Calendar No. 149

104TH CONGRESS

1ST SESSION S. 919

[Report No. 104–117]

A BILL

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

JULY 20 (legislative day, JULY 10), 1995

Reported with an amendment
II

Calendar No. 149

104TH CONGRESS

1ST SESSION S. 919

[Report No. 104–117]

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

JULY 20 (legislative day, JULY 10), 1995

Reported by Mrs. KASSEBAUM, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Child Abuse Prevention and Treatment Act Amendments

4 of 1995’’.

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

6 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 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
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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

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), to 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’’;
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1 (5) in paragraph (8), by inserting ‘‘safety,’’

2 after ‘‘fosters the health,’’;

3 (6) in paragraph (10)—

4 (A) by striking ‘‘ensure that every commu5 nity in the United States has’’ and inserting

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

7 (B) by inserting ‘‘and family’’ after ‘‘com8 prehensive child’’; and

9 (7) in paragraph (11)—

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

11 place that such appears and inserting ‘‘child

12 and family protection’’; and

13 (B) in subparagraph (D), by striking ‘‘suf14 ficient’’.

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

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

17 follows:

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

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

20 and Human Services may establish an office to be known

21 as the Office on Child Abuse and Neglect.

22 ‘‘(b) PURPOSE.—The purpose of the Office estab23 lished under subsection (a) shall be to execute and coordi24 nate the functions and activities of this Act. In the event

25 that such functions and activities are performed by an-
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1 other entity or entities within the Department of Health

2 and Human Services, the Secretary shall ensure that such

3 functions and activities are executed with the necessary

4 expertise and in a fully coordinated manner involving reg5 ular intradepartmental and interdepartmental consulta6 tion with all agencies involved in child abuse and neglect

7 activities.’’.

8 SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NE9 GLECT.

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

11 follows:

12 ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NE13 GLECT.

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

15 advisory board to make recommendations to the Secretary

16 and to the appropriate committees of Congress concerning

17 specific issues relating to child abuse and neglect.

18 ‘‘(b) SOLICITATION OF NOMINATIONS.—The Sec19 retary shall publish a notice in the Federal Register solic20 iting nominations for the appointment of members of the

21 advisory board under subsection (a).

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

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

24 the general public who are individuals knowledgeable in

25 child abuse and neglect prevention, intervention, treat-
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1 ment, or research, and with due consideration to represen2 tation of ethnic or racial minorities and diverse geographic

3 areas, and who represent—

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

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

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

7 services);

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

9 ‘‘(5) State and local government;

10 ‘‘(6) organizations providing services to disabled

11 persons;

12 ‘‘(7) organizations providing services to adoles13 cents;

14 ‘‘(8) teachers;

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

16 ‘‘(10) parents’ groups;

17 ‘‘(11) voluntary groups; and

18 ‘‘(12) family rights groups.

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 a more focused at13 tention to legitimate cases of abuse or neglect which

14 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 contract 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, or 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

3 child abuse and neglect reporting information which,

4 to the extent practical, shall be universal and case

5 specific, 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

11 ACTIVITIES.

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 ‘‘carry out a con21 tinuing interdisciplinary program of research

22 that is designed to provide information needed

23 to better protect children from abuse or neglect

24 and to improve the well-being of abused or ne25 glected children, with at least a portion of such
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1 research being field initiated. Such research

2 program may focus on’’;

3 (B) by redesignating subparagraphs (A)

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

5 respectively;

6 (C) by inserting before subparagraph (B)

7 (as so redesignated) the following new subpara8 graph:

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

10 and neglect;’’;

11 (D) in subparagraph (B) (as so redesig12 nated), by striking ‘‘identification treatment

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

14 assessment, identification, treatment, cultural

15 and socio-economic distinctions, and the con16 sequences of child abuse and neglect’’;

17 (E) in subparagraph (D) (as so redesig18 nated)—

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

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

21 ‘‘(ii) the incidence of substantiated

22 and unsubstantiated reported child abuse

23 cases;

24 ‘‘(iii) the number of substantiated

25 cases that result in a legal finding of child
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1 abuse or neglect or related criminal court

2 convictions;

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

4 of unsubstantiated, unfounded and false

5 reported cases of child abuse or neglect

6 have contributed to the inability of a State

7 to respond effectively to serious cases of

8 child abuse or neglect;

9 ‘‘(v) the number of unsubstantiated,

10 false, or unfounded reports that have re11 sulted in a child being placed on substitute

12 care, and the duration of such placement;

13 ‘‘(vi) the extent to which unsubstan14 tiated reports return as more serious cases

15 of child abuse or neglect;

16 ‘‘(vii) the incidence and prevalence of

17 physical, sexual, and emotional abuse and

18 physical and emotional neglect in sub19 stitute care; and

20 ‘‘(viii) the incidence and outcomes of

21 abuse allegations reported within the con22 text of divorce, custody, or other family

23 court proceedings, and the interaction be24 tween this venue and the child protective

25 services system.’’; and
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1 (3) in paragraph (2)—

2 (A) in subparagraph (A)—

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

4 and

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

6 activities under section 106’’ and inserting

7 ‘‘paragraph (1)’’; and

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

9 demonstration’’.

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

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

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

13 U.S.C. 5105(c)) is amended—

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

15 ‘‘(1) IN GENERAL.—The Secretary’’;

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

17 (3) by inserting ‘‘State and local’’ before ‘‘pub18 lic and nonprofit’’;

19 (4) by inserting ‘‘assessment,’’ before ‘‘identi20 fication’’; and

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

22 new paragraphs:

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

24 may include an evaluation or identification of—
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1 ‘‘(A) various methods and procedures for

2 the investigation, assessment, and prosecution

3 of child physical and sexual abuse cases;

4 ‘‘(B) resultant ways to mitigate psycho5 logical trauma to the child victim; and

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

7 States under titles I and III.

8 ‘‘(3) DISSEMINATION.—The Secretary may pro9 vide for and disseminate information relating to var10 ious training resources available at the State and

11 local level to—

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

13 intend to engage, in the prevention, identifica14 tion, and treatment of child abuse and neglect;

15 and

16 ‘‘(B) to appropriate State and local offi17 cials to assist in training law enforcement,

18 legal, judicial, medical, mental health, edu19 cation, and child welfare personnel in appro20 priate methods of interacting during investiga21 tive, administrative, and judicial proceedings

22 with children who have been subjected to

23 abuse.’’.
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1 (d) GRANTS AND CONTRACTS.—Section 105(d)(2)

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

3 sentence.

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

5 5105(e)) is amended—

6 (1) in paragraph (1)—

7 (A) in subparagraph (A), by striking ‘‘and

8 contracts’’; and

9 (B) in subparagraph (B)—

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

11 ‘‘may’’; and

12 (ii) by striking ‘‘Office of Human De13 velopment’’ and inserting ‘‘Administration

14 on Children and Families’’; and

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

16 other financial assistance’’.

17 SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

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

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

20 SERVICE’’;

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

22 and inserting the following new paragraph:

23 ‘‘(1) DEMONSTRATION PROGRAMS AND

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

25 enter into contracts with, public agencies or non-
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1 profit private agencies or organizations (or combina2 tions of such agencies or organizations) for time lim3 ited, research based demonstration programs and

4 projects for the following purposes:

5 ‘‘(A) TRAINING PROGRAMS.—The Sec6 retary may award grants to public or private

7 non-profit organizations under this section—

8 ‘‘(i) for the training of professional

9 and paraprofessional personnel in the

10 fields of medicine, law, education, social

11 work, and other relevant fields who are en12 gaged in, or intend to work in, the field of

13 prevention, identification, and treatment of

14 child abuse and neglect;

15 ‘‘(ii) to provide culturally specific in16 struction in methods of protecting children

17 from child abuse and neglect to children

18 and to persons responsible for the welfare

19 of children, including parents of and per20 sons who work with children with disabil21 ities;

22 ‘‘(iii) to improve the recruitment, se23 lection, and training of volunteers serving

24 in private and public nonprofit children,

25 youth and family service organizations in
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1 order to prevent child abuse and neglect

2 through collaborative analysis of current

3 recruitment, selection, and training pro4 grams and development of model programs

5 for dissemination and replication nation6 ally; and

7 ‘‘(iv) for the establishment of resource

8 centers for the purpose of providing infor9 mation and training to professionals work10 ing in the field of child abuse and neglect.

11 ‘‘(B) MUTUAL SUPPORT PROGRAMS.—The

12 Secretary may award grants to private non13 profit organizations (such as Parents Anony14 mous) to establish or maintain a national net15 work of mutual support and self-help programs

16 as a means of strengthening families in part17 nership with their communities.

18 ‘‘(C) OTHER INNOVATIVE PROGRAMS AND

19 PROJECTS.—

20 ‘‘(i) IN GENERAL.—The Secretary

21 may award grants to public agencies that

22 demonstrate innovation in responding to

23 reports of child abuse and neglect includ24 ing programs of collaborative partnerships

25 between the State child protective service
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1 agency, community social service agencies

2 and family support programs, schools,

3 churches and synagogues, and other com4 munity agencies to allow for the establish5 ment of a triage system that—

6 ‘‘(I) accepts, screens and assesses

7 reports received to determine which

8 such reports require an intensive

9 intervention and which require vol10 untary referral to another agency,

11 program or project;

12 ‘‘(II) provides, either directly or

13 through referral, a variety of commu14 nity-linked services to assist families

15 in preventing child abuse and neglect;

16 and

17 ‘‘(III) provides further investiga18 tion and intensive intervention where

19 the child’s safety is in jeopardy.

20 ‘‘(ii) PREFERRED PLACEMENT.—The

21 Secretary may award grants to public enti22 ties to assist such entities in developing or

23 implementing procedures protecting the

24 rights of families, using adult relatives as

25 the preferred placement for children re-
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1 moved from their home, where such rel2 atives are determined to be capable of pro3 viding a safe environment for the child or

4 where such relatives comply with the State

5 child protection standards.’’; and

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

7 new subsection:

8 ‘‘(d) EVALUATION.—In making grants for dem9 onstration projects under this section, the Secretary shall

10 require all such projects to be evaluated for their effective11 ness. Funding for such evaluations shall be provided either

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

13 separate grant entered into by the Secretary for the pur14 pose of evaluating a particular demonstration project or

15 group of projects.’’.

16 SEC. 109. STATE GRANTS FOR PREVENTION AND TREAT17 MENT PROGRAMS.

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

19 follows:

20 ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NE21 GLECT PREVENTION AND TREATMENT PRO22 GRAMS.

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

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

25 population of children under the age of 18 in each State
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1 that applies for a grant under this section, for purposes

2 of assisting the States in improving the child protective

3 service system of each such State in—

4 ‘‘(1) the intake, assessment, screening, and in5 vestigation of reports of abuse and neglect;

6 ‘‘(2)(A) creating and improving the use of mul7 tidisciplinary teams and interagency protocols to en8 hance investigations; and

9 ‘‘(B) improving legal preparation and represen10 tation, including—

11 ‘‘(i) procedures for appealing and respond12 ing to appeals of substantiated reports of abuse

13 and neglect; and

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

15 guardian ad litem.

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

17 provided to children and their families;

18 ‘‘(4) enhancing the general child protective sys19 tem by improving risk and safety assessment tools

20 and protocols, automation systems that support the

21 program and track reports of child abuse and ne22 glect from intake through final disposition and infor23 mation referral systems;

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

25 training opportunities and requirements for individ-
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1 uals overseeing and providing services to children

2 and their families through the child protection sys3 tem;

4 ‘‘(6) developing and facilitating training proto5 cols for individuals mandated to report child abuse

6 or neglect;

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

8 child abuse and neglect prevention, treatment, and

9 research programs in the public and private sectors;

10 or

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

12 ‘‘(A) information and education programs

13 or training programs designed to improve the

14 provision of services to disabled infants with

15 life-threatening conditions for—

16 ‘‘(i) professional and paraprofessional

17 personnel concerned with the welfare of

18 disabled infants with life-threatening con19 ditions, including personnel employed in

20 child protective services programs and

21 health-care facilities; and

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

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

24 community-based programs to integrate shared

25 leadership strategies between parents and pro-
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1 fessionals to prevent and treat child abuse and

2 neglect at the neighborhood level; and

3 ‘‘(C) programs to assist in obtaining or co4 ordinating necessary services for families of dis5 abled infants with life-threatening conditions,

6 including—

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

8 ‘‘(ii) financial assistance; and

9 ‘‘(iii) services necessary to facilitate

10 adoptive placement of any such infants

11 who have been relinquished for adoption.

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

13 Secretary is authorized to make grants to the States for

14 purposes of developing, implementing, or operating—

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

16 subsection (b)(2);

17 ‘‘(2) procedures or programs designed to im18 prove the provision of services to disabled infants

19 with life-threatening conditions for—

20 ‘‘(A) professional and paraprofessional per21 sonnel concerned with the welfare of disabled

22 infants with life-threatening conditions, includ23 ing personnel employed in child protective serv24 ices programs and health-care facilities; and

25 ‘‘(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,
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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 ‘‘(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;
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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.
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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 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,
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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.’’.
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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:
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•S 919 RS

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 RS

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

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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 RS

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—
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•S 919 RS

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
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•S 919 RS

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 RS

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 RS

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 RS

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 RS

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
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•S 919 RS

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;
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•S 919 RS

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 RS

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;
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•S 919 RS

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.
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•S 919 RS

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 RS

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

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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 RS

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—
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•S 919 RS

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
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•S 919 RS

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;
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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.
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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’’.

15 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

17 ‘‘Child Abuse Prevention and Treatment Act Amendments

18 of 1995’’.

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

20 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 and assistance activities.

Sec. 108. Grants for demonstration programs.
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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.

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 of

5 an amendment to, or repeal of, a section or other provision,

6 the reference shall be considered to be made to a section or

7 other provision of the Child Abuse Prevention and Treat8 ment Act (42 U.S.C. 5101 et seq.).

9 SEC. 102. FINDINGS.

10 Section 2 (42 U.S.C. 5101 note) is amended—
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1 (1) in paragraph (1), the read as follows:

2 ‘‘(1) each year, close to 1,000,000 American chil3 dren are victims of abuse and neglect;’’;

4 (2) in paragraph (3)(C), by inserting ‘‘assess5 ment,’’ after ‘‘prevention,’’;

6 (3) in paragraph (4)—

7 (A) by striking ‘‘tens of’’; and

8 (B) by striking ‘‘direct’’ and all that follows

9 through the semicolon and inserting ‘‘tangible ex10 penditures, as well as significant intangible

11 costs;’’;

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

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

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

15 ‘‘fosters the health,’’;

16 (6) in paragraph (10)—

17 (A) by striking ‘‘ensure that every commu18 nity in the United States has’’ and inserting

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

20 (B) by inserting ‘‘and family’’ after ‘‘com21 prehensive child’’; and

22 (7) in paragraph (11)—

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

24 place that such appears and inserting ‘‘child and

25 family protection’’; and
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1 (B) in subparagraph (D), by striking ‘‘suf2 ficient’’.

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

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

5 follows:

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

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Health and

8 Human Services may establish an office to be known as

9 the Office on Child Abuse and Neglect.

10 ‘‘(b) PURPOSE.—The purpose of the Office established

11 under subsection (a) shall be to execute and coordinate the

12 functions and activities of this Act. In the event that such

13 functions and activities are performed by another entity or

14 entities within the Department of Health and Human Serv15 ices, the Secretary shall ensure that such functions and ac16 tivities are executed with the necessary expertise and in a

17 fully coordinated manner involving regular

18 intradepartmental and interdepartmental consultation

19 with all agencies involved in child abuse and neglect activi20 ties.’’.

21 SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NE22 GLECT.

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

24 follows:
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1 ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NE2 GLECT.

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

4 advisory board to make recommendations to the Secretary

5 and to the appropriate committees of Congress concerning

6 specific issues relating to child abuse and neglect.

7 ‘‘(b) SOLICITATION OF NOMINATIONS.—The Secretary

8 shall publish a notice in the Federal Register soliciting

9 nominations for the appointment of members of the advi10 sory board under subsection (a).

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

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

13 the general public who are individuals knowledgeable in

14 child abuse and neglect prevention, intervention, treatment,

15 or research, and with due consideration to representation

16 of ethnic or racial minorities and diverse geographic areas,

17 and who represent—

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

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

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

21 services);

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

23 ‘‘(5) State and local government;

24 ‘‘(6) organizations providing services to disabled

25 persons;
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1 ‘‘(7) organizations providing services to adoles2 cents;

3 ‘‘(8) teachers;

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

5 ‘‘(10) parents’ groups;

6 ‘‘(11) voluntary groups;

7 ‘‘(12) family rights groups; and

8 ‘‘(13) children’s rights advocates.

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

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

11 original appointment was made.

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

13 a chairperson and vice-chairperson at its first meeting from

14 among the members of the board.

15 ‘‘(f) DUTIES.—Not later than 1 year after the estab16 lishment of the board under subsection (a), the board shall

17 submit to the Secretary and the appropriate committees of

18 Congress a report, or interim report, containing—

19 ‘‘(1) recommendations on coordinating Federal,

20 State, and local child abuse and neglect activities

21 with similar activities at the Federal, State, and local

22 level pertaining to family violence prevention;

23 ‘‘(2) specific modifications needed in Federal

24 and State laws and programs to reduce the number

25 of unfounded or unsubstantiated reports of child
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1 abuse or neglect while enhancing the ability to iden2 tify and substantiate legitimate cases of abuse or ne3 glect which place a child in danger; and

4 ‘‘(3) recommendations for modifications needed

5 to facilitate coordinated national data collection with

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

7 SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.

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

9 SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION

10 RELATING TO CHILD ABUSE.

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

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

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

14 the Department, or by one or more contracts of not less than

15 3 years duration let through a competition, establish a na16 tional clearinghouse for information relating to child

17 abuse.’’;

18 (2) in subsection (b)—

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

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

22 (B) in paragraph (1)—

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

24 ‘‘prevention,’’; and
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1 (ii) by striking ‘‘, including’’ and all

2 that follows through ‘‘105(b)’’ and inserting

3 ‘‘and’’;

4 (C) in paragraph (2)—

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

6 ‘‘general population’’ and inserting ‘‘United

7 States’’;

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

9 ‘‘and’’ at the end thereof;

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

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

12 period; and

13 (iv) by striking subparagraph (D); and

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

15 (3) in subsection (c)—

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

17 by striking ‘‘Director’’ and inserting ‘‘Sec18 retary’’;

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

20 represented on the task force’’ and inserting ‘‘in21 volved with child abuse and neglect and mecha22 nisms for the sharing of such information among

23 other Federal agencies and clearinghouses’’;

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

25 regional’’ and all that follows and inserting the
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1 following: ‘‘Federal, State, regional, and local

2 child welfare data systems which shall include:

3 ‘‘(A) standardized data on false, unfounded,

4 unsubstantiated, and substantiated reports; and

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

6 due to child abuse and neglect;’’;

7 (D) by redesignating paragraph (4) as

8 paragraph (6); and

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

10 following new paragraphs:

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

12 analysis program and in consultation with appro13 priate State and local agencies and experts in the

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

15 abuse and neglect reporting information which, to the

16 extent practical, shall be universal and case specific,

17 and integrated with other case-based foster care and

18 adoption data collected by the Secretary;

19 ‘‘(5) compile, analyze, and publish a summary of

20 the research conducted under section 105(a); and’’.

21 SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE AC22 TIVITIES.

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

24 5105(a)) is amended—
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1 (1) in the section heading, by striking ‘‘OF THE

2 NATIONAL CENTER ON CHILD ABUSE AND

3 NEGLECT’’;

4 (2) in paragraph (1)—

5 (A) in the matter preceding subparagraph

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

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

8 with other Federal agencies and recognized ex9 perts in the field, carry out a continuing inter10 disciplinary program of research that is designed

11 to provide information needed to better protect

12 children from abuse or neglect and to improve

13 the well-being of abused or neglected children,

14 with at least a portion of such research being

15 field initiated. Such research program may focus

16 on’’;

17 (B) by redesignating subparagraphs (A)

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

19 respectively;

20 (C) by inserting before subparagraph (B)

21 (as so redesignated) the following new subpara22 graph:

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

24 and neglect;’’;
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1 (D) in subparagraph (B) (as so redesig2 nated), to read as follows:

3 ‘‘(B) causes, prevention, assessment, identi4 fication, treatment, cultural and socio-economic

5 distinctions, and the consequences of child abuse

6 and neglect;’’;

7 (E) in subparagraph (D) (as so redesig8 nated)—

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

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

11 ‘‘(ii) the incidence of substantiated and

12 unsubstantiated reported child abuse cases;

13 ‘‘(iii) the number of substantiated cases

14 that result in a judicial finding of child

15 abuse or neglect or related criminal court

16 convictions;

17 ‘‘(iv) the extent to which the number of

18 unsubstantiated, unfounded and false re19 ported cases of child abuse or neglect have

20 contributed to the inability of a State to re21 spond effectively to serious cases of child

22 abuse or neglect;

23 ‘‘(v) the extent to which the lack of ade24 quate resources and the lack of adequate

25 training of reporters have contributed to the
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1 inability of a State to respond effectively to

2 serious cases of child abuse and neglect;

3 ‘‘(vi) the number of unsubstantiated,

4 false, or unfounded reports that have re5 sulted in a child being placed in substitute

6 care, and the duration of such placement;

7 ‘‘(vii) the extent to which unsubstan8 tiated reports return as more serious cases

9 of child abuse or neglect;

10 ‘‘(viii) the incidence and prevalence of

11 physical, sexual, and emotional abuse and

12 physical and emotional neglect in substitute

13 care; and

14 ‘‘(ix) the incidence and outcomes of

15 abuse allegations reported within the con16 text of divorce, custody, or other family

17 court proceedings, and the interaction be18 tween this venue and the child protective

19 services system.’’; and

20 (3) in paragraph (2)—

21 (A) in subparagraph (A)—

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

23 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 U.S.C.

7 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 ‘‘public

14 and nonprofit’’;

15 (4) by inserting ‘‘assessment,’’ before ‘‘identifica16 tion’’; 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 the

22 investigation, assessment, and prosecution of

23 child physical and sexual abuse cases;

24 ‘‘(B) ways to mitigate psychological trauma

25 to the child victim; and
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1 ‘‘(C) effective programs carried out by the

2 States under titles I and II.

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) appropriate State and local officials to

12 assist in training law enforcement, legal, judi13 cial, medical, mental health, education, and

14 child welfare personnel in appropriate methods

15 of interacting during investigative, administra16 tive, and judicial proceedings with children who

17 have been subjected to abuse.’’.

18 (d) GRANTS AND CONTRACTS.—Section 105(d)(2) (42

19 U.S.C. 5105(d)(2)) is amended by striking the second sen20 tence.

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

22 5105(e)) is amended—

23 (1) in paragraph (1)—

24 (A) in subparagraph (A)—
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1 (i) by striking ‘‘establish a formal’’

2 and inserting ‘‘, in consultation with ex3 perts in the field and other federal agencies,

4 establish a formal, rigorous, and meritori5 ous’’;

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

7 (iii) by adding at the end thereof the

8 following new sentence: ‘‘The purpose of this

9 process is to enhance the quality and useful10 ness of research in the field of child abuse

11 and neglect.’’; and

12 (B) in subparagraph (B)—

13 (i) by striking ‘‘Office of Human De14 velopment’’ and inserting ‘‘Administration

15 on Children and Families’’; and

16 (ii) by adding at the end thereof the

17 following new sentence: ‘‘The Secretary shall

18 ensure that the peer review panel utilizes

19 scientifically valid review criteria and scor20 ing guidelines for review committees.’’; and

21 (2) in paragraph (2)—

22 (A) in the matter preceding subparagraph

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

24 assistance’’; and
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1 (B) by adding at the end thereof the follow2 ing flush sentence:

3 ‘‘The Secretary shall award grants under this section

4 on the basis of competitive review.’’.

5 SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

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

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

8 SERVICE’’;

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

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

11 The Secretary may make grants to, and enter into contracts

12 with, public agencies or nonprofit private agencies or orga13 nizations (or combinations of such agencies or organiza14 tions) for time limited, demonstration programs and

15 projects for the following purposes:

16 ‘‘(1) TRAINING PROGRAMS.—The Secretary may

17 award grants to public or private non-profit organi18 zations under this section—

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

20 paraprofessional personnel in the fields of medi21 cine, law, education, social work, and other rel22 evant fields who are engaged in, or intend to

23 work in, the field of prevention, identification,

24 and treatment of child abuse and neglect, includ-
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1 ing the links between domestic violence and child

2 abuse;

3 ‘‘(B) to provide culturally specific instruc4 tion in methods of protecting children from child

5 abuse and neglect to children and to persons re6 sponsible for the welfare of children, including

7 parents of and persons who work with children

8 with disabilities;

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

10 and training of volunteers serving in private

11 and public nonprofit children, youth and family

12 service organizations in order to prevent child

13 abuse and neglect through collaborative analysis

14 of current recruitment, selection, and training

15 programs and development of model programs

16 for dissemination and replication nationally;

17 and

18 ‘‘(D) for the establishment of resource cen19 ters for the purpose of providing information

20 and training to professionals working in the

21 field of child abuse and neglect.

22 ‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Sec23 retary may award grants to private non-profit orga24 nizations (such as Parents Anonymous) to establish

25 or maintain a national network of mutual support
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1 and self-help programs as a means of strengthening

2 families in partnership with their communities.

3 ‘‘(3) OTHER INNOVATIVE PROGRAMS AND

4 PROJECTS.—

5 ‘‘(A) IN GENERAL.—The Secretary may

6 award grants to public agencies that demonstrate

7 innovation in responding to reports of child

8 abuse and neglect including programs of collabo9 rative partnerships between the State child pro10 tective service agency, community social service

11 agencies and family support programs, schools,

12 churches and synagogues, and other community

13 agencies to allow for the establishment of a triage

14 system that—

15 ‘‘(i) accepts, screens and assesses re16 ports received to determine which such re17 ports require an intensive intervention and

18 which require voluntary referral to another

19 agency, program or project;

20 ‘‘(ii) provides, either directly or

21 through referral, a variety of community22 linked services to assist families in prevent23 ing child abuse and neglect; and
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1 ‘‘(iii) provides further investigation

2 and intensive intervention where the child’s

3 safety is in jeopardy.

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

5 award grants to public entities to assist such en6 tities in developing or implementing procedures

7 using adult relatives as the preferred placement

8 for children removed from their home, where such

9 relatives are determined to be capable of provid10 ing a safe nurturing environment for the child or

11 where such relatives comply with the State child

12 protection standards.

13 ‘‘(C) VISITATION CENTERS.—The Secretary

14 may award grants to public or private nonprofit

15 entities to assist such entities in the establish16 ment or operation of supervised visitation cen17 ters where there is documented, highly suspected,

18 or elevated risk of child sexual, physical, or emo19 tional abuse where, due to domestic violence,

20 there is an ongoing risk of harm to a parent or

21 child.’’;

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

23 and (2); and

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

25 new subsection:
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1 ‘‘(d) EVALUATION.—In making grants for demonstra2 tion projects under this section, the Secretary shall require

3 all such projects to be evaluated for their effectiveness.

4 Funding for such evaluations shall be provided either as

5 a stated percentage of a demonstration grant or as a sepa6 rate grant entered into by the Secretary for the purpose of

7 evaluating a particular demonstration project or group of

8 projects.’’.

9 SEC. 109. STATE GRANTS FOR PREVENTION AND TREAT10 MENT PROGRAMS.

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

12 follows:

13 ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NE14 GLECT PREVENTION AND TREATMENT PRO15 GRAMS.

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

17 Secretary shall make grants to the States, based on the pop18 ulation of children under the age of 18 in each State that

19 applies for a grant under this section, for purposes of assist20 ing the States in improving the child protective service sys21 tem of each such State in—

22 ‘‘(1) the intake, assessment, screening, and inves23 tigation of reports of abuse and neglect;
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1 ‘‘(2)(A) creating and improving the use of multi2 disciplinary teams and interagency protocols to en3 hance investigations; and

4 ‘‘(B) improving legal preparation and represen5 tation, including—

6 ‘‘(i) procedures for appealing and respond7 ing to appeals of substantiated reports of abuse

8 and neglect; and

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

10 guardian ad litem.

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

12 provided to children and their families;

13 ‘‘(4) enhancing the general child protective sys14 tem by improving risk and safety assessment tools

15 and protocols, automation systems that support the

16 program and track reports of child abuse and neglect

17 from intake through final disposition and informa18 tion referral systems;

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

20 training opportunities and requirements for individ21 uals overseeing and providing services to children and

22 their families through the child protection system;

23 ‘‘(6) developing and facilitating training proto24 cols for individuals mandated to report child abuse or

25 neglect;
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1 ‘‘(7) developing, strengthening, and supporting

2 child abuse and neglect prevention, treatment, and re3 search programs in the public and private sectors;

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

5 ‘‘(A) information and education programs

6 or training programs designed to improve the

7 provision of services to disabled infants with life8 threatening conditions for—

9 ‘‘(i) professional and paraprofessional

10 personnel concerned with the welfare of dis11 abled infants with life-threatening condi12 tions, including personnel employed in child

13 protective services programs and health-care

14 facilities; and

15 ‘‘(ii) the parents of such infants; and

16 ‘‘(B) programs to assist in obtaining or co17 ordinating necessary services for families of dis18 abled infants with life-threatening conditions,

19 including—

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

21 ‘‘(ii) financial assistance; and

22 ‘‘(iii) services necessary to facilitate

23 adoptive placement of any such infants who

24 have been relinquished for adoption; or
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1 ‘‘(9) developing and enhancing the capacity of

2 community-based programs to integrate shared lead3 ership strategies between parents and professionals to

4 prevent and treat child abuse and neglect at the

5 neighborhood level.

6 ‘‘(b) ELIGIBILITY REQUIREMENTS.—In order for a

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

8 shall provide an assurance or certification, signed by the

9 chief executive officer of the State, that the State—

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

11 Statewide program relating to child abuse and neglect

12 which ensures—

13 ‘‘(A) provisions or procedures for the report14 ing of known and suspected instances of child

15 abuse and neglect;

16 ‘‘(B) procedures for the immediate screen17 ing, safety assessment, and prompt investigation

18 of such reports;

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

20 taken to ensure and protect the safety of the

21 abused or neglected child and of any other child

22 under the same care who may also be in danger

23 of abuse or neglect;

24 ‘‘(D) provisions for immunity from prosecu25 tion under State and local laws and regulations
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1 for individuals making good faith reports of sus2 pected or known instances of child abuse or ne3 glect;

4 ‘‘(E) methods to preserve the confidentiality

5 of all records in order to protect the rights of the

6 child and of the child’s parents or guardians, in7 cluding methods to ensure that disclosure (and

8 redisclosure) of information concerning child

9 abuse or neglect involving specific individuals is

10 made only to persons or entities that the State

11 determines have a need for such information di12 rectly related to the purposes of this Act;

13 ‘‘(F) requirements for the prompt disclosure

14 of all relevant information to any Federal, State,

15 or local governmental entity, or any agent of

16 such entity, with a need for such information in

17 order to carry out its responsibilities under law

18 to protect children from abuse and neglect;

19 ‘‘(G) the cooperation of State law enforce20 ment officials, court of competent jurisdiction,

21 and appropriate State agencies providing

22 human services;

23 ‘‘(H) provisions requiring, and procedures

24 in place that facilitate the prompt expungement

25 of any records that are accessible to the general
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1 public or are used for purposes of employment or

2 other background checks in cases determined to

3 be unsubstantiated or false, except that nothing

4 in this section shall prevent State child protec5 tive service agencies from keeping information on

6 unsubstantiated reports in their casework files to

7 assist in future risk and safety assessment; and

8 ‘‘(I) provisions and procedures requiring

9 that in every case involving an abused or ne10 glected child which results in a judicial proceed11 ing, a guardian ad litem shall be appointed to

12 represent the child in such proceedings; and

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

14 the reporting of medical neglect (including instances

15 of withholding of medically indicated treatment from

16 disabled infants with life-threatening conditions),

17 procedures or programs, or both (within the State

18 child protective services system), to provide for—

19 ‘‘(A) coordination and consultation with in20 dividuals designated by and within appropriate

21 health-care facilities;

22 ‘‘(B) prompt notification by individuals

23 designated by and within appropriate health24 care facilities of cases of suspected medical ne25 glect (including instances of withholding of
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1 medically indicated treatment from disabled in2 fants with life-threatening conditions); and

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

4 State child protective service system to pursue

5 any legal remedies, including the authority to

6 initiate legal proceedings in a court of competent

7 jurisdiction, as may be necessary to prevent the

8 withholding of medically indicated treatment

9 from disabled infants with life threatening con10 ditions.

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

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

13 shall provide an assurance or certification that the State

14 has in place provisions, procedures, and mechanisms by

15 which individuals who disagree with an official finding of

16 abuse or neglect can appeal such finding.

17 ‘‘(d) STATE PROGRAM PLAN.—To be eligible to receive

18 a grant under this section, a State shall submit every 5

19 years a plan to the Secretary that specifies the child protec20 tive service system area or areas described in subsection (a)

21 that the State intends to address with funds received under

22 the grant. Such plan shall, to the maximum extent prac23 ticable, be coordinated with the plan of the State for child

24 welfare services and family preservation and family sup25 port services under part B of title IV of the Social Security
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1 Act and shall contain an outline of the activities that the

2 State intends to carry out using amounts provided under

3 the grant to achieve the purposes of this Act, including the

4 procedures to be used for—

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

6 abuse or neglect;

7 ‘‘(2) investigating such reports;

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

9 dangerous settings and ensuring their placement in a

10 safe environment;

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

12 families and children where the child is not in danger

13 of harm;

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

15 or communities, either directly or through referral,

16 aimed at preventing the occurrence of child abuse and

17 neglect;

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

19 and supervisory personnel in report-taking, screening,

20 assessment, decision-making, and referral for inves21 tigation; and

22 ‘‘(7) providing training for individuals man23 dated to report suspected cases of child abuse or ne24 glect.
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1 ‘‘(e) RESTRICTIONS RELATING TO CHILD WELFARE

2 SERVICES.—Programs or projects relating to child abuse

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

4 Security Act shall comply with the requirements set forth

5 in paragraphs (1) (A) and (B), and (2) of subsection (b).

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

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

8 with the Secretary to provide, to the maximum extent prac9 ticable, a report that includes the following:

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

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

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

13 paragraph (1), the number with respect to whom such

14 reports were—

15 ‘‘(A) substantiated;

16 ‘‘(B) unsubstantiated; and

17 ‘‘(C) determined to be false.

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

19 paragraph (2)—

20 ‘‘(A) the number that did not receive serv21 ices during the year under the State program

22 funded under this part or an equivalent State

23 program;

24 ‘‘(B) the number that received services dur25 ing the year under the State program funded
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1 under this part or an equivalent State program;

2 and

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

4 their families during the year by disposition of

5 the case.

6 ‘‘(4) The number of families that received pre7 ventive services from the State during the year.

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

9 the year resulting from child abuse or neglect.

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

11 paragraph (5), the number of such children who were

12 in foster care.

13 ‘‘(7) The number of child protective service work14 ers responsible for the intake and screening of reports

15 filed in the previous year.

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

17 each such report with respect to initial investigation

18 of reports of child abuse or neglect.

19 ‘‘(9) The response time with respect to the provi20 sion of services to families and children where an al21 legation of abuse or neglect has been made.

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

23 workers responsible for intake, assessment, and inves24 tigation of child abuse and neglect reports relative to
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1 the number of reports investigated in the previous

2 year.

3 ‘‘(g) ANNUAL REPORT BY THE SECRETARY.—Within

4 6 months after receiving the State reports under subsection

5 (f), the Secretary shall prepare a report based on informa6 tion provided by the States for the fiscal year under such

7 subsection and shall make the report and such information

8 available to the Congress and the national clearinghouse for

9 information relating to child abuse.’’.

10 SEC. 110. REPEAL.

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

12 SEC. 111. MISCELLANEOUS REQUIREMENTS.

13 Section 110 (42 U.S.C. 5106d) is amended by striking

14 subsections (c) and (d).

15 SEC. 112. DEFINITIONS.

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

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

18 (2) by redesignating paragraphs (3) through (10)

19 as paragraphs (1) through (8), respectively; and

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

21 read as follows:

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

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

24 part of a parent or caretaker, which results in death
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1 or serious physical, sexual, or emotional harm, or

2 presents an imminent risk of serious harm;’’.

3 SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

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

5 read as follows:

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) GENERAL AUTHORIZATION.—There are au8 thorized to be appropriated to carry out this title,

9 $100,000,000 for fiscal year 1996, and such sums as

10 may be necessary for each of the fiscal years 1997

11 through 2000.

12 ‘‘(2) DISCRETIONARY ACTIVITIES.—

13 ‘‘(A) IN GENERAL.—Of the amounts appro14 priated for a fiscal year under paragraph (1),

the Secretary shall make available 331 15 ⁄3 percent

16 of such amounts to fund discretionary activities

17 under this title.

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

19 amounts made available for a fiscal year under

20 subparagraph (A), the Secretary make available

21 not more than 40 percent of such amounts to

22 carry out section 106.’’.

23 SEC. 114. RULE OF CONSTRUCTION.

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

25 at the end thereof the following new section:
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1 ‘‘SEC. 115. RULE OF CONSTRUCTION.

2 ‘‘(a) IN GENERAL.—Nothing in this Act shall be con3 strued—

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

5 a parent or legal guardian provide a child any medi6 cal service or treatment against the religious beliefs of

7 the parent or legal guardian; and

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

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

10 which a parent or legal guardian relies solely or par11 tially upon spiritual means rather than medical

12 treatment, in accordance with the religious beliefs of

13 the parent or legal guardian.

14 ‘‘(b) STATE REQUIREMENT.—Notwithstanding sub15 section (a), a State shall, at a minimum, have in place

16 authority under State law to permit the child protective

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

18 including the authority to initiate legal proceedings in a

19 court of competent jurisdiction, to provide medical care or

20 treatment for a child when such care or treatment is nec21 essary to prevent or remedy serious harm to the child, or

22 to prevent the withholding of medically indicated treatment

23 from children with life threatening conditions. Case by case

24 determinations concerning the exercise of the authority of

25 this subsection shall be within the sole discretion of the

26 State.’’.
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1 SEC. 115. TECHNICAL AMENDMENT.

2 Section 1404A of the Victims of Crime Act of 1984 (42

3 U.S.C. 10603a) is amended—

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

5 inserting ‘‘1402(d)(2)’’; and

6 (2) by striking ‘‘section 4(d)’’ and inserting ‘‘sec7 tion 109’’.

8 TITLE II—COMMUNITY-BASED

9 CHILD ABUSE AND NEGLECT

10 PREVENTION GRANTS

11 SEC. 201. ESTABLISHMENT OF PROGRAM.

12 Title II of the Child Abuse Prevention and Treatment

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

14 ‘‘TITLE II—COMMUNITY-BASED

15 FAMILY RESOURCE AND SUP16 PORT GRANTS

17 ‘‘SEC. 201. PURPOSE AND AUTHORITY.

18 ‘‘(a) PURPOSE.—It is the purpose of this Act to sup19 port State efforts to develop, operate, expand and enhance

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

21 resource and support programs that are culturally com22 petent and that coordinate resources among existing edu23 cation, vocational rehabilitation, disability, respite, health,

24 mental health, job readiness, self-sufficiency, child and fam25 ily development, community action, Head Start, child care,

26 child abuse and neglect prevention, juvenile justice, domes-
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1 tic violence prevention and intervention, housing, and other

2 human service organizations within the State.

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

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

5 by the State as the lead entity (hereafter referred to in this

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

7 ‘‘(1) developing, operating, expanding and en8 hancing Statewide networks of community-based, pre9 vention-focused, family resource and support pro10 grams that—

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

12 ‘‘(B) provide early, comprehensive, and ho13 listic support for all parents;

14 ‘‘(C) promote the development of parental

15 competencies and capacities, especially in young

16 parents and parents with very young children;

17 ‘‘(D) increase family stability;

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

19 and informal resources and opportunities for as20 sistance available within communities;

21 ‘‘(F) support the additional needs of fami22 lies with children with disabilities; and

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

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

25 preventive services for children and families through
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1 State and community-based collaborations and part2 nerships both public and private;

3 ‘‘(3) financing the start-up, maintenance, expan4 sion, or redesign of specific family resource and sup5 port program services (such as respite services, child

6 abuse and neglect prevention activities, disability

7 services, mental health services, housing services,

8 transportation, adult education, home visiting and

9 other similar services) identified by the inventory and

10 description of current services required under section

11 205(a)(3) as an unmet need, and integrated with the

12 network of community-based family resource and sup13 port program to the extent practicable given funding

14 levels and community priorities;

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

16 planning, community mobilization, collaboration, as17 sessment, information and referral, startup, training

18 and technical assistance, information management,

19 reporting and evaluation costs for establishing, oper20 ating, or expanding a Statewide network of commu21 nity-based, prevention-focused, family resource and

22 support program; and

23 ‘‘(5) financing public information activities that

24 focus on the healthy and positive development of par-
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1 ents and children and the promotion of child abuse

2 and neglect prevention activities.

3 ‘‘SEC. 202. ELIGIBILITY.

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

5 for a fiscal year if—

6 ‘‘(1)(A) the chief executive officer of the State has

7 designated an entity to administer funds under this

8 title for the purposes identified under the authority of

9 this title, including to develop, implement, operate,

10 enhance or expand a Statewide network of commu11 nity-based, prevention-focused, family resource and

12 support programs, child abuse and neglect prevention

13 activities and access to respite services integrated

14 with the Statewide network;

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

16 under subparagraph (A), the chief executive officer

17 should give priority consideration to the trust fund

18 advisory board of the State or an existing entity that

19 leverages Federal, State, and private funds for a

20 broad range of child abuse and neglect prevention ac21 tivities and family resource programs, and that is di22 rected by an interdisciplinary, public-private struc23 ture, including participants from communities; and

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

25 quasi-public, or nonprofit private entity with a dem-
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1 onstrated ability to work with other State and com2 munity-based agencies to provide training and tech3 nical assistance, and that has the capacity and com4 mitment to ensure the meaningful involvement of par5 ents who are consumers and who can provide leader6 ship in the planning, implementation, and evaluation

7 of programs and policy decisions of the applicant

8 agency in accomplishing the desired outcomes for such

9 efforts;

10 ‘‘(2) the chief executive officer of the State pro11 vides assurances that the lead entity will provide or

12 will be responsible for providing—

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

14 resource and support programs composed of

15 local, collaborative, public-private partnerships

16 directed by interdisciplinary structures with bal17 anced representation from private and public

18 sector members, parents, and public and private

19 nonprofit service providers and individuals and

20 organizations experienced in working in partner21 ship with families with children with disabil22 ities;

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

24 interdisciplinary, collaborative, public-private

25 structure with balanced representation from pri-
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1 vate and public sector members, parents, and

2 public sector and private nonprofit sector service

3 providers; and

4 ‘‘(C) direction and oversight to the network

5 through identified goals and objectives, clear

6 lines of communication and accountability, the

7 provision of leveraged or combined funding from

8 Federal, State and private sources, centralized

9 assessment and planning activities, the provision

10 of training and technical assistance, and report11 ing and evaluation functions; and

12 ‘‘(3) the chief executive officer of the State pro13 vides assurances that the lead entity—

14 ‘‘(A) has a demonstrated commitment to pa15 rental participation in the development, oper16 ation, and oversight of the Statewide network of

17 community-based, prevention-focused, family re18 source and support programs;

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

20 with State and community-based public and pri21 vate nonprofit organizations to develop a contin22 uum of preventive, family centered, holistic serv23 ices for children and families through the State24 wide network of community-based, prevention-fo25 cused, family resource and support programs;
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1 ‘‘(C) has the capacity to provide operational

2 support (both financial and programmatic) and

3 training and technical assistance, to the State4 wide network of community-based, prevention-fo5 cused, family resource and support programs,

6 through innovative, interagency funding and

7 interdisciplinary service delivery mechanisms;

8 and

9 ‘‘(D) will integrate its efforts with individ10 uals and organizations experienced in working

11 in partnership with families with children with

12 disabilities and with the child abuse and neglect

13 prevention activities of the State, and dem14 onstrate a financial commitment to those activi15 ties.

16 ‘‘SEC. 203. AMOUNT OF GRANT.

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

18 percent of the amount appropriated under section 210 for

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

20 organizations and migrant programs.

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

22 a fiscal year under section 210 and remaining after the

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

24 to each State lead entity an amount so that—
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1 ‘‘(1) 50 percent of the total amount allotted to

2 the State under this section is based on the number

3 of children under 18 residing in the State as com4 pared to the number of such children residing in all

5 States, except that no State shall receive less than

6 $250,000; and

7 ‘‘(2) each State receives, from the amounts re8 maining from the total amount appropriated, an

9 amount equal to 50 percent of the amount that each

10 such State has directed through the lead agency to the

11 purposes identified under the authority of this title,

12 including foundation, corporate, and other private

13 funding, State revenues, and Federal funds.

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

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

16 year period. Payment under such allotments shall be made

17 by the Secretary annually on the basis described in sub18 section (a).

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

20 ‘‘(a) EXISTING GRANTS.—Notwithstanding the enact21 ment of this title, a State or entity that has a grant, con22 tract, or cooperative agreement in effect, on the date of en23 actment of this title, under the Family Resource and Sup24 port Program, the Community-Based Family Resource Pro25 gram, the Family Support Center Program, the Emergency
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1 Child Abuse Prevention Grant Program, or the Temporary

2 Child Care for Children with Disabilities and Crisis Nurs3 eries Programs shall continue to receive funds under such

4 programs, subject to the original terms under which such

5 funds were granted, through the end of the applicable grant

6 cycle.

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

8 continue grants for Family Resource and Support Program

9 grantees, and those programs otherwise funded under this

10 Act, on a noncompetitive basis, subject to the availability

11 of appropriations, satisfactory performance by the grantee,

12 and receipt of reports required under this Act, until such

13 time as the grantee no longer meets the original purposes

14 of this Act.

15 ‘‘SEC. 205. APPLICATION.

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

17 State under this title unless an application therefore is sub18 mitted by the State to the Secretary and such application

19 contains the types of information specified by the Secretary

20 as essential to carrying out the provisions of section 202,

21 including—

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

23 responsible for the administration of funds provided

24 under this title and the oversight of programs funded

25 through the Statewide network of community-based,
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1 prevention-focused, family resource and support pro2 grams which meets the requirements of section 202;

3 ‘‘(2) a description of how the network of commu4 nity-based, prevention-focused, family resource and

5 support programs will operate and how family re6 source and support services provided by public and

7 private, nonprofit organizations, including those

8 funded by programs consolidated under this Act, will

9 be integrated into a developing continuum of family

10 centered, holistic, preventive services for children and

11 families;

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

13 family resource programs, respite, child abuse and ne14 glect prevention activities, and other family resource

15 services operating in the State, and a description of

16 current unmet needs, will be provided;

17 ‘‘(4) a budget for the development, operation and

18 expansion of the State’s network of community-based,

19 prevention-focused, family resource and support pro20 grams that verifies that the State will expend an

21 amount equal to not less than 20 percent of the

22 amount received under this title (in cash, not in23 kind) for activities under this title;

24 ‘‘(5) an assurance that funds received under this

25 title will supplement, not supplant, other State and
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1 local public funds designated for the Statewide net2 work of community-based, prevention-focused, family

3 resource and support programs;

4 ‘‘(6) an assurance that the State network of com5 munity-based, prevention-focused, family resource and

6 support programs will maintain cultural diversity,

7 and be culturally competent and socially sensitive

8 and responsive to the needs of families with children

9 with disabilities;

10 ‘‘(7) an assurance that the State has the capac11 ity to ensure the meaningful involvement of parents

12 who are consumers and who can provide leadership in

13 the planning, implementation, and evaluation of the

14 programs and policy decisions of the applicant agen15 cy in accomplishing the desired outcomes for such ef16 forts;

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

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

19 community-based, prevention-focused, family resource

20 and support programs as part of network develop21 ment, expansion or enhancement;

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

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

24 family resource and support programs will undertake

25 to maximize the participation of racial and ethnic
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1 minorities, new immigrant populations, children and

2 adults with disabilities, homeless families and those

3 at risk of homelessness, and members of other under4 served or underrepresented groups;

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

6 training and technical assistance to community7 based, prevention-focused, family resource and sup8 port programs for development, operation, expansion

9 and enhancement activities;

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

11 activities and those of the network and its members

12 will be evaluated;

13 ‘‘(12) a description of that actions that the ap14 plicant entity will take to advocate changes in State

15 policies, practices, procedures and regulations to im16 prove the delivery of prevention-focused, family re17 source and support program services to all children

18 and families; and

19 ‘‘(13) an assurance that the applicant entity will

20 provide the Secretary with reports at such time and

21 containing such information as the Secretary may re22 quire.

23 ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.

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

25 be used to develop, implement, operate, expand and enhance
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1 community-based, prevention-focused, family resource and

2 support programs that—

3 ‘‘(1) assess community assets and needs through

4 a planning process that involves parents and local

5 public agencies, local nonprofit organizations, and

6 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 serv14 ices 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 pro24 vided or arranged for through contracts or agree25 ments with other local agencies, including all
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1 forms of respite services to the extent practicable;

2 and

3 ‘‘(C) access to optional services, including—

4 ‘‘(i) child care, early childhood develop5 ment and intervention services;

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

7 additional needs of families with children

8 with disabilities;

9 ‘‘(iii) job readiness services;

10 ‘‘(iv) educational services, such as scho11 lastic tutoring, literacy training, and Gen12 eral Educational Degree services;

13 ‘‘(v) self-sufficiency and life manage14 ment skills training;

15 ‘‘(vi) community referral services; and

16 ‘‘(vii) peer counseling;

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

18 involvement of parents in the development, operation,

19 evaluation, and oversight of the programs and serv20 ices;

21 ‘‘(5) provide leadership in mobilizing local pub22 lic and private resources to support the provision of

23 needed family resource and support program services;

24 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 program

13 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, oper18 ation and expansion of a Statewide network of com19 munity-based, prevention-focused, family resource and

20 support programs that meets the requirements of this

21 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 respite

2 and other specific new family resources services, and

3 the expansion of existing services, to address unmet

4 needs identified by the inventory and description of

5 current services required under section 205(a)(3);

6 ‘‘(4) describe the number of families served, in7 cluding families with children with disabilities, and

8 the involvement of a diverse representation of families

9 in the design, operation, and evaluation of the State10 wide network of community-based, prevention-focused,

11 family resource and support programs, and in the de12 sign, operation and evaluation of the individual com13 munity-based family resource and support programs

14 that are part of the Statewide network funded under

15 this title;

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

17 among families who have used the services of the com18 munity-based, prevention-focused, family resource and

19 support programs;

20 ‘‘(6) demonstrate the establishment or mainte21 nance of innovative funding mechanisms, at the State

22 or community level, that blend Federal, State, local

23 and private funds, and innovative, interdisciplinary

24 service delivery mechanisms, for the development, op25 eration, expansion and enhancement of the Statewide
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1 network of community-based, prevention-focused, fam2 ily resource and support programs;

3 ‘‘(7) describe the results of a peer review process

4 conducted under the State program; and

5 ‘‘(8) demonstrate an implementation plan to en6 sure the continued leadership of parents in the on7 going planning, implementation, and evaluation of

8 such community based, prevention-focused, family re9 source and support programs.

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

11 FAMILY RESOURCE PROGRAMS.

12 ‘‘The Secretary may allocate such sums as may be nec13 essary from the amount provided under the State allotment

14 to support the activities of the lead entity in the State—

15 ‘‘(1) to create, operate and maintain a peer re16 view process;

17 ‘‘(2) to create, operate and maintain an infor18 mation clearinghouse;

19 ‘‘(3) to fund a yearly symposium on State sys20 tem change efforts that result from the operation of

21 the Statewide networks of community-based, preven22 tion-focused, family resource and support programs;

23 ‘‘(4) to create, operate and maintain a comput24 erized communication system between lead entities;

25 and
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1 ‘‘(5) to fund State-to-State technical assistance

2 through bi-annual conferences.

3 ‘‘SEC. 209. DEFINITIONS.

4 ‘‘For purposes of this title:

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

6 ‘children with disabilities’ has the same meaning

7 given such term in section 602(a)(2) of the Individ8 uals with Disabilities Education Act.

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

10 term ‘community referral services’ means services pro11 vided under contract or through interagency agree12 ments to assist families in obtaining needed informa13 tion, mutual support and community resources, in14 cluding respite services, health and mental health

15 services, employability development and job training,

16 and other social services through help lines or other

17 methods.

18 ‘‘(3) CULTURALLY COMPETENT.—The term ‘cul19 turally competent’ means services, support, or other

20 assistance that is conducted or provided in a manner

21 that—

22 ‘‘(A) is responsive to the beliefs, inter23 personal styles, attitudes, languages, and behav24 iors of those individuals and families receiving

25 services; and
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1 ‘‘(B) has the greatest likelihood of ensuring

2 maximum participation of such individuals and

3 families.

4 ‘‘(4) FAMILY RESOURCE AND SUPPORT PRO5 GRAM.—The term ‘family resource and support pro6 gram’ means a community-based, prevention-focused

7 entity that—

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

9 core services required under this title, includ10 ing—

11 ‘‘(i) parent education, support and

12 leadership services, together with services

13 characterized by relationships between par14 ents and professionals that are based on

15 equality and respect, and designed to assist

16 parents in acquiring parenting skills, learn17 ing about child development, and respond18 ing appropriately to the behavior of their

19 children;

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

21 parents to serve as resources to one another

22 other (such as through mutual support and

23 parent self-help groups);

24 ‘‘(iii) early developmental screening of

25 children to assess any needs of children, and
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1 to identify types of support that may be

2 provided;

3 ‘‘(iv) outreach services provided

4 through voluntary home visits and other

5 methods to assist parents in becoming

6 aware of and able to participate in family

7 resources and support program activities;

8 ‘‘(v) community and social services to

9 assist families in obtaining community re10 sources; and

11 ‘‘(vi) follow-up services;

12 ‘‘(B) provides, or arranges for the provision

13 of, other core services through contracts or agree14 ments with other local agencies, including all

15 forms of respite services; and

16 ‘‘(C) provides access to optional services, di17 rectly or by contract, purchase of service, or

18 interagency agreement, including—

19 ‘‘(i) child care, early childhood develop20 ment and early intervention services;

21 ‘‘(ii) self-sufficiency and life manage22 ment skills training;

23 ‘‘(iii) education services, such as scho24 lastic tutoring, literacy training, and Gen25 eral Educational Degree services;
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1 ‘‘(iv) job readiness skills;

2 ‘‘(v) child abuse and neglect prevention

3 activities;

4 ‘‘(vi) services that families with chil5 dren with disabilities or special needs may

6 require;

7 ‘‘(vii) community and social service re8 ferral;

9 ‘‘(viii) peer counseling;

10 ‘‘(ix) referral for substance abuse coun11 seling and treatment; and

12 ‘‘(x) help line services.

13 ‘‘(5) NATIONAL NETWORK FOR COMMUNITY14 BASED FAMILY RESOURCE PROGRAMS.—The term

15 ‘network for community-based family resource pro16 gram’ means the organization of State designated en17 tities who receive grants under this title, and includes

18 the entire membership of the Children’s Trust Fund

19 Alliance and the National Respite Network.

20 ‘‘(6) OUTREACH SERVICES.—The term ‘outreach

21 services’ means services provided to assist consumers,

22 through voluntary home visits or other methods, in

23 accessing and participating in family resource and

24 support program activities.
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1 ‘‘(7) RESPITE SERVICES.—The term ‘respite

2 services’ means short term care services provided in

3 the temporary absence of the regular caregiver (par4 ent, other relative, foster parent, adoptive parent, or

5 guardian) to children who—

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

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

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

9 illnesses.

10 Such services shall be provided within or outside the

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

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

13 be intended to enable the family to stay together and

14 to keep the child living in the home and community

15 of the child.

16 ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

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

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

19 through 2000.’’.

20 SEC. 202. REPEALS.

21 (a) TEMPORARY CHILD CARE FOR CHILDREN WITH

22 DISABILITIES AND CRISIS NURSERIES ACT.—The Tem23 porary Child Care for Children with Disabilities and Crisis

24 Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is repealed.
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1 (b) FAMILY SUPPORT CENTERS.—Subtitle F of title

2 VII of the Stewart B. McKinney Homeless Assistance Act

3 (42 U.S.C. 11481 et seq.) is repealed.

4 TITLE III—FAMILY VIOLENCE

5 PREVENTION AND SERVICES

6 SEC. 301. REFERENCE.

7 Except as otherwise expressly provided, whenever in

8 this title an amendment or repeal is expressed in terms of

9 an amendment to, or repeal of, a section or other provision,

10 the reference shall be considered to be made to a section or

11 other provision of the Family Violence Prevention and

12 Services Act (42 U.S.C. 10401 et seq.).

13 SEC. 302. STATE DEMONSTRATION GRANTS.

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

15 (1) by striking ‘‘following local share’’ and in16 serting ‘‘following non-Federal matching local share’’;

17 and

18 (2) by striking ‘‘20 percent’’ and all that follows

19 through ‘‘private sources.’’ and inserting ‘‘with re20 spect to an entity operating an existing program

21 under this title, not less than 20 percent, and with re22 spect to an entity intending to operate a new pro23 gram under this title, not less than 35 percent.’’.
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1 SEC. 303. ALLOTMENTS.

2 Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended

3 by striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.

4 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

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

6 (1) in subsection (b), by striking ‘‘80’’ and in7 serting ‘‘70’’; and

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

9 new subsections:

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

11 amounts appropriated under subsection (a) for each fiscal

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

13 by the Secretary for making grants under section 311.

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

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

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

17 and local public funds expended to provide services and ac18 tivities that promote the purposes of this title.’’.

19 TITLE IV—ADOPTION

20 OPPORTUNITIES

21 SEC. 401. REFERENCE.

22 Except as otherwise expressly provided, whenever in

23 this title an amendment or repeal is expressed in terms of

24 an amendment to, or repeal of, a section or other provision,

25 the reference shall be considered to be made to a section or

26 other provision of the Child Abuse Prevention and Treat-
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1 ment and Adoption Reform Act of 1978 (42 U.S.C. 5111

2 et seq.).

3 SEC. 402. FINDINGS AND PURPOSE.

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

5 (1) in subsection (a)—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘50 percent between

8 1985 and 1990’’ and inserting ‘‘61 percent

9 between 1986 and 1994’’; and

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

11 the end of June, 1990’’ and inserting

12 ‘‘452,000 as of June, 1994’’; and

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

14 and inserting ‘‘legal’’; and

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

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

17 adoption and awaiting placement;

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

19 sibling groups, have experienced neglect or abuse, or

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

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

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

23 over represented in such group;’’; and

24 (2) in subsection (b)—
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1 (A) by striking ‘‘conditions, by—’’ and all

2 that follows through ‘‘providing a mechanism’’

3 and inserting ‘‘conditions, by providing a mech4 anism’’; and

5 (B) by redesignating subparagraphs (A)

6 through (C), as paragraphs (1) through (3), re7 spectively and by realigning the margins of such

8 paragraphs accordingly.

9 SEC. 403. INFORMATION AND SERVICES.

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

11 (1) in subsection (a), by striking the last sen12 tence;

13 (2) in subsection (b)—

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

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

16 placement of children in kinship care arrangements,

17 pre-adoptive, or adoptive homes;’’;

18 (B) by redesignating paragraphs (7)

19 through (9) as paragraphs (8) through (10), re20 spectively; and

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

22 following new paragraph:

23 ‘‘(7) study the efficacy of States contracting with

24 public or private nonprofit agencies (including com25 munity-based and other organizations), or sectarian
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1 institutions for the recruitment of potential adoptive

2 and foster families and to provide assistance in the

3 placement of children for adoption;’’; and

4 (3) in subsection (d)—

5 (A) in paragraph (2)—

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

7 ‘‘(A) Each’’;

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

9 and inserting ‘‘that describes the manner in

10 which the State will use funds during the 3-

11 fiscal years subsequent to the date of the ap12 plication to accomplish the purposes of this

13 section. Such application shall be’’; and

14 (iii) by adding at the end thereof the

15 following new subparagraph:

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

17 to or contract with public or private nonprofit agencies or

18 organizations—

19 ‘‘(i) technical assistance and resource and refer20 ral information to assist State or local governments

21 with termination of parental rights issues, in recruit22 ing and retaining adoptive families, in the successful

23 placement of children with special needs, and in the

24 provision of pre- and post-placement services, includ25 ing post-legal adoption services; and
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1 ‘‘(ii) other assistance to help State and local gov2 ernments replicate successful adoption-related projects

3 from other areas in the United States.’’.

4 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

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

6 (1) in subsection (a), by striking ‘‘$10,000,000,’’

7 and all that follows through ‘‘203(c)(1)’’ and insert8 ing ‘‘$20,000,000 for fiscal year 1996, and such sums

9 as may be necessary for each of the fiscal years 1997

10 through 2000 to carry out programs and activities

11 authorized’’;

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

13 (3) by redesignating subsection (c) as subsection

14 (b).

15 TITLE V—ABANDONED INFANTS

16 ASSISTANCE ACT OF 1986

17 SEC. 501. REAUTHORIZATION.

18 Section 104(a)(1) of the Abandoned Infants Assistance

19 Act of 1988 (42 U.S.C. 670 note) is amended by striking

20 ‘‘$20,000,000’’ and all that follows through the end thereof

21 and inserting ‘‘$35,000,000 for each of the fiscal years 1995

22 and 1996, and such sums as may be necessary for each of

23 the fiscal years 1997 through 2000’’.
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1 TITLE VI—REAUTHORIZATION

2 OF VARIOUS PROGRAMS

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

4 Section 408 of the Missing Children’s Assistance Act

5 (42 U.S.C. 5777) is amended—

6 (1) by striking ‘‘To’’ and inserting ‘‘(a) IN GEN7 ERAL.—’’

8 (2) by striking ‘‘and 1996’’ and inserting ‘‘1996,

9 and 1997’’; and

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

11 new subsection:

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

13 more than 5 percent of the amount appropriated for a fiscal

14 year under subsection (a) to conduct an evaluation of the

15 effectiveness of the programs and activities established and

16 operated under this title.’’.

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

18 Section 214B of the Victims of Child Abuse Act of 1990

19 (42 U.S.C. 13004) is amended—

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

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

22 (2) in subsection (b)(2), by striking ‘‘and 1996’’

23 and inserting ‘‘1996, through 2000’’.

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