II

104TH CONGRESS

1ST SESSION S. 919

To modify and reauthorize the Child Abuse Prevention and Treatment Act,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 13 (legislative day, JUNE 5), 1995

Mr. COATS (for himself and Mrs. KASSEBAUM) introduced the following bill;

which was read twice and referred to the Committee on Labor and

Human Resources

A BILL

To modify and reauthorize the Child Abuse Prevention and

Treatment Act, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Child Abuse Prevention and Treatment Act Amendments

6 of 1995’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GENERAL PROGRAM
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Sec. 101. Reference.

Sec. 102. Findings.

Sec. 103. Office of Child Abuse and Neglect.

Sec. 104. Advisory Board on Child Abuse and Neglect.

Sec. 105. Repeal of Interagency Task Force.

Sec. 106. National Clearinghouse for Information Relating to Child Abuse.

Sec. 107. Research and assistance activities.

Sec. 108. Grants for demonstration programs.

Sec. 109. State grants for prevention and treatment programs.

Sec. 110. Repeal.

Sec. 111. Definitions.

Sec. 112. Authorization of appropriations.

Sec. 113. Rule of construction.

TITLE II—COMMUNITY-BASED CHILD ABUSE AND NEGLECT

PREVENTION GRANTS

Sec. 201. Establishment of program.

Sec. 202. Repeals.

TITLE III—FAMILY VIOLENCE PREVENTION AND SERVICES

Sec. 301. Reference.

Sec. 302. State demonstration grants.

Sec. 303. Allotments.

Sec. 304. Authorization of appropriations.

TITLE IV—ADOPTION OPPORTUNITIES

Sec. 401. Reference.

Sec. 402. Findings and purpose.

Sec. 403. Information and services.

Sec. 404. Authorization of appropriations.

TITLE V—ABANDONED INFANTS ASSISTANCE ACT OF 1986

Sec. 501. Reauthorization.

TITLE VI—REAUTHORIZATION OF VARIOUS PROGRAMS

Sec. 601. Missing Children’s Assistance Act.

Sec. 602. Victims of Child Abuse Act of 1990.

1 TITLE I—GENERAL PROGRAM

2 SEC. 101. REFERENCE.

3 Except as otherwise expressly provided, whenever in

4 this title an amendment or repeal is expressed in terms

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a
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1 section or other provision of the Child Abuse Prevention

2 and Treatment Act (42 U.S.C. 5101 et seq.).

3 SEC. 102. FINDINGS.

4 Section 2 (42 U.S.C. 5101 note) is amended—

5 (1) in paragraph (1), to read as follows:

6 ‘‘(1) each year, close to 1,000,000 American

7 children are victims of abuse and neglect;’’;

8 (2) in paragraph (3)(C), by inserting ‘‘assess9 ment,’’ after ‘‘prevention,’’;

10 (3) in paragraph (4)—

11 (A) by striking ‘‘tens of’’; and

12 (B) by striking ‘‘direct’’ and all that fol13 lows through the semicolon and inserting ‘‘tan14 gible expenditures, as well as significant intan15 gible costs;’’;

16 (4) in paragraph (7), by striking ‘‘remedy the

17 causes of’’ and inserting ‘‘prevent’’;

18 (5) in paragraph (8), by inserting ‘‘safety,’’

19 after ‘‘fosters the health,’’;

20 (6) in paragraph (10)—

21 (A) by striking ‘‘ensure that every commu22 nity in the United States has’’ and inserting

23 ‘‘assist States and communities with’’; and

24 (B) by inserting ‘‘and family’’ after ‘‘com25 prehensive child’’; and
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1 (7) in paragraph (11)—

2 (A) by striking ‘‘child protection’’ each

3 place that such appears and inserting ‘‘child

4 and family protection’’; and

5 (B) in subparagraph (D), by striking ‘‘suf6 ficient’’.

7 SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.

8 Section 101 (42 U.S.C. 5101) is amended to read as

9 follows:

10 ‘‘SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.

11 ‘‘(a) ESTABLISHMENT.—The Secretary of Health

12 and Human Services may establish an office to be known

13 as the Office on Child Abuse and Neglect.

14 ‘‘(b) PURPOSE.—The purpose of the Office estab15 lished under subsection (a) shall be to execute and coordi16 nate the functions and activities of this Act. In the event

17 that such functions and activities are performed by an18 other entity or entities within the Department of Health

19 and Human Services, the Secretary shall ensure that such

20 functions and activities are executed with the necessary

21 expertise and in a fully coordinated manner involving reg22 ular intradepartmental and interdepartmental consulta23 tion with all agencies involved in child abuse and neglect

24 activities.’’.
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1 SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NE2 GLECT.

3 Section 102 (42 U.S.C. 5102) is amended to read as

4 follows:

5 ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NE6 GLECT.

7 ‘‘(a) APPOINTMENT.—The Secretary may appoint an

8 advisory board to make recommendations to the Secretary

9 and to the appropriate committees of Congress concerning

10 specific issues relating to child abuse and neglect.

11 ‘‘(b) SOLICITATION OF NOMINATIONS.—The Sec12 retary shall publish a notice in the Federal Register solic13 iting nominations for the appointment of members of the

14 advisory board under subsection (a).

15 ‘‘(c) COMPOSITION.—In establishing the board under

16 subsection (a), the Secretary shall appoint members from

17 the general public who are individuals knowledgeable in

18 child abuse and neglect prevention, intervention, treat19 ment, or research, and with due consideration to represen20 tation of ethnic or racial minorities and diverse geographic

21 areas, and who represent—

22 ‘‘(1) law (including the judiciary);

23 ‘‘(2) psychology (including child development);

24 ‘‘(3) social services (including child protective

25 services);

26 ‘‘(4) medicine (including pediatrics);
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1 ‘‘(5) State and local government;

2 ‘‘(6) organizations providing services to disabled

3 persons;

4 ‘‘(7) organizations providing services to adoles5 cents;

6 ‘‘(8) teachers;

7 ‘‘(9) parent self-help organizations;

8 ‘‘(10) parents’ groups;

9 ‘‘(11) voluntary groups; and

10 ‘‘(12) family rights groups.

11 ‘‘(d) VACANCIES.—Any vacancy in the membership of

12 the board shall be filled in the same manner in which the

13 original appointment was made.

14 ‘‘(e) ELECTION OF OFFICERS.—The board shall elect

15 a chairperson and vice-chairperson at its first meeting

16 from among the members of the board.

17 ‘‘(f) DUTIES.—Not later than 1 year after the estab18 lishment of the board under subsection (a), the board shall

19 submit to the Secretary and the appropriate committees

20 of Congress a report, or interim report, containing—

21 ‘‘(1) recommendations on coordinating Federal,

22 State, and local child abuse and neglect activities

23 with similar activities at the Federal, State, and

24 local level pertaining to family violence prevention;
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1 ‘‘(2) specific modifications needed in Federal

2 and State laws and programs to reduce the number

3 of unfounded or unsubstantiated reports of child

4 abuse or neglect while enhancing a more focused at5 tention to legitimate cases of abuse or neglect which

6 place a child in danger; and

7 ‘‘(3) recommendations for modifications needed

8 to facilitate coordinated national data collection with

9 respect to child protection and child welfare.’’.

10 SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.

11 Section 103 (42 U.S.C. 5103) is repealed.

12 SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION

13 RELATING TO CHILD ABUSE.

14 Section 104 (42 U.S.C. 5104) is amended—

15 (1) in subsection (a), to read as follows:

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall through

17 the Department, or by one or more contract of not less

18 than 3 years duration let through a competition, establish

19 a national clearinghouse for information relating to child

20 abuse.’’;

21 (2) in subsection (b)—

22 (A) in the matter preceding paragraph (1),

23 by striking ‘‘Director’’ and inserting ‘‘Sec24 retary’’;

25 (B) in paragraph (1)—
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1 (i) by inserting ‘‘assessment,’’ after

2 ‘‘prevention,’’; and

3 (ii) by striking ‘‘, including’’ and all

4 that follows through ‘‘105(b)’’ and insert5 ing ‘‘and’’;

6 (C) in paragraph (2)—

7 (i) in subparagraph (A), by striking

8 ‘‘general population’’ and inserting ‘‘Unit9 ed States’’;

10 (ii) in subparagraph (B), by adding

11 ‘‘and’’ at the end thereof;

12 (iii) in subparagraph (C), by striking

13 ‘‘; and’’ at the end thereof and inserting a

14 period; and

15 (iv) by striking subparagraph (D);

16 and

17 (D) by striking paragraph (3); and

18 (3) in subsection (c)—

19 (A) in the matter preceding paragraph (1),

20 by striking ‘‘Director’’ and inserting ‘‘Sec21 retary’’;

22 (B) in paragraph (2), by striking ‘‘that is

23 represented on the task force’’ and inserting

24 ‘‘involved with child abuse and neglect and

25 mechanisms for the sharing of such information
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1 among other Federal agencies and clearing2 houses’’;

3 (C) in paragraph (3), by striking ‘‘State,

4 regional’’ and all that follows and inserting the

5 following: ‘‘Federal, State, regional, and local

6 child welfare data systems which shall include:

7 ‘‘(A) standardized data on false, un8 founded, unsubstantiated, or substantiated re9 ports; and

10 ‘‘(B) information on the number of deaths

11 due to child abuse and neglect;’’;

12 (D) by redesignating paragraph (4) as

13 paragraph (6); and

14 (E) by inserting after paragraph (3), the

15 following new paragraphs:

16 ‘‘(4) through a national data collection and

17 analysis program and in consultation with appro18 priate State and local agencies and experts in the

19 field, collect, compile, and make available, State

20 child abuse and neglect reporting information which,

21 to the extent practical, shall be universal and case

22 specific, and integrated with other case-based foster

23 care and adoption data collected by the Secretary;
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1 ‘‘(5) compile, analyze, and publish a summary

2 of the research conducted under section 105(a);

3 and’’.

4 SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE AC5 TIVITIES.

6 (a) RESEARCH.—Section 105(a) (42 (42 U.S.C.

7 5105(a)) is amended—

8 (1) in the section heading, by striking ‘‘OF

9 THE NATIONAL CENTER ON CHILD ABUSE

10 AND NEGLECT’’;

11 (2) in paragraph (1)—

12 (A) in the matter preceding subparagraph

13 (A), by striking ‘‘, through the Center, conduct

14 research on’’ and inserting ‘‘carry out a con15 tinuing interdisciplinary program of research

16 that is designed to provide information needed

17 to better protect children from abuse or neglect

18 and to improve the well-being of abused or ne19 glected children, with at least a portion of such

20 research being field initiated. Such research

21 program may focus on’’;

22 (B) by redesignating subparagraphs (A)

23 through (C) as subparagraph (B) through (D),

24 respectively;
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1 (C) by inserting before subparagraph (B)

2 (as so redesignated) the following new subpara3 graph:

4 ‘‘(A) the nature and scope of child abuse

5 and neglect;’’;

6 (D) in subparagraph (B) (as so redesig7 nated), by striking ‘‘identification treatment

8 and cultural’’ and inserting ‘‘causes, prevention,

9 assessment, identification, treatment, cultural

10 and socio-economic distinctions, and the con11 sequences of child abuse and neglect’’;

12 (E) in subparagraph (D) (as so redesig13 nated)—

14 (i) by striking clause (ii); and

15 (ii) in clause (iii), to read as follows:

16 ‘‘(ii) the incidence of substantiated

17 and unsubstantiated reported child abuse

18 cases;

19 ‘‘(iii) the number of substantiated

20 cases that result in a legal finding of child

21 abuse or neglect or related criminal court

22 convictions;

23 ‘‘(iv) the extent to which the number

24 of unsubstantiated, unfounded and false

25 reported cases of child abuse or neglect
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1 have contributed to the inability of a State

2 to respond effectively to serious cases of

3 child abuse or neglect;

4 ‘‘(v) the number of unsubstantiated,

5 false, or unfounded reports that have re6 sulted in a child being placed on substitute

7 care, and the duration of such placement;

8 ‘‘(vi) the extent to which unsubstan9 tiated reports return as more serious cases

10 of child abuse or neglect;

11 ‘‘(vii) the incidence and prevalence of

12 physical, sexual, and emotional abuse and

13 physical and emotional neglect in sub14 stitute care; and

15 ‘‘(viii) the incidence and outcomes of

16 abuse allegations reported within the con17 text of divorce, custody, or other family

18 court proceedings, and the interaction be19 tween this venue and the child protective

20 services system.’’; and

21 (3) in paragraph (2)—

22 (A) in subparagraph (A)—

23 (i) by striking ‘‘and demonstrations’’;

24 and
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1 (ii) by striking ‘‘paragraph (1)(A) and

2 activities under section 106’’ and inserting

3 ‘‘paragraph (1)’’; and

4 (B) in subparagraph (B), by striking ‘‘and

5 demonstration’’.

6 (b) REPEAL.—Subsection (b) of section 105 (42

7 U.S.C. 5105(b)) is repealed.

8 (c) TECHNICAL ASSISTANCE.—Section 105(c) (42

9 U.S.C. 5105(c)) is amended—

10 (1) by striking ‘‘The Secretary’’ and inserting:

11 ‘‘(1) IN GENERAL.—The Secretary’’;

12 (2) by striking ‘‘, through the Center,’’;

13 (3) by inserting ‘‘State and local’’ before ‘‘pub14 lic and nonprofit’’;

15 (4) by inserting ‘‘assessment,’’ before ‘‘identi16 fication’’; and

17 (5) by adding at the end thereof the following

18 new paragraphs:

19 ‘‘(2) EVALUATION.—Such technical assistance

20 may include an evaluation or identification of—

21 ‘‘(A) various methods and procedures for

22 the investigation, assessment, and prosecution

23 of child physical and sexual abuse cases;

24 ‘‘(B) resultant ways to mitigate psycho25 logical trauma to the child victim; and
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1 ‘‘(C) effective programs carried out by the

2 States under titles I and III.

3 ‘‘(3) DISSEMINATION.—The Secretary may pro4 vide for and disseminate information relating to var5 ious training resources available at the State and

6 local level to—

7 ‘‘(A) individuals who are engaged, or who

8 intend to engage, in the prevention, identifica9 tion, and treatment of child abuse and neglect;

10 and

11 ‘‘(B) to appropriate State and local offi12 cials to assist in training law enforcement,

13 legal, judicial, medical, mental health, edu14 cation, and child welfare personnel in appro15 priate methods of interacting during investiga16 tive, administrative, and judicial proceedings

17 with children who have been subjected to

18 abuse.’’.

19 (d) GRANTS AND CONTRACTS.—Section 105(d)(2)

20 (42 U.S.C. 5105(d)(2)) is amended by striking the second

21 sentence.

22 (e) PEER REVIEW.—Section 105(e) (42 U.S.C.

23 5105(e)) is amended—

24 (1) in paragraph (1)—
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1 (A) in subparagraph (A), by striking ‘‘and

2 contracts’’; and

3 (B) in subparagraph (B)—

4 (i) by striking ‘‘shall’’ and inserting

5 ‘‘may’’; and

6 (ii) by striking ‘‘Office of Human De7 velopment’’ and inserting ‘‘Administration

8 on Children and Families’’; and

9 (2) in paragraph (2), by striking ‘‘, contract, or

10 other financial assistance’’.

11 SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

12 Section 106 (42 U.S.C. 5106) is amended—

13 (1) in the section heading, by striking ‘‘OR

14 SERVICE’’;

15 (2) in subsection (a), by striking paragraph (1)

16 and inserting the following new paragraph:

17 ‘‘(1) DEMONSTRATION PROGRAMS AND

18 PROJECTS.—The Secretary may make grants to, and

19 enter into contracts with, public agencies or non20 profit private agencies or organizations (or combina21 tions of such agencies or organizations) for time lim22 ited, research based demonstration programs and

23 projects for the following purposes:
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1 ‘‘(A) TRAINING PROGRAMS.—The Sec2 retary may award grants to public or private

3 non-profit organizations under this section—

4 ‘‘(i) for the training of professional

5 and paraprofessional personnel in the

6 fields of medicine, law, education, social

7 work, and other relevant fields who are en8 gaged in, or intend to work in, the field of

9 prevention, identification, and treatment of

10 child abuse and neglect;

11 ‘‘(ii) to provide culturally specific in12 struction in methods of protecting children

13 from child abuse and neglect to children

14 and to persons responsible for the welfare

15 of children, including parents of and per16 sons who work with children with disabil17 ities;

18 ‘‘(iii) to improve the recruitment, se19 lection, and training of volunteers serving

20 in private and public nonprofit children,

21 youth and family service organizations in

22 order to prevent child abuse and neglect

23 through collaborative analysis of current

24 recruitment, selection, and training pro25 grams and development of model programs
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1 for dissemination and replication nation2 ally; and

3 ‘‘(iv) for the establishment of resource

4 centers for the purpose of providing infor5 mation and training to professionals work6 ing in the field of child abuse and neglect.

7 ‘‘(B) MUTUAL SUPPORT PROGRAMS.—The

8 Secretary may award grants to private non9 profit organizations (such as Parents Anony10 mous) to establish or maintain a national net11 work of mutual support and self-help programs

12 as a means of strengthening families in part13 nership with their communities.

14 ‘‘(C) OTHER INNOVATIVE PROGRAMS AND

15 PROJECTS.—

16 ‘‘(i) IN GENERAL.—The Secretary

17 may award grants to public agencies that

18 demonstrate innovation in responding to

19 reports of child abuse and neglect includ20 ing programs of collaborative partnerships

21 between the State child protective service

22 agency, community social service agencies

23 and family support programs, schools,

24 churches and synagogues, and other com-
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1 munity agencies to allow for the establish2 ment of a triage system that—

3 ‘‘(I) accepts, screens and assesses

4 reports received to determine which

5 such reports require an intensive

6 intervention and which require vol7 untary referral to another agency,

8 program or project;

9 ‘‘(II) provides, either directly or

10 through referral, a variety of commu11 nity-linked services to assist families

12 in preventing child abuse and neglect;

13 and

14 ‘‘(III) provides further investiga15 tion and intensive intervention where

16 the child’s safety is in jeopardy.

17 ‘‘(ii) PREFERRED PLACEMENT.—The

18 Secretary may award grants to public enti19 ties to assist such entities in developing or

20 implementing procedures protecting the

21 rights of families, using adult relatives as

22 the preferred placement for children re23 moved from their home, where such rel24 atives are determined to be capable of pro25 viding a safe environment for the child or
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1 where such relatives comply with the State

2 child protection standards.’’; and

3 (3) by adding at the end thereof the following

4 new subsection:

5 ‘‘(d) EVALUATION.—In making grants for dem6 onstration projects under this section, the Secretary shall

7 require all such projects to be evaluated for their effective8 ness. Funding for such evaluations shall be provided either

9 as a stated percentage of a demonstration grant or as a

10 separate grant entered into by the Secretary for the pur11 pose of evaluating a particular demonstration project or

12 group of projects.’’.

13 SEC. 109. STATE GRANTS FOR PREVENTION AND TREAT14 MENT PROGRAMS.

15 Section 107 (42 U.S.C. 5107) is amended to read as

16 follows:

17 ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NE18 GLECT PREVENTION AND TREATMENT PRO19 GRAMS.

20 ‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The

21 Secretary shall make grants to the States, based on the

22 population of children under the age of 18 in each State

23 that applies for a grant under this section, for purposes

24 of assisting the States in improving the child protective

25 service system of each such State in—
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1 ‘‘(1) the intake, assessment, screening, and in2 vestigation of reports of abuse and neglect;

3 ‘‘(2)(A) creating and improving the use of mul4 tidisciplinary teams and interagency protocols to en5 hance investigations; and

6 ‘‘(B) improving legal preparation and represen7 tation, including—

8 ‘‘(i) procedures for appealing and respond9 ing to appeals of substantiated reports of abuse

10 and neglect; and

11 ‘‘(ii) provisions for the appointment of a

12 guardian ad litem.

13 ‘‘(3) case management and delivery of services

14 provided to children and their families;

15 ‘‘(4) enhancing the general child protective sys16 tem by improving risk and safety assessment tools

17 and protocols, automation systems that support the

18 program and track reports of child abuse and ne19 glect from intake through final disposition and infor20 mation referral systems;

21 ‘‘(5) developing, strengthening, and facilitating

22 training opportunities and requirements for individ23 uals overseeing and providing services to children

24 and their families through the child protection sys25 tem;
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1 ‘‘(6) developing and facilitating training proto2 cols for individuals mandated to report child abuse

3 or neglect;

4 ‘‘(7) developing, strengthening, and supporting

5 child abuse and neglect prevention, treatment, and

6 research programs in the public and private sectors;

7 or

8 ‘‘(8) developing, implementing, or operating—

9 ‘‘(A) information and education programs

10 or training programs designed to improve the

11 provision of services to disabled infants with

12 life-threatening conditions for—

13 ‘‘(i) professional and paraprofessional

14 personnel concerned with the welfare of

15 disabled infants with life-threatening con16 ditions, including personnel employed in

17 child protective services programs and

18 health-care facilities; and

19 ‘‘(ii) the parents of such infants;

20 ‘‘(B) programs to enhance the capacity of

21 community-based programs to integrate shared

22 leadership strategies between parents and pro23 fessionals to prevent and treat child abuse and

24 neglect at the neighborhood level; and
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1 ‘‘(C) programs to assist in obtaining or co2 ordinating necessary services for families of dis3 abled infants with life-threatening conditions,

4 including—

5 ‘‘(i) existing social and health services;

6 ‘‘(ii) financial assistance; and

7 ‘‘(iii) services necessary to facilitate

8 adoptive placement of any such infants

9 who have been relinquished for adoption.

10 ‘‘(b) COMPLIANCE AND EDUCATION GRANTS.—The

11 Secretary is authorized to make grants to the States for

12 purposes of developing, implementing, or operating—

13 ‘‘(1) the procedures or programs required under

14 subsection (b)(2);

15 ‘‘(2) procedures or programs designed to im16 prove the provision of services to disabled infants

17 with life-threatening conditions for—

18 ‘‘(A) professional and paraprofessional per19 sonnel concerned with the welfare of disabled

20 infants with life-threatening conditions, includ21 ing personnel employed in child protective serv22 ices programs and health-care facilities; and

23 ‘‘(B) the parents of such infants; and
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1 ‘‘(3) programs to assist in obtaining or coordi2 nating necessary services for families of disabled in3 fants with life-threatening conditions, including—

4 ‘‘(A) existing social and health services;

5 ‘‘(B) financial assistance; and

6 ‘‘(C) services necessary to facilitate adop7 tive placement of any such infants who have

8 been relinquished for adoption.

9 ‘‘(c) ELIGIBILITY REQUIREMENTS.—In order for a

10 State to qualify for a grant under subsection (a), such

11 State shall provide an assurance or certification, signed

12 by the chief executive officer of the State, that the State—

13 ‘‘(1) has in effect and operation a State law or

14 Statewide program relating to child abuse and ne15 glect which ensures—

16 ‘‘(A) provisions or procedures for the re17 porting of known and suspected instances of

18 child abuse and neglect; and

19 ‘‘(B) procedures for the immediate screen20 ing, safety assessment, and prompt investiga21 tion of such reports;

22 ‘‘(C) procedures for immediate steps to be

23 taken to ensure and protect the safety of the

24 abused or neglected child and of any other child
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1 under the same care who may also be in danger

2 of physical abuse or neglect;

3 ‘‘(D) provisions for immunity from pros4 ecution under State and local laws and regula5 tions for individuals making good faith reports

6 of suspected or known instances of child abuse

7 or neglect;

8 ‘‘(E) methods to preserve the confidential9 ity of all records in order to protect the rights

10 of the child and of the child’s parents or guard11 ians, including methods to ensure that disclo12 sure (and redisclosure) of information concern13 ing child abuse or neglect involving specific in14 dividuals is made only to persons or entities

15 that the State determines have a need for such

16 information directly related to the purposes of

17 this Act;

18 ‘‘(F) requirements for the prompt disclo19 sure of all relevant information to any Federal,

20 State, or local governmental entity, or any

21 agent of such entity, with a need for such infor22 mation in order to carry out its responsibilities

23 under law to protect children from abuse and

24 neglect;
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1 ‘‘(G) the cooperation of law enforcement

2 officials, court of competent jurisdiction, and

3 appropriate State agencies providing human

4 services;

5 ‘‘(H) provisions requiring, and procedures

6 in place that facilitate the prompt expungement

7 of any records that are accessible to the general

8 public or are used for purposes of employment

9 or other background checks in cases determined

10 to be unsubstantiated or false, except that noth11 ing in this section shall prevent State child pro12 tective service agencies from keeping informa13 tion on unsubstantiated reports in their case14 work files to assist in future risk assessment;

15 and

16 ‘‘(I) provisions and procedures requiring

17 that in every case involving an abused or ne18 glected child which results in a judicial proceed19 ing, a guardian ad litem shall be appointed to

20 represent the child in such proceedings; and

21 ‘‘(2) has in place procedures for responding to

22 the reporting of medical neglect (including instances

23 of withholding of medically indicated treatment from

24 disabled infants with life-threatening conditions),
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1 procedures or programs, or both (within the State

2 child protective services system), to provide for—

3 ‘‘(A) coordination and consultation with in4 dividuals designated by and within appropriate

5 health-care facilities;

6 ‘‘(B) prompt notification by individuals

7 designated by and within appropriate health8 care facilities of cases of suspected medical ne9 glect (including instances of withholding of

10 medically indicated treatment from disabled in11 fants with life-threatening conditions); and

12 ‘‘(C) authority, under State law, for the

13 State child protective service system to pursue

14 any legal remedies, including the authority to

15 initiate legal proceedings in a court of com16 petent jurisdiction, as may be necessary to pre17 vent the withholding of medically indicated

18 treatment from disabled infants with life threat19 ening conditions.

20 ‘‘(d) ADDITIONAL REQUIREMENT.—Not later than 2

21 years after the date of enactment of this section, the State

22 shall provide an assurance or certification that the State

23 has in place provisions, procedures, and mechanisms by

24 which individuals who disagree with an official finding of

25 abuse or neglect can appeal such finding.
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1 ‘‘(e) STATE PROGRAM PLAN.—To be eligible to re2 ceive a grant under this section, a State shall submit every

3 5 years a plan to the Secretary that specifies the child

4 protective service system area or areas described in sub5 section (a) that the State intends to address with funds

6 received under the grant. Such plan shall be coordinated

7 with the plan of the State for child welfare services and

8 family preservation and family support services under part

9 B of title IV of the Social Security Act and shall contain

10 an outline of the activities that the State intends to carry

11 out using amounts provided under the grant to achieve

12 the purposes of this Act, including the procedures to be

13 used for—

14 ‘‘(1) receiving and assessing reports of child

15 abuse or neglect;

16 ‘‘(2) investigating such reports;

17 ‘‘(3) protecting children by removing them from

18 dangerous settings and ensuring their placement in

19 a safe environment;

20 ‘‘(4) providing services or referral for services

21 for families and children where the child is not in

22 danger of harm;

23 ‘‘(5) providing services to individuals, families,

24 or communities, either directly or through referral,
28

•S 919 IS

1 aimed at preventing the occurrence of child abuse

2 and neglect;

3 ‘‘(6) providing training to support direct line

4 and supervisory personnel in report-taking, screen5 ing, assessment, decision-making, and referral for

6 investigation; and

7 ‘‘(7) providing training for individuals man8 dated to report suspected cases of child abuse or ne9 glect.

10 ‘‘(f) RESTRICTIONS RELATING TO CHILD WELFARE

11 SERVICES.—Programs or projects relating to child abuse

12 and neglect assisted under part B of title IV of the Social

13 Security Act shall comply with the requirements set forth

14 in paragraphs (1) (A) and (B), (2), (3), (4), (5), and (6)

15 of subsection (c).

16 ‘‘(g) ANNUAL STATE DATA REPORTS.—Each State

17 to which a grant is made under this part shall annually

18 submit to the Secretary a report that includes the

19 following:

20 ‘‘(1) The number of children who were reported

21 to the State during the year as abused or neglected.

22 ‘‘(2) Of the number of children described in

23 paragraph (1), the number with respect to whom

24 such reports were—

25 ‘‘(A) substantiated;
29

•S 919 IS

1 ‘‘(B) unsubstantiated; and

2 ‘‘(C) determined to be false.

3 ‘‘(3) Of the number of children described in

4 paragraph (2)—

5 ‘‘(A) the number that did not receive serv6 ices during the year under the State program

7 funded under this part or an equivalent State

8 program;

9 ‘‘(B) the number that received services

10 during the year under the State program fund11 ed under this part or an equivalent State pro12 gram; and

13 ‘‘(C) the number that were removed from

14 their families during the year by disposition of

15 the case.

16 ‘‘(4) The number of families that received pre17 ventive services from the State during the year.

18 ‘‘(5) The number of deaths in the State during

19 the year resulting from child abuse or neglect.

20 ‘‘(6) Of the number of children described in

21 paragraph (5), the number of such children who

22 were in foster care.

23 ‘‘(7) The number of child protective service

24 workers responsible for the intake and screening of

25 reports filed in the previous year.
30

•S 919 IS

1 ‘‘(8) The agency response time with respect to

2 each such report with respect to initial investigation

3 of reports of child abuse or neglect.

4 ‘‘(9) The response time with respect to the pro5 vision of services to families and children where an

6 allegation of abuse or neglect has been made.

7 ‘‘(10) The number of child protective service

8 workers responsible for intake, assessment, and in9 vestigation of child abuse and neglect reports rel10 ative to the number of reports investigated in the

11 previous year.’’.

12 SEC. 110. REPEAL.

13 Section 108 (42 U.S.C. 5106b) is repealed.

14 SEC. 111. DEFINITIONS.

15 Section 113 (42 U.S.C. 5106h) is amended—

16 (1) by striking paragraphs (1) and (2);

17 (2) by redesignating paragraphs (3) through

18 (10) as paragraphs (1) through (8), respectively;

19 and

20 (3) in paragraph (2) (as so redesignated), to

21 read as follows:

22 ‘‘(2) the term ‘child abuse and neglect’ means,

23 at a minimum, any recent act or failure to act on

24 the part of a parent or caretaker, which results in

25 death or serious physical, sexual, or emotional harm,
31

•S 919 IS

1 or presents an imminent risk of serious harm. Such

2 term does not include a child who has suffered harm

3 where the harm results primarily from the parent or

4 caretaker’s lack of financial resources or from causes

5 linked to such lack of resources;’’.

6 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

7 Section 114(a) (42 U.S.C. 5106h(a)) is amended to

8 read as follows:

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) GENERAL AUTHORIZATION.—There are

11 authorized to be appropriated to carry out this title,

12 $100,000,000 for fiscal year 1996, and such sums

13 as may be necessary for each of the fiscal years

14 1997 through 2000.

15 ‘‘(2) DISCRETIONARY ACTIVITIES.—

16 ‘‘(A) IN GENERAL.—Of the amounts ap17 propriated for a fiscal year under paragraph

(1), the Secretary shall make available 331 18 ⁄3

19 percent of such amounts to fund discretionary

20 activities under this title.

21 ‘‘(B) DEMONSTRATION PROJECTS.—Of the

22 amounts made available for a fiscal year under

23 subparagraph (A), the Secretary shall make

24 available not more than 40 percent of such

25 amounts to carry out section 106.’’.
32

•S 919 IS

1 SEC. 113. RULE OF CONSTRUCTION.

2 Title I (42 U.S.C. 5101 et seq.) is amended by adding

3 at the end thereof the following new section:

4 ‘‘SEC. 115. RULE OF CONSTRUCTION.

5 ‘‘(a) IN GENERAL.—Nothing in this Act shall be con6 strued to require that a parent or legal guardian provide

7 a child any medical service or treatment, nor require a

8 State to find abuse or neglect in cases in which a parent

9 or legal guardian treats a child’s health condition solely

10 or partially by spiritual or non-medical means.

11 ‘‘(b) STATE INTERVENTION.—Notwithstanding sub12 section (a), nothing in this Act shall be construed as pre13 cluding a State from intervening to protect a child or find

14 abuse or neglect in a case involving the failure or refusal

15 to provide a medical service or treatment where such fail16 ure or refusal will lead to imminent risk of severe harm

17 to the child.’’.

18 TITLE II—COMMUNITY-BASED

19 CHILD ABUSE AND NEGLECT

20 PREVENTION GRANTS

21 SEC. 201. ESTABLISHMENT OF PROGRAM.

22 Title II of the Child Abuse Prevention and Treatment

23 Act (42 U.S.C. 5116 et seq.) is amended to read as fol24 lows:
33

•S 919 IS

1 ‘‘TITLE II—COMMUNITY-BASED

2 CHILD ABUSE AND NEGLECT

3 PREVENTION GRANTS

4 ‘‘SEC. 201. PURPOSE AND AUTHORITY.

5 ‘‘(a) PURPOSE.—It is the purpose of this Act to sup6 port State efforts to develop, operate, expand and enhance

7 a network of community-based, prevention-focused, family

8 resource and support programs that are culturally com9 petent and that coordinate resources among existing edu10 cation, vocational rehabilitation, disability, respite, health,

11 mental health, job readiness, self-sufficiency, child and

12 family development, community action, Head Start, child

13 care, child abuse and neglect prevention, juvenile justice,

14 domestic violence prevention and intervention, housing,

15 and other human service organizations within the State.

16 ‘‘(b) AUTHORITY.—The Secretary shall make grants

17 under this title on a formula basis to the entity designated

18 by the State as the lead entity (hereafter referred to in

19 this title as the ‘lead entity’) for the purpose of—

20 ‘‘(1) developing, operating, expanding and en21 hancing Statewide networks of community-based,

22 prevention-focused, family resource and support pro23 grams that—

24 ‘‘(A) offer sustained assistance to families;
34

•S 919 IS

1 ‘‘(B) provide early, comprehensive, and ho2 listic support for all parents;

3 ‘‘(C) promote the development of parental

4 competencies and capacities, especially in young

5 parents and parents with very young children;

6 ‘‘(D) increase family stability;

7 ‘‘(E) improve family access to other formal

8 and informal resources and opportunities for

9 assistance available within communities; and

10 ‘‘(F) support the additional needs of fami11 lies with children with disabilities;

12 ‘‘(2) fostering the development of a continuum

13 of preventive services for children and families

14 through State and community-based collaborations

15 and partnerships both public and private;

16 ‘‘(3) financing the start-up, maintenance, ex17 pansion, or redesign of specific family resource and

18 support program services (such as respite services,

19 child abuse and neglect prevention activities, disabil20 ity services, mental health services, housing services,

21 transportation, adult education, home visiting and

22 other similar services) identified by the inventory

23 and description of current services required under

24 section 205(a)(3) as an unmet need, and integrated
35

•S 919 IS

1 with the network of community-based family re2 source and support program;

3 ‘‘(4) maximizing funding for the financing,

4 planning, community mobilization, collaboration, as5 sessment, information and referral, startup, training

6 and technical assistance, information management,

7 reporting and evaluation costs for establishing, oper8 ating, or expanding a Statewide network of commu9 nity-based, prevention-focused, family resource and

10 support program; and

11 ‘‘(5) financing public information activities that

12 focus on the healthy and positive development of

13 parents and children and the promotion of child

14 abuse and neglect prevention activities.

15 ‘‘SEC. 202. ELIGIBILITY.

16 ‘‘A State shall be eligible for a grant under this title

17 for a fiscal year if—

18 ‘‘(1)(A) the chief executive officer of the State

19 has designated an entity to administer funds under

20 this title for the purposes identified under the au21 thority of this title, including to develop, implement,

22 operate, enhance or expand a Statewide network of

23 community-based, prevention-focused, family re24 source and support programs, child abuse and ne-
36

•S 919 IS

1 glect prevention activities and access to respite serv2 ices integrated with the Statewide network;

3 ‘‘(B) in determining which entity to designate

4 under subparagraph (A), the chief executive officer

5 should give priority consideration to the trust fund

6 advisory board of the State or an existing entity that

7 leverages Federal, State, and private funds for a

8 broad range of child abuse and neglect prevention

9 activities and family resource programs, and that is

10 directed by an interdisciplinary, public-private struc11 ture, including participants from communities; and

12 ‘‘(C) such lead entity is an existing public,

13 quasi-public, or nonprofit private entity with a dem14 onstrated ability to work with other State and com15 munity-based agencies to provide training and tech16 nical assistance, and that has the capacity and com17 mitment to ensure the meaningful involvement of

18 parents who are consumers and who can provide

19 leadership in the planning, implementation, and

20 evaluation of programs and policy decisions of the

21 applicant agency in accomplishing the desired out22 comes for such efforts;

23 ‘‘(2) the chief executive officer of the State pro24 vides assurances that the lead entity will provide or

25 will be responsible for providing—
37

•S 919 IS

1 ‘‘(A) a network of community-based family

2 resource and support programs composed of

3 local, collaborative, public-private partnerships

4 directed by interdisciplinary structures with bal5 anced representation from private and public

6 sector members, parents, and public and private

7 nonprofit service providers and individuals and

8 organizations experienced in working in part9 nership with families with children with disabil10 ities;

11 ‘‘(B) direction to the network through an

12 interdisciplinary, collaborative, public-private

13 structure with balanced representation from

14 private and public sector members, parents, and

15 public sector and private nonprofit sector serv16 ice providers; and

17 ‘‘(C) direction and oversight to the net18 work through identified goals and objectives,

19 clear lines of communication and accountability,

20 the provision of leveraged or combined funding

21 from Federal, State and private sources, cen22 tralized assessment and planning activities, the

23 provision of training and technical assistance,

24 and reporting and evaluation functions; and
38

•S 919 IS

1 ‘‘(3) the chief executive officer of the State pro2 vides assurances that the lead entity—

3 ‘‘(A) has a demonstrated commitment to

4 parental participation in the development, oper5 ation, and oversight of the Statewide network of

6 community-based, prevention-focused, family re7 source and support programs;

8 ‘‘(B) has a demonstrated ability to work

9 with State and community-based public and pri10 vate nonprofit organizations to develop a con11 tinuum of preventive, family centered, holistic

12 services for children and families through the

13 Statewide network of community-based, preven14 tion-focused, family resource and support pro15 grams;

16 ‘‘(C) has the capacity to provide oper17 ational support (both financial and pro18 grammatic) and training and technical assist19 ance, to the Statewide network of community20 based, prevention-focused, family resource and

21 support programs, through innovative, inter22 agency funding and interdisciplinary service de23 livery mechanisms; and

24 ‘‘(D) will integrate its efforts with individ25 uals and organizations experienced in working
39

•S 919 IS

1 in partnership with families with children with

2 disabilities and with the child abuse and neglect

3 prevention activities of the State, and dem4 onstrate a financial commitment to those activi5 ties.

6 ‘‘SEC. 203. AMOUNT OF GRANT.

7 ‘‘(a) RESERVATION.—The Secretary shall reserve 1

8 percent of the amount appropriated under section 210 for

9 a fiscal year to make allotments to Indian tribes and tribal

10 organizations and migrant programs.

11 ‘‘(b) IN GENERAL.—Of the amounts appropriated for

12 a fiscal year under section 210 and remaining after the

13 reservation under subsection (a), The Secretary shall allot

14 to each State lead entity an amount so that—

15 ‘‘(1) 50 percent of the total amount allotted to

16 the State under this section is based on the number

17 of children under 18 residing in the State as com18 pared to the number of such children residing in all

19 States, except that no State shall receive less than

20 $250,000; and

21 ‘‘(2) each State receives, from the amounts re22 maining from the total amount appropriated, an

23 amount equal to 50 percent of the amount that each

24 such State has directed through the lead agency to

25 the purposes identified under the authority of this
40

•S 919 IS

1 title, including foundation, corporate, and other pri2 vate funding, State revenues, and Federal funds.

3 ‘‘(c) ALLOCATION.—Funds allotted to a State under

4 this section shall be awarded on a formula basis for a 3-

5 year period. Payment under such allotments shall be made

6 by the Secretary annually on the basis described in sub7 section (a).

8 ‘‘SEC. 204. EXISTING AND CONTINUATION GRANTS.

9 ‘‘(a) EXISTING GRANTS.—Notwithstanding the en10 actment of this title, a State or entity that has a grant,

11 contract, or cooperative agreement in effect, on the date

12 of enactment of this title, under the Family Resource and

13 Support Program, the Community-Based Family Re14 source Program, the Emergency Child Abuse Prevention

15 Grant Program, or the Temporary Child Care for Children

16 with Disabilities and Crisis Nurseries Programs shall con17 tinue to receive funds under such programs, subject to the

18 original terms under which such funds were granted,

19 through the end of the applicable grant cycle.

20 ‘‘(b) CONTINUATION GRANTS.—The Secretary may

21 continue grants for Family Resource and Support Pro22 gram grantees, and those programs otherwise funded

23 under this Act, on a noncompetitive basis, subject to the

24 availability of appropriations, satisfactory performance by

25 the grantee, and receipt of reports required under this Act,
41

•S 919 IS

1 until such time as the grantee no longer meets the original

2 purposes of this Act.

3 ‘‘SEC. 205. APPLICATION.

4 ‘‘(a) IN GENERAL.—A grant may not be made to a

5 State under this title unless an application therefore is

6 submitted by the State to the Secretary and such applica7 tion contains the types of information specified by the Sec8 retary as essential to carrying out the provisions of section

9 202, including—

10 ‘‘(1) a description of the lead entity that will be

11 responsible for the administration of funds provided

12 under this title and the oversight of programs fund13 ed through the Statewide network of community14 based, prevention-focused, family resource and sup15 port programs which meets the requirements of sec16 tion 202;

17 ‘‘(2) a description of how the network of com18 munity-based, prevention-focused, family resource

19 and support programs will operate and how family

20 resource and support services provided by public and

21 private, nonprofit organizations, including those

22 funded by programs consolidated under this Act, will

23 be integrated into a developing continuum of family

24 centered, holistic, preventive services for children

25 and families;
42

•S 919 IS

1 ‘‘(3) an assurance that an inventory of current

2 family resource programs, respite, child abuse and

3 neglect prevention activities, and other family re4 source services operating in the State, and a descrip5 tion of current unmet needs, will be provided;

6 ‘‘(4) a budget for the development, operation

7 and expansion of the State’s network of community8 based, prevention-focused, family resource and sup9 port programs that verifies that the State will ex10 pend an amount equal to not less than 20 percent

11 of the amount received under this title (in cash, not

12 in-kind) for activities under this title;

13 ‘‘(5) an assurance that funds received under

14 this title will supplement, not supplant, other State

15 and local public funds designated for the Statewide

16 network of community-based, prevention-focused,

17 family resource and support programs;

18 ‘‘(6) an assurance that the State network of

19 community-based, prevention-focused, family re20 source and support programs will maintain cultural

21 diversity, and be culturally competent and socially

22 sensitive and responsive to the needs of families with

23 children with disabilities;

24 ‘‘(7) an assurance that the State has the capac25 ity to ensure the meaningful involvement of parents
43

•S 919 IS

1 who are consumers and who can provide leadership

2 in the planning, implementation, and evaluation of

3 the programs and policy decisions of the applicant

4 agency in accomplishing the desired outcomes for

5 such efforts;

6 ‘‘(8) a description of the criteria that the entity

7 will use to develop, or select and fund, individual

8 community-based, prevention-focused, family re9 source and support programs as part of network de10 velopment, expansion or enhancement;

11 ‘‘(9) a description of outreach activities that the

12 entity and the community-based, prevention-focused,

13 family resource and support programs will undertake

14 to maximize the participation of racial and ethnic

15 minorities, new immigrant populations, children and

16 adults with disabilities, and members of other under17 served or underrepresented groups;

18 ‘‘(10) a plan for providing operational support,

19 training and technical assistance to community20 based, prevention-focused, family resource and sup21 port programs for development, operation, expansion

22 and enhancement activities;

23 ‘‘(11) a description of how the applicant entity’s

24 activities and those of the network and its members

25 will be evaluated;
44

•S 919 IS

1 ‘‘(12) a description of that actions that the ap2 plicant entity will take to advocate changes in State

3 policies, practices, procedures and regulations to im4 prove the delivery of prevention-focused, family re5 source and support program services to all children

6 and families; and

7 ‘‘(13) an assurance that the applicant entity

8 will provide the Secretary with reports at such time

9 and containing such information as the Secretary

10 may require.

11 ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.

12 ‘‘(a) IN GENERAL.—Grants made under this title

13 shall be used to develop, implement, operate, expand and

14 enhance community-based, prevention-focused, family re15 source and support programs that—

16 ‘‘(1) assess community assets and needs

17 through a planning process that involves parents

18 and local public agencies, local nonprofit organiza19 tions, and private sector representatives;

20 ‘‘(2) develop a strategy to provide, over time, a

21 continuum of preventive, holistic, family centered

22 services to children and families, especially to young

23 parents and parents with young children, through

24 public-private partnerships;

25 ‘‘(3) provide—
45

•S 919 IS

1 ‘‘(A) core family resource and support

2 services such as—

3 ‘‘(i) parent education, mutual support

4 and self help, and leadership services;

5 ‘‘(ii) early developmental screening of

6 children;

7 ‘‘(iii) outreach services;

8 ‘‘(iv) community and social service re9 ferrals; and

10 ‘‘(v) follow-up services;

11 ‘‘(B) other core services, which must be

12 provided or arranged for through contracts or

13 agreements with other local agencies, including

14 all forms of respite services; and

15 ‘‘(C) access to optional services, includ16 ing—

17 ‘‘(i) child care, early childhood devel18 opment and intervention services;

19 ‘‘(ii) services and supports to meet the

20 additional needs of families with children

21 with disabilities;

22 ‘‘(iii) job readiness services;

23 ‘‘(iv) educational services, such as

24 scholastic tutoring, literacy training, and

25 General Educational Degree services;
46

•S 919 IS

1 ‘‘(v) self-sufficiency and life manage2 ment skills training;

3 ‘‘(vi) community referral services; and

4 ‘‘(vii) peer counseling;

5 ‘‘(4) develop leadership roles for the meaningful

6 involvement of parents in the development, oper7 ation, evaluation, and oversight of the programs and

8 services;

9 ‘‘(5) provide leadership in mobilizing local pub10 lic and private resources to support the provision of

11 needed family resource and support program serv12 ices; and

13 ‘‘(6) participate with other community-based,

14 prevention-focused, family resource and support pro15 gram grantees in the development, operation and ex16 pansion of the Statewide network.

17 ‘‘(b) PRIORITY.—In awarding local grants under this

18 title, a lead entity shall give priority to community-based

19 programs serving low income communities and those serv20 ing young parents or parents with young children, and to

21 community-based family resource and support programs

22 previously funded under the programs consolidated under

23 the Child Abuse Prevention and Treatment Act Amend24 ments of 1995, so long as such programs meet local pro25 gram requirements.
47

•S 919 IS

1 ‘‘SEC. 207. PERFORMANCE MEASURES.

2 ‘‘A State receiving a grant under this title, through

3 reports provided to the Secretary, shall—

4 ‘‘(1) demonstrate the effective development, op5 eration and expansion of a Statewide network of

6 community-based, prevention-focused, family re7 source and support programs that meets the require8 ments of this title;

9 ‘‘(2) supply an inventory and description of the

10 services provided to families by local programs that

11 meet identified community needs, including core and

12 optional services as described in section 202;

13 ‘‘(3) demonstrate the establishment of new res14 pite and other specific new family resources services

15 to address unmet needs identified by the inventory

16 and description of current services required under

17 section 201(b)(6);

18 ‘‘(4) describe the number of families served, in19 cluding families with children with disabilities, and

20 the involvement of a diverse representation of fami21 lies in the design, operation, and evaluation of the

22 Statewide network of community-based, prevention23 focused, family resource and support programs, and

24 in the design, operation and evaluation of the indi25 vidual community-based family resource and support
48

•S 919 IS

1 programs that are part of the Statewide network

2 funded under this title;

3 ‘‘(5) demonstrate a high level of satisfaction

4 among families who have used the services of the

5 community-based, prevention-focused, family re6 source and support programs;

7 ‘‘(6) demonstrate the establishment or mainte8 nance of innovative funding mechanisms, at the

9 State or community level, that blend Federal, State,

10 local and private funds, and innovative, interdiscipli11 nary service delivery mechanisms, for the develop12 ment, operation, expansion and enhancement of the

13 Statewide network of community-based, prevention14 focused, family resource and support programs;

15 ‘‘(7) describe the results of a peer review proc16 ess conducted under the State program; and

17 ‘‘(8) demonstrate an implementation plan to en18 sure the continued leadership of parents in the on19 going planning, implementation, and evaluation of

20 such community based, prevention-focused, family

21 resource and support programs.
49

•S 919 IS

1 ‘‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED

2 FAMILY RESOURCE PROGRAMS.

3 ‘‘The Secretary may allocate such sums as may be

4 necessary from the amount provided under the State allot5 ment to support the activities of the State network—

6 ‘‘(1) to create, operate and maintain a peer re7 view process;

8 ‘‘(2) to create, operate and maintain an infor9 mation clearinghouse;

10 ‘‘(3) to fund a yearly symposium on State sys11 tem change efforts that result from the operation of

12 the Statewide networks of community-based, preven13 tion-focused, family resource and support programs;

14 ‘‘(4) to create, operate and maintain a comput15 erized communication system between lead entities;

16 and

17 ‘‘(5) to fund State-to-State technical assistance

18 through bi-annual conferences.

19 ‘‘SEC. 209. DEFINITIONS.

20 ‘‘(1) CHILDREN WITH DISABILITIES.—The term

21 ‘children with disabilities’ has the same meaning

22 given such term in section 602(a)(2) of the Individ23 uals with Disabilities Education Act.

24 ‘‘(2) COMMUNITY REFERRAL SERVICES.—The

25 term ‘community referral services’ means services

26 provided under contract or through interagency
50

•S 919 IS

1 agreements to assist families in obtaining needed in2 formation, mutual support and community re3 sources, including respite services, health and mental

4 health services, employability development and job

5 training, and other social services through help lines

6 or other methods.

7 ‘‘(3) CULTURALLY COMPETENT.—The term

8 ‘culturally competent’ means services, support, or

9 other assistance that is conducted or provided in a

10 manner that—

11 ‘‘(A) is responsive to the beliefs, inter12 personal styles, attitudes, languages, and behav13 iors of those individuals and families receiving

14 services; and

15 ‘‘(B) has the greatest likelihood of ensur16 ing maximum participation of such individuals

17 and families.

18 ‘‘(4) FAMILY RESOURCE AND SUPPORT PRO19 GRAM.—The term ‘family resource and support pro20 gram’ means a community-based, prevention-focused

21 entity that—

22 ‘‘(A) provides, through direct service, the

23 core services required under this title, includ24 ing—
51

•S 919 IS

1 ‘‘(i) parent education, support and

2 leadership services, together with services

3 characterized by relationships between par4 ents and professionals that are based on

5 equality and respect, and designed to assist

6 parents in acquiring parenting skills, learn7 ing about child development, and respond8 ing appropriately to the behavior of their

9 children;

10 ‘‘(ii) services to facilitate the ability of

11 parents to serve as resources to one an12 other other (such as through mutual sup13 port and parent self-help groups);

14 ‘‘(iii) early developmental screening of

15 children to assess any needs of children,

16 and to identify types of support that may

17 be provided;

18 ‘‘(iv) outreach services provided

19 through voluntary home visits and other

20 methods to assist parents in becoming

21 aware of and able to participate in family

22 resources and support program activities;

23 ‘‘(v) community and social services to

24 assist families in obtaining community re25 sources; and
52

•S 919 IS

1 ‘‘(vi) follow-up services;

2 ‘‘(B) provides, or arranges for the provi3 sion of, other core services through contracts or

4 agreements with other local agencies, including

5 all forms of respite services; and

6 ‘‘(C) provides access to optional services,

7 directly or by contract, purchase of service, or

8 interagency agreement, including—

9 ‘‘(i) child care, early childhood devel10 opment and early intervention services;

11 ‘‘(ii) self-sufficiency and life manage12 ment skills training;

13 ‘‘(iii) education services, such as scho14 lastic tutoring, literacy training, and Gen15 eral Educational Degree services;

16 ‘‘(iv) job readiness skills;

17 ‘‘(v) child abuse and neglect preven18 tion activities;

19 ‘‘(vi) services that families with chil20 dren with disabilities or special needs may

21 require;

22 ‘‘(vii) community and social service re23 ferral;

24 ‘‘(viii) peer counseling;
53

•S 919 IS

1 ‘‘(ix) referral for substance abuse

2 counseling and treatment; and

3 ‘‘(x) help line services.

4 ‘‘(5) NATIONAL NETWORK FOR COMMUNITY5 BASED FAMILY RESOURCE PROGRAMS.—The term

6 ‘network for community-based family resource pro7 gram’ means the organization of State designated

8 entities who receive grants under this title, and in9 cludes the entire membership of the Children’s Trust

10 Fund Alliance and the National Respite Network.

11 ‘‘(6) OUTREACH SERVICES.—The term ‘out12 reach services’ means services provided to assist con13 sumers, through voluntary home visits or other

14 methods, in accessing and participating in family re15 source and support program activities.

16 ‘‘(7) RESPITE SERVICES.—The term ‘respite

17 services’ means short term care services provided in

18 the temporary absence of the regular caregiver (par19 ent, other relative, foster parent, adoptive parent, or

20 guardian) to children who—

21 ‘‘(A) are in danger of abuse or neglect;

22 ‘‘(B) have experienced abuse or neglect; or

23 ‘‘(C) have disabilities, chronic, or terminal

24 illnesses.
54

•S 919 IS

1 Such services shall be provided within or outside the

2 home of the child, be short-term care (ranging from

3 a few hours to a few weeks of time, per year), and

4 be intended to enable the family to stay together and

5 to keep the child living in the home and community

6 of the child.

7 ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to carry out

9 this title, $108,000,000 for each of the fiscal years 1996,

10 1997, and 1998.’’.

11 SEC. 202. REPEALS.

12 (a) TEMPORARY CHILD CARE FOR CHILDREN WITH

13 DISABILITIES AND CRISIS NURSERIES ACT.—The Tem14 porary Child Care for Children with Disabilities and Crisis

15 Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is re16 pealed.

17 (b) FAMILY SUPPORT CENTERS.—Subtitle F of title

18 VII of the Stewart B. McKinney Homeless Assistance Act

19 (42 U.S.C. 11481 et seq.) is repealed.

20 TITLE III—FAMILY VIOLENCE

21 PREVENTION AND SERVICES

22 SEC. 301. REFERENCE.

23 Except as otherwise expressly provided, whenever in

24 this title an amendment or repeal is expressed in terms

25 of an amendment to, or repeal of, a section or other provi-
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1 sion, the reference shall be considered to be made to a

2 section or other provision of the Family Violence Preven3 tion and Services Act (42 U.S.C. 10401 et seq.).

4 SEC. 302. STATE DEMONSTRATION GRANTS.

5 Section 303(e) (42 U.S.C. 10420(e)) is amended—

6 (1) by striking ‘‘following local share’’ and in7 serting ‘‘following non-Federal matching local

8 share’’; and

9 (2) by striking ‘‘20 percent’’ and all that fol10 lows through ‘‘private sources.’’ and inserting ‘‘with

11 respect to an entity operating an existing program

12 under this title, not less than 20 percent, and with

13 respect to an entity intending to operate a new pro14 gram under this title, not less than 35 percent.’’.

15 SEC. 303. ALLOTMENTS.

16 Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amend17 ed by striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.

18 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

19 Section 310 (42 U.S.C. 10409) is amended—

20 (1) in subsection (b), by striking ‘‘80’’ and in21 serting ‘‘70’’; and

22 (2) by adding at the end thereof the following

23 new subsections:

24 ‘‘(d) GRANTS FOR STATE COALITIONS.—Of the

25 amounts appropriated under subsection (a) for each fiscal
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1 year, not less than 10 percent of such amounts shall be

2 used by the Secretary for making grants under section

3 311.

4 ‘‘(e) NON-SUPPLANTING REQUIREMENT.—Federal

5 funds made available to a State under this title shall be

6 used to supplement and not supplant other Federal, State,

7 and local public funds expended to provide services and

8 activities that promote the purposes of this title.’’.

9 TITLE IV—ADOPTION

10 OPPORTUNITIES

11 SEC. 401. REFERENCE.

12 Except as otherwise expressly provided, whenever in

13 this title an amendment or repeal is expressed in terms

14 of an amendment to, or repeal of, a section or other provi15 sion, the reference shall be considered to be made to a

16 section or other provision of the Child Abuse Prevention

17 and Treatment and Adoption Reform Act of 1978 (42

18 U.S.C. 5111 et seq.).

19 SEC. 402. FINDINGS AND PURPOSE.

20 Section 201 (42 U.S.C. 5111) is amended—

21 (1) in subsection (a)—

22 (A) in paragraph (1)—

23 (i) by striking ‘‘50 percent between

24 1985 and 1990’’ and inserting ‘‘61 percent

25 between 1986 and 1994’’; and
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1 (ii) by striking ‘‘400,000 children at

2 the end of June, 1990’’ and inserting

3 ‘‘452,000 as of June, 1994’’; and

4 (B) in paragraph (5), by striking ‘‘local’’

5 and inserting ‘‘legal’’; and

6 (C) in paragraph (7), to read as follows:

7 ‘‘(7)(A) currently, 40,000 children are free for

8 adoption and awaiting placement;

9 ‘‘(B) such children are typically school aged, in

10 sibling groups, have experienced neglect or abuse, or

11 have a physical, mental, or emotional disability; and

12 ‘‘(C) while the children are of all races, children

13 of color and older children (over the age of 10) are

14 over represented in such group;’’; and

15 (2) in subsection (b)—

16 (A) by striking ‘‘conditions, by—’’ and all

17 that follows through ‘‘providing a mechanism’’

18 and inserting ‘‘conditions, by providing a mech19 anism’’; and

20 (B) by redesignating subparagraphs (A)

21 through (C), as paragraphs (1) through (3), re22 spectively and by realigning the margins of such

23 paragraphs accordingly.

24 SEC. 403. INFORMATION AND SERVICES.

25 Section 203 (42 U.S.C. 5113) is amended—
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1 (1) in subsection (a), by striking the last sen2 tence;

3 (2) in subsection (b)—

4 (A) in paragraph (6), to read as follows:

5 ‘‘(6) study the nature, scope, and effects of the

6 placement of children in kinship care arrangements,

7 pre-adoptive, or adoptive homes;’’;

8 (B) by redesignating paragraphs (7)

9 through (9) as paragraphs (8) through (10), re10 spectively; and

11 (C) by inserting after paragraph (6), the

12 following new paragraph:

13 ‘‘(7) study the efficacy of States contracting

14 with public or private nonprofit agencies (including

15 community-based organizations), organizations, or

16 sectarian institutions for the recruitment of potential

17 adoptive and foster families and to provide assist18 ance in the placement of children for adoption;’’; and

19 (3) in subsection (d)—

20 (A) in paragraph (2)—

21 (i) by striking ‘‘Each’’ and inserting

22 ‘‘(A) Each’’;

23 (ii) by striking ‘‘for each fiscal year’’

24 and inserting ‘‘that describes the manner

25 in which the State will use funds during
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1 the 3-fiscal years subsequent to the date of

2 the application to accomplish the purposes

3 of this section. Such application shall be’’;

4 and

5 (iii) by adding at the end thereof the

6 following new subparagraph:

7 ‘‘(B) The Secretary shall provide, directly or by grant

8 to or contract with public or private nonprofit agencies

9 or organizations—

10 ‘‘(i) technical assistance and resource and refer11 ral information to assist State or local governments

12 with termination of parental rights issues, in recruit13 ing and retaining adoptive families, in the successful

14 placement of children with special needs, and in the

15 provision of pre- and post-placement services, includ16 ing post-legal adoption services; and

17 ‘‘(ii) other assistance to help State and local

18 governments replicate successful adoption-related

19 projects from other areas in the United States.’’.

20 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

21 Section 205 (42 U.S.C. 5115) is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘$10,000,000,’’ and all

24 that follows through ‘‘1992, and’’; and
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1 (B) by inserting ‘‘$20,000,000 for fiscal

2 year 1996, and such sums as may be necessary

3 for fiscal year 1997’’ after ‘‘1995,’’;

4 (2) by striking subsection (b); and

5 (3) by redesignating subsection (c) as sub6 section (b).

7 TITLE V—ABANDONED INFANTS

8 ASSISTANCE ACT OF 1986

9 SEC. 501. REAUTHORIZATION.

10 Section 104(a)(1) of the Abandoned Infants Assist11 ance Act of 1988 (42 U.S.C. 670 note) is amended by

12 striking ‘‘$20,000,000’’ and all that follows through the

13 end thereof and inserting ‘‘$35,000,000 for each of the

14 fiscal years 1995 and 1996, and such sums as may be

15 necessary for each of the fiscal years 1997 through 2000’’.

16 TITLE VI—REAUTHORIZATION

17 OF VARIOUS PROGRAMS

18 SEC. 601. MISSING CHILDREN’S ASSISTANCE ACT.

19 Section 408 of the Missing Children’s Assistance Act

20 (42 U.S.C. 5777) is amended—

21 (1) by striking ‘‘To’’ and inserting ‘‘(a) IN

22 GENERAL.—’’

23 (2) by striking ‘‘and 1996’’ and inserting

24 ‘‘1996, and 1997’’; and
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1 (3) by adding at the end thereof the following

2 new subsection:

3 ‘‘(b) EVALUATION.—The Administrator shall use not

4 more than 5 percent of the amount appropriated for a fis5 cal year under subsection (a) to conduct an evaluation of

6 the effectiveness of the programs and activities established

7 and operated under this title.’’.

8 SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.

9 Section 214B of the Victims of Child Abuse Act of

10 1990 (42 U.S.C. 13004) is amended—

11 (1) in subsection (a)(2), by striking ‘‘and 1996’’

12 and inserting ‘‘1996, and 1997’’; and

13 (2) in subsection (b)(2), by striking ‘‘and

14 1996’’ and inserting ‘‘1996, and 1997’’.

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