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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1877 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1877

   To amend the Child Abuse Prevention and Treatment Act to require 
  mandatory reporting of incidents of child abuse or neglect, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2011

 Mr. Casey (for himself and Mrs. Boxer) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To amend the Child Abuse Prevention and Treatment Act to require 
  mandatory reporting of incidents of child abuse or neglect, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Speak Up to Protect Every Abused Kid 
Act''.

SEC. 2. CHILD ABUSE AND NEGLECT.

    Section 3(2) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5101 note) is amended to read as follows:
            ``(2) the term `child abuse or neglect' means, at a 
        minimum--
                    ``(A) any recent act or failure to act, on the part 
                of a parent or caretaker, that results in death, 
                serious physical or emotional harm, or sexual abuse or 
                exploitation, or an act or failure to act that presents 
                an imminent risk of serious harm; or
                    ``(B) any deliberate act, on the part of an 
                individual other than a parent or caretaker, that 
                results in death, serious physical or emotional harm, 
                or sexual abuse or exploitation, or that presents an 
                imminent risk of serious harm to a child.''.

SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.

    The Child Abuse Prevention and Treatment Act is amended by 
inserting after section 103 (42 U.S.C. 5104) the following:

``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.

    ``(a) In General.--The Secretary shall make grants to eligible 
entities to carry out educational campaigns and provide training 
regarding State laws for mandatory reporting of incidents of child 
abuse or neglect.
    ``(b) Guidance and Information on Best Practices.--The Secretary 
shall develop and disseminate guidance and information on best 
practices for--
            ``(1) educational campaigns to educate members of the 
        public about--
                    ``(A) the acts and omissions that constitute child 
                abuse or neglect under State law;
                    ``(B) the responsibilities of adults to report 
                suspected and known incidents of child abuse or neglect 
                under State law; and
                    ``(C) the ways in which adults can respond to help 
                children and families without such reporting in a case 
                in which the circumstances do not constitute child 
                abuse or neglect under State law but the child or 
                family needs assistance to prevent such circumstances 
                from deteriorating so as to constitute child abuse or 
                neglect; and
            ``(2) training programs to improve such reporting by 
        adults, with a focus on adults who work with children in a 
        professional or volunteer capacity.
    ``(c) Applications.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require. In determining whether to make a grant under this section, 
the Secretary shall determine whether the educational campaign or 
training proposed by the entity uses practices described in the 
guidance and information developed under subsection (b).
    ``(d) Use of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant to carry 
out an educational campaign, or provide training, described in 
subsection (b).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2012 
and $10,000,000 for each of fiscal years 2013 through 2016.''.

SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND 
              TREATMENT PROGRAMS.

    Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an 
assurance'' and all that follows through clause (i), and inserting the 
following:
                    ``(B) an assurance in the form of a certification 
                by the Governor of the State that the State has in 
                effect and is enforcing a State law, or has in effect 
                and is operating a statewide program, relating to child 
                abuse and neglect that includes--
                            ``(i) provisions or procedures for an 
                        individual to report suspected or known 
                        incidents of child abuse or neglect to a State 
                        child protective service agencies or to law 
                        enforcement agencies, which shall include a 
                        State law for mandatory reporting of such 
                        incidents, to either type of agency, by any 
                        adult;''.

SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.

    (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5107c(b)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(C) train adults who work with children in a 
                professional or volunteer capacity, to report suspected 
                and known incidents of child abuse or neglect under 
                State law; and''; and
            (2) in paragraph (5), by inserting before the period ``and 
        the training described in paragraph (4)(C)''.
    (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 
5107c(e)(2)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) evaluate the State's efforts to train adults who work 
        with children in a professional or volunteer capacity, to 
        report suspected and known incidents of child abuse or neglect 
        under State law.''.
    (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 
U.S.C. 5107c(e)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) experimental, model, and demonstration 
                programs for testing innovative approaches and 
                techniques that may improve reporting of and response 
                to suspected and known incidents of child abuse or 
                neglect by adults to the State child protective service 
                agencies or to law enforcement agencies.''.

SEC. 6. GENERAL PROGRAM GRANTS.

    Section 108 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106d) is amended by adding at the end the following:
    ``(f) Mandatory Reporting.--To be eligible to receive any form of 
financial assistance under this title, a State shall include in the 
corresponding plan or application an assurance that the State has in 
effect a State law for mandatory reporting described in section 
106(b)(2)(B)(i).''.

SEC. 7. 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:
    ``(e) Report on State Mandatory Reporting Laws.--
            ``(1) Study.--Not later than 4 years after the date of 
        enactment of the Speak Up to Protect Every Abused Kid Act, the 
        Secretary shall collect information on and otherwise study the 
        efforts of States relating to State laws for mandatory 
        reporting of incidents of child abuse or neglect, in order to--
                    ``(A) assess the implementation of the amendments 
                made by that Act; and
                    ``(B) provide an update on--
                            ``(i) implementation of State laws for 
                        mandatory reporting described in section 
                        106(b)(2)(B)(i); and
                            ``(ii) State efforts to improve reporting 
                        on, and responding to reports of, child abuse 
                        or neglect.
            ``(2) Report.--Not later than 4 years after that date of 
        enactment, the Secretary shall submit to the appropriate 
        committees of Congress a report containing the findings of the 
        study.''.

SEC. 8. COMMUNITY-BASED GRANTS.

    Section 204 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116d) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(13) an assurance that the State has in effect a State 
        law for mandatory reporting described in section 
        106(b)(2)(B)(i).''.

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
takes effect on the date of enactment of this Act.
    (b) Mandatory Reporting Requirements.--The amendments made by 
sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and 
applications submitted after the date that is 2 years after the date of 
enactment of this Act.
                                 <all>
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