II 

113TH CONGRESS 

2D SESSION S. 2054 

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 

FEBRUARY 27, 2014 

Mr. MURPHY (for himself and 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 2014’’. 

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 enactment of this Act, the Assist9 ant Secretary for Children and Families of the De10 partment 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 restraints and mechanical re24 straints and seclusion (as such terms are de25 fined in section 595 of the Public Health ServVerDate Mar 15 2010 22:23 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2054.IS S2054

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1 ice Act (42 U.S.C. 290jj)), and restraints that 

2 impair breathing, to the same extent and in the 

3 same manner as a non-medical, community4 based facility for children and youth is required 

5 to protect and promote the right of its residents 

6 to be free from such restraints and seclusion 

7 under such section 595, including the prohibi8 tions and limitations described in subsection 

9 (b)(3) of such section. 

10 (D) Acts of physical or mental abuse de11 signed to humiliate, degrade, or undermine a 

12 child’s self-respect shall be prohibited. 

13 (E) Each child at such a program shall 

14 have reasonable access to a telephone, and be 

15 informed of their right to such access, for mak16 ing and receiving phone calls with as much pri17 vacy as possible, and shall have access to the 

18 appropriate State or local child abuse reporting 

19 hotline number, and the national hotline num20 ber referred to in subsection (c)(2). 

21 (F) Each staff member, including volun22 teers, at such a program shall be required, as 

23 a condition of employment, to become familiar 

24 with what constitutes child abuse and neglect, 

25 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, 

12 shall be given to parents or legal guardians of 

13 children at such a program, including providing 

14 information on any staff changes, including 

15 changes to any staff member’s qualifications, 

16 roles, or responsibilities, not later than 10 days 

17 after such 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, hypothermia, and 

24 common medical emergencies including burns, 

25 drowning, and insect and animal bites. 


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1 (J) Each staff member, including volun2 teers, shall be required, as a condition of em3 ployment, to submit to a criminal history check, 

4 including a name-based search of the National 

5 Sex Offender Registry established pursuant to 

6 the Adam Walsh Child Protection and Safety 

7 Act of 2006 (42 U.S.C. 16901 et seq.), a 

8 search of the State criminal registry or reposi9 tory in the State in which the covered program 

10 is operating, and a Federal Bureau of Inves11 tigation fingerprint check. An individual shall 

12 be ineligible to serve in a position with any con13 tact with children at a covered program if any 

14 such record check reveals a felony conviction for 

15 child abuse or neglect, spousal abuse, a crime 

16 against children (including child pornography), 

17 or a crime involving violence, including rape, 

18 sexual assault, or homicide, but not including 

19 other physical assault or battery. 

20 (K) The covered program shall provide an 

21 independent process by which an applicant or 

22 staff member who is determined to be ineligible 

23 as a result of a criminal history check under 

24 subparagraph (J) shall have the right— 


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1 (i) to obtain a copy of the report re2 sulting from the check; and 

3 (ii) within 10 business days after re4 ceipt of the report, to appeal, in order to 

5 dispute the accuracy of the information ob6 tained through the check. 

7 (L) Each staff member at a covered pro8 gram shall be required to understand the poli9 cies and procedures for the provision of emer10 gency medical care, including policies for staff 

11 protocols for implementing emergency re12 sponses. 

13 (M) All promotional and informational ma14 terials produced by such a program shall in15 clude a hyperlink to or the URL address of the 

16 website created by the Assistant Secretary pur17 suant to subsection (c)(1)(A). 

18 (N) Policies to require— 

19 (i) parents or legal guardians of a 

20 child attending such a program to notify, 

21 in writing, such program of any medication 

22 the child is taking; 

23 (ii) such program— 

24 (I) to obtain consent from the 

25 parents or legal guardians of the child 


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1 to make any change to the child’s 

2 medical treatment, except in the case 

3 of an emergency; and 

4 (II) in the case of an emergency, 

5 to notify the parents or guardians 

6 within 24 hours after any change to 

7 the child’s medical treatment and the 

8 reason for such change; and 

9 (iii) such program to notify the par10 ents or guardians within 24 hours after 

11 any missed dosage of prescribed medica12 tion. 

13 (O) Procedures for notifying immediately, 

14 to the maximum extent practicable, but not 

15 later than within 48 hours, parents or legal 

16 guardians with children at such a program of 

17 any— 

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

19 child abuse and neglect; 

20 (ii) violation of the health and safety 

21 standards described in this paragraph; and 

22 (iii) violation of State licensing stand23 ards developed pursuant to section 

24 114(b)(1) of the Child Abuse Prevention 


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1 and Treatment Act, as added by section 7 

2 of this Act. 

3 (P) Other standards the Assistant Sec4 retary determines appropriate to provide for the 

5 basic health and safety of children at such a 

6 program. 

7 (2) REGULATIONS.— 

8 (A) INTERIM REGULATIONS.—Not later 

9 than 180 days after the date of enactment of 

10 this Act, the Assistant Secretary shall promul11 gate and enforce interim regulations to carry 

12 out paragraph (1). 

13 (B) PUBLIC COMMENT.—The Assistant 

14 Secretary shall, for a 90-day period beginning 

15 on the date of the promulgation of interim reg16 ulations under subparagraph (A) of this para17 graph, solicit and accept public comment con18 cerning such regulations. Such public comment 

19 shall be submitted in written form. 

20 (C) FINAL REGULATIONS.—Not later than 

21 90 days after the conclusion of the 90-day pe22 riod referred to in subparagraph (B) of this 

23 paragraph, the Assistant Secretary shall pro24 mulgate and enforce final regulations to carry 

25 out paragraph (1). 


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1 (b) MONITORING AND ENFORCEMENT.— 

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

3 than 180 days after the date of enactment of this 

4 Act, the Assistant Secretary shall implement an on5 going review process for investigating and evaluating 

6 reports of child abuse and neglect at covered pro7 grams received by the Assistant Secretary from the 

8 appropriate State, in accordance with section 

9 114(b)(3) of the Child Abuse Prevention and Treat10 ment Act, as added by section 7 of this Act. Such 

11 review process shall— 

12 (A) include an investigation to determine if 

13 a violation of the standards required under sub14 section (a)(1) has occurred; 

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

16 performance with respect to appropriateness of 

17 response to and investigation of reports of child 

18 abuse and neglect at covered programs and ap19 propriateness of legal action against responsible 

20 parties in such cases; 

21 (C) be completed not later than 60 days 

22 after receipt by the Assistant Secretary of such 

23 a report; 

24 (D) not interfere with an investigation by 

25 the State or a subdivision thereof; and 


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1 (E) be implemented in each State in which 

2 a covered program operates until such time as 

3 each such State has satisfied the requirements 

4 under section 114(c) of the Child Abuse Pre5 vention and Treatment Act, as added by section 

6 7 of this Act, as determined by the Assistant 

7 Secretary, or 2 years has elapsed from the date 

8 that such review process is implemented, which9 ever is later. 

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

11 days after the date of enactment of this Act, the As12 sistant Secretary shall promulgate regulations estab13 lishing civil penalties for violations of the standards 

14 required under subsection (a)(1). The regulations es15 tablishing such penalties shall incorporate the fol16 lowing: 

17 (A) Any owner or operator of a covered 

18 program at which the Assistant Secretary has 

19 found a violation of the standards required 

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

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

22 (B) All penalties collected under this sub23 section shall be deposited in the appropriate ac24 count of the Treasury of the United States. 


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1 (c) DISSEMINATION OF INFORMATION.—The Assist2 ant Secretary shall establish, maintain, and disseminate 

3 information about the following: 

4 (1) Websites made available to the public that 

5 contain, at a minimum, the following: 

6 (A) The name and each location of each 

7 covered program, and the name of each owner 

8 and operator of each such program, operating 

9 in each State, and information regarding— 

10 (i) each such program’s history of vio11 lations of— 

12 (I) regulations promulgated pur13 suant to subsection (a); and 

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

15 Child Abuse Prevention and Treat16 ment Act, as added by section 7 of 

17 this Act; 

18 (ii) each such program’s current sta19 tus with the State licensing requirements 

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

21 Prevention and Treatment Act, as added 

22 by section 7 of this Act; 

23 (iii) any deaths that occurred to a 

24 child while under the care of such a pro25 gram, including any such deaths that ocVerDate Mar 15 2010 22:23 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2054.IS S2054

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1 curred in the 5-year period immediately 

2 preceding the date of enactment of this 

3 Act, and including the cause of each such 

4 death; 

5 (iv) each owner or operator of a cov6 ered program that was found to be in vio7 lation of the standards required under sub8 section (a)(1), or a violation of the licens9 ing standards developed pursuant to sec10 tion 114(b)(1) of the Child Abuse Preven11 tion and Treatment Act, as added by sec12 tion 7 of this Act, and who subsequently 

13 owns or operates another covered program; 

14 and 

15 (v) any penalties levied under sub16 section (b)(2) and any other penalties lev17 ied by the State, against each such pro18 gram. 

19 (B) Information on best practices for help20 ing adolescents with mental health disorders, 

21 conditions, behavioral challenges, or alcohol or 

22 substance abuse, including information to help 

23 families access effective resources in their com24 munities. 


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1 (2) A national toll-free telephone hotline to re2 ceive complaints of child abuse and neglect at cov3 ered programs and violations of the standards re4 quired under subsection (a)(1). 

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

6 a process to— 

7 (1) ensure complaints of child abuse and ne8 glect received by the hotline established pursuant to 

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

10 with expertise in evaluating such types of com11 plaints; 

12 (2) immediately notify the State, appropriate 

13 local law enforcement, and the appropriate protec14 tion and advocacy system of any credible complaint 

15 of child abuse and neglect at a covered program re16 ceived by the hotline; 

17 (3) investigate any such credible complaint not 

18 later than 30 days after receiving such complaint to 

19 determine if a violation of the standards required 

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

21 (4) ensure the collaboration and cooperation of 

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

23 with other appropriate National, State, and regional 

24 hotlines, and, as appropriate and practicable, with 


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1 other hotlines that might receive calls about child 

2 abuse and neglect at covered programs. 

3 SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL. 

4 If the Assistant Secretary determines that a violation 

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

6 through the enforcement process described in subsection 

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

8 such violation to the Attorney General for appropriate ac9 tion. Regardless of whether such a referral has been made, 

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

11 in any court of competent jurisdiction seeking equitable 

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

13 violation. 

14 SEC. 5. REPORT. 

15 Not later than 1 year after the date of enactment 

16 of this Act and annually thereafter, the Secretary of 

17 Health and Human Services, in coordination with the At18 torney General shall submit to the Committee on Edu19 cation and Labor of the House of Representatives and the 

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

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

22 Assistant Secretary and the Attorney General under this 

23 Act, including— 

24 (1) a summary of findings from on-going re25 views conducted by the Assistant Secretary pursuant 


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

2 number and types of covered programs investigated 

3 by the Assistant Secretary pursuant to such section; 

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

5 and safety standards found by the Assistant Sec6 retary and any penalties assessed; 

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

8 requirements of this Act, including the requirements 

9 under section 114 of the Child Abuse Prevention 

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

11 Act; 

12 (4) a summary of the Secretary’s oversight ac13 tivities and findings conducted pursuant to sub14 section (d) of such section 114; and 

15 (5) a description of the activities undertaken by 

16 the national toll-free telephone hotline established 

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

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated to the Sec20 retary of Health and Human Services $15,000,000 for 

21 each of fiscal years 2015 through 2019 to carry out this 

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

23 Act and section 8 of this Act). The Secretary of Health 

24 and Human Services shall reserve a portion of the appro25 priated funds and make the portion available to the CompVerDate Mar 15 2010 22:23 Feb 28, 2014 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2054.IS S2054

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1 troller General of the United States to carry out section 

2 9. 

3 SEC. 7. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 

4 GRANTS TO STATES TO PREVENT CHILD 

5 ABUSE AND NEGLECT AT RESIDENTIAL PRO6 GRAMS. 

7 (a) IN GENERAL.—Title I of the Child Abuse Preven8 tion and Treatment Act (42 U.S.C. 5101 et seq.) is 

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

10 ‘‘SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 

11 GRANTS TO STATES TO PREVENT CHILD 

12 ABUSE AND NEGLECT AT RESIDENTIAL PRO13 GRAMS. 

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

15 ‘‘(1) CHILD.—The term ‘child’ means an indi16 vidual who has not attained the age of 18. 

17 ‘‘(2) COVERED PROGRAM.— 

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

19 program’ means each location of a program op20 erated by a public or private entity that, with 

21 respect to one or more children who are unre22 lated to the owner or operator of the program— 

23 ‘‘(i) provides a residential environ24 ment, such as— 


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1 ‘‘(I) a program with a wilderness 

2 or outdoor experience, expedition, or 

3 intervention; 

4 ‘‘(II) a boot camp experience or 

5 other experience designed to simulate 

6 characteristics of basic military train7 ing or correctional regimes; 

8 ‘‘(III) a therapeutic boarding 

9 school; or 

10 ‘‘(IV) a behavioral modification 

11 program; and 

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

13 children with— 

14 ‘‘(I) emotional, behavioral, or 

15 mental health problems or disorders; 

16 or 

17 ‘‘(II) problems with alcohol or 

18 substance abuse. 

19 ‘‘(B) EXCLUSION.—The term ‘covered pro20 gram’ does not include— 

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

22 or 

23 ‘‘(ii) a foster family home that pro24 vides 24-hour substitute care for children 

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1 ians and for whom the State child welfare 

2 services agency has placement and care re3 sponsibility and that is licensed and regu4 lated by the State as a foster family home. 

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

6 The term ‘protection and advocacy system’ means a 

7 protection and advocacy system established under 

8 section 143 of the Developmental Disabilities Assist9 ance and Bill of Rights Act of 2000 (42 U.S.C. 

10 15043). 

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

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

13 ‘‘(1) not later than 3 years after the date of en14 actment of this section, develop policies and proce15 dures to prevent child abuse and neglect at covered 

16 programs operating in such State, including having 

17 in effect health and safety licensing requirements 

18 applicable to and necessary for the operation of each 

19 location of such covered programs that include, at a 

20 minimum— 

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

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

23 Stop Child Abuse in Residential Programs for 

24 Teens Act of 2014; 


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

2 clothing, shelter, and medical care necessary to 

3 maintain physical health, mental health, and 

4 general safety of children at such programs; 

5 ‘‘(C) policies for emergency medical care 

6 preparedness and response, including minimum 

7 staff training and qualifications for such re8 sponses; and 

9 ‘‘(D) notification to appropriate staff at 

10 covered programs if their position of employ11 ment meets the definition of mandated reporter, 

12 as defined by the State; 

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

14 and enforce compliance with the licensing require15 ments developed in accordance with paragraph (1), 

16 including— 

17 ‘‘(A) designating an agency to be respon18 sible, in collaboration and consultation with 

19 State agencies providing human services (in20 cluding child protective services, and services to 

21 children with emotional, psychological, develop22 mental, or behavioral dysfunctions, impair23 ments, disorders, or alcohol or substance 

24 abuse), State law enforcement officials, the ap25 propriate protection and advocacy system, and 


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1 courts of competent jurisdiction, for monitoring 

2 and enforcing such compliance; 

3 ‘‘(B) establishing a State licensing applica4 tion process through which any individual seek5 ing to operate a covered program would be re6 quired to disclose all previous substantiated re7 ports of child abuse and neglect and all child 

8 deaths at any businesses previously or currently 

9 owned or operated by such individual, except 

10 that substantiated reports of child abuse and 

11 neglect may remain confidential and all reports 

12 shall not contain any personally identifiable in13 formation relating to the identity of individuals 

14 who were the victims of such child abuse and 

15 neglect; 

16 ‘‘(C) conducting unannounced site inspec17 tions not less often than once every 2 years at 

18 each location of a covered program; 

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

20 integrated with the annual State data reports 

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

22 child abuse and neglect at covered programs op23 erating in the State, except that such reports 

24 shall not contain any personally identifiable in25 formation relating to the identity of individuals 


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1 who were the victims of such child abuse and 

2 neglect; and 

3 ‘‘(E) implementing a policy of graduated 

4 sanctions, including fines and suspension and 

5 revocation of licenses, against covered programs 

6 operating in the State that are out of compli7 ance with such health and safety licensing re8 quirements; 

9 ‘‘(3) if the State is not yet satisfying the re10 quirements of this subsection, in accordance with a 

11 determination made pursuant to subsection (c), de12 velop policies and procedures for notifying the Sec13 retary and the appropriate protection and advocacy 

14 system of any report of child abuse and neglect at 

15 a covered program operating in the State not later 

16 than 30 days after the appropriate State entity, or 

17 subdivision thereof, determines such report should 

18 be investigated and not later than 48 hours in the 

19 event of a fatality; 

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

21 is satisfying the requirements of this subsection, in 

22 accordance with a determination made pursuant to 

23 subsection (c), develop policies and procedures for 

24 notifying the Secretary if— 


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

2 of a pattern of violations of the standards re3 quired under paragraph (1) at a covered pro4 gram operating in the State or by an owner or 

5 operator of such a program; or 

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

7 program operating in the State; 

8 ‘‘(5) develop policies and procedures for estab9 lishing and maintaining a publicly available database 

10 of all covered programs operating in the State, in11 cluding the name and each location of each such 

12 program and the name of the owner and operator of 

13 each such program, information on reports of sub14 stantiated child abuse and neglect at such programs 

15 (except that such reports shall not contain any per16 sonally identifiable information relating to the iden17 tity of individuals who were the victims of such child 

18 abuse and neglect and that such database shall in19 clude and provide the definition of ‘substantiated’ 

20 used in compiling the data in cases that have not 

21 been finally adjudicated), violations of standards re22 quired under paragraph (1), and all penalties levied 

23 against such programs; 

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

25 that includes— 


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1 ‘‘(A) the name and each location of all cov2 ered programs, including the names of the own3 ers and operators of such programs, operating 

4 in the State, and any violations of State licens5 ing requirements developed pursuant to sub6 section (b)(1); and 

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

8 monitor and enforce such State licensing re9 quirements, including the names of owners and 

10 operators of each covered program that under11 went a site inspection by the State, and a sum12 mary of the results and any actions taken; and 

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

14 is satisfying the requirements of this subsection, in 

15 accordance with a determination made pursuant to 

16 subsection (c), develop policies and procedures to re17 port to the appropriate protection and advocacy sys18 tem any case of the death of an individual under the 

19 control or supervision of a covered program not later 

20 than 48 hours after the State is informed of such 

21 death. 

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

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

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1 ating in the State satisfy the requirements of subsection 

2 (b) unless— 

3 ‘‘(1) the State implements licensing require4 ments for such covered programs that meet or ex5 ceed the standards required under subsection (b)(1); 

6 ‘‘(2) the State designates an agency to be re7 sponsible for monitoring and enforcing compliance 

8 with such licensing requirements; 

9 ‘‘(3) the State conducts unannounced site in10 spections of each location of such covered programs 

11 not less often than once every 2 years; 

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

13 such covered programs, to include information on re14 ports of child abuse and neglect at such programs 

15 (except that such reports shall not contain any per16 sonally identifiable information relating to the iden17 tity of individuals who were the victims of such child 

18 abuse and neglect); 

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

20 sanctions, including fines and suspension and rev21 ocation of licenses against such covered programs 

22 that are out of compliance with the health and safe23 ty licensing requirements under subsection (b)(1); 

24 and 


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

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

3 Residential Programs for Teens Act of 2014, the 

4 Secretary determines the State is appropriately in5 vestigating and responding to allegations of child 

6 abuse and neglect at such covered programs. 

7 ‘‘(d) OVERSIGHT.— 

8 ‘‘(1) IN GENERAL.—Beginning 2 years after the 

9 date of enactment of the Stop Child Abuse in Resi10 dential Programs for Teens Act of 2014, the Sec11 retary shall implement a process for continued moni12 toring of each State that is determined to be satis13 fying the licensing, monitoring, and enforcement re14 quirements of subsection (b), in accordance with a 

15 determination made pursuant to subsection (c), with 

16 respect to the performance of each such State re17 garding— 

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

19 covered programs operating in each such State; 

20 and 

21 ‘‘(B) enforcing the licensing standards de22 scribed in subsection (b)(1). 

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

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

25 a minimum— 


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

2 days after receipt by the Secretary of a report 

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

4 abuse and neglect at a covered program oper5 ating in the State, and submission of findings 

6 to appropriate law enforcement or other local 

7 entity where necessary, if the report indicates— 

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

9 or 

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

11 violations of the standards required under 

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

13 owner or operator of such program; 

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

15 cases of reports of child abuse and neglect in16 vestigated at covered programs operating in the 

17 State to assess the State’s performance with re18 spect to the appropriateness of response to and 

19 investigation of reports of child abuse and ne20 glect at covered programs and the appropriate21 ness of legal actions taken against responsible 

22 parties in such cases; and 

23 ‘‘(C) unannounced site inspections of cov24 ered programs operating in the State to mon25 itor compliance with the standards required 


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

2 Residential Programs for Teens Act of 2014. 

3 ‘‘(3) ENFORCEMENT.—If the Secretary deter4 mines, pursuant to an evaluation under this sub5 section, that a State is not adequately implementing, 

6 monitoring, and enforcing the licensing requirements 

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

8 a period of not less than 1 year, that— 

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

10 of each instance there is a report to be inves11 tigated of child abuse and neglect at a covered 

12 program operating in the State; and 

13 ‘‘(B) the Secretary and the appropriate 

14 local agency shall jointly investigate such re15 port.’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 112(a)(1) of the Child Abuse Prevention and Treatment 

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

19 ‘‘$120,000,000’’ and all that follows through the period 

20 and inserting ‘‘$235,000,000 for each of fiscal years 2015 

21 through 2019.’’. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) COORDINATION WITH AVAILABLE RE24 SOURCES.—Section 103(c)(1)(D) of the Child Abuse 

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


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1 5104(c)(1)(D)) is amended by inserting after ‘‘spe2 cific’’ the following: ‘‘(including reports of child 

3 abuse and neglect occurring at covered programs 

4 (except that such reports shall not contain any per5 sonally identifiable information relating to the iden6 tity of individuals who were the victims of such child 

7 abuse and neglect), as such term is defined in sec8 tion 114)’’. 

9 (2) FURTHER REQUIREMENT.—Section 

10 106(b)(1) of the Child Abuse Prevention and Treat11 ment Act (42 U.S.C. 5106a(b)(1)) is amended by 

12 adding at the end the following new subparagraph: 

13 ‘‘(D) FURTHER REQUIREMENT.—To be eli14 gible to receive a grant under this section, a 

15 State shall comply with the requirements under 

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

17 plan submitted pursuant to subparagraph (A) a 

18 description of the activities the State will carry 

19 out to comply with the requirements under such 

20 section 114(b).’’. 

21 (3) ANNUAL STATE DATA REPORTS.—Section 

22 106(d) of the Child Abuse Prevention and Treat23 ment Act (42 U.S.C. 5106a(d)) is amended— 

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

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


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1 reports of child abuse and neglect occurring at 

2 covered programs (except that such reports 

3 shall not contain any personally identifiable in4 formation relating to the identity of individuals 

5 who were the victims of such child abuse and 

6 neglect), as such term is defined in section 

7 114)’’; and 

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

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

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

11 term is defined in section 114’’. 

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

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

14 5101 note) is amended by inserting after the item relating 

15 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.’’. 

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

17 PROGRAMS. 

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

19 Services shall conduct a study, in consultation with rel20 evant agencies and experts, to examine the outcomes for 

21 children in both private and public covered programs 

22 under this Act (including the amendment made by this 

23 Act) encompassing a broad representation of treatment fa24 cilities and geographic regions. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Secretary of Health and 

3 Human Services shall submit to the Committee on Edu4 cation and the Workforce of the House of Representatives 

5 and the Committee on Health, Education, Labor, and 

6 Pensions of the Senate a report that contains the results 

7 of the study conducted under subsection (a). 

8 SEC. 9. STUDY AND REPORT ON EFFECTIVENESS OF RESI9 DENTIAL TREATMENT PROGRAMS. 

10 (a) STUDY.— 

11 (1) IN GENERAL.—The Comptroller General of 

12 the United States shall conduct a study on the im13 plementation of this Act and the effectiveness of the 

14 covered programs under this Act (including the 

15 amendment made by this Act). 

16 (2) MATTERS TO BE INCLUDED.—The study 

17 shall include all of the following items: 

18 (A) A review of the effectiveness of all 

19 Federal programs to improve conditions and 

20 eliminate child abuse within the covered pro21 grams. 

22 (B) An assessment of the progress made 

23 by States and covered programs to comply with 

24 this Act, including the regulations promulgated 

25 by the Assistant Secretary. 


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1 (C) A review and assessment of the cir2 cumstances of all deaths to program partici3 pants that— 

4 (i) were not caused by natural causes; 

5 and 

6 (ii) occurred while the participants 

7 were in the care of a covered program. 

8 (D) Collection of information on the num9 ber of substantiated reports of child abuse with10 in the covered programs, the nature of the child 

11 abuse involved, and the demographic makeup of 

12 youth served by the covered program. 

13 (E) An assessment of the effectiveness of 

14 the covered programs in reducing recidivism 

15 rates for the youth served by the programs. 

16 (b) CONSULTATION.—The Comptroller General shall 

17 consult with the relevant agencies, experts, and non18 governmental organizations for purposes of conducting the 

19 study. 

20 (c) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Comptroller General shall 

22 submit to the Committee on Education and the Workforce 

23 of the House of Representatives and the Committee on 

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

25 report that contains the results of the study conducted 


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1 under subsection (a) and recommendations to improve 

2 oversight and implementation of this Act. 

Æ 


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