of substantiated cases of child abuse and

neglect.

The Secretary may also grant awards to private nonprofit organizations to establish and maintain mutual support and self-help programs as a means of strengthening families in partnership with

their communities. Current law makes a specific reference to the

group Parents Anonymous as an example of the types of organizations that would benefit from such grants. Parents Anonymous is

a national self-help organization dedicated to community outreach

for the prevention of child abuse and neglect. While recognized as

a successful organization, the Committee believes that no single

group or organization should receive special recognition in federal

statute. As such, H.R. 3839 strikes this specific reference to Parents Anonymous in order to create a level playing field for other

similar programs and organizations that do not enjoy this special

recognition. However, striking the reference to Parents Anonymous

in no way implies that the Committee does not recognize and support the efforts and work of Parents Anonymous. The Committee

also wants to encourage the Secretary to continue to award grants

to organizations that operate programs that incorporate quality

standards and demonstrate effectiveness in their efforts in preventing child abuse and neglect.

H.R. 3839 further builds upon the theme of improving state child

protective services systems by allowing states to use their CAPTA

dollars to promote partnerships between public agencies and community-based organizations to provide child abuse and neglect prevention and treatment services, and by supporting and enhancing

interagency collaboration between child protective service systems

and the juvenile justice system for improved delivery of services

and treatment, including methods of continuity of treatment and

services as children transition between such systems.

The bill also improves the training of child protective services

personnel to ensure that they are knowledgeable in best practices

for promoting collaboration with families and that they are fully

aware of the extent and limits of their legal authority and the legal

rights of parents in carrying out such investigations. H.R. 3839 requires that states have provisions in place that address the training of child protective services personnel in their legal duties,

which may consist of procedures to inform such personnel of such

duties, in order to protect the legal rights of children and families.

25

In addition, the Committee wanted to ensure that state child protective service agencies were operating effectively and serving the

needs of their community. As part of the 1996 reauthorization,

states were required to establish citizen review panels composed of

volunteer community representatives to examine and evaluate the

policies and procedures of state and local child protective services

agency activities. To ensure that these review panels are fulfilling

their mission, H.R. 3839 requires the Secretary to conduct a study

by random sample on the effectiveness of citizen review panels and

report its findings to the appropriate Committees of Congress.

Fourth National Incidence Study

The National Incidence Study (NIS) is the single most comprehensive source of information about the current rate of child

abuse and neglect in the United States. The last NIS study was

conducted from 1993 to 1996. It provided key updates on the estimates on the incidence of child abuse and neglect in the United

States and measured changes in such incidence from earlier studies. H.R. 3839 instructs the Secretary to conduct the fourth NIS

and report its findings to the appropriate Committees of Congress

within four years. The Committee believes that it is necessary to

obtain the most updated information on the national incidence of

child abuse and neglect in order to continue to monitor trends on

the occurrence of child maltreatment in the United States and to

review what is or is not working in the prevention of child abuse

and neglect efforts. The Committee also is interested in reviewing

the incidence and prevalence of child maltreatment as it relates to

family structure (including the living arrangement of the resident

parent), family income, and family size. The Committee feels this

information is important in order to review and monitor the conditions that lead to incidents of child abuse and neglect and to help

monitor other services that may be needed in the future to ensure

that the needs of children at risk for abuse and neglect are met.

Protecting individual rights

During the hearings on CAPTA, the Subcommittee heard concerns about the number of parents being falsely accused of child

abuse and neglect and the aggressiveness of child protective services personnel in their investigations of alleged child abuse. Mr.

Christopher Klicka of the Home School Legal Defense Association

described numerous cases of innocent families being aggressively

investigated on allegations of child abuse and neglect only to have

such cases later determined to be unsubstantiated or false. In his

testimony describing a conversation with a former social worker,

Mr. Klicka stated, ‘‘In the old days, social workers tried to prove

a reported family was innocent and considered the family innocent

until proven guilty. Now the system operates on the principle that

a family is guilty * * * period.’’

The Committee looked carefully for ways to ensure that the individual rights of parents being investigated on allegations of child

abuse or neglect were protected, while not compromising the intent

of the child protective services system—to ensure that the best interest of the child is the primary focus. To that end the Committee

wanted to enhance the training of child protective services personnel to ensure that they are knowledgeable in best practices for

26

promoting collaboration with families and that they are fully aware

of the extent and limits of their legal authority and the legal rights

of parents in carrying out such investigations. H.R. 3839 requires

that states have provisions in place that address the training of

child protective services personnel in their legal duties, which may

consist of procedures to inform such personnel of such duties, in

order to protect the constitutional and statutory rights of children

and families. For instance, the Committee believes that child protective services personnel should understand that they don’t have

the authority to demand entry in the family home when investigating an allegation.

The bill also permits states to use their CAPTA dollars to develop and deliver information related to improving public education

on the role and responsibilities of the child protective services system and the proper and appropriate basis for reporting suspected

incidents of child abuse and neglect. It is the hope of the Committee that by requiring states to improve the training of social

workers in proper and appropriate investigating techniques, and

provide more education on appropriate reporting of child abuse and

neglect by the public that incidents of aggressive investigating behavior and incidents of false reports of child maltreatment cases

will be significantly decreased.

The Committee also heard concerns about how most of these

families were never informed of the specific allegations made

against them in the first place. The Committee firmly believes that

individuals being investigated for alleged child maltreatment

should be informed of the specific allegations made against them.

H.R. 3839 addresses this issue by requiring states to have policies

and procedures in place to require social workers, at the initial

time of contact, to advise individuals who are subject to a child

abuse and neglect investigation of the complaints or allegations

made against them. However, it is not the intent of the Committee

that by requiring states to have such policies and procedures in

place that such advisement be too descriptive as to inadvertently

provide identifying information that may reveal the source of such

allegation or complaint. The bill specifically states that such advisement be in a manner that is consistent with laws protecting the

rights of the informant.

In addition, the Committee wants to ensure that individual

rights are protected by giving individuals who have been subject to

a child abuse and neglect investigation an opportunity to be heard

when they feel they have been wrongfully accused or have been the

subject of an overly aggressive child maltreatment investigation.

H.R. 3839 requires citizen review panels to provide for public outreach and comment in order to help states assess the impact of the

procedures and practices of their child protective services system

upon the children, families, and individuals in the community.

Protecting infants born addicted to substances

As the Subcommittee began reviewing issues and concerns surrounding the reauthorization of CAPTA one issue that arose was

how to protect and deal with infants born and identified with fetal

alcohol effects, fetal alcohol syndrome, neonatal intoxication or

withdrawal syndrome, or neonatal physical or neurological harm

resulting from prenatal drug exposure. Congressman Greenwood

27

offered an amendment during Subcommittee consideration to address this issue. As a former caseworker and state legislator, Congressman Greenwood has spent countless hours looking for ways to

assure proper treatment for infants who have been harmed by alcohol and/or other drug exposure in utero. During a Subcommittee

hearing held last year, Congressman Greenwood described his

ideas and attempts to require that states have some sort of reporting requirements to child protective services for when infants are

born addicted to drugs or alcohol. He also spoke of requiring the

child protective services agency to develop a safe plan of care for

the infant. Currently, only 12 states and the District of Columbia

have some form of specific reporting criteria and procedures relating to drug-exposed infants.

This issue also received attention in the fall of 2001 when the

Washington Post ran a series of articles describing several infants

born addicted to drugs or alcohol in the District of Columbia who

died from lack of care by the mother or supervision from the city’s

child protective services agency—even when the agency was aware

of the child’s and family’s fragile condition. According to one article,

eleven drug-exposed or medically frail newborns in D.C. died from

1993 through 2000 after they were released to parents whose addictions and circumstances were well-documented by hospitals and

social workers. The article stated: ‘‘The babies got lost in a system

where no one assumes direct responsibility for them.’’ In some instances where the child protective services agency was

properly notified, the agency failed to respond to the hospital’s

calls, leaving fragile infants in the hands of parents who were illequipped to care for them. The article continued to describe numerous other cases with the same results. A committee formed to investigate the District’s policies regarding infants born drug-exposed

or addicted to drugs or alcohol concluded, ‘‘There are no standards,

policies, procedures, or consistent practices for dealing with substance abuse mothers, especially of newborns addicted to drugs.’’ Congressman Greenwood’s amendment requires states, as a condition of receiving CAPTA dollars, to have policies and procedures

in place to address the needs of infants born with fetal alcohol effects, fetal alcohol syndrome, neonatal intoxication or withdrawal

syndrome, or neonatal physical or neurological harm resulting from

prenatal drug exposure. Under the amendment, health care providers involved in the delivery of such infants would be required

to notify the child protective services system of such occurrence and

a safe plan of care for the infant, including providing services to

the mother would be required. The amendment passed the Subcommittee by voice vote and a slightly amended version passed in

the Full Committee in the substitute amendment. The Committee

wants to be clear that the final language does not create any new

or amended definition of child abuse. Neither is it the intent of this

language to address any legal prosecution of mothers. The goal of

this language is to identify infants at risk of child abuse and neglect so appropriate services can be delivered to the infant and

mother to provide for the safety of the child. The Committee also

wants to be clear that the amendment does not preempt a state’s

law regarding what constitutes child abuse or requires prosecution.

For instance, states that choose to prosecute women who have

given birth to infants addicted to drugs or alcohol may continue to

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do so. The language included in H.R. 3839 only requires states to

have policies and procedures in place to address a safe plan of care

for the infant.

Improved collaboration for improved prevention and treatment services

To prevent gaps in needed services, the bill requires the state

child welfare system to develop policies and procedures for the referral of abused or neglected children under the age of 3 to the

statewide early intervention system funded under Part C of the Individuals with Disabilities Education Act. Such policies and procedures will ensure that abused children can access any Part C early

intervention services and supports for which they are eligible. Such

services will help these children learn, grow and thus enter school

ready to learn.

Related to this issue is the importance of health screenings and

treatment for children who are victims of child abuse and neglect.

Appropriate health and developmental evaluations and treatment

can greatly influence healthy child development and can affect

treatment and family preservation, such as preventing the need for

out-of-home placements. H.R. 3839 takes many steps to help states

address this problem and improve services for victims of child

abuse and neglect by promoting linkages between child protection

and health care (including mental health) agencies.

H.R. 3839 also promotes collaboration between the child protection system and the juvenile justice system as an important component in the prevention and treatment of child abuse. Research consistently demonstrates that child maltreatment greatly increases

the risk of juvenile delinquency and criminal behavior. A study by

the National Institute of Justice concluded that being abused or neglected as a child increased the likelihood of arrest as a juvenile

by 59 percent and for a violent crime by 29 percent. Thus, many

children under the care and supervision of child protection services

will come to the attention or custody of the juvenile justice system.

Yet social workers, judges, probation officers, researchers and others suggests there is little communication or collaboration between

child protection and juvenile justice systems.

Enhanced collaboration between these two systems is needed if

children are to receive appropriate treatment for child abuse and

neglect. Continuity in services for abused and neglected youth is an

essential component to the treatment of child maltreatment, and

therefore enhanced collaboration between representatives and procedures of the child protection systems and juvenile justice systems

is an essential part of federal, state and local attempts to treat

child abuse. H.R. 3839 supports better treatment services to victims of child abuse and neglect by encouraging research and allowing operation grants on effective approaches to interagency collaboration that improve the delivery of services and treatment.

The Adoption Opportunities Program

The Adoption Opportunities Program was created to help eliminate barriers to adoption and to facilitate the acquisition of permanent homes for children who would benefit from adoption, particularly children with special needs and disabled infants with lifethreatening conditions. The Adoption Opportunities Program proVerDate 11-MAY-2000 15:19 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
29

vides grants to public and non-profit agencies to: promote quality

standards for adoption services, pre- and post-placement, and postlegal adoption counseling, and standards to protect children’s

rights. The program also authorizes a national adoption information exchange system and national recruitment efforts to reach prospective adoptive parents.

H.R. 3839 makes minor modifications to the Adoption Opportunities program and requires the Secretary to conduct a study on the

dynamics of successful adoptions. The Committee recognizes the

lack of research about the dynamics of successful adoptions and

supports the need for such research in order to fill this gap and

provide better information on adoption.

The Abandoned Infants Assistance Act

The Abandoned Infants Act provides grants to public and nonprofit agencies that design and implement demonstration projects

to address this problem. Specific activities include: preventing the

abandonment of infants, identifying and addressing the needs of

abandoned infants, recruiting and training foster families for abandoned children, providing residential care for infants and young

children who cannot live with their families or who are awaiting

placement in foster care, providing respite care for families and foster families, and recruiting and training health and social services

personnel to work with abandoned children. Priority for services is

given to children who were perinatally exposed to HIV or HIV-infected, or were perinatally exposed to dangerous drugs.

As noted, the current Abandoned Infants Assistance Act places

a priority on services for abandoned infants and young children

born infected with or exposed to HIV or perinatally exposed to dangerous drugs. H.R. 3839 includes language that broadens one of the

two priorities. The bill maintains the program’s commitment to

serving infants born infected with or exposed to the human immunodeficiency virus (HIV) and then broadens this priority to recognize abandoned infants and young children born with other serious medical conditions. The act’s other priority—abandoned infants

and young children perinatally exposed to drugs—remains unchanged.

The Committee fully supports the discretion of the Secretary to

continue its priority to fund local programs that serve infants

whose mothers are infected with HIV/AIDS or are addicted to illicit

drugs, because at the present time drug use and HIV/AIDS are the

leading factors resulting in infant abandonment. However, the

Committee acknowledges that over time other factors may become

more prevalent predictors of infant abandonment.

The Family Violence Prevention and Services Act

The Family Violence Prevention and Services Act (FVPSA) authorizes assistance to states, Tribes and Tribal organizations to assist in efforts to increase public awareness about family violence

and provide immediate shelter and related assistance to victims of

family violence and their dependents.

The Family Violence Prevention and Services Act (FVPSA) was

reauthorized along with the Violence Against Women Act (VAWA)

during the 106th Congress, however, at that time only a straight

five year authorization was agreed to and no significant changes

30

were made. Traditionally, FVPSA is reauthorized along with

CAPTA and its’ related programs and acts. As such, H.R. 3839 extends the authorization and makes minor modifications to FVPSA

to coordinate with the reauthorization of CAPTA. H.R. 3839 does

not make changes to VAWA. In addition, FVPSA (as reauthorized

under VAWA) authorized the transitional housing assistance program for only one year. The transitional housing assistance program awards grants to entities that provide transitional housing or

housing assistance to victims and their dependents fleeing a domestic violence situation and for whom emergency shelter services

are unavailable or insufficient. The Committee recognizes the importance of the transitional housing assistance program in helping

domestic violence victims find a permanent, safe, secure and stable

living situations. The Committee further recognizes that far too

often, because of programmatic and funding constraints, the permissible length of stay in emergency shelters for those fleeing a domestic violence situation does not always provide enough time for

victims to begin the task of restoring order to their lives. H.R. 3839

extends the authorization for the transitional housing assistance

program through FY 2007.

SECTION-BY-SECTION ANALYSIS

Section 1. Establishes the short title of the act to be the ‘‘Keeping

Children and Families Safe Act of 2002.’’

TITLE I—CHILD ABUSE PREVENTION AND RELATED PROGRAMS

Subtitle A—Amendments to the Child Abuse Prevention and Treatment Act

Chapter 1—General program

Section 101. Repeals section 102 of the act.

‘‘Section 102. Amends section 103(b)(1) of the act and section 103

(c)(1) of such act regarding a national clearinghouse for information

relating to child abuse.

‘‘Section 103. Amends section 104(a) and section 104(b) of the act

pertaining to research and assistance activities.

‘‘Section 104. Amends section 105(a), (b) and (c) of the act pertaining to grants to public agencies and nonprofit private organizations for demonstration programs and projects.

‘‘Section 105. Amends section 106(a), (b)(1)(B), (b)(2)(A), (b)(3), (c)

and (d) of the act pertaining to grants to states for child abuse and

neglect prevention and treatment programs, citizen review panels,

and annual state reporting requirements.

‘‘Section 106. Amends section 107(a) of the act regarding grants

to states for programs relating to the investigation and prosecution

of child abuse and neglect cases.

‘‘Section 107. Amends section 108 of the act to encourage materials and services for children and families of limited English proficiency to be provided in the appropriate language other than

English. ‘‘Section 108. Amends section 110 of the act to require the secretary to conduct a study of the effectiveness of the citizen review

panels and submit such report to the appropriate Congressional

committees.

31

‘‘Section 109. Amends section 112(a)(1) and (a)(2)(B) to extend

the authorization of appropriations and make technical corrections.’’

Chapter 2—Community-based family resources and support

grants

‘‘Section 111. Amends section 201(a)(1) and (b) of the act to clarify the purpose and authority of community-based family resource

and support grants.

‘‘Section 112. Amends section 202 of the act to make technical

changes regarding eligibility requirements.

‘‘Section 113. Amends section 203(b)(1)(B) of the act to make

technical changes to the formula.’’

Section 114. Repeals section 204 of the act.

‘‘Section 115. Amends section 205 of the act to make technical

changes pertaining to state applications.

‘‘Section 116. Amends section 206(a) of the act to make technical

changes regarding local program requirements.

‘‘Section 117. Amends section 207 of the act to make technical

changes to performance measures.

‘‘Section 118. Amends section 208(3) of the act to make technical

changes to the National Network for Community-Based Family Resource programs.

‘‘Section 119. Amends section 209(1) of the act to make technical

changes to definitions.

‘‘Section 120. Amends section 210 to extend the authorization of

appropriations.’’

Chapter 3—Technical and conforming amendments; redesignations

‘‘Section 121. Amends section 2(3)(D), Title I and Title II of this

act to provide for conforming amendments.

‘‘Section 122. Amends Titles I and II of this act to provide for redesignations.

Subtitle B—Amendments to other child abuse prevention and related programs

Chapter 1—Child Abuse Prevention and Treatment and

Adoption Reform Act of 1978

‘‘Section 131. Amends section 201(a) of such act pertaining to

congressional findings and declaration of purpose.

‘‘Section 132. Amends section 203 of such act to insert section

203 regarding services for families adopting special needs children

and improving placement rates of children in foster care.

‘‘Section 133. Amends section 204 of such act requiring the Secretary to conduct research on adoption outcomes and the factors affecting those outcomes.

‘‘Section 134. Amends section 205 of such act regarding the authorization of appropriations under this subtitle.

‘‘Section 135. Amends Title II of such act to provide for redesignations and make conforming amendments.’’

32

Chapter 2—Abandoned Infants Assistance Act of 1988

‘‘Section 141. Amends section 2 of such act regarding the findings.

‘‘Section 142. Amends section 101 of such act to strike the section

heading and make changes to the priority of services.

‘‘Section 143. Amends section 102 of such act regarding evaluations, studies and reports by the Secretary.

‘‘Section 144. Amends section 104 of such act regarding authorization of appropriations.

‘‘Section 145. Amends such act to make technical changes and to

provide for conforming amendments and redesignations.’’

Subtitle C—Technical and conforming amendments

‘‘Section 151. Amends the Child Abuse Prevention and Treatment

Act to establish the short title as the ‘‘Keeping Children and Families Safe Act’’ and provide for the table of contents of this act.

TITLE II—AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND

SERVICES ACT

‘‘Section 201. Amends section 303(a)(2)(B)(i) and section 303(b)(1)

of such act regarding the authorization of state demonstration

grants.

‘‘Section 202. Amends section 306 of such act to make technical

changes.’’

Section 203. Amends section 308 of such act by striking subsection (g).

‘‘Section 204. Amends section 310(a) and 311(g) of such act pertaining to authorization of appropriations.’’

Section 205. Amends section 311 of such act by striking subsection (h).

‘‘Section 206. Amends section 316(b) and (f) of such act regarding

the national domestic violence hotline grant.

‘‘Section 207. Amends section 318 (h) of such act to provide for

the authorization of appropriations regarding demonstration grants

for community initiatives and by striking subsection (i).

‘‘Section 208. Amends section 319 (f) of such act to extend the authorization of the transitional housing assistance program.

‘‘Section 209. Amends sections 302(1), 303(a), 305(b)(2)(A), 311(a),

313(1) and 315(b)(3)(A) to make technical and conforming amendments.’’

TITLE III—EFFECTIVE DATE

Section 301. Establishes the effective date of this act and the

amendments made by this act.

EXPLANATION OF AMENDMENTS

The Amendment in the Nature of a Substitute is explained in the

body of this report.

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of

the application of this bill to the legislative branch. The purpose of

H.R. 3839 is to reauthorize and make amendments to the Child

33

Abuse Prevention and Treatment Act (CAPTA), the Adoption Opportunities program, the Abandoned Infants Assistance Act, and

the Family Violence Prevention and Services Act (FVPSA). The bill

does not prevent legislative branch employees from receiving the

benefits of this legislation.

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the

provisions of the reported bill include unfunded mandates. H.R.

3839 reauthorizes and makes amendments to the Child Abuse Prevention and Treatment Act (CAPTA), the Adoption Opportunities

program, the Abandoned Infants Assistance Act, and the Family

Violence Prevention and Services Act (FVPSA). As such, the bill

does not contain any unfunded mandates.

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1)

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the

body of this report.

NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE

COST ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of

the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of

3(c)(3) of rule XIII of the House of Representatives and section 402

of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for H.R. 3839 from the Director

of the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, April 4, 2002.

Hon. JOHN A. BOEHNER,

Chairman, Committee on Education and the Workforce,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3839, the Keeping Children and Families Safe Act of 2002.

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

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

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

H.R. 3839—Keeping Children and Families Safe Act of 2002

Summary: Programs under the Child Abuse Prevention and

Treatment Act, the Child Abuse Prevention, Treatment and AdopVerDate 11-MAY-2000 21:47 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6602 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
34

tion Reform Act of 1978, and the Abandoned Infants Assistance Act

of 1988 were authorized through 2001. These programs were continued in 2002 by the Department of Health and Human Services

Appropriations Act, 2002. H.R. 3839 would reauthorize these programs through 2007. It also would extend authorizations through

2007 for some programs authorized under the Family Violence Prevention and Services Act. Most programs under that act are currently authorized through 2005. The bill would authorize total appropriations of $312 million in

2003. CBO estimates that total authorizations under H.R. 3839

would amount to about $2 billion over the 2003–2007 period, assuming that annual levels are adjusted to keep pace with inflation

when specific annual authorizations are not provided. (Without

such inflation adjustments, the authorization total would be about

$1.9 billion over the 2003–2007 period.) CBO estimates that appropriations of the authorized levels would result in additional outlays

of $1.2 billion over the 2003–2007 period, if inflation adjustments

are included.

Enacting the bill would not affect direct spending or receipts;

therefore, pay-as-you-go procedures would not apply. H.R. 3839

contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would

impose no costs on state, local, or tribal governments.

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 3839 is shown in Table 1. The costs of this

legislation fall within budget function 500 (education, training, employment, and social services).

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF H.R. 3839, THE KEEPING CHILDREN AND

FAMILIES SAFE ACT OF 2002

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION

WITH ADJUSTMENTS FOR INFLATION

Spending under current law:

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

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

Proposed changes:

Estimated authorization level ............................................. 0 312 318 324 513 519

Estimated outlays ................................................................ 0 33 165 249 322 463

Spending under H.R. 3839:

Estimated authorization level ............................................. 254 495 501 507 513 519

Estimated outlays ................................................................ 231 265 359 430 481 516

WITHOUT ADJUSTMENTS FOR INFLATION

Spending under current law:

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

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

Proposed changes:

Estimated authorization level ............................................. 0 312 312 312 495 495

Estimated outlays ................................................................ 0 33 164 245 314 449

Spending under H.R. 3839:

Estimated authorization level ............................................. 254 495 495 495 495 495

Estimated outlays ................................................................ 231 265 359 427 473 503

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

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

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

Violence Prevention and Services Act.

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

35

Basis of estimate

H.R. 3839 would authorize funding through 2007 for various programs created under the Child Abuse Prevention and Treatment

Act, the Child Abuse Prevention, Treatment and Adoption Reform

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

Family Violence Prevention Services Act. Programs authorized

under the first three acts would be reauthorized at specific levels

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

2007. Programs authorized by the Family Violence Prevention and

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

would be extended at current levels through 2007.

H.R. 3839 would authorize the appropriation of $312 million in

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

$2 billion over the 2003–2007 period assuming that ‘‘such sums’’

amounts provided after 2003 are adjusted for inflation. If the authorized amounts are appropriated, outlays would increase by $33

million in the first year and by $1.2 billion over the five-year period.

Table 2 presents CBO’s estimates with inflation adjustments for

the various components of each title under H.R. 3839. Unless annual amounts are specified, CBO’s estimate of authorized levels is

the authorized amount for 2003 with those amounts inflated in

later years. The estimated outlays reflect historical rates of spending for the affected programs.

Title I—Child abuse prevention and related programs

Title I of H.R. 3839 would reauthorize and revise programs currently authorized under the Child Abuse Prevention and Treatment Act, the Child Abuse Prevention, Treatment and Adoption

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

1988. H.R. 3839 would authorize a total of $287 million for 2003

for all programs under title I. CBO estimates the total funding for

title I for the 2003–2007 period would be about $1.5 billion, assuming adjustments for inflation, with resulting outlays of $950 million

over those five years.

Child Abuse Prevention Programs. H.R. 3839 would authorize

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

Grant program and the Child Abuse Discretionary Activities program and such sums as may be necessary in 2004 through 2007.

The state grant program provides formula grants to states to improve child protection services. The discretionary activities program

awards funds to other public agencies or private nonprofit agencies

for research and demonstration projects. The two programs were

funded at $48 million in 2002.

The bill also would amend provisions to include new reporting

and training requirements and would encourage collaborative partnerships between organizations within a state.

36

TABLE 2.—DETAILED EFFECTS OF H.R. 3839, THE KEEPING CHILDREN AND FAMILIES SAFE ACT OF

2002, WITH ADJUSTMENTS FOR INFLATION

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION

Spending under current law:

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

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

Proposed changes:

Title I—Child Abuse Prevention and Related Programs

Child abuse prevention state grants and discretionary activities:

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

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

Community based resource centers:

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

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

Adoption opportunities:

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

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

Abandoned infants assistance:

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

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

Administrative expenses for abandoned infants assistance:

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

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

Subtotal, Title I:

Estimated authorization level ............................................. 0 287 293 299 305 311

Estimated outlays ................................................................ 0 18 141 224 273 293

Title II—Family Violence Prevention and Services

Family violence prevention and services/battered women’s

shelters: 2

Estimated authorization level ............................................. 0 0 0 0 175 175

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

Domestic violence hotline: 2

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

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

Demonstration grants for community initiatives: 2

Estimated authorization level ............................................. 0 0 0 0 6 6

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

Transitional housing assistance:

Estimated authorization level ............................................. 0 25 25 25 25 25

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

Subtotal, Title II:

Estimated authorization level ............................................. 0 25 25 25 208 208

Estimated outlays ................................................................ 0 15 24 24 48 169

Total proposed changes:

Estimated authorization level ............................................. 0 312 318 324 513 519

Estimated outlays ................................................................ 0 33 165 249 322 463

Total spending under H.R. 3839:

Estimated authorization level ............................................. 254 495 501 507 513 519

Estimated outlays ................................................................ 231 265 359 430 481 516

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

Child Abuse Prevention, Treatment, and Adoption Reform Act of 1978, the Abandoned Infants Assistance Act of 1988, and the Family Violence Prevention and Services Act. The 2003–2005 amounts are current authorization levels for certain programs under the Family Violence Preven- tion and Services Act. 2 The Family Violence Prevention and Services, Domestic Violence Hotline, and Demonstration Grants for Community Initiatives programs are currently authorized until 2005. Table 2 shows only new authorizations. See text for a description of authorizations.

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

Community Based Resource Centers. H.R. 3839 also would authorize $80 million in 2003 and such sums as may be necessary

over the 2004–2007 period for grants to help states expand the network of services and coordination of services within the state. The

program is funded at $33 million in 2002.

37

Adoption Opportunities. The bill would authorize $40 million in

2003 and such sums as may be necessary over the 2004–2007 period for the adoption opportunities program. The adoption opportunities program provides funds to organizations for programs to

eliminate barriers to adoption. Projects include the creation of a

national adoption exchange system, legal services programs, and

programs to increase the adoption rates of minority children. These

activities are funded at $27 million in 2002.

Abandoned Infants Assistance. H.R. 3839 would authorize $45

million in 2003 and such sums as may be necessary for the next

four fiscal years for the Abandoned Infants Assistance program.

That program provides funds to public and private organizations

for programs that prevent abandonment of infants with HIV/AIDS,

assist abandoned infants, and recruit and train foster parents and

health and social services professionals. The bill also would authorize about $2 million in each fiscal year for administrative expenses.

The program is funded at $12 million in 2002.

Title II—Other child abuse prevention and related programs

Title II would authorize $25 million in 2003 and $491 million

over the 2003–2007 period for four family violence prevention programs that are currently authorized under the Family Violence

Prevention and Services Act. The Family Violence Prevention and

Services Act already authorizes most of these appropriations

through 2005, and this bill would extend the authorizations

through 2007.

Family Violence Prevention and Services/Battered Women’s Shelters. The bill would extend the authorization of the Family Violence Prevention and Services/Battered Women’s Shelter program

from 2005 through 2007. The program provides grants to states to

provide shelter and assistance for victims, and preventive services

for perpetrators of domestic violence. The current authorization is

$175 million annually through 2005. The program is funded at

$124 million in 2002.

Domestic Violence Hotline. H.R. 3839 would authorize $2 million

in each of the years 2006 and 2007 for the National Domestic Violence hotline. The hotline is a national toll-free telephone hotline

that provides information and assistance to victims of domestic violence throughout the United States. The program is currently authorized at $2 million annually through 2005 by the Family Violence Prevention and Services Act. The program received $2 million

in 2002.

Demonstration Grants for Community Initiatives. The bill would

extend the authorization for grants for community initiatives

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

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

Transitional Housing Assistance. H.R. 3839 would authorize $25

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

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

funded.

Pay as you go considerations: None.

38

Estimated impact on state, local, and tribal governments: H.R.

3839 contains no intergovernmental mandates as defined in UMRA

and would impose no costs on state, local, or tribal governments.

This bill would benefit state, local, and tribal governments by authorizing at least $300 million in grants to prevent child abuse and

family violence as well as to protect abused and neglected children.

Any costs incurred to apply for or administer grants would be voluntary.

Estimated impact on the private sector: The bill contains no private-sector mandates as defined in UMRA.

Estimate prepared by: Federal Costs: Donna Wong; Impact on

State, Local, and Tribal Governments: Elyse Goldman; Impact on

the Private Sector: Kate Bloniarz.

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

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with Clause (3)(c) of House Rule XIII, the goal of

H.R. 3839 is to authorize federal assistance helping to prevent

child abuse and family violence and protecting and treating abused

and neglected children and victims of family violence. The bill also

focuses on maintaining local projects with demonstrated value in

eliminating barriers to permanent adoption and addressing the circumstances that often lead to child abandonment. The Committee

expects the administering federal agencies to comply with H.R.

3839 and implement the changes to the law in accordance with the

changes.

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of

Representatives, the Committee must include a statement citing

the specific powers granted to Congress in the Constitution to

enact the law proposed by H.R. 3839. The Committee believes that

the amendments made by this bill, which authorize appropriations

for the Child Abuse Prevention and Treatment Act (CAPTA), the

Adoption Opportunities program, the Abandoned Infants Assistance Act, and the Family Violence Prevention and Services Act

(FVPSA), are within Congress’ authority under Article I, section 8,

clause 1 of the Constitution.

COMMITTEE ESTIMATE

Clauses 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R.

3839. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its

report a timely submitted cost estimate of the bill prepared by the

Director of the Congressional Budget Office under section 402 of

the Congressional Budget Act.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

39

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

CHILD ABUSE PREVENTION AND TREATMENT ACT

øSECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

ø(a) SHORT TITLE.—This Act may be cited as the ‘‘Child Abuse

Prevention and Treatment Act’’. ø(b) TABLE OF CONTENTS.—The table of contents is as follows:

øTABLE OF CONTENTS

øSec. 1. Short title and table of contents.

øSec. 2. Findings.

øTITLE I—GENERAL PROGRAM

øSec. 101. Office on Child Abuse and Neglect.

øSec. 102. Advisory Board on Child Abuse and Neglect.

øSec. 103. National clearinghouse for information relating to child abuse.

øSec. 104. Research and assistance activities.

øSec. 105. Grants to public agencies and nonprofit private organizations for demonstration programs and projects.

øSec. 106. Grants to States for child abuse and neglect prevention and treatment

programs.

øSec. 107. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases.

øSec. 108. Miscellaneous requirements relating to assistance.

øSec. 109. Coordination of child abuse and neglect programs.

øSec. 110. Reports.

øSec. 111. Definitions.

øSec. 112. Authorization of appropriations.

øSec. 113. Rule of construction.

øTITLE II—COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

øSec. 201. Purpose and authority.

øSec. 202. Eligibility.

øSec. 203. Amount of grant.

øSec. 204. Existing grants.

øSec. 205. Application.

øSec. 206. Local program requirements.

øSec. 207. Performance measures.

øSec. 208. National network for community-based family resource programs.

øSec. 209. Definitions.

øSec. 210. Authorization of appropriations.¿

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Keeping Children and Families Safe Act’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as

follows:

Sec. 1. Short title; table of contents.

TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT

Sec. 101. Short title.

Sec. 102. Findings.

Subtitle A—General Program

Sec. 111. Office on Child Abuse and Neglect.

Sec. 112. National clearinghouse for information relating to child abuse.

Sec. 113. Research and assistance activities.

Sec. 114. Grants to public agencies and nonprofit private organizations for demonstration programs and projects.

Sec. 115. Grants to States for child abuse and neglect prevention and treatment programs.

40

Sec. 116. Grants to States for programs relating to the investigation and prosecution

of child abuse and neglect cases.

Sec. 117. Miscellaneous requirements relating to assistance.

Sec. 118. Coordination of child abuse and neglect programs.

Sec. 119. Reports.

Sec. 120. Definitions.

Sec. 121. Authorization of appropriations.

Sec. 122. Rule of construction.

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

Abuse and Neglect

Sec. 131. Purpose and authority.

Sec. 132. Eligibility.

Sec. 133. Amount of grant.

Sec. 134. Application.

Sec. 135. Local program requirements.

Sec. 136. Performance measures.

Sec. 137. National network for community-based family resource programs.

Sec. 138. Definitions.

Sec. 139. Authorization of appropriations.

TITLE II—OTHER CHILD ABUSE PREVENTION AND RELATED PROGRAMS

Subtitle A—Adoption Opportunities

Sec. 201. Short title.

Sec. 202. Congressional findings and declaration of purpose.

Sec. 203. Information and services.

Sec. 204. Study and report on dynamics of successful adoption.

Sec. 205. Authorization of appropriations.

Subtitle B—Abandoned Infants Assistance

Sec. 221. Short title.

Sec. 222. Findings.

Sec. 223. Establishment of local programs.

Sec. 224. Evaluations, study, and reports by secretary.

Sec. 225. Definitions.

Sec. 226. Authorization of appropriations.

TITLE I—CHILD ABUSE PREVENTION

AND TREATMENT ACT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Child Abuse Prevention and Treatment Act’’.

SEC. ø2.¿ 102. FINDINGS.

Congress finds that—

(1) * * *

* * * * * * *

(3) the problem of child abuse and neglect requires a comprehensive approach that—

(A) * * *

* * * * * * *

(D) øensures properly trained and support staff with

specialized knowledge,¿ ensures staff have proper training

and specialized knowledge to carry out their child protection duties; and

* * * * * * *

41

øTITLE I—GENERAL PROGRAM¿

Subtitle A—General Program

SEC. ø101.¿ 111. OFFICE ON CHILD ABUSE AND NEGLECT.

(a) * * *

(b) PURPOSE.—The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this øAct¿ title. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all

agencies involved in child abuse and neglect activities.

øSEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

ø(a) APPOINTMENT.—The Secretary may appoint an advisory

board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to

child abuse and neglect.

ø(b) SOLICITATION OF NOMINATIONS.—The Secretary shall publish

a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a).

ø(c) COMPOSITION.—In establishing the board under subsection

(a), the Secretary shall appoint members from the general public

who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse

geographic areas, and who represent— ø(1) law (including the judiciary);

ø(2) psychology (including child development);

ø(3) social services (including child protective services);

ø(4) medicine (including pediatrics);

ø(5) State and local government;

ø(6) organizations providing services to disabled persons;

ø(7) organizations providing services to adolescents;

ø(8) teachers;

ø(9) parent self-help organizations;

ø(10) parents’ groups;

ø(11) voluntary groups;

ø(12) family rights groups; and

ø(13) children’s rights advocates.

ø(d) VACANCIES.—Any vacancy in the membership of the board

shall be filled in the same manner in which the original appointment was made.

ø(e) ELECTION OF OFFICERS.—The board shall elect a chairperson

and vice-chairperson at its first meeting from among the members

of the board.

ø(f) DUTIES.—Not later than 1 year after the establishment of the

board under subsection (a), the board shall submit to the Secretary

and the appropriate committees of Congress a report, or interim report, containing— ø(1) recommendations on coordinating Federal, State, and

local child abuse and neglect activities with similar activities

42

at the Federal, State, and local level pertaining to family violence prevention;

ø(2) specific modifications needed in Federal and State laws

and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhancing

the ability to identify and substantiate legitimate cases of

abuse or neglect which place a child in danger; and

ø(3) recommendations for modifications needed to facilitate

coordinated national data collection with respect to child protection and child welfare.¿

SEC. ø103.¿ 112. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE.

(a) * * *

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

established by subsection (a)— (1) maintain, coordinate, and disseminate information on øall

programs, including private programs, that show promise of

success¿ all effective programs, including private programs,

that show promise of success and the potential for broad-scale

implementation and replication with respect to the prevention,

assessment, identification, and treatment of child abuse and

neglect; and

* * * * * * *

(c) COORDINATION WITH AVAILABLE RESOURCES.—

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

required by subsection (a), the Secretary shall—

(A) * * *

* * * * * * *

(E) compile, analyze, and publish a summary of the research conducted under section ø105(a)¿ 113(a); øand¿

(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. ø104.¿ 113. RESEARCH AND ASSISTANCE ACTIVITIES.

(a) RESEARCH.—

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

Federal agencies and recognized experts in the field, carry out

a continuing interdisciplinary program of research, including

longitudinal research, that is designed to provide information

needed to better protect children from abuse or neglect and to

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

least a portion of such research being field initiated. Such research program may focus on—

(A) the nature and scope of child abuse and neglect;

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

consequences of child abuse and neglect, including the effects of abuse and neglect on a child’s development and the

43

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; and

(G) the information on the national incidence of child

abuse and neglect specified in subparagraphs (A) through

(K) of paragraph (2).

ø(D) the national incidence of child abuse and neglect, including—¿ (2) The Secretary shall conduct research on the national incidence of child abuse and neglect, including— ø(i)¿ (A) the extent to which incidents of child abuse are

increasing or decreasing in number and severity;

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

ø(iii)¿ (C) the number of substantiated cases that result

in a judicial finding of child abuse or neglect or related

criminal court convictions;

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

or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect;

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

contributed to the inability of a State to respond effectively

to serious cases of child abuse and neglect;

ø(vi)¿ (F) the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed

in substitute care, and the duration of such placement;

ø(vii)¿ (G) the extent to which unsubstantiated reports

return as more serious cases of child abuse or neglect;

ø(viii)¿ (H) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; øand¿

(I) the incidence and prevalence of child maltreatment by

reason of family structure, including the living arrangement of the resident parent, family income, and family size;

and

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

44

other family court proceedings, and the interaction between this venue and the child protective services system.

(3) REPORT.—Not later than 4 years after the date of the enactment of the Keeping Children and Families Safe Act of 2002,

the Secretary shall prepare and submit to the Committee on

Education and the Workforce of the House of Representatives

and the Committee on Health, Education, Labor and Pensions

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

conducted under paragraph (2).

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

carrying out paragraph (1).

ø(B) In establishing research priorities as required by subparagraph (A), the Secretary shall— ø(i) publish proposed priorities in the Federal Register

for public comment; and

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

such proposed priorities.¿

(B) The Secretary shall, every two years, provide opportunity

for public comment of such proposed priorities and provide for

an official record of such public comment.

(b) PROVISION OF TECHNICAL ASSISTANCE.—

(1) IN GENERAL.—The Secretary shall provide technical assistance to State and local public and nonprofit private agencies and organizations, including disability organizations and

persons who work with children with disabilities, to assist such

agencies and organizations in planning, improving, developing,

and carrying out programs and activities, including replicating

successful program models, relating to the prevention, assessment, identification, and treatment of child abuse and neglect.

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

evaluation or identification of—

(A) * * *

(B) ways to mitigate psychological trauma to the child

victim; øand¿

(C) effective programs carried out by the States under

øtitles I and II.¿ this subtitle and subtitle B; and

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

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

such linkages.

* * * * * * *

(d) PEER REVIEW FOR GRANTS.—

(1) ESTABLISHMENT OF PEER REVIEW PROCESS.—(A) The Secretary shall, in consultation with experts in the field and other

øfederal¿ Federal agencies, establish a formal, rigorous, and

meritorious peer review process for purposes of evaluating and

reviewing applications for grants under this section and determining the relative merits of the projects for which such assistance is requested. The purpose of this process is to enhance the

quality and usefulness of research in the field of child abuse

and neglect.

* * * * * * *

45

SEC. ø105.¿ 114. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE ORGANIZATIONS FOR DEMONSTRATION PROGRAMS

AND PROJECTS.

(a) DEMONSTRATION PROGRAMS AND PROJECTS.—The Secretary

may make grants to, and enter into contracts with, public agencies

or private nonprofit agencies or organizations (or combinations of

such agencies or organizations) for time limited, demonstration programs and projects for the following purposes:

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

to public or private nonprofit organizations under this

section—

(A) * * *

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

volunteers serving in public and private nonprofit children,

youth and family service organizations in order to prevent

child abuse and neglect through collaborative analysis of

current recruitment, selection, and training programs and

development of model programs for dissemination and replication nationally; øand¿

(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

innovative partnerships between child protective service

agencies and health care agencies that offer creative approaches to using existing Federal, State, local, and private

funding to meet the health evaluation needs of children

who have been subjects of substantiated cases of child

abuse or neglect;

(E) for the training of personnel in best practices to promote collaboration with the families from the initial time

of contact during the investigation through treatment; and

(F) for the training of personnel regarding the legal duties of such personnel.

(2) MUTUAL SUPPORT PROGRAMS.—The Secretary may award

grants to private nonprofit organizations 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.

(3) OTHER INNOVATIVE PROGRAMS AND PROJECTS.— (A) IN GENERAL.—The Secretary may award grants to

public and private nonprofit agencies that demonstrate innovation in øresponding to reports¿ addressing the prevention and treatment of child abuse and neglect øincluding

programs of collaborative partnerships between the State

child protective services agency, community social service

agencies and family support programs, schools, churches

and synagogues, and other community agencies to allow

for the establishment of a triage system¿, including community-based organizations, national entities, collaborative

partnerships between State child protective service agencies,

statewide child abuse prevention and treatment organizations, law enforcement agencies, substance abuse treatment

46

entities, health care entities, domestic violence prevention

entities, mental health services entities, developmental disability agencies, community social service agencies, family

support programs, schools, religious organizations, and

other entities to allow for the establishment of a triage system that—

(i) * * *

* * * * * * *

(iii) provides further investigation and intensive

intervention where the øchild’s safety is in jeopardy¿

child’s safety and health are in jeopardy.

* * * * * * *

(D) LINKAGES BETWEEN CHILD PROTECTIVE SERVICE

AGENCIES AND PUBLIC HEALTH, MENTAL HEALTH, AND DEVELOPMENTAL DISABILITIES AGENCIES.—The Secretary may

award grants to entities that provide linkages between

State or local child protective service agencies and public

health, mental health, and developmental disabilities agencies, for the purpose of establishing linkages that are designed to help assure that a greater number of substantiated victims of child maltreatment have their physical

health, mental health, and developmental needs appropriately diagnosed and treated.

(b) DISCRETIONARY GRANTS.—In addition to grants or contracts

made under subsection ø(b)¿ (a), grants or contracts under this section may be used for the following:

(1) * * *

* * * * * * *

(4) Programs based within children’s hospitals, or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and

neglect and for health evaluations of children for whom a report of maltreatment has been substantiated.

ø(4)¿ (5)(A) Providing hospital-based information and referral services to—

(i) * * *

* * * * * * *

ø(5)¿ (6) Such other innovative programs and projects that

show promise of preventing and treating cases of child abuse

and neglect as the Secretary may approve.

(c) EVALUATION.—In making grants for demonstration projects

under this section, the Secretary shall require all such projects to

be evaluated for their effectiveness. Funding for such evaluations

shall be provided either as a stated percentage of a demonstration

grant or as a separate grant or contract entered into by the Secretary for the purpose of evaluating a particular demonstration

project or group of projects. In the case of an evaluation performed

by the recipient of a demonstration grant, the Secretary shall make

available technical assistance for the evaluation, where needed, to

ensure a rigorous application of scientific evaluation techniques.

47

SEC. ø106.¿ 115. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT

PREVENTION AND TREATMENT PROGRAMS.

(a) DEVELOPMENT AND OPERATION GRANTS.—The Secretary shall

make grants to the States, based on the population of children

under the age of 18 in each State that applies for a grant under

this section, for purposes of assisting the States in improving the

child protective services system of each such State in—

(1) * * *

* * * * * * *

(3) case management, including ongoing case monitoring,

and delivery of services and treatment provided to children and

their families;

(4) enhancing the general child protective system by improving risk and safety assessment tools and protocols, øautomation¿ management information and technology systems that

support the program and track reports of child abuse and neglect from intake through final disposition and information referral systems, including to support the ability of States to collect information for the National Child Abuse and Neglect Data

System;

(5) developing, strengthening, and facilitating training opportunities and requirements for individuals overseeing and providing services to children and their families through the child

protection system, including training regarding best practices

to promote collaboration with the families and the legal duties

of such individuals;

(6) improving the quality and availability of individuals providing services to children and families, and the supervisors of

such individuals, through the child protection system, including

improvements in the recruitment and retention of caseworkers;

ø(6)¿ (7) developing and facilitating training protocols for individuals mandated to report child abuse or neglect;

(8) developing and delivering information to improve public

education relating to the role and responsibilities of the child

protection system and the nature and basis for reporting suspected incidents of child abuse and neglect;

ø(7)¿ (9) developing, strengthening, and supporting child

abuse and neglect prevention, treatment, and research programs in the public and private sectors;

ø(8)¿ (10) developing, implementing, or operating—

(A) * * *

* * * * * * *

(B) programs to assist in obtaining or coordinating necessary services for families of disabled infants with lifethreatening conditions, including— (i) * * *

* * * * * * *

(iii) services necessary to facilitate adoptive placement of any such infants who have been relinquished

for adoption; øor¿

(11) promoting partnerships between public agencies and

community-based organizations to provide child abuse and neglect prevention and treatment services, including linkages with

48

education systems and health care systems (including mental

health systems);

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 system

for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children

transition between systems; or

(14) supporting and enhancing collaboration among public

health agencies, the child protection system, and private community-based programs to address the health needs of children

identified as abused or neglected, including supporting prompt,

comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment

reports.

(b) ELIGIBILITY REQUIREMENTS.— (1) STATE PLAN.— (A) * * *

(B) ADDITIONAL REQUIREMENT.—After the submission of

the initial grant application under subparagraph (A), the

State shall øprovide notice to the Secretary of any substantive changes¿ provide notice to the Secretary of— (i) any substantive changes to any State law relating

to the prevention of child abuse and neglect that may

affect the eligibility of the State under this 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

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 øStatewide program¿ statewide program, relating to child abuse and neglect that includes—

(i) provisions or procedures for the reporting of

known and suspected instances of child abuse and neglect;

(ii) policies and procedures to address the needs of

infants born and identified with fetal alcohol effects,

fetal alcohol syndrome, neonatal intoxication or withdrawal syndrome, or neonatal physical or neurological

harm resulting from prenatal drug exposure,

including—

49

(I) the requirement that health care providers involved in the delivery or care of such infants notify

the child protective services system of the occurrence of such condition in such infants, except that

such notification shall not be construed to create a

definition under Federal law of what constitutes

child abuse and such notification shall not be construed to require prosecution for any illegal action;

and

(II) the development of a safe plan of care for the

infant under which consideration may be given to

providing the mother with health services (including mental health services), social services, parenting services, and substance abuse prevention

and treatment counseling and to providing the infant with referral to the statewide early intervention program funded under part C of the Individuals with Disabilities Education Act for an evaluation for the need for services provided under part

C of such Act;

ø(ii)¿ (iii) procedures for the immediate screening,

safety assessment, and prompt investigation of such

reports;

ø(iii)¿ (iv) procedures for immediate steps to be

taken to ensure and protect the safety of the abused

or neglected child and of any other child under the

same care who may also be in danger of abuse or neglect and ensuring their placement in a safe environment;

ø(iv)¿ (v) provisions for immunity from prosecution

under State and local laws and regulations for individuals making good faith reports of suspected or known

instances of child abuse or neglect;

(vi) provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a

need for such information in order to carry out its responsibilities under law to protect children from abuse

and neglect;

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 requirements ensuring that reports and records made

and maintained pursuant to the purposes of this øAct¿

title shall only be made available to— (I) individuals who are the subject of the report;

(II) Federal, State, or local government entities,

or any agent of such 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 (vi);

* * * * * * *

ø(vi)¿ (viii) provisions which allow for public disclosure of the findings or information about the case of

50

child abuse or neglect which has resulted in a child fatality or near fatality;

ø(vii)¿ (ix) the cooperation of State law enforcement

officials, court of competent jurisdiction, and appropriate State agencies providing human services in the

investigation, assessment, prosecution, and treatment

of child abuse or neglect;

ø(viii)¿ (x) provisions requiring, and procedures in

place that facilitate the prompt expungement of any

records that are accessible to the general public or are

used for purposes of employment or other background

checks in cases determined to be unsubstantiated or

false, except that nothing in this section shall prevent

State child protective services agencies from keeping

information on unsubstantiated reports in their casework files to assist in future risk and safety assessment;

ø(ix)¿ (xi) provisions and procedures requiring that

in every case involving an abused or neglected child

which results in a judicial proceeding, a guardian ad

litem, who may be an attorney or a court appointed

special advocate (or both), shall be appointed to represent the child in such proceedings— (I) to obtain first-hand, a clear understanding of

the situation and needs of the child; and

(II) to make recommendations to the court concerning the best interests of the child;

ø(x)¿ (xii) the establishment of citizen review panels

in accordance with subsection (c);

ø(xi)¿ (xiii) provisions, procedures, and mechanisms

øto be effective not later than 2 years after the date

of the enactment of this section¿— (I) * * *

* * * * * * *

ø(xii)¿ (xiv) 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) * * *

* * * * * * *

(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)¿ (xv) an assurance that, upon the implementation by the State of the provisions, procedures, and

mechanisms under øclause (xii)¿ clause (xiv), conviction of any one of the felonies listed in øclause (xii)¿

clause (xiv) constitute grounds under State law for the

termination of parental rights of the convicted parent

as to the surviving children (although case-by-case determinations of whether or not to seek termination of

51

parental rights shall be within the sole discretion of

the State);

(xvi) provisions and procedures to require that a representative of the child protective services agency shall,

at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise

the individual of the complaints or allegations made

against the individual, in a manner that is consistent

with laws protecting the rights of the informant;

(xvii) provisions addressing the training of representatives of the child protective services system regarding

their legal duties, which may consist of procedures to

inform such representatives of such duties, in order to

protect the legal rights of children and families from

the initial time of contact during the investigation

through treatment;

(xviii) provisions and procedures for improving the

training, retention, and supervision of caseworkers;

and

(xix) provisions and procedures for referral of a child

under the age of 3 who is involved in a substantiated

case of child abuse or neglect to the statewide early

intervention program funded under part C of the Individuals with Disabilities Education Act for an evaluation for the need of services provided under part C of

such Act.

(B) an assurance that the State has in place procedures

for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State

child protective services system), to provide for—

(i) * * *

* * * * * * *

(iii) authority, under State law, for the State child

protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may

be necessary to prevent the withholding of medically

indicated treatment from disabled infants with ølife

threatening¿ life-threatening conditions;

* * * * * * *

(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

52

and has found it has reason to believe that the reporter knowingly made a false report.

* * * * * * *

(c) CITIZEN REVIEW PANELS.—

(1) * * *

* * * * * * *

(4) FUNCTIONS.— (A) IN GENERAL.—Each panel established pursuant to

paragraph (1) shall, by examining the øpolicies and procedures¿ policies, procedures, and practices of State and local

agencies and where appropriate, specific cases, evaluate

the extent to which the agencies are effectively discharging

their child protection responsibilities in accordance with— (i) * * *

* * * * * * *

(C) PUBLIC OUTREACH.—Each panel shall provide for

public outreach and comment in order to assess the impact

of current procedures and practices upon children and families in the community and in order to meet its obligations

under subparagraph (A).

* * * * * * *

(6) REPORTS.—Each panel established under paragraph (1)

shall prepare and make available to the State and public, on

an annual basis, a report containing a summary of the activities of the panel.

(d) ANNUAL STATE DATA REPORTS.—Each State to which a grant

is made under this section shall annually work with the Secretary

to provide, to the maximum extent practicable, a report that includes the following:

(1) * * *

* * * * * * *

(13) The annual report containing the summary of the activities of the citizen review panels of the State required by subsection (c)(6).

(14) The number of children under the care of the State child

protection system transferred into the custody of the State juvenile justice system.

* * * * * * *

SEC. ø107.¿ 116. GRANTS TO STATES FOR PROGRAMS RELATING TO

THE INVESTIGATION AND PROSECUTION OF CHILD

ABUSE AND NEGLECT CASES.

(a) GRANTS TO STATES.—The Secretary, in consultation with the

Attorney General, is authorized to make grants to the States for

the purpose of assisting States in developing, establishing, and operating programs designed to improve— (1) the handling of child abuse and neglect cases, particularly cases of child sexual abuse and exploitation, in a manner

which limits additional trauma to the child victim;

(2) the handling of cases of suspected child abuse or neglect

related fatalities; øand¿

53

(3) the investigation and prosecution of cases of child abuse

and neglect, particularly child sexual abuse and

exploitationø.¿; and

(4) the handling of cases involving children with disabilities

or serious health-related problems who are victims of abuse or

neglect.

(b) ELIGIBILITY REQUIREMENTS.—In order for a State to qualify

for assistance under this section, such State shall— (1) fulfill the requirements of section ø107(b)¿ 115(b);

* * * * * * *

(e) ADOPTION OF STATE TASK FORCE RECOMMENDATIONS.—

(1) GENERAL RULE.—Subject to the provisions of paragraph

(2), before a State receives assistance under this section, a

State shall adopt recommendations of the State task force in

each of the following categories—

(A) * * *

(B) experimental, model and demonstration programs for

testing innovative approaches and techniques which may

øimprove the rate of successful prosecution or enhance the

effectiveness of judicial and administrative action in child

abuse cases, particularly child sexual abuse cases¿ improve the prompt and successful resolution of civil and

criminal court proceedings or enhance the effectiveness of

judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation

cases, including the enhancement of performance of courtappointed attorneys and guardians ad litem for children,

and which also ensure procedural fairness to the accused;

and

* * * * * * *

SEC. ø108.¿ 117. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

(a) CONSTRUCTION OF FACILITIES.—

(1) RESTRICTION ON USE OF FUNDS.—Assistance provided

under this øAct¿ title may not be used for construction of facilities.

(2) LEASE, RENTAL, OR REPAIR.—The Secretary may authorize

the use of funds received under this øAct¿ title—

(A) where adequate facilities are not otherwise available,

for the lease or rental of facilities; or

(B) for the repair or minor remodeling or alteration of

existing facilities.

(b) GEOGRAPHICAL DISTRIBUTION.—The Secretary shall establish

criteria designed to achieve equitable distribution of assistance

under this øAct¿ title among the States, among geographic areas

of the Nation, and among rural and urban areas of the Nation. To

the extent possible, the Secretary shall ensure that the citizens of

each State receive assistance from at least one project under this

øAct¿ title.

(c) LIMITATION.—No funds appropriated for any grant or contract

pursuant to authorizations made in this øAct¿ title may be used for

any purpose other than that for which such funds were authorized

to be appropriated.

54

(d) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary should encourage all States and public and private agencies

or organizations that receive assistance under this title to ensure

that children and families with limited English proficiency who

participate in programs under this title are provided materials and

services under such programs in an appropriate language other

than English.

SEC. ø109.¿ 118. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS.

The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that

there is effective coordination among programs related to child

abuse and neglect under this øAct¿ title and other such programs

which are assisted by Federal funds.

SEC. ø110.¿ 119. REPORTS.

(a) * * *

(b) EFFECTIVENESS OF STATE PROGRAMS AND TECHNICAL ASSISTANCE.—Not later than two years after the first fiscal year for which

funds are obligated under section 1404A of the Victims of Crime

Act of 1984, the Secretary shall submit to the appropriate committees of Congress a report evaluating the effectiveness of assisted

programs in achieving the objectives of section ø107¿ 116.

(c) STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.—

(1) STUDY.—The Secretary shall conduct a study by random

sample on the effectiveness of the citizen review panels established under section 106(c).

(2) REPORT.—Not later than 3 years after the date of the enactment of Keeping Children and Families Safe Act of 2002, the

Secretary shall submit to the Committee on Education and the

Workforce of the House of Representatives and the Committee

on Health, Education, Labor and Pensions of the Senate a report that contains the results of the study conducted under

paragraph (1).

SEC. ø111.¿ 120. DEFINITIONS.

For purposes of this øtitle¿ subtitle—

(1) * * *

* * * * * * *

SEC. ø112.¿ 121. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—

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.¿

(1) GENERAL AUTHORIZATION.—There are authorized to be appropriated to carry out this subtitle $120,000,000 for fiscal year

2003 and such sums as may be necessary for each of the fiscal

years 2004 through 2007.

(2) DISCRETIONARY ACTIVITIES.—

(A) IN GENERAL.—Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make

available 30 percent of such amounts to fund discretionary

activities under this øtitle¿ subtitle.

55

(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 section

ø106¿ 115. (b) AVAILABILITY OF FUNDS WITHOUT FISCAL YEAR LIMITATION.— The Secretary shall ensure that funds appropriated pursuant to authorizations in this øtitle¿ subtitle shall remain available until expended for the purposes for which they were appropriated.

SEC. ø113.¿ 122. RULE OF CONSTRUCTION.

(a) IN GENERAL.—Nothing in this øAct¿ title shall be construed—

(1) * * *

* * * * * * *

øTITLE II—COMMUNITY-BASED FAMILY

RESOURCE AND SUPPORT GRANTS¿

Subtitle B—Community–Based Family Support Grants for the Prevention of Child

Abuse and Neglect

SEC. ø201.¿ 131. PURPOSE AND AUTHORITY.

(a) PURPOSE.—It is the purpose of this øtitle¿ subtitle—

(1) to support State efforts to develop, operate, expand and

enhance a network of community-based, øprevention-focused,¿

family resource and support programs for the prevention of

child abuse and neglect that coordinate resources among existing education, vocational rehabilitation, disability, respite care,

health, mental health, job readiness, self-sufficiency, child and

family development, community action, Head Start, child care,

child abuse and neglect prevention, juvenile justice, domestic

violence prevention and intervention, housing, and other

human service organizations within the State; and

(2) to foster an understanding, appreciation, and knowledge

of diverse populations in order to be effective in preventing and

treating child abuse and neglect.

(b) AUTHORITY.—The Secretary shall make grants under this

øtitle¿ subtitle on a formula basis to the entity designated by the

State as the lead entity (hereafter referred to in this øtitle¿ subtitle

as the ‘‘lead entity’’) under section ø202(1)¿ 132(1) for the purpose

of—

(1) developing, operating, expanding and enhancing øStatewide¿ statewide networks of community-based, øprevention-focused, family resource and support programs¿ family support

programs for the prevention of child abuse and neglect that— (A) * * *

* * * * * * *

(F) support the additional needs of families with children with disabilities through respite care and other services; øand¿

ø(G) decrease the risk of homelessness;¿

56

(G) demonstrate a commitment to meaningful parent

leadership, including among parents of children with disabilities, parents with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups;

(H) provide referrals to early health and developmental

services; or

(I) are accessible, effective, culturally appropriate, developmentally appropriate, and built upon existing strengths;

* * * * * * *

(3) financing the start-up, maintenance, expansion, or redesign of specific family resource and support program services

(such as respite care services, child abuse and neglect prevention activities, disability services, mental health services, housing services, transportation, adult education, home visiting and

other similar services) identified by the inventory and description of current services required under section ø205(a)(3)¿

134(a)(3) as an unmet need, and integrated with the network

of community-based family resource and support program to

the extent practicable given funding levels and community priorities;

(4) maximizing funding through leveraging of funds for the

financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management, reporting and evaluation costs for establishing, operating, or expanding a øStatewide¿ statewide network of community-based, øprevention-focused, family resource and support program¿ family support

programs for the prevention of child abuse and neglect; and

* * * * * * *

SEC. ø202.¿ 132. ELIGIBILITY.

A State shall be eligible for a grant under this øtitle¿ subtitle for

a fiscal year if—

(1)(A) the chief executive officer of the State has designated

a lead entity to administer funds under this øtitle¿ subtitle for

the purposes identified under the authority of this øtitle¿ subtitle, including to develop, implement, operate, enhance or expand a øStatewide¿ statewide network of community-based,

øprevention-focused, family resource and support programs,¿

family support programs for the prevention of child abuse and

neglect øprevention activities¿ and access to respite care services integrated with the Statewide network;

(B) such lead entity is an existing public, quasi-public, or

nonprofit private entity (which may be an entity that has not

been established pursuant to State legislation, executive order,

or any other written authority of the State) that exists to

strengthen and support families for purposes of preventing

child abuse and neglect and with a demonstrated ability to

work with other State and community-based agencies to provide training and technical assistance, and that has the capacity and commitment to ensure the meaningful involvement of

parents who are consumers and who can provide leadership in

the planning, implementation, and evaluation of programs and

57

policy decisions of the applicant agency in accomplishing the

desired outcomes for such efforts;

* * * * * * *

(D) in the case of a State that has designated a State trust

fund advisory board for purposes of administering funds under

this øtitle¿ subtitle (as such øtitle¿ subtitle was in effect on the

date of the enactment of the Child Abuse Prevention and

Treatment Act Amendments of 1996) and in which one or more

entities that leverage Federal, State, and private funds (as described in subparagraph (C)) exist, the chief executive officer

shall designate the lead entity only after full consideration of

the capacity and expertise of all entities desiring to be designated under subparagraph (A);

(2) the chief executive officer of the State provides assurances that the lead entity will provide or will be responsible for

providing— (A) a network of community-based øfamily resource and

support programs¿ family support programs for the prevention of child abuse and neglect composed of local, collaborative, public-private partnerships directed by interdisciplinary structures with balanced representation from

private and public sector members, parents, and public

and private nonprofit service providers and individuals

and organizations experienced in working in partnership

with families with children with disabilities and parents

with disabilities;

* * * * * * *

(3) the chief executive officer of the State provides assurances that the lead entity— (A) has a demonstrated commitment to parental participation in the development, operation, and oversight of the

øStatewide¿ statewide network of community-based, øprevention-focused, family resource and support programs¿

family support programs for the prevention of child abuse

and neglect;

(B) has a demonstrated ability to work with State and

community-based public and private nonprofit organizations to develop a continuum of preventive, family centered, comprehensive services for children and families

through the øStatewide¿ statewide network of communitybased, øprevention-focused, family resource and support

programs¿ family support programs for the prevention of

child abuse and neglect;

(C) has the capacity to provide operational support (both

financial and programmatic) and training øand technical

assistance¿, technical assistance, and evaluation assistance, to the øStatewide¿ statewide network of communitybased, øprevention-focused, family resource and support

programs¿ family support programs for the prevention of

child abuse and neglect, through innovative, interagency

funding and interdisciplinary service delivery mechanisms;

and

(D) will integrate its efforts with individuals and organizations experienced in working in partnership with famiVerDate 11-MAY-2000 15:19 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00057 Fmt 6659 Sfmt 6601 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
58

lies 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. ø203.¿ 133. AMOUNT OF GRANT.

(a) RESERVATION.—The Secretary shall reserve 1 percent of the

amount appropriated under section ø210¿ 139 for a fiscal year to

make allotments to Indian tribes and tribal organizations and migrant programs.

(b) REMAINING AMOUNTS.— (1) IN GENERAL.—The Secretary shall allot the amount appropriated under section ø210¿ 139 for a fiscal year and remaining after the reservation under subsection (a) among the

States as follows:

(A) * * *

(B) 30 percent of such amount appropriated shall be allotted among the States by allotting to each State an

amount that bears the same proportion to such amount appropriated 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.

* * * * * * *

øSEC. 204. EXISTING GRANTS.

ø(a) IN GENERAL.—Notwithstanding the enactment of the Child

Abuse Prevention and Treatment Act Amendments of 1996, a State

or entity that has a grant, contract, or cooperative agreement in effect, on the date of the enactment of such Act under any program

described in subsection (b), shall continue to receive funds under

such program, subject to the original terms under which such funds

were provided under the grant, through the end of the applicable

grant cycle.

ø(b) PROGRAMS DESCRIBED.—The programs described in this subsection are the following:

ø(1) The Community-Based Family Resource programs under

section 201 of this Act, as such section was in effect on the day

before the date of the enactment of the Child Abuse Prevention

and Treatment Act Amendments of 1996.

ø(2) The Family Support Center programs under subtitle F

of title VII of the Stewart B. McKinney Homeless Assistance

Act (42 U.S.C. 11481 et seq.), as such title was in effect on the

day before the date of the enactment of the Child Abuse Prevention and Treatment Act Amendments of 1996.

ø(3) The Emergency Child Abuse Prevention Services grant

program under section 107A of this Act, as such section was

in effect on the day before the date of the enactment of the

Human Services Amendments of 1994.

ø(4) Programs under the Temporary Child Care for Children

With Disabilities and Crisis Nurseries Act of 1986.¿

59

SEC. ø205.¿ 134. APPLICATION.

A grant may not be made to a State under this øtitle¿ subtitle

unless an application therefor is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of

section ø202¿ 132, including— (1) a description of the lead entity that will be responsible

for the administration of funds provided under this øtitle¿ subtitle and the oversight of programs funded through the øStatewide¿ statewide network of community-based, øprevention-focused, family resource and support programs¿ family support

programs for the prevention of child abuse and neglect which

meets the requirements of section ø202¿ 132;

(2) a description of how the network of community-based,

øprevention-focused, family resource and support programs¿

family support programs for the prevention of child abuse and

neglect will operate and how øfamily resource and support

services¿ family support services provided by public and private, nonprofit organizations, including those funded by programs consolidated under this Act, will be integrated into a developing continuum of family centered, holistic, preventive

services for children and families;

(3) øan assurance that an inventory of¿ a description of the

inventory of current unmet needs, current øfamily resource programs, respite care, child abuse and neglect prevention activities,¿ family support programs for the prevention of child abuse

and neglect, including respite care and other family resource

services operating in the State, and a description of current

unmet needsø, will be provided¿;

(4) a budget for the development, operation and expansion of

the State’s network of community-based, øprevention-focused,

family resource and support programs¿ family support programs for the prevention of child abuse and neglect that

verifies that the State will expend in non-Federal funds an

amount equal to not less than 20 percent of the amount received under this øtitle¿ subtitle (in cash, not in-kind) for activities under this øtitle¿ subtitle;

(5) an assurance that funds received under this øtitle¿ subtitle will supplement, not supplant, other State and local public

funds designated for start-up, maintenance, expansion, and redesigning the øStatewide¿ statewide network of communitybased, øprevention-focused, family resource and support programs¿ family support programs for the prevention of child

abuse and neglect;

* * * * * * *

(7) a description of the criteria that the entity will use to develop, or select and fund, øindividual community-based, prevention-focused, family resource and support programs¿ child

abuse and neglect prevention programs that are communitybased, including family support programs as part of network

development, expansion or enhancement;

(8) a description of outreach activities that the entity and the

community-based, øprevention-focused, family resource and

support programs¿ family support programs for the prevention

of child abuse and neglect will undertake to maximize the parVerDate 11-MAY-2000 15:19 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00059 Fmt 6659 Sfmt 6601 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
60

ticipation of racial and ethnic minorities, children and adults

with disabilities, homeless families and those at risk of homelessness, and members of other underserved or underrepresented groups;

(9) a plan for providing operational support, training and

technical assistance to community-based, øprevention-focused,

family resource and support programs¿ family support programs for the prevention of child abuse and neglect for development, operation, expansion and enhancement activities;

* * * * * * *

(11) a description of the actions that the applicant entity will

take to advocate systemic changes in State policies, practices,

procedures and regulations to improve the delivery of øprevention-focused, family resource and support program services¿

family support program services for the prevention of child

abuse and neglect to children and families; and

ø(13)¿ (12) an assurance that the applicant entity will provide the Secretary with reports at such time and containing

such information as the Secretary may require.

SEC. ø206.¿ 135. LOCAL PROGRAM REQUIREMENTS.

(a) IN GENERAL.—Grants made under this øtitle¿ subtitle shall

be used to develop, implement, operate, expand, network, and enhance community-based, øprevention-focused, family resource and

support programs¿ family support programs for the prevention of

child abuse and neglect that— (1) * * *

* * * * * * *

(3) provide— (A) core øfamily resource and support services¿ family

support services for the prevention of child abuse and neglect such as— (i) parent education, mutual support and self help,

and leadership services;

(ii) outreach services;

(iii) community and social service referrals; øand¿

(iv) follow-up services;

(v) respite care;

(vi) home visiting; and

(vii) family support services;

* * * * * * *

(6) participate with other community-based, øprevention-focused, family resource and support program¿ family support

programs for the prevention of child abuse and neglect grantees

in the development, operation and expansion of the øStatewide¿ statewide network.

(b) PRIORITY.—In awarding local grants under this øtitle¿ subtitle, a lead entity shall give priority to effective community-based

programs serving low income communities and those serving young

parents or parents with young children, including communitybased family resource and support programs.

SEC. ø207.¿ 136. PERFORMANCE MEASURES.

A State receiving a grant under this øtitle¿ subtitle, through reports provided to the Secretary—

61

(1) shall demonstrate the effective development, operation

and expansion of a øStatewide¿ statewide network of community-based, øprevention-focused, family resource and support

programs¿ family support programs for the prevention of child

abuse and neglect that meets the requirements of this øtitle¿

subtitle;

(2) shall supply an inventory and description of the services

provided to families by local programs that meet identified

community needsø, including core and optional services as described in section 202¿, such as the services described in section

135(a)(3)(A);

(3) shall demonstrate the establishmentø of new respite care

and other specific new family resources services, and the expansion of existing services,¿ and the maintenance, enhancement, or expansion of existing services such as those described

in section 135(a)(3)(A), to address unmet needs identified by

the inventory and description of current services required

under section ø205(3)¿ 134(3);

(4) shall describe the number of families served, including

families with children with disabilities, and parents with disabilities, and the involvement of a diverse representation of

families in the design, operation, and øevaluation of the Statewide network of community-based, prevention-focused, family

resource and support programs, and in the design, operation

and evaluation of the individual community-based family resource and support programs that are part of the Statewide

network funded under this title¿ evaluation of communitybased child abuse and neglect prevention programs;

(5) shall demonstrate a high level of satisfaction among families who have used the services of the community-based, øprevention-focused, family resource and support programs¿ family

support programs for the prevention of child abuse and neglect;

(6) shall demonstrate the establishment or maintenance of

innovative funding mechanisms, at the State or community

level, that blend Federal, State, local and private funds, and

innovative, interdisciplinary service delivery mechanisms, for

the development, operation, expansion and enhancement of the

øStatewide¿ statewide network of community-based, øprevention-focused, family resource and support programs¿ family

support programs for the prevention of child abuse and neglect;

* * * * * * *

(8) shall demonstrate an implementation plan to ensure the

continued leadership of parents in the on-going planning, implementation, and evaluation of such øcommunity based¿ community-based, øprevention-focused, family resource and support programs¿ family support programs for the prevention of

child abuse and neglect.

SEC. ø208.¿ 137. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY

RESOURCE PROGRAMS.

The Secretary may allocate such sums as may be necessary from

the amount provided under the State allotment to support the activities of the lead entity in the State—

(1) * * *

* * * * * * *

62

(3) to fund a yearly symposium on State system change efforts that result from the operation of the øStatewide¿ statewide networks of community-based, øprevention-focused, family resource and support programs¿ family support programs

for the prevention of child abuse and neglect;

* * * * * * *

SEC. ø209.¿ 138. DEFINITIONS.

For purposes of this title:

(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.

* * * * * * *

(3) FAMILY RESOURCE AND SUPPORT PROGRAM.—The term

‘‘family resource and support program’’ means a communitybasedø, prevention-focused¿ entity that—

(A) provides, through direct service, the øcore services¿

core child abuse and neglect prevention services required

under this title, including—

(i) parent education, support and leadership

servicesø, together with services¿ characterized by relationships between parents and professionals that are

based on øequality and respect, and¿ equality and respect that are designed to assist parents in acquiring

parenting skills, learning about child development,

and responding appropriately to the behavior of their

children in order to prevent child abuse and neglect;

(ii) services to facilitate the ability of parents to

serve as resources øto one another¿ for support of one

another (such as through mutual support and parent

self-help groups);

* * * * * * *

(C) provides access to optional services, directly or by

contract, purchase of service, or interagency agreement,

including—

(i) * * *

* * * * * * *

(iii) referral to education services, such as øscholastic¿ academic tutoring, literacy training, and General Educational Degree services;

* * * * * * *

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. 139. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subtitle

$80,000,000 for fiscal year 2003 and such sums as may be necessary

for each of the fiscal years 2004 through 2007.

63

TITLE II—OTHER CHILD ABUSE

PREVENTION AND RELATED PROGRAMS

Subtitle A—Adoption Opportunities

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘‘Adoption Opportunities Act of

2002’’.

* * * * * * *

Subtitle B—Abandoned Infants Assistance

SEC. 221. SHORT TITLE.

This subtitle may be cited as the ‘‘Abandoned Infants Assistance

Act of 2002’’.

* * * * * * *

[Section 135(a) of H.R. 3839 transfers and redesignates title II of the Child

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

as amended below, as subtitle A of title II of the Child Abuse Prevention

and Treatment Act.]

CHILD ABUSE PREVENTION AND TREATMENT AND

ADOPTION REFORM ACT OF 1978

* * * * * * *

øTITLE II—ADOPTION OPPORTUNITIES¿

SEC. ø201.¿ 202. 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¿ (1) children entering foster care have complex problems øwhich¿ that require intensive services;

ø(3) an increasing number of infants are born to mothers

who did not receive prenatal care, are born addicted to alcohol

and other drugs, and exposed to infection with the etiologic

agent for the human immunodeficiency virus, are medically

fragile, and technology dependent;¿

(2) many such children have special needs because they are

born to mothers who did not receive prenatal care, are born

with life-threatening conditions or disabilities, are born addicted to alcohol and other drugs, or have been exposed to infection with the etiologic agent for the human immunodeficiency

virus;

ø(4) the welfare of¿ (3) each year, thousands of children øin

institutions and foster homes and disabled infants with lifethreatening conditions may be in serious jeopardy and some

64

such children¿ are in need of placement in permanent, adoptive homes;

ø(5)¿ (4) many øthousands 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)¿ (5)(A) currently, ø40,000¿ children of all races and ages

are free for adoption and awaiting placement; and

(B) such children are typically school aged, in sibling groups,

have experienced neglect or abuse, or have a physical, mental,

or emotional disability; øand¿

ø(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;¿

ø(8)¿ (6) adoption may be the best alternative for assuring

the healthy development of such children;

ø(9)¿ (7) there are qualified persons seeking to adopt such

children who are unable to do so because of barriers to their

placement; and

ø(10)¿ (8) in order both to enhance the stability and love of

the child’s home environment and to avoid wasteful expenditures of public funds, such children should not have medically

indicated treatment withheld from them nor be maintained in

foster care or institutions when adoption is appropriate and

families can be found for such children.

(b) PURPOSE.—It is the purpose of øthis title¿ this subtitle to facilitate the elimination of barriers to adoption and to provide permanent and loving home environments for children who would benefit from adoption, particularly children with special needs, including disabled infants with life-threatening conditions, by providing

a mechanism to—

(1) * * *

* * * * * * *

øINFORMATION AND SERVICES¿

øSEC. 203. (a) The Secretary¿

SEC. 203. INFORMATION AND SERVICES.

(a) IN GENERAL.—The Secretary shall establish in the Department of Health and Human Services an appropriate administrative

arrangement to provide a centralized focus for planning and coordinating of all departmental activities affecting adoption and foster

care and for carrying out the provisions of øthis title¿ this subtitle.

The Secretary shall make available such consultant services, onsite technical assistance and personnel, together with appropriate

administrative expenses, including salaries and travel costs, as are

necessary for carrying out such purposes, including services to facilitate the adoption of children with special needs and particularly

of disabled infants with life-threatening conditions and services to

couples considering adoption of children with special needs.

(b) REQUIRED ACTIVITIES.—In connection with carrying out the

provisions of øthis title¿ this subtitle, the Secretary shall—

65

(1) * * *

* * * * * * *

ø(c)(1) The Secretary¿

(c) SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHIL- DREN.—

(1) IN GENERAL.—The Secretary shall provide (directly or by

grant to or contract with States, local government entities,

public or private nonprofit licensed child welfare or adoption

agencies or adoptive family groups) for the provision of post

legal adoption services for families who have adopted special

needs children.

ø(2) Services¿

(2) SERVICES.—Services provided under grants made under

this subsection shall supplement, not supplant, services from

any other funds available for the same general purposes,

including— (A) individual counseling;

(B) group counseling;

(C) family counseling;

(D) case management;

(E) training public agency adoption personnel, personnel

of private, nonprofit child welfare and adoption agencies licensed by the State to provide adoption services, mental

health services professionals, and other support personnel

to provide services under this subsection;

(F) assistance to adoptive parent organizations; 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 øcomponent which¿

component that outlines the innovations used to improve the

placement of special needs children who are legally free for

adoption, and the successes and failures of the initiative. The

evaluations will be submitted to the Secretary who will compile

the results of projects funded by this section and submit a report to the appropriate committees of Congress. The emphasis

of this program must focus on the improvement of the placement rate—not the aggregate number of special needs children

placed in permanent homes. The Secretary, when reviewing

grant applications shall give priority to grantees who propose

improvements designed to continue in the absence of Federal

funds.

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

66

State will use funds during the 3 fiscal years subsequent

to the date of the application to accomplish the purposes

of this section. Such application shall be in a form and

manner determined to be appropriate by the Secretary.

Each application shall include verification of the placements described in paragraph (1).

ø(B) The Secretary¿

(B) TECHNICAL AND OTHER ASSISTANCE.—The Secretary

shall provide, directly or by grant to or contract with public or private nonprofit agencies or organizations— (i) technical assistance and resource and referral information to assist State or local governments with

termination of parental rights issues, in recruiting and

retaining adoptive families, in the successful placement of children with special needs, and in the provision of pre- and post-placement services, including

post-legal adoption services; and

(ii) other assistance to help State and local governments replicate successful adoption-related projects

from other areas in the United States.

ø(3)(A) Payments¿

(3) PAYMENTS.— (A) IN GENERAL.—Payments under this subsection shall

begin during fiscal year 1989. Payments under this section

during any fiscal year shall not exceed $1,000,000. No payment may be made under this subsection unless an

amount in excess of $5,000,000 is appropriated for such

fiscal year under section 205(a).

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.

øSTUDY OF UNLICENSED ADOPTION PLACEMENTS

øSEC. 204. The Secretary shall provide for a study (the results

of which shall be reported to the appropriate committees of the

Congress not later than eighteen months after the date of enactment of this Act) designed to determine the nature, scope, and effects of the interstate (and, to the extent feasible, intrastate) placement of children in adoptive homes (not including the homes of

stepparents or relatives of the child in question) by persons or

agencies which are not licensed by or subject to regulation by any

governmental entity.¿

SEC. 204. STUDY AND REPORT ON DYNAMICS OF SUCCESSFUL ADOPTION.

The Secretary shall conduct research (directly or by grant to, or

contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those

outcomes. The Secretary shall submit a report containing the results

of such research to the appropriate committees of the Congress not

later than the date that is 36 months after the date of the enactment

of the Keeping Children and Families Safe Act of 2002.

67

øAUTHORIZATION OF APPROPRIATIONS

øSEC. 205. (a) There are authorized to be appropriated,

$20,000,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001 to carry out

programs and activities authorized.¿

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated

$40,000,000 for fiscal year 2003 and such sums as may be necessary

for fiscal years 2004 through 2007 to carry out programs and activities authorized under this subtitle.

(b) AVAILABILITY.—The Secretary shall ensure that funds appropriated pursuant to authorizations in this Act shall remain available until expended for the purposes for which they were appropriated.

[Section 145(b) of H.R. 3839 transfers and redesignates the Abandoned Infants Assistance Act of 1988, as amended below, as subtitle B of title II

of the Child Abuse Prevention and Treatment Act.]

ABANDONED INFANTS ASSISTANCE ACT OF 1988

øSECTION 1. SHORT TITLE.

øThis Act may be cited as the ‘‘Abandoned Infants Assistance Act

of 1988’’.¿

SEC. ø2.¿ 222. 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;

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;¿

68

(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(8)¿ (5) such infants and young children are particularly

difficult to place in foster homes, and are being abandoned in

hospitals in increasing numbers by mothers dying of acquired

immune deficiency syndrome, by parents abusing drugs, or by

parents incapable of providing adequate care;

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) 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) there is a need for the development of funding strategies that coordinate and make the optimal use of all private resources, and Federal, State, and local resources, to establish

and maintain such services.¿

(7) Private, Federal, State, and local resources should be coordinated to establish and maintain such services and to ensure

the optimal use of all such resources.

øTITLE I—PROJECTS REGARDING

ABANDONMENT OF INFANTS AND

YOUNG CHILDREN IN HOSPITALS¿

øSEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION

PROJECTS.¿

SEC. 223. ESTABLISHMENT OF LOCAL PROGRAMS.

(a) * * *

ø(b) PRIORITY IN PROVISION OF SERVICES.—The Secretary may

not make a grant under subsection (a) unless the applicant for the

grant agrees that, in carrying out the purpose described in subsection (a) (other than with respect to paragraph (6) of such subsection), the applicant will give priority to abandoned infants and

young children—

ø(1) who are infected with the human immunodeficiency

virus or who have been perinatally exposed to the virus; or

ø(2) who have been perinatally exposed to a dangerous

drug.¿

69

(b) PRIORITY IN PROVISION OF SERVICES.—The Secretary may not

make a grant under subsection (a) unless the applicant for the grant

agrees to give priority to abandoned infants and young children

who—(1) are infected with, or have been perinatally exposed to, the

human immunodeficiency virus, or have a life-threatening illness or other special medical need; or

(2) have been perinatally exposed to a dangerous drug.

* * * * * * *

(d) ADMINISTRATION OF GRANT.—

ø(1) The Secretary¿ (1) IN GENERAL.—The Secretary may not

make a grant under subsection (a) unless the applicant for the

grant agrees—

(A) * * *

* * * * * * *

(D) that if, øduring the majority of the 180-day period

preceding the date of the enactment of this Act,¿ during

the majority of the 180-day period preceding the date of the

enactment of the Keeping Children and Families Safe Act

of 2002, the applicant has carried out any program with

respect to the care of abandoned infants and young children, the applicant will expend the grant only for the purpose of significantly expanding, in accordance with subsection (a), activities under such program above the level

provided under such program during the majority of such

period.

ø(2) Subject¿ (2) DURATION OF GRANTS.—Subject to the availability of amounts made available in appropriations Acts for

the fiscal year involved, the duration of a grant under subsection (a) shall be for a period of 3 years, except that the

Secretary— (A) * * *

* * * * * * *

øSEC. 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) DISSEMINATION OF INFORMATION TO INDIVIDUALS WITH SPECIAL NEEDS.—

ø(1)(A) The Secretary may enter into contracts or cooperative

agreements with public or nonprofit private entities for the development and operation of model projects to disseminate the

information described in subparagraph (B) to individuals who

are disproportionately at risk of dysfunctional behaviors that

lead to the abandonment of infants or young children.

ø(B) The information referred to in subparagraph (A) is information on the availability to individuals described in such

subparagraph, and the families of the individuals, of financial

assistance and services under Federal, State, local, and private

programs providing health services, mental health services,

70

educational services, housing services, social services, or other

appropriate services.

ø(2) The Secretary may not provide a contract or cooperative

agreement under paragraph (1) to an entity unless— ø(A) the entity has demonstrated expertise in the functions with respect to which such financial assistance is to

be provided; and

ø(B) the entity agrees that in disseminating information

on programs described in such paragraph, the entity will

give priority— ø(i) to providing the information to individuals described in such paragraph who— ø(I) engage in the abuse of alcohol or drugs, who

are infected with the human immunodeficiency

virus, or who have limited proficiency in speaking

the English language; or

ø(II) have been historically underserved in the

provision of the information; and

ø(ii) to providing information on programs that are

operated in the geographic area in which the individuals involved reside and that will assist in eliminating

or reducing the extent of behaviors described in such

paragraph.

ø(3) In providing contracts and cooperative agreements

under paragraph (1), the Secretary may not provide more than

1 such contract or agreement with respect to any geographic

area.

ø(4) Subject to the availability of amounts made available in

appropriations Acts for the fiscal year involved, the duration of

a contract or cooperative agreement under paragraph (1) shall

be for a period of 3 years, except that the Secretary may terminate such financial assistance if the Secretary determines that

the entity involved has substantially failed to comply with the

agreements required as a condition of the provision of the assistance.

ø(c) 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 and young children who are infants and young children described in section 101(b); 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) Not later than April 1, 1992, the Secretary shall complete the study required in paragraph (1) and submit to the

Congress a report describing the findings made as a result of

the study.

ø(d) 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.

71

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.

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 drug’’ means a controlled substance, as defined in section 102 of the Controlled Substances

Act.

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. 224. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

(a) EVALUATIONS OF LOCAL PROGRAMS.—The Secretary shall, directly or through contracts with public and nonprofit private entities, provide for evaluations of projects carried out under section 101

and for the dissemination of information developed as a result of

such projects.

(b) STUDY AND REPORT ON NUMBER OF ABANDONED INFANTS AND

YOUNG CHILDREN.—

(1) IN GENERAL.—The Secretary shall conduct a study for the

purpose of determining—

(A) an estimate of the annual number of infants and

young children relinquished, abandoned, or found dead in

the United States and the number of such infants and

young children who are infants and young children described in section 223(b);

(B) an estimate of the annual number of infants and

young children who are victims of homicide;

(C) characteristics and demographics of parents who

have abandoned an infant within 1 year of the infant’s

birth; and

(D) an estimate of the annual costs incurred by the Federal Government and by State and local governments in

providing housing and care for abandoned infants and

young children.

(2) DEADLINE.—Not later than 36 months after the date of the

enactment of the Keeping Children and Families Safe Act of

2002, the Secretary shall complete the study required under

paragraph (1) and submit to the Congress a report describing

the findings made as a result of the study.

(c) EVALUATION.—The Secretary shall evaluate and report on effective methods of intervening before the abandonment of an infant

or young child so as to prevent such abandonments, and effective

methods for responding to the needs of abandoned infants and

young children.

72

SEC. 225. DEFINITIONS.

For purposes of this subtitle:

(1) The terms ‘‘abandoned’’ and ‘‘abandonment’’, with respect

to infants and young children, mean that the infants and young

children are medically cleared for discharge from acute-care

hospital settings, but remain hospitalized because of a lack of

appropriate out-of-hospital placement alternatives.

(2) The term ‘‘acquired immune deficiency syndrome’’ includes

infection with the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic

agent, and any condition arising from such etiologic agent.

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

as defined in section 102 of the Controlled Substances Act.

(4) The term ‘‘natural family’’ shall be broadly interpreted to

include natural parents, grandparents, family members, guardians, children residing in the household, and individuals residing in the household on a continuing basis who are in a 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. ø104.¿ 226. 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.

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).

ø(b) DISSEMINATION OF INFORMATION FOR INDIVIDUALS WITH SPECIAL NEEDS.—For the purpose of carrying out section 102(b), there

is authorized to be appropriated $5,000,000 for each of the fiscal

years 1992 through 1995.¿

(a) IN GENERAL.—

(1) AUTHORIZATION.—For the purpose of carrying out this

subtitle, there are authorized to be appropriated $45,000,000 for

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

years 2004 through 2007.

(2) LIMITATION.—Not more than 5 percent of the amounts appropriate under paragraph (1) for any fiscal year may be obligated for carrying out section 224(a).

ø(c)¿ (b) ADMINISTRATIVE EXPENSES.—

73

(1) AUTHORIZATION.—For the purpose of the administration

of øthis title¿ this subtitle by the Secretary, there is authorized

to be appropriated for each fiscal year specified in subsection

(a)(1) an amount equal to 5 percent of the amount authorized

in such subsection to be appropriated for the fiscal year. With

respect to the amounts appropriated under such subsection,

the preceding sentence may not be construed to prohibit the

expenditure of the amounts for the purpose described in such

sentence.

(2) LIMITATION.—The Secretary may not obligate any of the

amounts appropriated under paragraph (1) for a fiscal year unless, from the amounts appropriated under subsection (a)(1) for

the fiscal year, the Secretary has obligated for the purpose described in such paragraph an amount equal to the amounts obligated by the Secretary for such purpose in øfiscal year 1991.¿

fiscal year 2002.

ø(d)¿ (c) AVAILABILITY OF FUNDS.—Amounts appropriated under

this section shall remain available until expended.

øTITLE II—MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED

IMMUNE DEFICIENCY SYNDROME

øSEC. 201. STUDY AND REPORT ON ASSISTANCE.

ø(a) STUDY.—The Secretary shall conduct a study for the purpose

of—

ø(1) determining cost-effective methods for providing assistance to individuals for the medical costs of treatment of conditions arising from infection with the etiologic agent for acquired immune deficiency syndrome, including determining the

feasibility of risk-pool health insurance for individuals at risk

of such infection;

ø(2) determining the extent to which Federal payments

under title XIX of the Social Security Act are being expended

for medical costs described in paragraph (1); and

ø(3) providing an estimate of the extent to which such Federal payments will be expended for such medical costs during

the 5-year period beginning on the date of the enactment of

this Act.

ø(b) REPORT.—The Secretary shall, not later than 12 months

after the date of the enactment of this Act, complete the study required in subsection (a) and submit to the Committee on Energy

and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the findings made as a result of the study.

øTITLE III—GENERAL PROVISIONS

øSEC. 301. DEFINITIONS.

øFor purposes of this Act:

ø(1) The term ‘‘acquired immune deficiency syndrome’’ includes infection with the etiologic agent for such syndrome, any

condition indicating that an individual is infected with such

74

etiologic agent, and any condition arising from such etiologic

agent.

ø(2) The term ‘‘Secretary’’ means the Secretary of Health and

Human Services.¿

SECTION 421 OF THE DOMESTIC VOLUNTEER SERVICE

ACT OF 1973

DEFINITIONS

SEC. 421. For the purposes of this Act— (1) * * *

* * * * * * *

(7) the term ‘‘boarder baby’’ means an infant described in

øsection 103 of the Abandoned Infants Assistance Act of 1988

(Public Law 100–505; 42 U.S.C. 670 note);¿ section 225(1) of

the Abandoned Infants Assistance Act of 2002;

* * * * * * *

FAMILY VIOLENCE PREVENTION AND SERVICES ACT

* * * * * * *

DECLARATION OF PURPOSE

SEC. 302. It is the purpose of this title to— (1) 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) * * *

(2) No grant may be made under this subsection unless the chief

executive officer of the State seeking such grant submits an application to the Secretary at such time and in such manner as the

Secretary may reasonably require. Each such application shall—

(A) * * *

(B) provide, with respect to funds provided to a State under

this subsection for any fiscal year, that—

(i) not more than ø5¿ 2 percent of such funds will be

used for State administrative costs; and

* * * * * * *

(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 underserved populations, inVerDate 11-MAY-2000 15:19 Apr 15, 2002 Jkt 099006 PO 00000 Frm 00074 Fmt 6659 Sfmt 6601 E:\HR\OC\HR403.XXX pfrm01 PsN: HR403
75

cluding populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation;

* * * * * * *

(F) provide documentation to the Secretary that the State

has a law or procedure that has been implemented for the eviction of an abusing spouse from a share household; and

* * * * * * *

(4) Upon completion of the activities funded by a grant under

this subpart, the State grantee shall file a performance report with

the Director explaining the activities carried out together with an

assessment of the effectiveness of those activities in achieving the

purposes of this subpart. A section of this performance report shall

be completed by each grantee or subgrantee that performed the direct services contemplated in the application certifying performance

of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an

annual performance report or if the funds are expended for purposes other than those set forth under this subpart, after following

the procedures set forth in paragraph (3). Federal funds may be

used only to supplement, not supplant, State funds.

(b)(1) The Secretary, from amounts appropriated to carry out this

section, shall make available not less than 10 percent of such

amounts to make grants to Indian tribes, tribal organizations and

nonprofit private organizations approved by an Indian Tribe for the

operation of a family violence shelter on a Reservation for projects

designed to prevent family violence and to provide immediate shelter and related assistance for victims of family violence and their

dependents. Not more than 2 percent of amounts made available for

a fiscal year to make grants under the preceding sentence may be

used for administrative costs with respect to such grants.

* * * * * * *

SECRETARIAL RESPONSIBILITIES

SEC. 305. (a) * * *

(b) The Secretary shall—

(1) * * *

(2)(A) øprovide for research, and into¿ provide for research

into the most effective prevention, identification, and treatment thereof (such as research into (i) the effectiveness of reducing repeated incidents of family violence through a variety

of sentencing alternatives, such as incarceration, fines, and

counseling programs, individually or in combination, and

through the use of civil protection orders removing the abuser

from the family household, (ii) the necessity and impact of a

mandatory reporting requirement relating to incidents of family violence, particularly abuse of elderly persons), (iii) the effectiveness of providing safety and support to maternal and

child victims of family violence as a way to eliminate the abuse

experienced by children in such situations, (iv) identification of

intervention approaches to child abuse prevention services

which appear to be successful in preventing child abuse where

both mother and child are abused, (v) effective and appropriate

treatment services for children where both mother and child

76

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,¿

Every two years the Secretary shall review, evaluate, and report to

the appropriate Committees of the Congress, as to the effectiveness

of the programs administered and operated pursuant to this title,

particularly in relation to repeated incidents of family violence.

Such report shall also include a summary of the documentation

provided to the Secretary under section 303(a)(2)(B) through

303(a)(2)(F).

* * * * * * *

SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

(a) * * *

* * * * * * *

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 are authorized to be appropriated to

carry out this title $175,000,000 for each of the fiscal years 2003

through 2007.

* * * * * * *

SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

(a) IN GENERAL.—The Secretary shall award grants for the funding of State domestic violence coalitions. Such coalitions shall further the purposes of domestic violence intervention and prevention

through activities, including—

(1) * * *

(2) working with judicial and law enforcement agencies to

encourage appropriate responses to domestic violence cases

and examine issues including—

77

(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) the inappropriateness of mutual protection orders;

* * * * * * *

(D) the use of training and technical assistance for family law judges, criminal court judges, and court personnel;

* * * * * * *

(H) the implementation of øsupervised visitations that

do not endanger victims and their children¿ supervised

visitations or denial of visitation to protect against danger

to victims or their children; and

* * * * * * *

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.

* * * * * * *

SEC. 313. The Secretary shall, directly or by grant or contract—

(1) develop data øon the individual develop data¿ on the

number of victims of family violence and their dependents who

are homeless or institutionalized as a result of the violence and

abuse they have experienced;

* * * * * * *

SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC VIOLENCE INTERVENTION.

(a) * * *

(b) DESIGNATION AS MODEL STATE.—To be designated as a model

State under subsection (a), a State shall have in effect—

(1) * * *

* * * * * * *

(3) statewide prosecution policies that—

78

(A) authorize and encourage prosecutors to pursue cases

where a criminal case can be proved, including proceeding

without the active involvement of the victim if necessary;

øand¿

* * * * * * *

SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

(a) * * *

(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 as the Secretary may prescribe; and

(B) the report and other appropriate criteria indicate that

the entity is successfully operating the hotline in accordance

with subsection (a).

* * * * * * *

(f) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated to

carry out this section $2,000,000 for each of øfiscal years 2001

through 2005¿ fiscal years 2003 through 2007.

* * * * * * *

SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

(a) * * *

* * * * * * *

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 are authorized to

be appropriated to carry out this section $6,000,000 for each of the

fiscal years 2003 through 2007.

SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

(a) * * *

* * * * * * *

(d) REPORTS.—

(1) * * *

(2) REPORT TO CONGRESS.—The Secretary shall annually prepare and submit to the Committee on the Judiciary of the

House of Representatives and the Committee on the Judiciary

79

of the Senate a report that contains a compilation of the information contained in reports submitted under paragraph (1).

* * * * * * *

(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to carry out this section $25,000,000 for øfiscal

year 2001¿ each of the fiscal years 2003 through 2007.

(80)

ADDITIONAL MINORITY VIEWS

Protecting children from harm

When asked about the balance between protecting children and

protecting ‘‘parents’ rights’’ in a Subcommittee hearing on October

17, 2001. Assistant Secretary of HHS, Wade Horn, responded that

a delicate balance was necessary and that within the context of

CAPTA, ‘‘the balance was adequate.’’ Despite Dr. Horn’s expressed satisfaction on this issue, the Majority insisted on pursuing the matter within CAPTA reauthorization. Based on individual case studies, the Majority seems to believe that child protective systems routinely and aggressively personnel ignore ‘‘parental rights’’ in investigating potential cases of

child abuse of neglect. However, evidence for this assertion is lacking.

Moreover, the Minority is greatly concerned that more child

abuse and child deaths could result with inappropriate emphasis

on protecting the ‘‘rights’’ of parents over the rights of children not

to be abused, neglected or murdered. The Minority believes that

improved caseworker training and oversight is critically important

to the safety of our country’s children and the well-being of our

country’s families, and that the appropriate way to address the Majority’s concerns is through more resources for training and case

management of child protective service personnel rather than prescriptive declarations from the federal government about what

caseworkers should or should not say in their investigations of

child abuse and neglect. The Minority believes greater emphasis

should be placed on supporting best practices to ensure the safety

of children and promote collaboration between the child protective

services and the families where appropriate from the beginning of

the investigation through treatment.

In an effort to negotiate a bipartisan bill, the Minority worked

with the Majority to develop language that might address the Majority’s wishes without compromising the safety of children. The result of the complicated and contentious negotiations was an agreement on a provision which requires states to have policies and procedures that require social workers, at the initial time of contact,

to advise an individual who are the subject to a child abuse and

neglect investigation, of the complaints or allegations made against

them. The agreed upon goal of this provision is for caseworkers to

inform individuals being investigated for child maltreatment of the

types of allegation being made.

Child protective service personnel are currently trained to disclose whether a parent (for example) is suspected of physical abuse

versus sexual abuse versus neglect. The agreed upon provisions

clarifies existing practice. However, the Minority firmly opposes

broader or more prescriptive interpretation of this provision. We

believe that federally legislating prescriptive restrictions on what

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these personnel are allowed to say or do during investigations

could greatly compromise the rights and safety of children. It was

not the intent of Minority, nor was it the agreed upon intent of the

Majority, for this provision to lead to caseworkers revealing information that could advertently or inadvertently provide identifying

information that may reveal the source of such allegation or compromise the investigation. And importantly, the Minority would

like to emphasize that this provision does not require or suggest

that caseworkers should or must convey any information that could

compromise the safety of the child.

We believe that the Majority’s report on the reauthorization of

CAPTA overemphasizes the extent to which parental rights are violated or inappropriately treated within the child protective system,

misrepresents the frequency in which this happens and the extent

empirical evidence on this issue, goes beyond the agreed upon intent within our negotiations, and thus does not represent the Minority’s views. We know of no valid, scientifically sound studies and

no data to suggest widespread inappropriately ‘‘aggressive’’ investigations by child protective services personnel. In fact, discussions

with practitioners and recognized experts in the field of child welfare contradict the claim that parental rights are frequently violated by child protective service systems. In sum, we believe the

views expressed in the report’s ‘‘Protecting Individual Rights’’ section go beyond the agreed upon intent of the relevant provisions

ion CAPTA, distort what is known about this issue, defy model professional practice, and could potentially detrimentally tip the balance, referred to by Dr. Horn, in a manner that would lead to

greater harm to children.

Improving child protective services for children with disabilities and

health problems

There are approximately three million reports of child abuse

every year. Of these 3 million, 1 million are substantiated. It is estimated that children with disabilities are almost four times more

likely to be victims of abuse and neglect than children without disabilities. A 1993 study by the Office of Child Abuse and Neglect

found that 36 percent of the substantiated cases of child maltreatment, or about 300,000 children, caused disabilities in those children. Near-fatal child maltreatment leaves 18,000 children permanently disabled each year. Identification and treatment of the medical, development and mental health problems of children have

been shown to decrease the amount of time a child spends in out

of home placement and increase chances for a stable living situation. Unfortunately, less than half of the children who are abused

or neglected receive any services at all.

To address these gaps in service, the bill requires the state child

welfare system to develop policies and procedures involving abused

or neglected children under the age of 3 to be referred to the statewide early intervention system funded under Part C of the Individuals with Disabilities Education Act. Such policies and procedures

will ensure that abused children can access the early intervention

services and supports for which they are eligible. Such services will

help these children learn, grow and thus enter school ready to

learn.

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Related to this issue is the importance of health screenings and

treatment for children who are victims of child abuse and neglect.

Children in the child welfare system are at higher risk for health

problems than other children for a variety of reasons, including

risks for child maltreatment are also risks of child health problems

and because child abuse often causes disabilities. Appropriate

health and development evaluations and treatment can greatly influence healthy child development and can affect treatment and

family preservation, such as preventing the need for out-of-home

placements. A 1995 GAO study concluded that systemic and direct

service barriers prevent many children in the welfare system from

receiving adequate health care. H.R. 3989 takes many steps to help

states address this problem and improve services for victims of

child abuse and neglect by promoting linkages between child protection and health care (including mental health) agencies.

Improving the child protective service system (CPS) infrastructure

H.R. 3839 recognizes that CAPTA can fill an important role in

the federal response to protecting children and preventing child

maltreatment. To this end, H.R. 3839 adds to the permitted uses

of the basic state grants to enable states to improve their CPS systems, through CAPTA grant support, in a variety of activities essential to a responsive, efficient and appropriate protective service

system. In addition to the purposes for basic state grants in current

law which address CPS improvements, H.R. 3839 allows CAPTA

funds to be available to address the following issues:

CPS staffing: to improve upon the supervision of casework in

CPS; to enhance the recruitment and retention of child protection

workers; and to promote training for child protective service work.

Case management: to promote on-going case monitoring and

service delivery; to enhance the ability to assess cases; to improve

upon the management of case information; and to help states develop better databases for information.

Linkages: to promote partnerships between CPS and private,

community-based services; and to develop connections with health,

education and juvenile justice services to better serve abused and

neglected children.

Public education: to improve upon the public’s understanding

about the role and responsibilities of CPS; and to inform the public

about appropriate reporting of suspected incidents of child maltreatment.

Our nation’s current system of protecting children is heavily

weighted toward protecting children who have been so seriously

maltreated they are no longer safe at home and must be placed in

foster care or adoptive homes. These are children whose safety is

in danger; they demand our immediate attention. Unfortunately,

far less attention is directed at preventing harm to these children

from happening in the first place, or providing the appropriate

services and treatment needed by families and children victimized

by abuse or neglect. Through the changes made by H.R. 3839,

CAPTA can serve to assist in the improvement of the CPS infrastructure. Through the CAPTA basic state grant program, the federal government has the opportunity to step up to a leadership role

in providing support for the CPS system infrastructure and to

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begin to rectify the imbalance in the federal government’s response

to the abuse and neglect of children.

GEORGE MILLER.

TIM ROEMER.

ROBERT ANDREWS.

MAJOR OWENS.

BETTY MCCOLLUM.

RUSH HOLT.

HILDA SOLIS.

RON KIND.

PATSY MINK.

REUBEN HINOJOSA.

DONALD PAYNE.

LYNN WOOLSEY.

DAVID WU.

DALE KILDEE.

CAROLYN MCCARTHY.

DENNIS KUCINICH.

JOHN TIERNEY.

BOBBY SCOTT.

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