104TH CONGRESS

2D SESSION S. 919

AN ACT

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 1996’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GENERAL PROGRAM

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, evaluation and assistance activities.

Sec. 108. Grants for demonstration programs.

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

Sec. 110. Repeal.

Sec. 111. Miscellaneous requirements.

Sec. 112. Definitions.

Sec. 113. Authorization of appropriations.

Sec. 114. Rule of construction.

Sec. 115. Technical amendment.

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.
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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

7 section or other provision of the Child Abuse Prevention

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

9 SEC. 102. FINDINGS.

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

11 (1) in paragraph (1), the read as follows:

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

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

14 (2) in paragraph (3)(C), by inserting ‘‘assess15 ment,’’ after ‘‘prevention,’’;

16 (3) in paragraph (4)—

17 (A) by striking ‘‘tens of’’; and

18 (B) by striking ‘‘direct’’ and all that fol19 lows through the semicolon and inserting ‘‘tan20 gible expenditures, as well as significant intan21 gible costs;’’;

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

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

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

25 after ‘‘fosters the health,’’;
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1 (6) in paragraph (10)—

2 (A) by striking ‘‘ensure that every commu3 nity in the United States has’’ and inserting

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

5 (B) by inserting ‘‘and family’’ after ‘‘com6 prehensive child’’; and

7 (7) in paragraph (11)—

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

9 place that such appears and inserting ‘‘child

10 and family protection’’; and

11 (B) in subparagraph (D), by striking ‘‘suf12 ficient’’.

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

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

15 follows:

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

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

18 and Human Services may establish an office to be known

19 as the Office on Child Abuse and Neglect.

20 ‘‘(b) PURPOSE.—The purpose of the Office estab21 lished under subsection (a) shall be to execute and coordi22 nate the functions and activities of this Act. In the event

23 that such functions and activities are performed by an24 other entity or entities within the Department of Health

25 and Human Services, the Secretary shall ensure that such
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1 functions and activities are executed with the necessary

2 expertise and in a fully coordinated manner involving reg3 ular intradepartmental and interdepartmental consulta4 tion with all agencies involved in child abuse and neglect

5 activities.’’.

6 SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NE7 GLECT.

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

9 follows:

10 ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NE11 GLECT.

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

13 advisory board to make recommendations to the Secretary

14 and to the appropriate committees of Congress concerning

15 specific issues relating to child abuse and neglect.

16 ‘‘(b) SOLICITATION OF NOMINATIONS.—The Sec17 retary shall publish a notice in the Federal Register solic18 iting nominations for the appointment of members of the

19 advisory board under subsection (a).

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

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

22 the general public who are individuals knowledgeable in

23 child abuse and neglect prevention, intervention, treat24 ment, or research, and with due consideration to represen-
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1 tation of ethnic or racial minorities and diverse geographic

2 areas, and who represent—

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

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

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

6 services);

7 ‘‘(4) medicine (including pediatrics);

8 ‘‘(5) State and local government;

9 ‘‘(6) organizations providing services to disabled

10 persons;

11 ‘‘(7) organizations providing services to adoles12 cents;

13 ‘‘(8) teachers;

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

15 ‘‘(10) parents’ groups;

16 ‘‘(11) voluntary groups;

17 ‘‘(12) family rights groups; and

18 ‘‘(13) children’s rights advocates.

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

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

21 original appointment was made.

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

23 a chairperson and vice-chairperson at its first meeting

24 from among the members of the board.
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1 ‘‘(f) DUTIES.—Not later than 1 year after the estab2 lishment of the board under subsection (a), the board shall

3 submit to the Secretary and the appropriate committees

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

5 ‘‘(1) recommendations on coordinating Federal,

6 State, and local child abuse and neglect activities

7 with similar activities at the Federal, State, and

8 local level pertaining to family violence prevention;

9 ‘‘(2) specific modifications needed in Federal

10 and State laws and programs to reduce the number

11 of unfounded or unsubstantiated reports of child

12 abuse or neglect while enhancing the ability to iden13 tify and substantiate legitimate cases of abuse or ne14 glect which place a child in danger; and

15 ‘‘(3) recommendations for modifications needed

16 to facilitate coordinated national data collection with

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

18 SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.

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

20 SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION

21 RELATING TO CHILD ABUSE.

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

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

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

25 the Department, or by one or more contracts of not less
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1 than 3 years duration let through a competition, establish

2 a national clearinghouse for information relating to child

3 abuse.’’;

4 (2) in subsection (b)—

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

6 by striking ‘‘Director’’ and inserting ‘‘Sec7 retary’’;

8 (B) in paragraph (1)—

9 (i) by inserting ‘‘assessment,’’ after

10 ‘‘prevention,’’; and

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

12 that follows through ‘‘105(b)’’ and insert13 ing ‘‘and’’;

14 (C) in paragraph (2)—

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

16 ‘‘general population’’ and inserting ‘‘Unit17 ed States’’;

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

19 ‘‘and’’ at the end thereof;

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

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

22 period; and

23 (iv) by striking subparagraph (D);

24 and

25 (D) by striking paragraph (3); and
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1 (3) in subsection (c)—

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

3 by striking ‘‘Director’’ and inserting ‘‘Sec4 retary’’;

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

6 represented on the task force’’ and inserting

7 ‘‘involved with child abuse and neglect and

8 mechanisms for the sharing of such information

9 among other Federal agencies and clearing10 houses’’;

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

12 regional’’ and all that follows and inserting the

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

14 child welfare data systems which shall include:

15 ‘‘(A) standardized data on false, un16 founded, unsubstantiated, and substantiated re17 ports; and

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

19 due to child abuse and neglect;’’;

20 (D) by redesignating paragraph (4) as

21 paragraph (6); and

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

23 following new paragraphs:

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

25 analysis program and in consultation with appro-
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1 priate State and local agencies and experts in the

2 field, collect, compile, and make available State child

3 abuse and neglect reporting information which, to

4 the extent practical, shall be universal and case spe5 cific, and integrated with other case-based foster

6 care and adoption data collected by the Secretary;

7 ‘‘(5) compile, analyze, and publish a summary

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

9 and’’.

10 SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE AC11 TIVITIES.

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

13 5105(a)) is amended—

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

15 THE NATIONAL CENTER ON CHILD ABUSE

16 AND NEGLECT’’;

17 (2) in paragraph (1)—

18 (A) in the matter preceding subparagraph

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

20 research on’’ and inserting ‘‘, in consultation

21 with other Federal agencies and recognized ex22 perts in the field, carry out a continuing inter23 disciplinary program of research that is de24 signed to provide information needed to better

25 protect children from abuse or neglect and to
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1 improve the well-being of abused or neglected

2 children, with at least a portion of such re3 search being field initiated. Such research pro4 gram may focus on’’;

5 (B) by redesignating subparagraphs (A)

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

7 respectively;

8 (C) by inserting before subparagraph (B)

9 (as so redesignated) the following new subpara10 graph:

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

12 and neglect;’’;

13 (D) in subparagraph (B) (as so redesig14 nated), to read as follows:

15 ‘‘(B) causes, prevention, assessment, iden16 tification, treatment, cultural and socio-eco17 nomic distinctions, and the consequences of

18 child abuse and neglect;’’;

19 (E) in subparagraph (D) (as so redesig20 nated)—

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

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

23 ‘‘(ii) the incidence of substantiated

24 and unsubstantiated reported child abuse

25 cases;
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1 ‘‘(iii) the number of substantiated

2 cases that result in a judicial finding of

3 child abuse or neglect or related criminal

4 court convictions;

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

6 of unsubstantiated, unfounded and false

7 reported cases of child abuse or neglect

8 have contributed to the inability of a State

9 to respond effectively to serious cases of

10 child abuse or neglect;

11 ‘‘(v) the extent to which the lack of

12 adequate resources and the lack of ade13 quate training of reporters have contrib14 uted to the inability of a State to respond

15 effectively to serious cases of child abuse

16 and neglect;

17 ‘‘(vi) the number of unsubstantiated,

18 false, or unfounded reports that have re19 sulted in a child being placed in substitute

20 care, and the duration of such placement;

21 ‘‘(vii) the extent to which unsubstan22 tiated reports return as more serious cases

23 of child abuse or neglect;

24 ‘‘(viii) the incidence and prevalence of

25 physical, sexual, and emotional abuse and
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1 physical and emotional neglect in sub2 stitute care; and

3 ‘‘(ix) the incidence and outcomes of

4 abuse allegations reported within the con5 text of divorce, custody, or other family

6 court proceedings, and the interaction be7 tween this venue and the child protective

8 services system.’’; and

9 (3) in paragraph (2)—

10 (A) in subparagraph (A)—

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

12 and

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

14 activities under section 106’’ and inserting

15 ‘‘paragraph (1)’’; and

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

17 demonstration’’.

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

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

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

21 U.S.C. 5105(c)) is amended—

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

23 ‘‘(1) IN GENERAL.—The Secretary’’;

24 (2) by striking ‘‘, through the Center,’’;
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1 (3) by inserting ‘‘State and local’’ before ‘‘pub2 lic and nonprofit’’;

3 (4) by inserting ‘‘assessment,’’ before ‘‘identi4 fication’’; and

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

6 new paragraphs:

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

8 may include an evaluation or identification of—

9 ‘‘(A) various methods and procedures for

10 the investigation, assessment, and prosecution

11 of child physical and sexual abuse cases;

12 ‘‘(B) ways to mitigate psychological trau13 ma to the child victim; and

14 ‘‘(C) effective programs carried out by the

15 States under titles I and II.

16 ‘‘(3) DISSEMINATION.—The Secretary may pro17 vide for and disseminate information relating to var18 ious training resources available at the State and

19 local level to—

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

21 intend to engage, in the prevention, identifica22 tion, and treatment of child abuse and neglect;

23 and

24 ‘‘(B) appropriate State and local officials

25 to assist in training law enforcement, legal, ju-
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1 dicial, medical, mental health, education, and

2 child welfare personnel in appropriate methods

3 of interacting during investigative, administra4 tive, and judicial proceedings with children who

5 have been subjected to abuse.’’.

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

7 (42 U.S.C. 5105(d)(2)) is amended by striking the second

8 sentence.

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

10 5105(e)) is amended—

11 (1) in paragraph (1)—

12 (A) in subparagraph (A)—

13 (i) by striking ‘‘establish a formal’’

14 and inserting ‘‘, in consultation with ex15 perts in the field and other federal agen16 cies, establish a formal, rigorous, and meri17 torious’’;

18 (ii) by striking ‘‘and contracts’’; and

19 (iii) by adding at the end thereof the

20 following new sentence: ‘‘The purpose of

21 this process is to enhance the quality and

22 usefulness of research in the field of child

23 abuse and neglect.’’; and

24 (B) in subparagraph (B)—
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1 (i) by striking ‘‘Office of Human De2 velopment’’ and inserting ‘‘Administration

3 on Children and Families’’; and

4 (ii) by adding at the end thereof the

5 following new sentence: ‘‘The Secretary

6 shall ensure that the peer review panel uti7 lizes scientifically valid review criteria and

8 scoring guidelines for review committees.’’;

9 and

10 (2) in paragraph (2)—

11 (A) in the matter preceding subparagraph

12 (A), by striking ‘‘, contract, or other financial

13 assistance’’; and

14 (B) by adding at the end thereof the fol15 lowing flush sentence:

16 ‘‘The Secretary shall award grants under this sec17 tion on the basis of competitive review.’’.

18 SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

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

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

21 SERVICE’’;

22 (2) in subsection (a), to read as follows:

23 ‘‘(a) DEMONSTRATION PROGRAMS AND PROJECTS.—

24 The Secretary may make grants to, and enter into con25 tracts with, public agencies or nonprofit private agencies
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1 or organizations (or combinations of such agencies or or2 ganizations) for time limited, demonstration programs and

3 projects for the following purposes:

4 ‘‘(1) TRAINING PROGRAMS.—The Secretary

5 may award grants to public or private non-profit or6 ganizations under this section—

7 ‘‘(A) for the training of professional and

8 paraprofessional personnel in the fields of medi9 cine, law, education, social work, and other rel10 evant fields who are engaged in, or intend to

11 work in, the field of prevention, identification,

12 and treatment of child abuse and neglect, in13 cluding the links between domestic violence and

14 child abuse;

15 ‘‘(B) to provide culturally specific instruc16 tion in methods of protecting children from

17 child abuse and neglect to children and to per18 sons responsible for the welfare of children, in19 cluding parents of and persons who work with

20 children with disabilities;

21 ‘‘(C) to improve the recruitment, selection,

22 and training of volunteers serving in private

23 and public nonprofit children, youth and family

24 service organizations in order to prevent child

25 abuse and neglect through collaborative analysis
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1 of current recruitment, selection, and training

2 programs and development of model programs

3 for dissemination and replication nationally;

4 and

5 ‘‘(D) for the establishment of resource cen6 ters for the purpose of providing information

7 and training to professionals working in the

8 field of child abuse and neglect.

9 ‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Sec10 retary may award grants to private non-profit orga11 nizations (such as Parents Anonymous) to establish

12 or maintain a national network of mutual support

13 and self-help programs as a means of strengthening

14 families in partnership with their communities.

15 ‘‘(3) OTHER INNOVATIVE PROGRAMS AND

16 PROJECTS.—

17 ‘‘(A) IN GENERAL.—The Secretary may

18 award grants to public agencies that dem19 onstrate innovation in responding to reports of

20 child abuse and neglect including programs of

21 collaborative partnerships between the State

22 child protective service agency, community so23 cial service agencies and family support pro24 grams, schools, churches and synagogues, and
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1 other community agencies to allow for the es2 tablishment of a triage system that—

3 ‘‘(i) accepts, screens and assesses re4 ports received to determine which such re5 ports require an intensive intervention and

6 which require voluntary referral to another

7 agency, program or project;

8 ‘‘(ii) provides, either directly or

9 through referral, a variety of community10 linked services to assist families in prevent11 ing child abuse and neglect; and

12 ‘‘(iii) provides further investigation

13 and intensive intervention where the child’s

14 safety is in jeopardy.

15 ‘‘(B) KINSHIP CARE.—The Secretary may

16 award grants to public entities to assist such

17 entities in developing or implementing proce18 dures using adult relatives as the preferred

19 placement for children removed from their

20 home, where such relatives are determined to be

21 capable of providing a safe nurturing environ22 ment for the child or where such relatives com23 ply with the State child protection standards.

24 ‘‘(C) VISITATION CENTERS.—The Sec25 retary may award grants to public or private
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1 nonprofit entities to assist such entities in the

2 establishment or operation of supervised visita3 tion centers where there is documented, highly

4 suspected, or elevated risk of child sexual, phys5 ical, or emotional abuse where, due to domestic

6 violence, there is an ongoing risk of harm to a

7 parent or child.’’;

8 (3) in subsection (c), by striking paragraphs (1)

9 and (2); and

10 (4) by adding at the end thereof the following

11 new subsection:

12 ‘‘(d) EVALUATION.—In making grants for dem13 onstration projects under this section, the Secretary shall

14 require all such projects to be evaluated for their effective15 ness. Funding for such evaluations shall be provided either

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

17 separate grant entered into by the Secretary for the pur18 pose of evaluating a particular demonstration project or

19 group of projects.’’.

20 SEC. 109. STATE GRANTS FOR PREVENTION AND TREAT21 MENT PROGRAMS.

22 Section 107 (42 U.S.C. 5106a) is amended to read

23 as follows:
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1 ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NE2 GLECT PREVENTION AND TREATMENT PRO3 GRAMS.

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

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

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

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

8 of assisting the States in improving the child protective

9 service system of each such State in—

10 ‘‘(1) the intake, assessment, screening, and in11 vestigation of reports of abuse and neglect;

12 ‘‘(2)(A) creating and improving the use of mul13 tidisciplinary teams and interagency protocols to en14 hance investigations; and

15 ‘‘(B) improving legal preparation and represen16 tation, including—

17 ‘‘(i) procedures for appealing and respond18 ing to appeals of substantiated reports of abuse

19 and neglect; and

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

21 guardian ad litem.

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

23 provided to children and their families;

24 ‘‘(4) enhancing the general child protective sys25 tem by improving risk and safety assessment tools

26 and protocols, automation systems that support the
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1 program and track reports of child abuse and ne2 glect from intake through final disposition and infor3 mation referral systems;

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

5 training opportunities and requirements for individ6 uals overseeing and providing services to children

7 and their families through the child protection sys8 tem;

9 ‘‘(6) developing and facilitating training proto10 cols for individuals mandated to report child abuse

11 or neglect;

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

13 child abuse and neglect prevention, treatment, and

14 research programs in the public and private sectors;

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

16 ‘‘(A) information and education programs

17 or training programs designed to improve the

18 provision of services to disabled infants with

19 life-threatening conditions for—

20 ‘‘(i) professional and paraprofessional

21 personnel concerned with the welfare of

22 disabled infants with life-threatening con23 ditions, including personnel employed in

24 child protective services programs and

25 health-care facilities; and
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1 ‘‘(ii) the parents of such infants; and

2 ‘‘(B) programs to assist in obtaining or co3 ordinating necessary services for families of dis4 abled infants with life-threatening conditions,

5 including—

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

7 ‘‘(ii) financial assistance; and

8 ‘‘(iii) services necessary to facilitate

9 adoptive placement of any such infants

10 who have been relinquished for adoption;

11 or

12 ‘‘(9) developing and enhancing the capacity of

13 community-based programs to integrate shared lead14 ership strategies between parents and professionals

15 to prevent and treat child abuse and neglect at the

16 neighborhood level.

17 ‘‘(b) ELIGIBILITY REQUIREMENTS.—

18 ‘‘(1) IN GENERAL.—In order for a State to

19 qualify for a grant under subsection (a), such State

20 shall provide an assurance or certification, signed by

21 the chief executive officer of the State, that the

22 State—

23 ‘‘(A) has in effect and operation a State

24 law or Statewide program relating to child

25 abuse and neglect which ensures—
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1 ‘‘(i) provisions or procedures for the

2 reporting of known and suspected in3 stances of child abuse and neglect;

4 ‘‘(ii) procedures for the immediate

5 screening, safety assessment, and prompt

6 investigation of such reports;

7 ‘‘(iii) procedures for immediate steps

8 to be taken to ensure and protect the safe9 ty of the abused or neglected child and of

10 any other child under the same care who

11 may also be in danger of abuse or neglect;

12 ‘‘(iv) provisions for immunity from

13 prosecution under State and local laws and

14 regulations for individuals making good

15 faith reports of suspected or known in16 stances of child abuse or neglect;

17 ‘‘(v) methods to preserve the confiden18 tiality of all records in order to protect the

19 rights of the child and of the child’s par20 ents or guardians, including requirements

21 ensuring that reports and records made

22 and maintained pursuant to the purposes

23 of this Act shall only be made available

24 to—
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1 ‘‘(I) individuals who are the sub2 ject of the report;

3 ‘‘(II) Federal, State, or local gov4 ernment entities, or any agent of such

5 entities, having a need for such infor6 mation in order to carry out its re7 sponsibilities under law to protect

8 children from abuse and neglect;

9 ‘‘(III) child abuse citizen review

10 panels;

11 ‘‘(IV) child fatality review panels;

12 ‘‘(V) a grant jury or court, upon

13 a finding that information in the

14 record is necessary for the determina15 tion of an issue before the court or

16 grant jury; and

17 ‘‘(VI) other entities or classes of

18 individuals statutorily authorized by

19 the State to receive such information

20 pursuant to a legitimate State pur21 pose;

22 ‘‘(vi) provisions which allow for public

23 disclosure of the findings or information

24 about the case of child abuse or neglect
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1 which has resulted in a child fatality or

2 near fatality;

3 ‘‘(vii) the cooperation of State law en4 forcement officials, court of competent ju5 risdiction, and appropriate State agencies

6 providing human services;

7 ‘‘(viii) provisions requiring, and proce8 dures in place that facilitate the prompt

9 expungement of any records that are ac10 cessible to the general public or are used

11 for purposes of employment or other back12 ground checks in cases determined to be

13 unsubstantiated or false, except that noth14 ing in this section shall prevent State child

15 protective service agencies from keeping in16 formation on unsubstantiated reports in

17 their casework files to assist in future risk

18 and safety assessment; and

19 ‘‘(ix) provisions and procedures re20 quiring that in every case involving an

21 abused or neglected child which results in

22 a judicial proceeding, a guardian ad litem

23 shall be appointed to represent the child in

24 such proceedings; and
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1 ‘‘(B) has in place procedures for respond2 ing to the reporting of medical neglect (includ3 ing instances of withholding of medically indi4 cated treatment from disabled infants with life5 threatening conditions), procedures or pro6 grams, or both (within the State child protec7 tive services system), to provide for—

8 ‘‘(i) coordination and consultation

9 with individuals designated by and within

10 appropriate health-care facilities;

11 ‘‘(ii) prompt notification by individ12 uals designated by and within appropriate

13 health-care facilities of cases of suspected

14 medical neglect (including instances of

15 withholding of medically indicated treat16 ment from disabled infants with life-threat17 ening conditions); and

18 ‘‘(iii) authority, under State law, for

19 the State child protective service system to

20 pursue any legal remedies, including the

21 authority to initiate legal proceedings in a

22 court of competent jurisdiction, as may be

23 necessary to prevent the withholding of

24 medically indicated treatment from dis-
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1 abled infants with life threatening condi2 tions.

3 ‘‘(2) LIMITATION.—With regard to clauses (v)

4 and (vi) of paragraph (1)(A), nothing in this section

5 shall be construed as restricting the ability of a

6 State to refuse to disclose identifying information

7 concerning the individual initiating a report or com8 plaint alleging suspected instances of child abuse or

9 neglect, except that the State may not refuse such

10 a disclosure where a court orders such disclosure

11 after such court has reviewed, in camera, the record

12 of the State related to the report or complaint and

13 has found it has reason to believe that the reporter

14 knowingly made a false report.

15 ‘‘(3) DEFINITION.—For purposes of this sub16 section, the term ‘near fatality’ means an act that,

17 as certified by a physician, places the child in seri18 ous or critical condition.

19 ‘‘(c) ADDITIONAL REQUIREMENT.—Not later than 2

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

21 shall provide an assurance or certification that the State

22 has in place provisions, procedures, and mechanisms by

23 which individuals who disagree with an official finding of

24 abuse or neglect can appeal such finding.
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1 ‘‘(d) 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, to the maximum

7 extent practicable, be coordinated with the plan of the

8 State for child welfare services and family preservation

9 and family support services under part B of title IV of

10 the Social Security Act and shall contain an outline of the

11 activities that the State intends to carry out using

12 amounts provided under the grant to achieve the purposes

13 of this Act, including the procedures to be 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,
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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 ‘‘(e) 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), and (2) of subsection (b).

15 ‘‘(f) ANNUAL STATE DATA REPORTS.—Each State to

16 which a grant is made under this part shall annually work

17 with the Secretary to provide, to the maximum extent

18 practicable, a report that includes the following:

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

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

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

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

23 such reports were—

24 ‘‘(A) substantiated;

25 ‘‘(B) unsubstantiated; and
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1 ‘‘(C) determined to be false.

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

3 paragraph (2)—

4 ‘‘(A) the number that did not receive serv5 ices during the year under the State program

6 funded under this part or an equivalent State

7 program;

8 ‘‘(B) the number that received services

9 during the year under the State program fund10 ed under this part or an equivalent State pro11 gram; and

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

13 their families during the year by disposition of

14 the case.

15 ‘‘(4) The number of families that received pre16 ventive services from the State during the year.

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

18 the year resulting from child abuse or neglect.

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

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

21 were in foster care.

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

23 workers responsible for the intake and screening of

24 reports filed in the previous year.
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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 ‘‘(g) ANNUAL REPORT BY THE SECRETARY.—Within

13 6 months after receiving the State reports under sub14 section (f), the Secretary shall prepare a report based on

15 information provided by the States for the fiscal year

16 under such subsection and shall make the report and such

17 information available to the Congress and the national

18 clearinghouse for information relating to child abuse.’’.

19 SEC. 110. REPEAL.

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

21 SEC. 111. MISCELLANEOUS REQUIREMENTS.

22 Section 110 (42 U.S.C. 5106d) is amended by strik23 ing subsections (c) and (d).

24 SEC. 112. DEFINITIONS.

25 Section 113 (42 U.S.C. 5106h) is amended—
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1 (1) by striking paragraphs (1) and (2);

2 (2) by redesignating paragraphs (3) through

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

4 and

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

6 read as follows:

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

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

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

10 death, serious physical or emotional harm, sexual

11 abuse or exploitation, or an act of failure to act

12 which presents an imminent risk of serious harm;’’.

13 SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

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

15 read as follows:

16 ‘‘(a) IN GENERAL.—

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

18 authorized to be appropriated to carry out this title,

19 $100,000,000 for fiscal year 1997, and such sums

20 as may be necessary for each of the fiscal years

21 1998 through 2001.

22 ‘‘(2) DISCRETIONARY ACTIVITIES.—

23 ‘‘(A) IN GENERAL.—Of the amounts ap24 propriated for a fiscal year under paragraph

(1), the Secretary shall make available 331 25 ⁄3
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1 percent of such amounts to fund discretionary

2 activities under this title.

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

4 amounts made available for a fiscal year under

5 subparagraph (A), the Secretary make available

6 not more than 40 percent of such amounts to

7 carry out section 106.’’.

8 SEC. 114. RULE OF CONSTRUCTION.

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

10 at the end thereof the following new section:

11 ‘‘SEC. 115. RULE OF CONSTRUCTION.

12 ‘‘(a) IN GENERAL.—Nothing in this Act shall be con13 strued—

14 ‘‘(1) as establishing a Federal requirement that

15 a parent or legal guardian provide a child any medi16 cal service or treatment against the religious beliefs

17 of the parent or legal guardian; and

18 ‘‘(2) to require that a State find, or to prohibit

19 a State from finding, abuse or neglect in cases in

20 which a parent or legal guardian relies solely or par21 tially upon spiritual means rather than medical

22 treatment, in accordance with the religious beliefs of

23 the parent or legal guardian.

24 ‘‘(b) STATE REQUIREMENT.—Notwithstanding sub25 section (a), a State shall, at a minimum, have in place
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1 authority under State law to permit the child protective

2 service system of the State to pursue any legal remedies,

3 including the authority to initiate legal proceedings in a

4 court of competent jurisdiction, to provide medical care

5 or treatment for a child when such care or treatment is

6 necessary to prevent or remedy serious harm to the child,

7 or to prevent the withholding of medically indicated treat8 ment from children with life threatening conditions. Ex9 cept with respect to the withholding of medically indicated

10 treatments from disabled infants with life threatening con11 ditions, case by case determinations concerning the exer12 cise of the authority of this subsection shall be within the

13 sole discretion of the State.’’.

14 SEC. 115. TECHNICAL AMENDMENT.

15 Section 1404A of the Victims of Crime Act of 1984

16 (42 U.S.C. 10603a) is amended—

17 (1) by striking ‘‘1402(d)(2)(D) and (d)(3)’’ and

18 inserting ‘‘1402(d)(2)’’; and

19 (2) by striking ‘‘section 4(d)’’ and inserting

20 ‘‘section 109’’.
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1 TITLE II—COMMUNITY-BASED

2 CHILD ABUSE AND NEGLECT

3 PREVENTION GRANTS

4 SEC. 201. ESTABLISHMENT OF PROGRAM.

5 Title II of the Child Abuse Prevention and Treatment

6 Act (42 U.S.C. 5116 et seq) is amended to read as follows:

7 ‘‘TITLE II—COMMUNITY-BASED

8 FAMILY RESOURCE AND SUP9 PORT GRANTS

10 ‘‘SEC. 201. PURPOSE AND AUTHORITY.

11 ‘‘(a) PURPOSE.—It is the purpose of this Act to sup12 port State efforts to develop, operate, expand and enhance

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

14 resource and support programs that are culturally com15 petent and that coordinate resources among existing edu16 cation, vocational rehabilitation, disability, respite, health,

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

18 family development, community action, Head Start, child

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

20 domestic violence prevention and intervention, housing,

21 and other human service organizations within the State.

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

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

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

25 this title as the ‘lead entity’) for the purpose of—
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1 ‘‘(1) developing, operating, expanding and en2 hancing Statewide networks of community-based,

3 prevention-focused, family resource and support pro4 grams that—

5 ‘‘(A) offer sustained assistance to families;

6 ‘‘(B) provide early, comprehensive, and ho7 listic support for all parents;

8 ‘‘(C) promote the development of parental

9 competencies and capacities, especially in young

10 parents and parents with very young children;

11 ‘‘(D) increase family stability;

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

13 and informal resources and opportunities for

14 assistance available within communities;

15 ‘‘(F) support the additional needs of fami16 lies with children with disabilities; and

17 ‘‘(G) decrease the risk of homelessness;

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

19 of preventive services for children and families

20 through State and community-based collaborations

21 and partnerships both public and private;

22 ‘‘(3) financing the start-up, maintenance, ex23 pansion, or redesign of specific family resource and

24 support program services (such as respite services,

25 child abuse and neglect prevention activities, disabil-
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1 ity services, mental health services, housing services,

2 transportation, adult education, home visiting and

3 other similar services) identified by the inventory

4 and description of current services required under

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

6 with the network of community-based family re7 source and support program to the extent prac8 ticable given funding levels and community prior9 ities;

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

11 planning, community mobilization, collaboration, as12 sessment, information and referral, startup, training

13 and technical assistance, information management,

14 reporting and evaluation costs for establishing, oper15 ating, or expanding a Statewide network of commu16 nity-based, prevention-focused, family resource and

17 support program; and

18 ‘‘(5) financing public information activities that

19 focus on the healthy and positive development of

20 parents and children and the promotion of child

21 abuse and neglect prevention activities.

22 ‘‘SEC. 202. ELIGIBILITY.

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

24 for a fiscal year if—
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1 ‘‘(1)(A) the chief executive officer of the State

2 has designated an entity to administer funds under

3 this title for the purposes identified under the au4 thority of this title, including to develop, implement,

5 operate, enhance or expand a Statewide network of

6 community-based, prevention-focused, family re7 source and support programs, child abuse and ne8 glect prevention activities and access to respite serv9 ices integrated with the Statewide network;

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

11 under subparagraph (A), the chief executive officer

12 should give priority consideration to the trust fund

13 advisory board of the State or an existing entity that

14 leverages Federal, State, and private funds for a

15 broad range of child abuse and neglect prevention

16 activities and family resource programs, and that is

17 directed by an interdisciplinary, public-private struc18 ture, including participants from communities; and

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

20 quasi-public, or nonprofit private entity with a dem21 onstrated ability to work with other State and com22 munity-based agencies to provide training and tech23 nical assistance, and that has the capacity and com24 mitment to ensure the meaningful involvement of

25 parents who are consumers and who can provide
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1 leadership in the planning, implementation, and

2 evaluation of programs and policy decisions of the

3 applicant agency in accomplishing the desired out4 comes for such efforts;

5 ‘‘(2) the chief executive officer of the State pro6 vides assurances that the lead entity will provide or

7 will be responsible for providing—

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

9 resource and support programs composed of

10 local, collaborative, public-private partnerships

11 directed by interdisciplinary structures with bal12 anced representation from private and public

13 sector members, parents, and public and private

14 nonprofit service providers and individuals and

15 organizations experienced in working in part16 nership with families with children with disabil17 ities;

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

19 interdisciplinary, collaborative, public-private

20 structure with balanced representation from

21 private and public sector members, parents, and

22 public sector and private nonprofit sector serv23 ice providers; and

24 ‘‘(C) direction and oversight to the net25 work through identified goals and objectives,
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1 clear lines of communication and accountability,

2 the provision of leveraged or combined funding

3 from Federal, State and private sources, cen4 tralized assessment and planning activities, the

5 provision of training and technical assistance,

6 and reporting and evaluation functions; and

7 ‘‘(3) the chief executive officer of the State pro8 vides assurances that the lead entity—

9 ‘‘(A) has a demonstrated commitment to

10 parental participation in the development, oper11 ation, and oversight of the Statewide network of

12 community-based, prevention-focused, family re13 source and support programs;

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

15 with State and community-based public and pri16 vate nonprofit organizations to develop a con17 tinuum of preventive, family centered, holistic

18 services for children and families through the

19 Statewide network of community-based, preven20 tion-focused, family resource and support pro21 grams;

22 ‘‘(C) has the capacity to provide oper23 ational support (both financial and pro24 grammatic) and training and technical assist25 ance, to the Statewide network of community-
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1 based, prevention-focused, family resource and

2 support programs, through innovative, inter3 agency funding and interdisciplinary service de4 livery mechanisms; and

5 ‘‘(D) will integrate its efforts with individ6 uals and organizations experienced in working

7 in partnership with families with children with

8 disabilities and with the child abuse and neglect

9 prevention activities of the State, and dem10 onstrate a financial commitment to those activi11 ties.

12 ‘‘SEC. 203. AMOUNT OF GRANT.

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

14 percent of the amount appropriated under section 210 for

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

16 organizations and migrant programs.

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

18 a fiscal year under section 210 and remaining after the

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

20 to each State lead entity an amount so that—

21 ‘‘(1) 50 percent of the total amount allotted to

22 the State under this section is based on the number

23 of children under 18 residing in the State as com24 pared to the number of such children residing in all
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1 States, except that no State shall receive less than

2 $250,000; and

3 ‘‘(2) each State receives, from the amounts re4 maining from the total amount appropriated, an

5 amount equal to 50 percent of the amount that each

6 such State has directed through the lead agency to

7 the purposes identified under the authority of this

8 title, including foundation, corporate, and other pri9 vate funding, State revenues, and Federal funds.

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

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

12 year period. Payment under such allotments shall be made

13 by the Secretary annually on the basis described in sub14 section (a).

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

16 ‘‘(a) EXISTING GRANTS.—Notwithstanding the en17 actment of this title, a State or entity that has a grant,

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

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

20 Support Program, the Community-Based Family Re21 source Program, the Family Support Center Program, the

22 Emergency Child Abuse Prevention Grant Program, or

23 the Temporary Child Care for Children with Disabilities

24 and Crisis Nurseries Programs shall continue to receive

25 funds under such programs, subject to the original terms
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1 under which such funds were granted, through the end

2 of the applicable grant cycle.

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

4 continue grants for Family Resource and Support Pro5 gram grantees, and those programs otherwise funded

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

7 availability of appropriations, satisfactory performance by

8 the grantee, and receipt of reports required under this Act,

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

10 purposes of this Act.

11 ‘‘SEC. 205. APPLICATION.

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

13 State under this title unless an application therefore is

14 submitted by the State to the Secretary and such applica15 tion contains the types of information specified by the Sec16 retary as essential to carrying out the provisions of section

17 202, including—

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

19 responsible for the administration of funds provided

20 under this title and the oversight of programs fund21 ed through the Statewide network of community22 based, prevention-focused, family resource and sup23 port programs which meets the requirements of sec24 tion 202;
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1 ‘‘(2) a description of how the network of com2 munity-based, prevention-focused, family resource

3 and support programs will operate and how family

4 resource and support services provided by public and

5 private, nonprofit organizations, including those

6 funded by programs consolidated under this Act, will

7 be integrated into a developing continuum of family

8 centered, holistic, preventive services for children

9 and families;

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

11 family resource programs, respite, child abuse and

12 neglect prevention activities, and other family re13 source services operating in the State, and a descrip14 tion of current unmet needs, will be provided;

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

16 and expansion of the State’s network of community17 based, prevention-focused, family resource and sup18 port programs that verifies that the State will ex19 pend an amount equal to not less than 20 percent

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

21 in-kind) for activities under this title;

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

23 this title will supplement, not supplant, other State

24 and local public funds designated for the Statewide
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1 network of community-based, prevention-focused,

2 family resource and support programs;

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

4 community-based, prevention-focused, family re5 source and support programs will maintain cultural

6 diversity, and be culturally competent and socially

7 sensitive and responsive to the needs of families with

8 children with disabilities;

9 ‘‘(7) an assurance that the State has the capac10 ity to ensure the meaningful involvement of parents

11 who are consumers and who can provide leadership

12 in the planning, implementation, and evaluation of

13 the programs and policy decisions of the applicant

14 agency in accomplishing the desired outcomes for

15 such efforts;

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

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

18 community-based, prevention-focused, family re19 source and support programs as part of network de20 velopment, expansion or enhancement;

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

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

23 family resource and support programs will undertake

24 to maximize the participation of racial and ethnic

25 minorities, new immigrant populations, children and
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1 adults with disabilities, homeless families and those

2 at risk of homelessness, and members of other un3 derserved or underrepresented groups;

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

5 training and technical assistance to community6 based, prevention-focused, family resource and sup7 port programs for development, operation, expansion

8 and enhancement activities;

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

10 activities and those of the network and its members

11 will be evaluated;

12 ‘‘(12) a description of that actions that the ap13 plicant entity will take to advocate changes in State

14 policies, practices, procedures and regulations to im15 prove the delivery of prevention-focused, family re16 source and support program services to all children

17 and families; and

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

19 will provide the Secretary with reports at such time

20 and containing such information as the Secretary

21 may require.

22 ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.

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

24 shall be used to develop, implement, operate, expand and
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1 enhance community-based, prevention-focused, family re2 source and support programs that—

3 ‘‘(1) assess community assets and needs

4 through a planning process that involves parents

5 and local public agencies, local nonprofit organiza6 tions, and private sector representatives;

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

8 continuum of preventive, holistic, family centered

9 services to children and families, especially to young

10 parents and parents with young children, through

11 public-private partnerships;

12 ‘‘(3) provide—

13 ‘‘(A) core family resource and support

14 services such as—

15 ‘‘(i) parent education, mutual support

16 and self help, and leadership services;

17 ‘‘(ii) early developmental screening of

18 children;

19 ‘‘(iii) outreach services;

20 ‘‘(iv) community and social service re21 ferrals; and

22 ‘‘(v) follow-up services;

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

24 provided or arranged for through contracts or

25 agreements with other local agencies, including
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1 all forms of respite services to the extent prac2 ticable; and

3 ‘‘(C) access to optional services, includ4 ing—

5 ‘‘(i) child care, early childhood devel6 opment and intervention services;

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

8 additional needs of families with children

9 with disabilities;

10 ‘‘(iii) job readiness services;

11 ‘‘(iv) educational services, such as

12 scholastic tutoring, literacy training, and

13 General Educational Degree services;

14 ‘‘(v) self-sufficiency and life manage15 ment skills training;

16 ‘‘(vi) community referral services; and

17 ‘‘(vii) peer counseling;

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

19 involvement of parents in the development, oper20 ation, evaluation, and oversight of the programs and

21 services;

22 ‘‘(5) provide leadership in mobilizing local pub23 lic and private resources to support the provision of

24 needed family resource and support program serv25 ices; and
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1 ‘‘(6) participate with other community-based,

2 prevention-focused, family resource and support pro3 gram grantees in the development, operation and ex4 pansion of the Statewide network.

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

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

7 programs serving low income communities and those serv8 ing young parents or parents with young children, and to

9 community-based family resource and support programs

10 previously funded under the programs consolidated under

11 the Child Abuse Prevention and Treatment Act Amend12 ments of 1995, so long as such programs meet local pro13 gram requirements.

14 ‘‘SEC. 207. PERFORMANCE MEASURES.

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

16 reports provided to the Secretary, shall—

17 ‘‘(1) demonstrate the effective development, op18 eration and expansion of a Statewide network of

19 community-based, prevention-focused, family re20 source and support programs that meets the require21 ments of this title;

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

23 services provided to families by local programs that

24 meet identified community needs, including core and

25 optional services as described in section 202;
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1 ‘‘(3) demonstrate the establishment of new res2 pite and other specific new family resources services,

3 and the expansion of existing services, to address

4 unmet needs identified by the inventory and descrip5 tion of current services required under section

6 205(a)(3);

7 ‘‘(4) describe the number of families served, in8 cluding families with children with disabilities, and

9 the involvement of a diverse representation of fami10 lies in the design, operation, and evaluation of the

11 Statewide network of community-based, prevention12 focused, family resource and support programs, and

13 in the design, operation and evaluation of the indi14 vidual community-based family resource and support

15 programs that are part of the Statewide network

16 funded under this title;

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

18 among families who have used the services of the

19 community-based, prevention-focused, family re20 source and support programs;

21 ‘‘(6) demonstrate the establishment or mainte22 nance of innovative funding mechanisms, at the

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

24 local and private funds, and innovative, interdiscipli25 nary service delivery mechanisms, for the develop-
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1 ment, operation, expansion and enhancement of the

2 Statewide network of community-based, prevention3 focused, family resource and support programs;

4 ‘‘(7) describe the results of a peer review proc5 ess conducted under the State program; and

6 ‘‘(8) demonstrate an implementation plan to en7 sure the continued leadership of parents in the on8 going planning, implementation, and evaluation of

9 such community based, prevention-focused, family

10 resource and support programs.

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

12 FAMILY RESOURCE PROGRAMS.

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

14 necessary from the amount provided under the State allot15 ment to support the activities of the lead entity in the

16 State—

17 ‘‘(1) to create, operate and maintain a peer re18 view process;

19 ‘‘(2) to create, operate and maintain an infor20 mation clearinghouse;

21 ‘‘(3) to fund a yearly symposium on State sys22 tem change efforts that result from the operation of

23 the Statewide networks of community-based, preven24 tion-focused, family resource and support programs;
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1 ‘‘(4) to create, operate and maintain a comput2 erized communication system between lead entities;

3 and

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

5 through bi-annual conferences.

6 ‘‘SEC. 209. DEFINITIONS.

7 ‘‘For purposes of this title:

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

9 ‘children with disabilities’ has the same meaning

10 given such term in section 602(a)(2) of the Individ11 uals with Disabilities Education Act.

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

13 term ‘community referral services’ means services

14 provided under contract or through interagency

15 agreements to assist families in obtaining needed in16 formation, mutual support and community re17 sources, including respite services, health and mental

18 health services, employability development and job

19 training, and other social services through help lines

20 or other methods.

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

22 ‘culturally competent’ means services, support, or

23 other assistance that is conducted or provided in a

24 manner that—
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1 ‘‘(A) is responsive to the beliefs, inter2 personal styles, attitudes, languages, and behav3 iors of those individuals and families receiving

4 services; and

5 ‘‘(B) has the greatest likelihood of ensur6 ing maximum participation of such individuals

7 and families.

8 ‘‘(4) FAMILY RESOURCE AND SUPPORT PRO9 GRAM.—The term ‘family resource and support pro10 gram’ means a community-based, prevention-focused

11 entity that—

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

13 core services required under this title, includ14 ing—

15 ‘‘(i) parent education, support and

16 leadership services, together with services

17 characterized by relationships between par18 ents and professionals that are based on

19 equality and respect, and designed to assist

20 parents in acquiring parenting skills, learn21 ing about child development, and respond22 ing appropriately to the behavior of their

23 children;

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

25 parents to serve as resources to one an-
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1 other other (such as through mutual sup2 port and parent self-help groups);

3 ‘‘(iii) early developmental screening of

4 children to assess any needs of children,

5 and to identify types of support that may

6 be provided;

7 ‘‘(iv) outreach services provided

8 through voluntary home visits and other

9 methods to assist parents in becoming

10 aware of and able to participate in family

11 resources and support program activities;

12 ‘‘(v) community and social services to

13 assist families in obtaining community re14 sources; and

15 ‘‘(vi) follow-up services;

16 ‘‘(B) provides, or arranges for the provi17 sion of, other core services through contracts or

18 agreements with other local agencies, including

19 all forms of respite services; and

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

21 directly or by contract, purchase of service, or

22 interagency agreement, including—

23 ‘‘(i) child care, early childhood devel24 opment and early intervention services;
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1 ‘‘(ii) self-sufficiency and life manage2 ment skills training;

3 ‘‘(iii) education services, such as scho4 lastic tutoring, literacy training, and Gen5 eral Educational Degree services;

6 ‘‘(iv) job readiness skills;

7 ‘‘(v) child abuse and neglect preven8 tion activities;

9 ‘‘(vi) services that families with chil10 dren with disabilities or special needs may

11 require;

12 ‘‘(vii) community and social service re13 ferral;

14 ‘‘(viii) peer counseling;

15 ‘‘(ix) referral for substance abuse

16 counseling and treatment; and

17 ‘‘(x) help line services.

18 ‘‘(5) NATIONAL NETWORK FOR COMMUNITY19 BASED FAMILY RESOURCE PROGRAMS.—The term

20 ‘network for community-based family resource pro21 gram’ means the organization of State designated

22 entities who receive grants under this title, and in23 cludes the entire membership of the Children’s Trust

24 Fund Alliance and the National Respite Network.
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1 ‘‘(6) OUTREACH SERVICES.—The term ‘out2 reach services’ means services provided to assist con3 sumers, through voluntary home visits or other

4 methods, in accessing and participating in family re5 source and support program activities.

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

7 services’ means short term care services provided in

8 the temporary absence of the regular caregiver (par9 ent, other relative, foster parent, adoptive parent, or

10 guardian) to children who—

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

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

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

14 illnesses.

15 Such services shall be provided within or outside the

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

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

18 be intended to enable the family to stay together and

19 to keep the child living in the home and community

20 of the child.

21 ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

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

23 this title, $108,000,000 for each of the fiscal years 1997

24 through 2001.’’.
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1 SEC. 202. REPEALS.

2 (a) TEMPORARY CHILD CARE FOR CHILDREN WITH

3 DISABILITIES AND CRISIS NURSERIES ACT.—The Tem4 porary Child Care for Children with Disabilities and Crisis

5 Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is re6 pealed.

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

8 VII of the Stewart B. McKinney Homeless Assistance Act

9 (42 U.S.C. 11481 et seq.) is repealed.

10 TITLE III—FAMILY VIOLENCE

11 PREVENTION AND SERVICES

12 SEC. 301. REFERENCE.

13 Except as otherwise expressly provided, whenever in

14 this title an amendment or repeal is expressed in terms

15 of an amendment to, or repeal of, a section or other provi16 sion, the reference shall be considered to be made to a

17 section or other provision of the Family Violence Preven18 tion and Services Act (42 U.S.C. 10401 et seq.).

19 SEC. 302. STATE DEMONSTRATION GRANTS.

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

21 (1) by striking ‘‘following local share’’ and in22 serting ‘‘following non-Federal matching local

23 share’’; and

24 (2) by striking ‘‘20 percent’’ and all that fol25 lows through ‘‘private sources.’’ and inserting ‘‘with

26 respect to an entity operating an existing program
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1 under this title, not less than 20 percent, and with

2 respect to an entity intending to operate a new pro3 gram under this title, not less than 35 percent.’’.

4 SEC. 303. ALLOTMENTS.

5 Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amend6 ed by striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.

7 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

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

9 (1) in subsection (b), by striking ‘‘80’’ and in10 serting ‘‘70’’; and

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

12 new subsections:

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

14 amounts appropriated under subsection (a) for each fiscal

15 year, not less than 10 percent of such amounts shall be

16 used by the Secretary for making grants under section

17 311.

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

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

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

21 and local public funds expended to provide services and

22 activities that promote the purposes of this title.’’.
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1 TITLE IV—ADOPTION

2 OPPORTUNITIES

3 SEC. 401. REFERENCE.

4 Except as otherwise expressly provided, whenever in

5 this title an amendment or repeal is expressed in terms

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a

8 section or other provision of the Child Abuse Prevention

9 and Treatment and Adoption Reform Act of 1978 (42

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

11 SEC. 402. FINDINGS AND PURPOSE.

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

13 (1) in subsection (a)—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘50 percent between

16 1985 and 1990’’ and inserting ‘‘61 percent

17 between 1986 and 1994’’; and

18 (ii) by striking ‘‘400,000 children at

19 the end of June, 1990’’ and inserting

20 ‘‘452,000 as of June, 1994’’; and

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

22 and inserting ‘‘legal’’; and

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

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

25 adoption and awaiting placement;
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1 ‘‘(B) such children are typically school aged, in

2 sibling groups, have experienced neglect or abuse, or

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

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

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

6 over represented in such group;’’; and

7 (2) in subsection (b)—

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

9 that follows through ‘‘providing a mechanism’’

10 and inserting ‘‘conditions, by providing a mech11 anism’’; and

12 (B) by redesignating subparagraphs (A)

13 through (C), as paragraphs (1) through (3), re14 spectively and by realigning the margins of such

15 paragraphs accordingly.

16 SEC. 403. INFORMATION AND SERVICES.

17 Section 203 (42 U.S.C. 5113) is amended—

18 (1) in subsection (a), by striking the last sen19 tence;

20 (2) in subsection (b)—

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

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

23 placement of children in kinship care arrangements,

24 pre-adoptive, or adoptive homes;’’;
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1 (B) by redesignating paragraphs (7)

2 through (9) as paragraphs (8) through (10), re3 spectively; and

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

5 following new paragraph:

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

7 with public or private nonprofit agencies (including

8 community-based and other organizations), or sec9 tarian institutions for the recruitment of potential

10 adoptive and foster families and to provide assist11 ance in the placement of children for adoption;’’; and

12 (3) in subsection (d)—

13 (A) in paragraph (2)—

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

15 ‘‘(A) Each’’;

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

17 and inserting ‘‘that describes the manner

18 in which the State will use funds during

19 the 3-fiscal years subsequent to the date of

20 the application to accomplish the purposes

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

22 and

23 (iii) by adding at the end thereof the

24 following new subparagraph:
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1 ‘‘(B) The Secretary shall provide, directly or by grant

2 to or contract with public or private nonprofit agencies

3 or organizations—

4 ‘‘(i) technical assistance and resource and refer5 ral information to assist State or local governments

6 with termination of parental rights issues, in recruit7 ing and retaining adoptive families, in the successful

8 placement of children with special needs, and in the

9 provision of pre- and post-placement services, includ10 ing post-legal adoption services; and

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

12 governments replicate successful adoption-related

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

14 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

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

16 (1) in subsection (a), by striking

17 ‘‘$10,000,000,’’ and all that follows through

18 ‘‘203(c)(1)’’ and inserting ‘‘$20,000,000 for fiscal

19 year 1996, and such sums as may be necessary for

20 each of the fiscal years 1997 through 2001 to carry

21 out programs and activities authorized’’;

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

23 (3) by redesignating subsection (c) as sub24 section (b).
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1 TITLE V—ABANDONED INFANTS

2 ASSISTANCE ACT OF 1986

3 SEC. 501. REAUTHORIZATION.

4 Section 104(a)(1) of the Abandoned Infants Assist5 ance Act of 1988 (42 U.S.C. 670 note) is amended by

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

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

8 fiscal years 1995 through 1997, and such sums as may

9 be necessary for each of the fiscal years 1998 through

10 2001’’.

11 TITLE VI—REAUTHORIZATION

12 OF VARIOUS PROGRAMS

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

14 Section 408 of the Missing Children’s Assistance Act

15 (42 U.S.C. 5777) is amended—

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

17 GENERAL.—’’

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

19 ‘‘1996, and 1997 through 2001’’; and

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

21 new subsection:

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

23 more than 5 percent of the amount appropriated for a fis24 cal year under subsection (a) to conduct an evaluation of
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1 the effectiveness of the programs and activities established

2 and operated under this title.’’.

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

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

5 1990 (42 U.S.C. 13004) is amended—

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

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

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

9 1996’’ and inserting ‘‘1996, through 2001’’.

Passed the Senate July 18, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 919

AN ACT

To modify and reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes.
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