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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1554 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1554

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  prevent later delinquency and improve the health and well-being of 
maltreated infants and toddlers through the development of local Court 
    Teams for Maltreated Infants and Toddlers and the creation of a 
 National Court Teams Resource Center to assist such Court Teams, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2009

   Mr. Harkin (for himself, Mr. Franken, Mr. Kerry, and Mr. Schumer) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
  prevent later delinquency and improve the health and well-being of 
maltreated infants and toddlers through the development of local Court 
    Teams for Maltreated Infants and Toddlers and the creation of a 
 National Court Teams Resource Center to assist such Court Teams, 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 ``Safe Babies Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Children 3 years of age and younger have the highest 
        rates of victimization. Children under the age of 1 are nearly 
        twice as likely as all other children to become victims of 
        child maltreatment while children ages 1 through 3 have the 
        next highest rate of victimization. Children ages 3 and younger 
        are also twice as likely to be placed in foster care as 
        children of any other age. Once placed in foster care, children 
        3 years of age and younger are more likely than older children 
        to be abused and neglected, and they tend to stay in foster 
        care longer than older children.
            (2) Infants and toddlers are the most vulnerable to the 
        effects of maltreatment. Research shows that young children who 
        have experienced physical abuse have lower social competence, 
        show less empathy for others, and have difficulty recognizing 
        others' emotions. They are also more likely than children who 
        have not been maltreated to have deficits in IQ scores, 
        language ability, and school performance.
            (3) Research shows that the human brain increases in weight 
        from 26 percent of its adult weight at birth to 74 percent by 
        the age of 3. During those early years, the brain is developing 
        most of its basic capacity, which substantially predicts future 
        achievement or failure. Therefore, infants and toddlers who 
        have been maltreated and placed in foster care are spending the 
        most critical developmental period in situations that may be 
        detrimental to healthy growth and development.
            (4) Substance abuse is a factor in as many as 67 percent of 
        child maltreatment cases. Every year, more than 2.6 million 
        babies are born to mothers who drank alcohol during pregnancy 
        and 40,000 of those babies are born displaying identifiable 
        birth defects; thousands more suffer ill effects that are not 
        readily apparent. More than 2 million children under 6 live 
        with one or more alcoholic parents. Some 460,000 babies are 
        exposed to illegal drugs in utero each year. Poly drug use is 
        the rule rather than the exception, and users typically ingest 
        alcohol, illegal, and prescription drugs. Thus, while research 
        has identified the effects of prenatal alcohol exposure, it is 
        difficult to ascertain the effects of prenatal exposure to 
        other specific substances (i.e., methamphetamines, cocaine, and 
        other illegal drugs). Alcohol is the only mood altering 
        substance that is used in isolation from others and the effects 
        have been well documented through the literature on fetal 
        alcohol spectrum disorders. Maternal substance abuse during 
        pregnancy affects the health of the baby at birth and in the 
        months and years that follow. It contributes to preterm birth, 
        low birth weight, developmental delays and disabilities. Active 
        substance abuse by parents after birth can create a risk of 
        imminent harm to a child.
            (5) Children under the age of 4 account for 78 percent of 
        child fatalities, and children under the age of 1 account for 
        44 percent of such fatalities.
            (6) Child welfare systems are not meeting the needs of the 
        children who rely on public intervention to protect them. 
        According to the first round of Child and Family Services 
        Reviews completed by the Administration for Children and 
        Families, no State had achieved all of the specified outcomes 
        on the Child and Family Services Review indicators, and all of 
        the States failed to meet the outcome related to the provision 
        of physical and mental health services to children in foster 
        care.
            (7) Judges can be powerful catalysts for change in the way 
        communities address the needs of maltreated infants and 
        toddlers. A project in the Juvenile Court of the Fifth Judicial 
        District of Iowa has combined the leadership of a family court 
        judge with expertise in early childhood development. Such 
        collaboration is currently underway in other local 
        jurisdictions across the country, with many more seeking to 
        create similar projects. These projects are working to ensure 
        that mental health and parenting intervention services are 
        provided for parents and children together.

SEC. 3. COURT TEAMS FOR MALTREATED INFANTS AND TODDLERS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by redesignating part F as part G; and
            (2) by inserting after part E the following new part:

       ``PART F--COURT TEAMS FOR MALTREATED INFANTS AND TODDLERS

``SEC. 271. COURT TEAMS FOR MALTREATED INFANTS AND TODDLERS PROGRAM 
              ESTABLISHED.

    ``The Administrator is authorized to establish a program to create 
and provide technical assistance for local Court Teams for Maltreated 
Infants and Toddlers (referred to in this part as `Court Teams') for 
the purpose of--
            ``(1) promoting the well-being of maltreated infants and 
        toddlers and their families (including the special problems 
        created by substance abuse, particularly alcohol and 
        methamphetamine abuse);
            ``(2) helping to prevent the recurrence of abuse and 
        neglect of children; and
            ``(3) promoting timely reunification of families or other 
        successful permanency outcomes for maltreated infants and 
        toddlers in foster care.

``SEC. 272. NATIONAL COURT TEAMS FOR MALTREATED INFANTS AND TODDLERS 
              RESOURCE CENTER GRANT.

    ``(a) Grant Authorized.--The Administrator shall award a grant for 
the purpose of establishing a National Court Teams for Maltreated 
Infants and Toddlers Resource Center (referred to in this part as the 
National Court Teams Resource Center) to carry out the activities set 
forth in section 273.
    ``(b) Eligibility.--To be eligible to receive the grant described 
in subsection (a), an entity shall be a national early childhood 
development organization, as defined in section 276, working in 
collaboration with a judicial training organization, as defined in 
section 276, that has--
            ``(1) specific expertise in the development of infants and 
        toddlers;
            ``(2) specific expertise in educating judges about child 
        maltreatment;
            ``(3) experience in incorporating the expertise described 
        in paragraphs (1) and (2) into the judicial system to promote 
        change in the way courts address cases involving maltreated 
        infants and toddlers in foster care; and
            ``(4) the capacity--
                    ``(A) to carry out the activities of the National 
                Court Teams Resource Center described in section 273;
                    ``(B) to support the implementation and activities 
                of local Court Teams by providing the assistance 
                required under this part; and
                    ``(C) to manage a competitive grant award process 
                to select local communities wishing to establish a 
                Court Team.
    ``(c) Grant Duration.--The grant awarded under this part shall be--
            ``(1) for a period of 5 years; and
            ``(2) renewable at the discretion of the Administrator.
    ``(d) Application.--
            ``(1) In general.--An early childhood development 
        organization desiring to receive the grant described in 
        subsection (a) shall submit an application to the 
        Administrator, at such time, in such manner, and containing 
        such information as the Administrator may require.
            ``(2) Contents.--Such application shall--
                    ``(A) describe the expertise of the organization 
                and its collaborative partner in infant and toddler 
                development and in judicial training, including any 
                experience relevant to their ability to oversee the 
                implementation of local Court Teams, and their capacity 
                to provide assistance to local Court Teams;
                    ``(B) include a detailed plan describing how the 
                organization and its collaborative partner will 
                establish and maintain the National Court Teams 
                Resource Center, and how they will carry out the 
                activities of such Center, as described in section 273;
                    ``(C) explain the process that will be used to 
                select local Court Teams to receive assistance under 
                this part;
                    ``(D) demonstrate the ability of the organization 
                and its collaborative partner to meet all the selection 
                criteria, including--
                            ``(i) special expertise in the 
                        developmental needs of children 3 years of age 
                        and younger;
                            ``(ii) a demonstrated record of providing 
                        resources to parents and other caregivers 
                        regarding the healthy growth and development of 
                        their children;
                            ``(iii) a demonstrated record of providing 
                        resources for practitioners in the fields of 
                        child development, early child care and 
                        education, family support, pediatrics, child 
                        welfare, juvenile and family courts, and mental 
                        health;
                            ``(iv) extensive knowledge about how 
                        exposure to violence (including domestic 
                        violence, community violence, and child 
                        maltreatment) influences the growth and 
                        development of infants and toddlers;
                            ``(v) a documented history of collaboration 
                        with public and private sector groups working 
                        to improve the lives of maltreated infants and 
                        toddlers, including collaboration with judges 
                        at the local and national level;
                            ``(vi) the capacity to analyze child 
                        welfare policy at the local, State, and 
                        national levels and to offer research-based 
                        solutions to the problems confronting child 
                        welfare systems across the country; and
                            ``(vii) the ability to manage multiple 
                        complex national resource centers and related 
                        activities, including strategic planning, team 
                        building, infrastructure development, training 
                        for multidisciplinary professionals at all 
                        levels, materials development for multiple 
                        audiences in a variety of formats, and 
                        conference planning and delivery at the local, 
                        State, regional, and national levels; and
                    ``(E) include any other information the 
                Administrator may require, including any assurance 
                required by the Administrator that the entity, if 
                selected, will give special consideration to 
                applications that have a significant number of child 
                welfare cases in the jurisdiction of the court over 
                which the qualified judge presides in which substance 
                abuse, and particularly methamphetamine abuse, is 
                involved.
    ``(e) Selection of Grantee.--In considering grant applications 
under this part, the Administrator shall select the early childhood 
development organization working in collaboration with a judicial 
training organization that demonstrates--
            ``(1) the greatest ability to satisfy the criteria 
        described in subsection (d)(4); and
            ``(2) the most extensive experience in addressing the needs 
        of abused and maltreated infants and toddlers through training 
        and technical assistance provided to judges, multidisciplinary 
        professionals and community leaders.

``SEC. 273. NATIONAL COURT TEAMS FOR MALTREATED INFANTS AND TODDLERS 
              RESOURCE CENTER.

    ``(a) General Activities.--The national early childhood development 
organization working in collaboration with a judicial training 
organization that has received the grant authorized under section 272 
shall establish and maintain a National Court Teams Resource Center, to 
carry out the following activities:
            ``(1) Develop and carry out a process for selecting local 
        Court Teams to receive assistance under this part that shall 
        include--
                    ``(A) outreach to identify jurisdictions or 
                communities wishing to establish Court Teams;
                    ``(B) letters of commitment to participate in a 
                Court Team project containing the items described in 
                section 274(a);
                    ``(C) a provision allowing for exceptions for 
                alternative models of leadership to that described in 
                section 274(a) if such leadership would be more 
                appropriate for meeting community needs and the 
                services of the Court Team are made available to local 
                judges; and
                    ``(D) in selecting jurisdictions to participate, 
                ensuring diversity of geographic location, population 
                density, and types of problems affecting the child 
                welfare population.
            ``(2) Conduct national meetings and training sessions for 
        local Court Teams.
            ``(3) Develop a database that shall be--
                    ``(A) available to each local Court Team to track 
                such Court Team's progress; and
                    ``(B) used by the National Court Teams Resource 
                Center to facilitate continuous improvement of the 
                local Court Teams receiving assistance under this part.
            ``(4) Develop materials to guide qualified judges in the 
        decisionmaking process regarding maltreated infants and 
        toddlers, and to train members of local Court Teams and others 
        in the community regarding the appropriate care of maltreated 
        infants and toddlers, including the importance of--
                    ``(A) placement stability;
                    ``(B) frequent parent-child visitation;
                    ``(C) services to reduce the recurrence of abuse 
                and neglect;
                    ``(D) services to monitor and improve the health 
                and well-being of infants and toddlers in foster care;
                    ``(E) timely permanent placement;
                    ``(F) concurrent planning; and
                    ``(G) implementing a comprehensive service delivery 
                plan addressing the needs of children and parents at 
                the proximate time of the child(ren)'s removal from the 
                care of their biological parents.
            ``(5) Provide information to communities and courts around 
        the country seeking to adopt the Court Teams approach, 
        including information related to--
                    ``(A) the incorporation of knowledge about infant 
                and toddler development into the resolution of cases by 
                judges with jurisdiction over children in foster care; 
                and
                    ``(B) methods to change State and local government 
                systems to better address the needs of infants and 
                toddlers in foster care and their families.
            ``(6) Any other activity necessary to provide the 
        assistance required under subsection (b).
    ``(b) Assistance to Local Court Teams.--Assistance provided to 
local Court Teams by the National Court Teams Resource Center shall 
include--
            ``(1) providing direction, coordination, and oversight of 
        the implementation of local Court Teams, as needed;
            ``(2) providing a local Community Coordinator for each 
        local Court Team, who shall--
                    ``(A) serve as a resource for child development 
                expertise for the local Court Team; and
                    ``(B) promote coordination (in the jurisdiction of 
                the court over which the Judicial Leader presides) 
                between--
                            ``(i) community agencies that serve infants 
                        and toddlers and their families; and
                            ``(ii) providers of resources to support 
                        maltreated infants and toddlers and their 
                        families;
            ``(3) providing training and technical assistance to local 
        Court Teams, including--
                    ``(A) individual consultation;
                    ``(B) networking assistance;
                    ``(C) development and dissemination of training 
                materials, including fact sheets, template forms, and 
                sample operational materials developed for local Court 
                Teams; and
                    ``(D) training for local Court Teams related to--
                            ``(i) the impact of abuse and neglect on 
                        infants and toddlers; and
                            ``(ii) improved decisionmaking by courts 
                        regarding maltreated infants and toddlers to 
                        reduce the recurrence of abuse and neglect and 
                        improve developmental outcomes; and
            ``(4) organizing local training for community members of 
        jurisdictions in which local Court Teams are located, which 
        shall relate to the particular needs of infants and toddlers 
        exposed to maltreatment and trauma, including topics such as--
                    ``(A) general infant and toddler development;
                    ``(B) the impact of abuse and neglect on 
                development;
                    ``(C) a continuum of relationship-based mental 
                health services for parents and children together;
                    ``(D) best practices in parent-child contact 
                (visitation);
                    ``(E) evidence-based parenting interventions; and
                    ``(F) services available to foster children in the 
                community.

``SEC. 274. LOCAL COURT TEAMS FOR MALTREATED INFANTS AND TODDLERS 
              ESTABLISHED.

    ``(a) Eligibility and Letter of Commitment.--An entity eligible for 
receiving assistance made available under this part shall consist of at 
least 1 qualified judge to serve as Judicial Leader of the Court Team 
together with an official of the local child welfare agency who submit 
a letter of commitment to participate in the Court Team project 
including the following information:
            ``(1) A commitment to work with the Community Coordinator 
        provided through the National Court Teams Resource Center, to 
        form a team of community agencies serving infants and toddlers 
        and their families in the jurisdiction, and carry out the 
        activities set forth in this section.
            ``(2) In the case of a community applying for an exception 
        under section 273(a)(1)(C), a description of the proposed 
        alternative leadership model, the reasons such a model better 
        meets community needs, and the manner in which the services of 
        the Court Team will be made available to a court presided over 
        by a qualified judge.
            ``(3) A description of the population of maltreated infants 
        and toddlers in the community within the jurisdiction of the 
        court over which the qualified judge presides, including--
                    ``(A) any problems contributing to the placement of 
                maltreated infants and toddlers under the supervision 
                of the court (including the impact of parental 
                substance abuse, and particularly methamphetamine 
                abuse); and
                    ``(B) any challenges faced by the court in making 
                decisions that are in the best interests of such 
                maltreated infants and toddlers.
            ``(4) Information regarding the jurisdiction's previous 
        efforts, if any, of implementing best practices through 
        participation in local or national court improvement 
        initiatives; and
            ``(5) Any additional information required by the National 
        Court Teams Resource Center.
    ``(b) Required Activities.--A local Court Team receiving assistance 
under this part shall carry out the following activities:
            ``(1) Conduct monthly case reviews of each case handled by 
        the local Court Team, in which all individuals and 
        organizations involved in a case meet to review progress in 
        such case, and to monitor and track referral to, delivery of, 
        and barriers to, services for maltreated infants and toddlers 
        and their families.
            ``(2) Implement best practices in child welfare cases 
        including concurrent planning, reducing placement changes, 
        frequent child-parent contact, comprehensive service delivery 
        plans at the time of removal, pre-removal conferences, and 
        kinship placements.
            ``(3) Incorporate child-focused services into case plans 
        for maltreated infants and toddlers, including services such as 
        medical, developmental, and mental health interventions and, as 
        appropriate, services for children and parents together.
            ``(4) Organize the provision of local training (provided by 
        the National Court Teams Resource Center) to community members 
        of the jurisdiction in which the local Court Team is located, 
        including court officials, child welfare agencies, attorneys, 
        Guardians Ad Litem, court-appointed special advocates, and 
        other individuals and organizations providing services to 
        infants and toddlers in foster care.
            ``(5) Identify areas in the community in need of improved 
        mental health and substance abuse treatment, and assist the 
        National Court Teams Resource Center in improving mental health 
        treatment for parents and children together, and substance 
        abuse treatment for families (including mothers and children), 
        as needed.
            ``(6) Prioritize after-care services that connect families 
        to their communities after their discharge from formal child 
        welfare system involvement.
            ``(7) Utilize resource materials disseminated by the 
        National Court Teams Resource Center to guide judges in the 
        decisionmaking process regarding maltreated infants and 
        toddlers, and to provide training for Court Team members.
            ``(8) Participate in the national evaluation conducted by 
        the Administrator in accordance with section 275, to determine 
        the extent to which the activities of the local Court Team 
        reduce the recurrence of abuse and neglect and improve health 
        and developmental outcomes for maltreated infants and toddlers.
    ``(c) Permissible Activities.--A local Court receiving assistance 
under this part may carry out the following activities:
            ``(1) Developing processes for responding to parental 
        substance abuse, such as--
                    ``(A) coordinating with local law enforcement 
                agencies to allow rapid response teams to intervene 
                quickly on behalf of infants and toddlers who are 
                identified by law enforcement personnel as being 
                present during illegal activities related to 
                methamphetamines or other illegal substances; and
                    ``(B) establishing and maintaining relationships 
                with substance abuse treatment programs to increase 
                access to treatment for parents of maltreated infants 
                and toddlers.
            ``(2) Identifying community needs related to early 
        childhood mental health services, and meeting those needs by 
        utilizing training provided by the National Court Teams for 
        Infants and Toddlers Resource Center on child-parent 
        psychotherapy.
            ``(3) Any other activities that help meet the needs and 
        improve the health and developmental outcomes of maltreated 
        infants and toddlers in foster care.

``SEC. 275. DATA COLLECTION, REPORTS, AND EVALUATIONS.

    ``(a) Data Collection and Reports.--The National Court Teams 
Resource Center shall--
            ``(1) establish a uniform data collection system that shall 
        be used to periodically collect from local Court Teams data 
        related to the operation and outcomes of the projects;
            ``(2) compile such data annually and report to the 
        Administrator; and
            ``(3) in devising such data collection system, consult with 
        the organization awarded a contract under subsection (b).
    ``(b) Evaluation.--The Administrator shall conduct a national 
evaluation over the course of the grant period of the effectiveness of 
local Court Teams in--
            ``(1) linking children and families to appropriate services 
        and supports that expedite permanency and assist families in 
        successful child-rearing following case closure;
            ``(2) reducing the recurrence of abuse and neglect;
            ``(3) promoting timely permanent placements of maltreated 
        infants and toddlers; and
            ``(4) reducing costs through system improvements.
    ``(c) Reports to Congress by the Administrator.--At the end of the 
3-year period beginning on the date of the enactment of this part, and 
again at the end of the 5-year period beginning on such date of 
enactment, the Administrator shall submit a report to Congress 
addressing the implementation and effectiveness of the Court Teams, 
including--
            ``(1) a compilation of the data on local Court Teams 
        included in the annual report from the National Court Teams 
        Resource Center; and
            ``(2) interim or final results from the national evaluation 
        of Court Teams.

``SEC. 276. DEFINITIONS.

    ``For the purposes of this part:
            ``(1) Court-appointed special advocate.--The term `court-
        appointed special advocate' means an individual who is trained 
        by a recognized court-appointed special advocate program and 
        appointed by a court to advocate for the best interests of 
        children who come into the court system primarily as a result 
        of abuse or neglect.
            ``(2) Court improvement program.--The term `Court 
        Improvement Program' means a program authorized under section 
        438 of the Social Security Act (42 U.S.C. 629h).
            ``(3) Guardian ad litem.--The term `Guardian Ad Litem' 
        means an attorney or court-appointed special advocate who is 
        appointed by a court to advocate for the best interests of 
        children who come into the court system primarily as a result 
        of abuse or neglect.
            ``(4) Judicial education organization.--The term `judicial 
        education organization' means an organization whose mission 
        includes the provision of training and technical assistance to 
        juvenile and family court judges.
            ``(5) Kinship placement.--The term `kinship placement' 
        means placement of a child with members of the child's extended 
        family, biologically or emotionally related to the child.
            ``(6) Maltreated infant or toddler.--The term `maltreated 
        infant or toddler' means any child 3 years of age or younger 
        who is the victim of a substantiated case of physical abuse, 
        neglect, medical neglect, sexual abuse, or emotional abuse.
            ``(7) National early childhood development organization.--
        The term `national early childhood development organization' 
        means a national nonprofit organization--
                    ``(A) that is dedicated to supporting the healthy 
                development and well-being of infants, toddlers, and 
                their families; and
                    ``(B) that has the capacity for research, training, 
                information dissemination, and leadership development 
                in all of the professional disciplines related to 
                infants and toddlers 3 years of age and younger.
            ``(8) Qualified judge.--The term `qualified judge' means a 
        judge who presides over a court that has jurisdiction over 
        children in foster care, such as a judge for a dependency, 
        juvenile, or family court.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) in subsection (a)--
                    (A) in the header, by striking ``Parts C and E)'' 
                and inserting ``Parts C, E, and F)''; and
                    (B) in paragraph (2), by striking ``parts C and 
                E)'' and inserting ``parts C, E, and F)'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Authorization of Appropriations for Part F.--There are 
authorized to be appropriated to carry out part F $5,000,000 for each 
of fiscal years 2010, 2011, 2012, 2013, and 2014.''.
                                 <all>
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