II 

112TH CONGRESS 

1ST SESSION S. 1667 

To require certain standards and enforcement provisions to prevent child 

abuse and neglect in residential programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 6, 2011 

Mr. HARKIN introduced the following bill; which was read twice and referred 

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

A BILL 

To require certain standards and enforcement provisions to 

prevent child abuse and neglect in residential programs, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Child Abuse in 

5 Residential Programs for Teens Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSISTANT SECRETARY.—The term ‘‘Assist9 ant Secretary’’ means the Assistant Secretary for 


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1 Children and Families of the Department of Health 

2 and Human Services. 

3 (2) CHILD.—The term ‘‘child’’ means an indi4 vidual who has not attained the age of 18. 

5 (3) CHILD ABUSE AND NEGLECT.—The term 

6 ‘‘child abuse and neglect’’ has the meaning given 

7 such term in section 3 of the Child Abuse Preven8 tion and Treatment Act (42 U.S.C. 5101 note). 

9 (4) COVERED PROGRAM.— 

10 (A) IN GENERAL.—The term ‘‘covered pro11 gram’’ means each location of a program oper12 ated by a public or private entity that, with re13 spect to one or more children who are unrelated 

14 to the owner or operator of the program— 

15 (i) provides a residential environment, 

16 such as— 

17 (I) a program with a wilderness 

18 or outdoor experience, expedition, or 

19 intervention; 

20 (II) a boot camp experience or 

21 other experience designed to simulate 

22 characteristics of basic military train23 ing or correctional regimes; 

24 (III) a therapeutic boarding 

25 school; or 


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1 (IV) a behavioral modification 

2 program; and 

3 (ii) operates with a focus on serving 

4 children with— 

5 (I) emotional, behavioral, or men6 tal health problems or disorders; or 

7 (II) problems with alcohol or sub8 stance abuse. 

9 (B) EXCLUSION.—The term ‘‘covered pro10 gram’’ does not include— 

11 (i) a hospital licensed by the State; or 

12 (ii) a foster family home that provides 

13 24-hour substitute care for children placed 

14 away from their parents or guardians and 

15 for whom the State child welfare services 

16 agency has placement and care responsi17 bility and that is licensed and regulated by 

18 the State as a foster family home. 

19 (5) PROTECTION AND ADVOCACY SYSTEM.—The 

20 term ‘‘protection and advocacy system’’ means a 

21 protection and advocacy system established under 

22 section 143 of the Developmental Disabilities Assist23 ance and Bill of Rights Act of 2000 (42 U.S.C. 

24 15043). 


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1 (6) STATE.—The term ‘‘State’’ has the mean2 ing given such term in section 3 of the Child Abuse 

3 Prevention and Treatment Act (42 U.S.C. 5101 

4 note). 

5 SEC. 3. STANDARDS AND ENFORCEMENT. 

6 (a) MINIMUM STANDARDS.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, the As9 sistant Secretary for Children and Families of the 

10 Department of Health and Human Services shall re11 quire each covered program, in order to provide for 

12 the basic health and safety of children at such a pro13 gram, to meet the following minimum standards: 

14 (A) Child abuse and neglect shall be pro15 hibited. 

16 (B) Disciplinary techniques or other prac17 tices that involve the withholding of essential 

18 food, water, clothing, shelter, or medical care 

19 necessary to maintain physical health, mental 

20 health, and general safety, shall be prohibited. 

21 (C) The protection and promotion of the 

22 right of each child at such a program to be free 

23 from physical, chemical, and mechanical re24 straints and seclusion (as such terms are de25 fined in section 595 of the Public Health ServVerDate Mar 15 2010 22:34 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1667.IS S1667

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1 ice Act (42 U.S.C. 290jj)) to the same extent 

2 and in the same manner as a non-medical, com3 munity-based facility for children and youth is 

4 required to protect and promote the right of its 

5 residents to be free from such restraints and se6 clusion under such section 595, including the 

7 prohibitions and limitations described in sub8 section (b)(3) of such section. 

9 (D) Acts of physical or mental abuse de10 signed to humiliate, degrade, or undermine a 

11 child’s self-respect shall be prohibited. 

12 (E) Each child at such a program shall 

13 have reasonable access to a telephone, and be 

14 informed of their right to such access, for mak15 ing and receiving phone calls with as much pri16 vacy as possible, and shall have access to the 

17 appropriate State or local child abuse reporting 

18 hotline number, and the national hotline num19 ber referred to in subsection (c)(2). 

20 (F) Each staff member, including volun21 teers, at such a program shall be required, as 

22 a condition of employment, to become familiar 

23 with what constitutes child abuse and neglect, 

24 as defined by State law. 


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1 (G) Each staff member, including volun2 teers, at such a program shall be required, as 

3 a condition of employment, to become familiar 

4 with the requirements, including with State law 

5 relating to mandated reporters, and procedures 

6 for reporting child abuse and neglect in the 

7 State in which such a program is located. 

8 (H) Full disclosure, in writing, of staff 

9 qualifications and their roles and responsibil10 ities at such program, including medical, emer11 gency response, and mental health training, to 

12 parents or legal guardians of children at such 

13 a program, including providing information on 

14 any staff changes, including changes to any 

15 staff member’s qualifications, roles, or respon16 sibilities, not later than 10 days after such 

17 changes occur. 

18 (I) Each staff member at a covered pro19 gram described in subclause (I) or (II) of sec20 tion 2(4)(A)(i) shall be required, as a condition 

21 of employment, to be familiar with the signs, 

22 symptoms, and appropriate responses associated 

23 with heatstroke, dehydration, and hypothermia. 

24 (J) Each staff member, including volun25 teers with unsupervised contact with children 


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1 and youth, or more than 30 hours of supervised 

2 contact time per year, shall be required, as a 

3 condition of employment, to submit to a crimi4 nal history check, including a name-based 

5 search of the National Sex Offender Registry 

6 established pursuant to the Adam Walsh Child 

7 Protection and Safety Act of 2006 (Public Law 

8 109–248; 42 U.S.C. 16901 et seq.), a search of 

9 the State criminal registry or repository in the 

10 State in which the covered program is oper11 ating, and a Federal Bureau of Investigation 

12 fingerprint check. An individual shall be ineli13 gible to serve in a position with any contact 

14 with children at a covered program if any such 

15 record check reveals a felony conviction for 

16 child abuse or neglect, spousal abuse, a crime 

17 against children (including child pornography), 

18 or a crime involving violence, including rape, 

19 sexual assault, or homicide, but not including 

20 other physical assault or battery. 

21 (K) Policies and procedures for the provi22 sion of emergency medical care, including poli23 cies for staff protocols for implementing emer24 gency responses. 


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1 (L) All promotional and informational ma2 terials produced by such a program shall in3 clude a hyperlink to or the URL address of the 

4 Web site created by the Assistant Secretary 

5 pursuant to subsection (c)(1)(A). 

6 (M) Policies to require parents or legal 

7 guardians of a child attending such a pro8 gram— 

9 (i) to notify, in writing, such program 

10 of any medication the child is taking; 

11 (ii) to be notified within 24 hours of 

12 any changes to the child’s medical treat13 ment and the reason for such change; and 

14 (iii) to be notified within 24 hours of 

15 any missed dosage of prescribed medica16 tion. 

17 (N) Procedures for notifying immediately, 

18 to the maximum extent practicable, but not 

19 later than within 48 hours, parents or legal 

20 guardians with children at such a program of 

21 any— 

22 (i) on-site investigation of a report of 

23 child abuse and neglect; 

24 (ii) violation of the health and safety 

25 standards described in this paragraph; and 


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1 (iii) violation of State licensing stand2 ards developed pursuant to section 

3 114(b)(1) of the Child Abuse Prevention 

4 and Treatment Act, as added by section 7 

5 of this Act. 

6 (O) Other standards the Assistant Sec7 retary determines appropriate to provide for the 

8 basic health and safety of children at such a 

9 program. 

10 (2) REGULATIONS.— 

11 (A) INTERIM REGULATIONS.—Not later 

12 than 180 days after the date of the enactment 

13 of this Act, the Assistant Secretary shall pro14 mulgate and enforce interim regulations to 

15 carry out paragraph (1). 

16 (B) PUBLIC COMMENT.—The Assistant 

17 Secretary shall, for a 90-day period beginning 

18 on the date of the promulgation of interim reg19 ulations under subparagraph (A) of this para20 graph, solicit and accept public comment con21 cerning such regulations. Such public comment 

22 shall be submitted in written form. 

23 (C) FINAL REGULATIONS.—Not later than 

24 90 days after the conclusion of the 90-day pe25 riod referred to in subparagraph (B) of this 


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1 paragraph, the Assistant Secretary shall pro2 mulgate and enforce final regulations to carry 

3 out paragraph (1). 

4 (b) MONITORING AND ENFORCEMENT.— 

5 (1) ON-GOING REVIEW PROCESS.—Not later 

6 than 180 days after the date of the enactment of 

7 this Act, the Assistant Secretary shall implement an 

8 on-going review process for investigating and evalu9 ating reports of child abuse and neglect at covered 

10 programs received by the Assistant Secretary from 

11 the appropriate State, in accordance with section 

12 114(b)(3) of the Child Abuse Prevention and Treat13 ment Act, as added by section 7 of this Act. Such 

14 review process shall— 

15 (A) include an investigation to determine if 

16 a violation of the standards required under sub17 section (a)(1) has occurred; 

18 (B) include an assessment of the State’s 

19 performance with respect to appropriateness of 

20 response to and investigation of reports of child 

21 abuse and neglect at covered programs and ap22 propriateness of legal action against responsible 

23 parties in such cases; 


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1 (C) be completed not later than 60 days 

2 after receipt by the Assistant Secretary of such 

3 a report; 

4 (D) not interfere with an investigation by 

5 the State or a subdivision thereof; and 

6 (E) be implemented in each State in which 

7 a covered program operates until such time as 

8 each such State has satisfied the requirements 

9 under section 114(c) of the Child Abuse Pre10 vention and Treatment Act, as added by section 

11 7 of this Act, as determined by the Assistant 

12 Secretary, or two years has elapsed from the 

13 date that such review process is implemented, 

14 whichever is later. 

15 (2) CIVIL PENALTIES.—Not later than 180 

16 days after the date of the enactment of this Act, the 

17 Assistant Secretary shall promulgate regulations es18 tablishing civil penalties for violations of the stand19 ards required under subsection (a)(1). The regula20 tions establishing such penalties shall incorporate 

21 the following: 

22 (A) Any owner or operator of a covered 

23 program at which the Assistant Secretary has 

24 found a violation of the standards required 


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1 under subsection (a)(1) may be assessed a civil 

2 penalty not to exceed $50,000 per violation. 

3 (B) All penalties collected under this sub4 section shall be deposited in the appropriate ac5 count of the Treasury of the United States. 

6 (c) DISSEMINATION OF INFORMATION.—The Assist7 ant Secretary shall establish, maintain, and disseminate 

8 information about the following: 

9 (1) Web sites made available to the public that 

10 contain, at a minimum, the following: 

11 (A) The name and each location of each 

12 covered program, and the name of each owner 

13 and operator of each such program, operating 

14 in each State, and information regarding— 

15 (i) each such program’s history of vio16 lations of— 

17 (I) regulations promulgated pur18 suant to subsection (a); and 

19 (II) section 114(b)(1) of the 

20 Child Abuse Prevention and Treat21 ment Act, as added by section 7 of 

22 this Act; 

23 (ii) each such program’s current sta24 tus with the State licensing requirements 

25 under section 114(b)(1) of the Child Abuse 


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1 Prevention and Treatment Act, as added 

2 by section 7 of this Act; 

3 (iii) any deaths that occurred to a 

4 child while under the care of such a pro5 gram, including any such deaths that oc6 curred in the five-year period immediately 

7 preceding the date of the enactment of this 

8 Act, and including the cause of each such 

9 death; 

10 (iv) owners or operators of a covered 

11 program that was found to be in violation 

12 of the standards required under subsection 

13 (a)(1), or a violation of the licensing stand14 ards developed pursuant to section 

15 114(b)(1) of the Child Abuse Prevention 

16 and Treatment Act, as added by section 7 

17 of this Act, and who subsequently own or 

18 operate another covered program; and 

19 (v) any penalties levied under sub20 section (b)(2) and any other penalties lev21 ied by the State, against each such pro22 gram. 

23 (B) Information on best practices for help24 ing adolescents with mental health disorders, 

25 conditions, behavioral challenges, or alcohol or 


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1 substance abuse, including information to help 

2 families access effective resources in their com3 munities. 

4 (2) A national toll-free telephone hotline to re5 ceive complaints of child abuse and neglect at cov6 ered programs and violations of the standards re7 quired under subsection (a)(1). 

8 (d) ACTION.—The Assistant Secretary shall establish 

9 a process to— 

10 (1) ensure complaints of child abuse and ne11 glect received by the hotline established pursuant to 

12 subsection (c)(2) are promptly reviewed by persons 

13 with expertise in evaluating such types of com14 plaints; 

15 (2) immediately notify the State, appropriate 

16 local law enforcement, and the appropriate protec17 tion and advocacy system of any credible complaint 

18 of child abuse and neglect at a covered program re19 ceived by the hotline; 

20 (3) investigate any such credible complaint not 

21 later than 30 days after receiving such complaint to 

22 determine if a violation of the standards required 

23 under subsection (a)(1) has occurred; and 

24 (4) ensure the collaboration and cooperation of 

25 the hotline established pursuant to subsection (c)(2) 


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1 with other appropriate National, State, and regional 

2 hotlines, and, as appropriate and practicable, with 

3 other hotlines that might receive calls about child 

4 abuse and neglect at covered programs. 

5 SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL. 

6 If the Assistant Secretary determines that a violation 

7 of subsection (a)(1) of section 3 has not been remedied 

8 through the enforcement process described in subsection 

9 (b)(2) of such section, the Assistant Secretary shall refer 

10 such violation to the Attorney General for appropriate ac11 tion. Regardless of whether such a referral has been made, 

12 the Attorney General may, sua sponte, file a complaint 

13 in any court of competent jurisdiction seeking equitable 

14 relief or any other relief authorized by this Act for such 

15 violation. 

16 SEC. 5. REPORT. 

17 Not later than one year after the date of the enact18 ment of this Act and annually thereafter, the Secretary 

19 of Health and Human Services, in coordination with the 

20 Attorney General shall submit to the Committee on Edu21 cation and Labor of the House of Representatives and the 

22 Committee on Health, Education, Labor, and Pensions of 

23 the Senate, a report on the activities carried out by the 

24 Assistant Secretary and the Attorney General under this 

25 Act, including— 


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1 (1) a summary of findings from on-going re2 views conducted by the Assistant Secretary pursuant 

3 to section 3(b)(1), including a description of the 

4 number and types of covered programs investigated 

5 by the Assistant Secretary pursuant to such section; 

6 (2) a description of types of violations of health 

7 and safety standards found by the Assistant Sec8 retary and any penalties assessed; 

9 (3) a summary of State progress in meeting the 

10 requirements of this Act, including the requirements 

11 under section 114 of the Child Abuse Prevention 

12 and Treatment Act, as added by section 7 of this 

13 Act; 

14 (4) a summary of the Secretary’s oversight ac15 tivities and findings conducted pursuant to sub16 section (d) of such section 114; and 

17 (5) a description of the activities undertaken by 

18 the national toll-free telephone hotline established 

19 pursuant to section 3(c)(2). 

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to the Sec22 retary of Health and Human Services $15,000,000 for 

23 each of fiscal years 2012 through 2016 to carry out this 

24 Act (excluding the amendment made by section 7 of this 

25 Act and section 8 of this Act). 


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1 SEC. 7. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 

2 GRANTS TO STATES TO PREVENT CHILD 

3 ABUSE AND NEGLECT AT RESIDENTIAL PRO4 GRAMS. 

5 (a) IN GENERAL.—Title I of the Child Abuse Preven6 tion and Treatment Act (42 U.S.C. 5101 et seq.) is 

7 amended by adding at the end the following new section: 

8 ‘‘SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 

9 GRANTS TO STATES TO PREVENT CHILD 

10 ABUSE AND NEGLECT AT RESIDENTIAL PRO11 GRAMS. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) CHILD.—The term ‘child’ means an indi14 vidual who has not attained the age of 18. 

15 ‘‘(2) COVERED PROGRAM.— 

16 ‘‘(A) IN GENERAL.—The term ‘covered 

17 program’ means each location of a program op18 erated by a public or private entity that, with 

19 respect to one or more children who are unre20 lated to the owner or operator of the program— 

21 ‘‘(i) provides a residential environ22 ment, such as— 

23 ‘‘(I) a program with a wilderness 

24 or outdoor experience, expedition, or 

25 intervention; 


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1 ‘‘(II) a boot camp experience or 

2 other experience designed to simulate 

3 characteristics of basic military train4 ing or correctional regimes; 

5 ‘‘(III) a therapeutic boarding 

6 school; or 

7 ‘‘(IV) a behavioral modification 

8 program; and 

9 ‘‘(ii) operates with a focus on serving 

10 children with— 

11 ‘‘(I) emotional, behavioral, or 

12 mental health problems or disorders; 

13 or 

14 ‘‘(II) problems with alcohol or 

15 substance abuse. 

16 ‘‘(B) EXCLUSION.—The term ‘covered pro17 gram’ does not include— 

18 ‘‘(i) a hospital licensed by the State; 

19 or 

20 ‘‘(ii) a foster family home that pro21 vides 24-hour substitute care for children 

22 place away from their parents or guardians 

23 and for whom the State child welfare serv24 ices agency has placement and care responVerDate Mar 15 2010 22:34 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1667.IS S1667

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1 sibility and that is licensed and regulated 

2 by the State as a foster family home. 

3 ‘‘(3) PROTECTION AND ADVOCACY SYSTEM.— 

4 The term ‘protection and advocacy system’ means a 

5 protection and advocacy system established under 

6 section 143 of the Developmental Disabilities Assist7 ance and Bill of Rights Act of 2000 (42 U.S.C. 

8 15043). 

9 ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eligible to 

10 receive a grant under section 106, a State shall— 

11 ‘‘(1) not later than three years after the date 

12 of the enactment of this section, develop policies and 

13 procedures to prevent child abuse and neglect at cov14 ered programs operating in such State, including 

15 having in effect health and safety licensing require16 ments applicable to and necessary for the operation 

17 of each location of such covered programs that in18 clude, at a minimum— 

19 ‘‘(A) standards that meet or exceed the 

20 standards required under section 3(a)(1) of the 

21 Stop Child Abuse in Residential Programs for 

22 Teens Act of 2011; 

23 ‘‘(B) the provision of essential food, water, 

24 clothing, shelter, and medical care necessary to 


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1 maintain physical health, mental health, and 

2 general safety of children at such programs; 

3 ‘‘(C) policies for emergency medical care 

4 preparedness and response, including minimum 

5 staff training and qualifications for such re6 sponses; and 

7 ‘‘(D) notification to appropriate staff at 

8 covered programs if their position of employ9 ment meets the definition of mandated reporter, 

10 as defined by the State; 

11 ‘‘(2) develop policies and procedures to monitor 

12 and enforce compliance with the licensing require13 ments developed in accordance with paragraph (1), 

14 including— 

15 ‘‘(A) designating an agency to be respon16 sible, in collaboration and consultation with 

17 State agencies providing human services (in18 cluding child protective services, and services to 

19 children with emotional, psychological, develop20 mental, or behavioral dysfunctions, impair21 ments, disorders, or alcohol or substance 

22 abuse), State law enforcement officials, the ap23 propriate protection and advocacy system, and 

24 courts of competent jurisdiction, for monitoring 

25 and enforcing such compliance; 


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1 ‘‘(B) establishing a State licensing applica2 tion process through which any individual seek3 ing to operate a covered program would be re4 quired to disclose all previous substantiated re5 ports of child abuse and neglect and all child 

6 deaths at any businesses previously or currently 

7 owned or operated by such individual, except 

8 that substantiated reports of child abuse and 

9 neglect may remain confidential and all reports 

10 shall not contain any personally identifiable in11 formation relating to the identity of individuals 

12 who were the victims of such child abuse and 

13 neglect; 

14 ‘‘(C) conducting unannounced site inspec15 tions not less often than once every two years 

16 at each location of a covered program; 

17 ‘‘(D) creating a non-public database, to be 

18 integrated with the annual State data reports 

19 required under section 106(d), of reports of 

20 child abuse and neglect at covered programs op21 erating in the State, except that such reports 

22 shall not contain any personally identifiable in23 formation relating to the identity of individuals 

24 who were the victims of such child abuse and 

25 neglect; and 


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1 ‘‘(E) implementing a policy of graduated 

2 sanctions, including fines and suspension and 

3 revocation of licences, against covered programs 

4 operating in the State that are out of compli5 ance with such health and safety licensing re6 quirements; 

7 ‘‘(3) if the State is not yet satisfying the re8 quirements of this subsection, in accordance with a 

9 determination made pursuant to subsection (c), de10 velop policies and procedures for notifying the Sec11 retary and the appropriate protection and advocacy 

12 system of any report of child abuse and neglect at 

13 a covered program operating in the State not later 

14 than 30 days after the appropriate State entity, or 

15 subdivision thereof, determines such report should 

16 be investigated and not later than 48 hours in the 

17 event of a fatality; 

18 ‘‘(4) if the Secretary determines that the State 

19 is satisfying the requirements of this subsection, in 

20 accordance with a determination made pursuant to 

21 subsection (c), develop policies and procedures for 

22 notifying the Secretary if— 

23 ‘‘(A) the State determines there is evidence 

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1 gram operating in the State or by an owner or 

2 operator of such a program; or 

3 ‘‘(B) there is a child fatality at a covered 

4 program operating in the State; 

5 ‘‘(5) develop policies and procedures for estab6 lishing and maintaining a publicly available database 

7 of all covered programs operating in the State, in8 cluding the name and each location of each such 

9 program and the name of the owner and operator of 

10 each such program, information on reports of sub11 stantiated child abuse and neglect at such programs 

12 (except that such reports shall not contain any per13 sonally identifiable information relating to the iden14 tity of individuals who were the victims of such child 

15 abuse and neglect and that such database shall in16 clude and provide the definition of ‘substantiated’ 

17 used in compiling the data in cases that have not 

18 been finally adjudicated), violations of standards re19 quired under paragraph (1), and all penalties levied 

20 against such programs; 

21 ‘‘(6) annually submit to the Secretary a report 

22 that includes— 

23 ‘‘(A) the name and each location of all cov24 ered programs, including the names of the own25 ers and operators of such programs, operating 


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1 in the State, and any violations of State licens2 ing requirements developed pursuant to sub3 section (b)(1); and 

4 ‘‘(B) a description of State activities to 

5 monitor and enforce such State licensing re6 quirements, including the names of owners and 

7 operators of each covered program that under8 went a site inspection by the State, and a sum9 mary of the results and any actions taken; and 

10 ‘‘(7) if the Secretary determines that the State 

11 is satisfying the requirements of this subsection, in 

12 accordance with a determination made pursuant to 

13 subsection (c), develop policies and procedures to re14 port to the appropriate protection and advocacy sys15 tem any case of the death of an individual under the 

16 control or supervision of a covered program not later 

17 than 48 hours after the State is informed of such 

18 death. 

19 ‘‘(c) SECRETARIAL DETERMINATION.—The Secretary 

20 shall not determine that a State’s licensing requirements, 

21 monitoring, and enforcement of covered programs oper22 ating in the State satisfy the requirements of subsection 

23 (b) unless— 


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1 ‘‘(1) the State implements licensing require2 ments for such covered programs that meet or ex3 ceed the standards required under subsection (b)(1); 

4 ‘‘(2) the State designates an agency to be re5 sponsible for monitoring and enforcing compliance 

6 with such licensing requirements; 

7 ‘‘(3) the State conducts unannounced site in8 spections of each location of such covered programs 

9 not less often than once every two years; 

10 ‘‘(4) the State creates a non-public database of 

11 such covered programs, to include information on re12 ports of child abuse and neglect at such programs 

13 (except that such reports shall not contain any per14 sonally identifiable information relating to the iden15 tity of individuals who were the victims of such child 

16 abuse and neglect); 

17 ‘‘(5) the State implements a policy of graduated 

18 sanctions, including fines and suspension and rev19 ocation of licenses against such covered programs 

20 that are out of compliance with the health and safe21 ty licensing requirements under subsection (b)(1); 

22 and 

23 ‘‘(6) after a review of assessments conducted 

24 under section 3(b)(1)(B) of the Stop Child Abuse in 

25 Residential Programs for Teens Act of 2011, the 


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1 Secretary determines the State is appropriately in2 vestigating and responding to allegations of child 

3 abuse and neglect at such covered programs. 

4 ‘‘(d) OVERSIGHT.— 

5 ‘‘(1) IN GENERAL.—Beginning two years after 

6 the date of the enactment of the Stop Child Abuse 

7 in Residential Programs for Teens Act of 2011, the 

8 Secretary shall implement a process for continued 

9 monitoring of each State that is determined to be 

10 satisfying the licensing, monitoring, and enforcement 

11 requirements of subsection (b), in accordance with a 

12 determination made pursuant to subsection (c), with 

13 respect to the performance of each such State re14 garding— 

15 ‘‘(A) preventing child abuse and neglect at 

16 covered programs operating in each such State; 

17 and 

18 ‘‘(B) enforcing the licensing standards de19 scribed in subsection (b)(1). 

20 ‘‘(2) EVALUATIONS.—The process required 

21 under paragraph (1) shall include in each State, at 

22 a minimum— 

23 ‘‘(A) an investigation not later than 60 

24 days after receipt by the Secretary of a report 

25 from a State, or a subdivision thereof, of child 


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1 abuse and neglect at a covered program oper2 ating in the State, and submission of findings 

3 to appropriate law enforcement or other local 

4 entity where necessary, if the report indicates— 

5 ‘‘(i) a child fatality at such program; 

6 or 

7 ‘‘(ii) there is evidence of a pattern of 

8 violations of the standards required under 

9 subsection (b)(1) at such program or by an 

10 owner or operator of such program; 

11 ‘‘(B) an annual review by the Secretary of 

12 cases of reports of child abuse and neglect in13 vestigated at covered programs operating in the 

14 State to assess the State’s performance with re15 spect to the appropriateness of response to and 

16 investigation of reports of child abuse and ne17 glect at covered programs and the appropriate18 ness of legal actions taken against responsible 

19 parties in such cases; and 

20 ‘‘(C) unannounced site inspections of cov21 ered programs operating in the State to mon22 itor compliance with the standards required 

23 under section 3(a) of the Stop Child Abuse in 

24 Residential Programs for Teens Act of 2011. 


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1 ‘‘(3) ENFORCEMENT.—If the Secretary deter2 mines, pursuant to an evaluation under this sub3 section, that a State is not adequately implementing, 

4 monitoring, and enforcing the licensing requirements 

5 of subsection (b)(1), the Secretary shall require, for 

6 a period of not less than one year, that— 

7 ‘‘(A) the State shall inform the Secretary 

8 of each instance there is a report to be inves9 tigated of child abuse and neglect at a covered 

10 program operating in the State; and 

11 ‘‘(B) the Secretary and the appropriate 

12 local agency shall jointly investigate such re13 port.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 112(a)(1) of the Child Abuse Prevention and Treatment 

16 Act (42 U.S.C. 5106h(a)(1)) is amended by striking 

17 ‘‘$120,000,000’’ and all that follows through the period 

18 and inserting ‘‘$235,000,000 for each of fiscal years 2012 

19 through 2016.’’. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) COORDINATION WITH AVAILABLE RE22 SOURCES.—Section 103(c)(1)(D) of the Child Abuse 

23 Prevention and Treatment Act (42 U.S.C. 

24 5104(c)(1)(D)) is amended by inserting after ‘‘spe25 cific’’ the following: ‘‘(including reports of child 


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1 abuse and neglect occurring at covered programs 

2 (except that such reports shall not contain any per3 sonally identifiable information relating to the iden4 tity of individuals who were the victims of such child 

5 abuse and neglect), as such term is defined in sec6 tion 114)’’. 

7 (2) FURTHER REQUIREMENT.—Section 

8 106(b)(1) of the Child Abuse Prevention and Treat9 ment Act (42 U.S.C. 5106a(b)(1)) is amended by 

10 adding at the end the following new subparagraph: 

11 ‘‘(D) FURTHER REQUIREMENT.—To be eli12 gible to receive a grant under this section, a 

13 State shall comply with the requirements under 

14 section 114(b) and shall include in the State 

15 plan submitted pursuant to subparagraph (A) a 

16 description of the activities the State will carry 

17 out to comply with the requirements under such 

18 section 114(b).’’. 

19 (3) ANNUAL STATE DATA REPORTS.—Section 

20 106(d) of the Child Abuse Prevention and Treat21 ment Act (42 U.S.C. 5106a(d)) is amended— 

22 (A) in paragraph (1), by inserting before 

23 the period at the end the following: ‘‘(including 

24 reports of child abuse and neglect occurring at 

25 covered programs (except that such reports 


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1 shall not contain any personally identifiable in2 formation relating to the identity of individuals 

3 who were the victims of such child abuse and 

4 neglect), as such term is defined in section 

5 114)’’; and 

6 (B) in paragraph (6), by inserting before 

7 the period at the end the following: ‘‘or who 

8 were in the care of a covered program, as such 

9 term is defined in section 114’’. 

10 (d) CLERICAL AMENDMENT.—Section 1(b) of the 

11 Child Abuse Prevention and Treatment Act (42 U.S.C. 

12 5101 note) is amended by inserting after the item relating 

13 to section 113 the following new item: 

‘‘Sec. 114. Additional eligibility requirements for grants to States to prevent 

child abuse and neglect at residential programs.’’. 

14 SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED 

15 PROGRAMS. 

16 (a) STUDY.—The Secretary of Health and Human 

17 Services shall conduct a study, in consultation with rel18 evant agencies and experts, to examine the outcomes for 

19 children in both private and public covered programs 

20 under this Act encompassing a broad representation of 

21 treatment facilities and geographic regions. 

22 (b) REPORT.—The Secretary of Health and Human 

23 Services shall submit to the Committee on Health, Edu24 cation, Labor, and Pensions of the Senate and the ComVerDate Mar 15 2010 22:34 Oct 07, 2011 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1667.IS S1667

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1 mittee on Education and the Workforce of the House of 

2 Representatives a report that contains the results of the 

3 study conducted under subsection (a). 

Æ 


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