104TH CONGRESS

2D SESSION S. 919

AMENDMENT
In the House of Representatives, U. S.,

September 25, 1996.

Resolved, That the bill from the Senate (S. 919) entitled

‘‘An Act to modify and reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause, and insert:

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

2 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AMENDMENTS TO THE CHILD ABUSE PREVENTION AND

TREATMENT ACT

Sec. 100. Findings.

Subtitle A—General Program

Sec. 101. Office on Child Abuse and Neglect.

Sec. 102. Advisory Board on Child Abuse and Neglect.

Sec. 103. Repeal of Inter-Agency Task Force on Child Abuse and Neglect.

Sec. 104. National clearinghouse for information relating to child abuse.

Sec. 105. Research, evaluation and assistance activities.

Sec. 106. Grants for demonstration programs.

Sec. 107. State grants for prevention and treatment programs.

Sec. 108. Repeal.

Sec. 109. Miscellaneous requirements.

Sec. 110. Definitions.

Sec. 111. Authorization of appropriations.

Sec. 112. Rule of construction.

Sec. 113. Technical and conforming amendments.

Subtitle B—Community-Based Family Resource and Support Grants

Sec. 121. Establishment of program.

Subtitle C—Certain Preventive Services Regarding Children of Homeless

Families or Families At Risk of Homelessness

Sec. 131. Repeal of title III.

Subtitle D—Miscellaneous Provisions

Sec. 141. Table of contents.

Sec. 142. Repeals of other laws.

TITLE II—AMENDMENTS TO OTHER ACTS

Subtitle A—Family Violence Prevention and Services Act

Sec. 201. State demonstration grants.

Sec. 202. Allotments.

Sec. 203. Authorization of appropriations.

Subtitle B—Child Abuse Prevention and Treatment and Adoption Reform Act

of 1978 (‘‘Adoption Opportunities Act’’)

Sec. 211. Findings and purpose.

Sec. 212. Information and services.

Sec. 213. Authorization of appropriations.

Subtitle C—Abandoned Infants Assistance Act of 1988

Sec. 221. Priority requirement.
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Sec. 222. Reauthorization.

Subtitle D—Reauthorization of Various Programs

Sec. 231. Missing Children’s Assistance Act.

Sec. 232. Victims of Child Abuse Act of 1990.

1 TITLE I—AMENDMENTS TO THE

2 CHILD ABUSE PREVENTION

3 AND TREATMENT ACT

4 SEC. 100. FINDINGS.

5 Section 2 of the Child Abuse Prevention and Treat6 ment Act (42 U.S.C. 5101 note) is amended—

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

8 ‘‘(1) each year, close to 1,000,000 American chil9 dren are victims of abuse and neglect;’’;

10 (2) in paragraph (3)(C), by inserting ‘‘assess11 ment,’’ after ‘‘prevention,’’;

12 (3) in paragraph (4)—

13 (A) by striking ‘‘tens of’’; and

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

15 through the semicolon and inserting ‘‘tangible ex16 penditures, as well as significant intangible

17 costs;’’;

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

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

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

21 ‘‘fosters the health,’’;

22 (6) in paragraph (10)—
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1 (A) by striking ‘‘ensure that every commu2 nity in the United States has’’ and inserting

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

4 (B) after ‘‘child’’ insert ‘‘and family’’; and

5 (7) in paragraph (11)—

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

7 place that such term appears and inserting

8 ‘‘child and family protection’’; and

9 (B) in subparagraph (D), by striking ‘‘suf10 ficient’’.

11 Subtitle A—General Program

12 SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

13 Section 101 of the Child Abuse Prevention and Treat14 ment Act (42 U.S.C. 5101) is amended to read as follows:

15 ‘‘SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

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

17 Human Services may establish an office to be known as

18 the Office on Child Abuse and Neglect.

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

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

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

22 functions and activities are performed by another entity or

23 entities within the Department of Health and Human Serv24 ices, the Secretary shall ensure that such functions and ac25 tivities are executed with the necessary expertise and in a
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1 fully coordinated manner involving regular

2 intradepartmental and interdepartmental consultation

3 with all agencies involved in child abuse and neglect activi4 ties.’’.

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

7 Section 102 of the Child Abuse Prevention and Treat8 ment Act (42 U.S.C. 5102) is amended to read as follows:

9 ‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NE10 GLECT.

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

12 advisory board to make recommendations to the Secretary

13 and to the appropriate committees of Congress concerning

14 specific issues relating to child abuse and neglect.

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

16 shall publish a notice in the Federal Register soliciting

17 nominations for the appointment of members of the advi18 sory board under subsection (a).

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

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

21 the general public who are individuals knowledgeable in

22 child abuse and neglect prevention, intervention, treatment,

23 or research, and with due consideration to representation

24 of ethnic or racial minorities and diverse geographic areas,

25 and who represent—
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1 ‘‘(1) law (including the judiciary);

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

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

4 services);

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

6 ‘‘(5) State and local government;

7 ‘‘(6) organizations providing services to disabled

8 persons;

9 ‘‘(7) organizations providing services to adoles10 cents;

11 ‘‘(8) teachers;

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

13 ‘‘(10) parents’ groups;

14 ‘‘(11) voluntary groups;

15 ‘‘(12) family rights groups; and

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

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

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

19 original appointment was made.

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

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

22 among the members of the board.

23 ‘‘(f) DUTIES.—Not later than 1 year after the estab24 lishment of the board under subsection (a), the board shall
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1 submit to the Secretary and the appropriate committees of

2 Congress a report, or interim report, containing—

3 ‘‘(1) recommendations on coordinating Federal,

4 State, and local child abuse and neglect activities

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

6 level pertaining to family violence prevention;

7 ‘‘(2) specific modifications needed in Federal

8 and State laws and programs to reduce the number

9 of unfounded or unsubstantiated reports of child

10 abuse or neglect while enhancing the ability to iden11 tify and substantiate legitimate cases of abuse or ne12 glect which place a child in danger; and

13 ‘‘(3) recommendations for modifications needed

14 to facilitate coordinated national data collection with

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

16 SEC. 103. REPEAL OF INTER-AGENCY TASK FORCE ON

17 CHILD ABUSE AND NEGLECT.

18 Section 103 of the Child Abuse Prevention and Treat19 ment Act (42 U.S.C. 5103) is repealed.

20 SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION

21 RELATING TO CHILD ABUSE.

22 Section 104 of the Child Abuse Prevention and Treat23 ment Act (42 U.S.C. 5104) is amended—

24 (1) in subsection (a), to read as follows:
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1 ‘‘(a) ESTABLISHMENT.—The Secretary shall through

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

3 3 years duration let through a competition, establish a na4 tional clearinghouse for information relating to child

5 abuse.’’;

6 (2) in subsection (b)—

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

8 by striking ‘‘Director’’ and inserting ‘‘Sec9 retary’’;

10 (B) in paragraph (1)—

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

12 ‘‘prevention,’’; and

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

14 that follows and inserting ‘‘; and’’;

15 (C) in paragraph (2)—

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

17 ‘‘general population’’ and inserting ‘‘United

18 States’’;

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

20 ‘‘and’’ at the end;

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

22 ‘‘; and’’ at the end and inserting a period;

23 and

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

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

2 (A) in the matter preceding paragraph

3 (1)—

4 (i) by striking ‘‘In establishing’’ and

5 inserting the following:

6 ‘‘(1) IN GENERAL.—In establishing’’; and

7 (ii) by striking ‘‘Director’’ and insert8 ing ‘‘Secretary’’;

9 (B) by redesignating paragraphs (1)

10 through (4) as subparagraphs (A) through (D),

11 respectively, and by moving the text of subpara12 graphs (A) through (D) (as redesignated) 2 ems

13 to the right;

14 (C) in subparagraph (B) (as redesignated),

15 by striking ‘‘that is represented on the task

16 force’’ and inserting ‘‘involved with child abuse

17 and neglect and mechanisms for the sharing of

18 such information among other Federal agencies

19 and clearinghouses’’;

20 (D) in subparagraph (C) (as redesignated),

21 by striking ‘‘State, regional’’ and all that follows

22 and inserting the following: ‘‘Federal, State, re23 gional, and local child welfare data systems

24 which shall include—
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1 ‘‘(i) standardized data on false, un2 founded, unsubstantiated, and substantiated

3 reports; and

4 ‘‘(ii) information on the number of

5 deaths due to child abuse and neglect;’’;

6 (E) by redesignating subparagraph (D) (as

7 redesignated) as subparagraph (F);

8 (F) by inserting after subparagraph (C) (as

9 redesignated), the following new subparagraphs:

10 ‘‘(D) through a national data collection and

11 analysis program and in consultation with ap12 propriate State and local agencies and experts in

13 the field, collect, compile, and make available

14 State child abuse and neglect reporting informa15 tion which, to the extent practical, shall be uni16 versal and case specific and integrated with

17 other case-based foster care and adoption data

18 collected by the Secretary;

19 ‘‘(E) compile, analyze, and publish a sum20 mary of the research conducted under section

21 105(a); and’’; and

22 (G) by adding at the end the following:

23 ‘‘(2) CONFIDENTIALITY REQUIREMENT.—In car24 rying out paragraph (1)(D), the Secretary shall en25 sure that methods are established and implemented to
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1 preserve the confidentiality of records relating to case

2 specific data.’’.

3 SEC. 105. RESEARCH, EVALUATION AND ASSISTANCE AC4 TIVITIES.

5 (a) RESEARCH.—Section 105(a) of the Child Abuse

6 Prevention and Treatment Act (42 (42 U.S.C. 5105(a)) is

7 amended—

8 (1) in paragraph (1)—

9 (A) in the matter preceding subparagraph

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

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

12 with other Federal agencies and recognized ex13 perts in the field, carry out a continuing inter14 disciplinary program of research that is designed

15 to provide information needed to better protect

16 children from abuse or neglect and to improve

17 the well-being of abused or neglected children,

18 with at least a portion of such research being

19 field initiated. Such research program may focus

20 on’’;

21 (B) by redesignating subparagraphs (A)

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

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

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

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

5 and neglect;’’;

6 (D) in subparagraph (B) (as so redesig7 nated), to read as follows:

8 ‘‘(B) causes, prevention, assessment, identi9 fication, treatment, cultural and socio-economic

10 distinctions, and the consequences of child abuse

11 and neglect;’’; and

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

14 (i) by striking clause (ii);

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

16 ‘‘(ii) the incidence of substantiated and

17 unsubstantiated reported child abuse

18 cases;’’; and

19 (iii) by adding at the end the follow20 ing:

21 ‘‘(iii) the number of substantiated cases

22 that result in a judicial finding of child

23 abuse or neglect or related criminal court

24 convictions;
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1 ‘‘(iv) the extent to which the number of

2 unsubstantiated, unfounded and false re3 ported cases of child abuse or neglect have

4 contributed to the inability of a State to re5 spond effectively to serious cases of child

6 abuse or neglect;

7 ‘‘(v) the extent to which the lack of ade8 quate resources and the lack of adequate

9 training of individuals required by law to

10 report suspected cases of child abuse have

11 contributed to the inability of a State to re12 spond effectively to serious cases of child

13 abuse and neglect;

14 ‘‘(vi) the number of unsubstantiated,

15 false, or unfounded reports that have re16 sulted in a child being placed in substitute

17 care, and the duration of such placement;

18 ‘‘(vii) the extent to which unsubstan19 tiated reports return as more serious cases

20 of child abuse or neglect;

21 ‘‘(viii) the incidence and prevalence of

22 physical, sexual, and emotional abuse and

23 physical and emotional neglect in substitute

24 care; and
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1 ‘‘(ix) the incidence and outcomes of

2 abuse allegations reported within the con3 text of divorce, custody, or other family

4 court proceedings, and the interaction be5 tween this venue and the child protective

6 services system.’’; and

7 (2) in paragraph (2)—

8 (A) in subparagraph (A)—

9 (i) by striking ‘‘and demonstration’’;

10 and

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

12 activities under section 106’’ and inserting

13 ‘‘paragraph (1)’’; and

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

15 demonstration’’.

16 (b) REPEAL.—Subsection (b) of section 105 of the

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

18 5105(b)) is repealed.

19 (c) TECHNICAL ASSISTANCE.—Section 105(c) of the

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

21 5105(c)) is amended—

22 (1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’;

23 (2) by striking ‘‘The Secretary’’ and inserting:

24 ‘‘(1) IN GENERAL.—The Secretary’’;

25 (3) by striking ‘‘, through the Center,’’;
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1 (4) by inserting ‘‘State and local’’ before ‘‘public

2 and nonprofit’’;

3 (5) by inserting ‘‘assessment,’’ before ‘‘identifica4 tion’’; and

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

6 new paragraphs:

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

8 may include an evaluation or identification of—

9 ‘‘(A) various methods and procedures for the

10 investigation, assessment, and prosecution of

11 child physical and sexual abuse cases;

12 ‘‘(B) ways to mitigate psychological trauma

13 to the child victim; and

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

15 States under titles I and II.

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

19 local level to—

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

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

23 and

24 ‘‘(B) appropriate State and local officials to

25 assist in training law enforcement, legal, judi-
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1 cial, medical, mental health, education, and

2 child welfare personnel in appropriate methods

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

5 have been subjected to abuse.’’.

6 (d) GRANTS AND CONTRACTS.—Section 105(d) of the

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

8 5105(d)) is amended—

9 (1) by striking ‘‘(d)’’ and inserting ‘‘(c)’’; and

10 (2) in paragraph (2), by striking the second sen11 tence.

12 (e) PEER REVIEW.—Section 105(e) of the Child Abuse

13 Prevention and Treatment Act (42 U.S.C. 5105(e)) is

14 amended—

15 (1) in the heading preceding paragraph (1), by

16 striking ‘‘(e)’’ and inserting ‘‘(d)’’;

17 (2) in paragraph (1)—

18 (A) in subparagraph (A)—

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

20 and inserting ‘‘, in consultation with ex21 perts in the field and other federal agencies,

22 establish a formal, rigorous, and meritori23 ous’’;

24 (ii) by striking ‘‘and contracts’’; and
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1 (iii) by adding at the end thereof the

2 following new sentence: ‘‘The purpose of this

3 process is to enhance the quality and useful4 ness of research in the field of child abuse

5 and neglect.’’; and

6 (B) in subparagraph (B)—

7 (i) by striking ‘‘Office of Human De8 velopment’’ and inserting ‘‘Administration

9 on Children and Families’’; and

10 (ii) by adding at the end thereof the

11 following new sentence: ‘‘The Secretary shall

12 ensure that the peer review panel utilizes

13 scientifically valid review criteria and scor14 ing guidelines for review committees.’’;

15 (3) in paragraph (2)—

16 (A) in the matter preceding subparagraph

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

18 assistance’’; and

19 (B) by adding at the end thereof the follow20 ing flush sentence:

21 ‘‘The Secretary shall award grants under this section

22 on the basis of competitive review.’’; and

23 (4) in paragraph (3)(B), by striking ‘‘subsection

24 (e)(2)(B)’’ each place it appears and inserting ‘‘para25 graph (2)(B)’’.
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1 (f) TECHNICAL AMENDMENT.—Section 105 of the

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

3 5105) is amended in the section heading by striking ‘‘OF

4 THE NATIONAL CENTER ON CHILD ABUSE AND NE5 GLECT’’.

6 SEC. 106. GRANTS FOR DEMONSTRATION PROGRAMS.

7 Section 106 of the Child Abuse Prevention and Treat8 ment Act (42 U.S.C. 5106) is amended—

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

10 SERVICE’’;

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

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

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

14 with, public agencies or private nonprofit agencies or orga15 nizations (or combinations of such agencies or organiza16 tions) for time limited, demonstration programs and

17 projects for the following purposes:

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

19 award grants to public or private nonprofit organiza20 tions under this section—

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

22 paraprofessional personnel in the fields of medi23 cine, law, education, social work, and other rel24 evant fields who are engaged in, or intend to

25 work in, the field of prevention, identification,
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1 and treatment of child abuse and neglect, includ2 ing the links between domestic violence and child

3 abuse;

4 ‘‘(B) to improve the recruitment, selection,

5 and training of volunteers serving in public and

6 private nonprofit children, youth and family

7 service organizations in order to prevent child

8 abuse and neglect through collaborative analysis

9 of current recruitment, selection, and training

10 programs and development of model programs

11 for dissemination and replication nationally;

12 and

13 ‘‘(C) for the establishment of resource cen14 ters for the purpose of providing information

15 and training to professionals working in the

16 field of child abuse and neglect.

17 ‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Sec18 retary may award grants to private nonprofit organi19 zations (such as Parents Anonymous) to establish or

20 maintain a national network of mutual support and

21 self-help programs as a means of strengthening fami22 lies in partnership with their communities.

23 ‘‘(3) OTHER INNOVATIVE PROGRAMS AND

24 PROJECTS.—
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1 ‘‘(A) IN GENERAL.—The Secretary may

2 award grants to public and private nonprofit

3 agencies that demonstrate innovation in respond4 ing to reports of child abuse and neglect includ5 ing programs of collaborative partnerships be6 tween the State child protective services agency,

7 community social service agencies and family

8 support programs, schools, churches and syna9 gogues, and other community agencies to allow

10 for the establishment of a triage system that—

11 ‘‘(i) accepts, screens and assesses re12 ports received to determine which such re13 ports require an intensive intervention and

14 which require voluntary referral to another

15 agency, program or project;

16 ‘‘(ii) provides, either directly or

17 through referral, a variety of community18 linked services to assist families in prevent19 ing child abuse and neglect; and

20 ‘‘(iii) provides further investigation

21 and intensive intervention where the child’s

22 safety is in jeopardy.

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

24 award grants to public and private nonprofit en25 tities in not more than 10 States to assist such
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1 entities in developing or implementing proce2 dures using adult relatives as the preferred

3 placement for children removed from their home,

4 where such relatives are determined to be capable

5 of providing a safe nurturing environment for

6 the child and where such relatives comply with

7 the State child protection standards.

8 ‘‘(C) PROMOTION OF SAFE, FAMILY-FRIEND9 LY PHYSICAL ENVIRONMENTS FOR VISITATION

10 AND EXCHANGE.—The Secretary may award

11 grants to entities to assist such entities in estab12 lishing and operating safe, family-friendly phys13 ical environments—

14 ‘‘(i) for court-ordered supervised visita15 tion between children and abusing parents;

16 and

17 ‘‘(ii) to safely facilitate the exchange of

18 children for visits with noncustodian par19 ents in cases of domestic violence.’’;

20 (3) by striking subsection (b);

21 (4) by redesignating subsection (c) as subsection

22 (b)

23 (5) in subsection (b) (as redesignated)—

24 (A) by striking paragraphs (1) and (2); and
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1 (B) by redesignating paragraphs (3)

2 through (7) as paragraphs (1) through (5), re3 spectively; and

4 (6) by adding at the end the following new sub5 section:

6 ‘‘(c) EVALUATION.—In making grants for demonstra7 tion projects under this section, the Secretary shall require

8 all such projects to be evaluated for their effectiveness.

9 Funding for such evaluations shall be provided either as

10 a stated percentage of a demonstration grant or as a sepa11 rate grant entered into by the Secretary for the purpose of

12 evaluating a particular demonstration project or group of

13 projects.’’.

14 SEC. 107. STATE GRANTS FOR PREVENTION AND TREAT15 MENT PROGRAMS.

16 Section 107 of the Child Abuse Prevention and Treat17 ment Act (42 U.S.C. 5106a) is amended to read as follows:

18 ‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NE19 GLECT PREVENTION AND TREATMENT PRO20 GRAMS.

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

22 Secretary shall make grants to the States, based on the pop23 ulation of children under the age of 18 in each State that

24 applies for a grant under this section, for purposes of assist-
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1 ing the States in improving the child protective services sys2 tem of each such State in—

3 ‘‘(1) the intake, assessment, screening, and inves4 tigation of reports of abuse and neglect;

5 ‘‘(2)(A) creating and improving the use of multi6 disciplinary teams and interagency protocols to en7 hance investigations; and

8 ‘‘(B) improving legal preparation and represen9 tation, including—

10 ‘‘(i) procedures for appealing and respond11 ing to appeals of substantiated reports of abuse

12 and neglect; and

13 ‘‘(ii) provisions for the appointment of an

14 individual appointed to represent a child in ju15 dicial proceedings;

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 neglect

22 from intake through final disposition and informa23 tion 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 and

2 their families through the child protection system;

3 ‘‘(6) developing and facilitating training proto4 cols for individuals mandated to report child abuse or

5 neglect;

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

7 child abuse and neglect prevention, treatment, and re8 search programs in the public and private sectors;

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

10 ‘‘(A) information and education programs

11 or training programs designed to improve the

12 provision of services to disabled infants with life13 threatening conditions for—

14 ‘‘(i) professional and paraprofessional

15 personnel concerned with the welfare of dis16 abled infants with life-threatening condi17 tions, including personnel employed in child

18 protective services programs and health-care

19 facilities; and

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

21 ‘‘(B) programs to assist in obtaining or co22 ordinating necessary services for families of dis23 abled infants with life-threatening conditions,

24 including—

25 ‘‘(i) existing social and health services;
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1 ‘‘(ii) financial assistance; and

2 ‘‘(iii) services necessary to facilitate

3 adoptive placement of any such infants who

4 have been relinquished for adoption; or

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

6 community-based programs to integrate shared lead7 ership strategies between parents and professionals to

8 prevent and treat child abuse and neglect at the

9 neighborhood level.

10 ‘‘(b) ELIGIBILITY REQUIREMENTS.—

11 ‘‘(1) STATE PLAN.—

12 ‘‘(A) IN GENERAL.—To be eligible to receive

13 a grant under this section, a State shall, at the

14 time of the initial grant application and every

15 5 years thereafter, prepare and submit to the

16 Secretary a State plan that specifies the areas of

17 the child protective services system described in

18 subsection (a) that the State intends to address

19 with amounts received under the grant.

20 ‘‘(B) ADDITIONAL REQUIREMENT.—After

21 the submission of the initial grant application

22 under subparagraph (A), the State shall provide

23 notice to the Secretary of any substantive

24 changes to any State law relating to the preven-
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1 tion of child abuse and neglect that may affect

2 the eligibility of the State under this section.

3 ‘‘(2) COORDINATION.—A State plan submitted

4 under paragraph (1) shall, to the maximum extent

5 practicable, be coordinated with the State plan under

6 part B of title IV of the Social Security Act relating

7 to child welfare services and family preservation and

8 family support services, and shall contain an outline

9 of the activities that the State intends to carry out

10 using amounts received under the grant to achieve the

11 purposes of this title, including—

12 ‘‘(A) an assurance in the form of a certifi13 cation by the chief executive officer of the State

14 that the State has in effect and is enforcing a

15 State law, or has in effect and is operating a

16 Statewide program, relating to child abuse and

17 neglect that includes—

18 ‘‘(i) provisions or procedures for the re19 porting of known and suspected instances of

20 child abuse and neglect;

21 ‘‘(ii) procedures for the immediate

22 screening, safety assessment, and prompt

23 investigation of such reports;

24 ‘‘(iii) procedures for immediate steps

25 to be taken to ensure and protect the safety
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1 of the abused or neglected child and of any

2 other child under the same care who may

3 also be in danger of abuse or neglect and

4 ensuring their placement in a safe environ5 ment;

6 ‘‘(iv) provisions for immunity from

7 prosecution under State and local laws and

8 regulations for individuals making good

9 faith reports of suspected or known in10 stances of child abuse or neglect;

11 ‘‘(v) methods to preserve the confiden12 tiality of all records in order to protect the

13 rights of the child and of the child’s parents

14 or guardians, including requirements ensur15 ing that reports and records made and

16 maintained pursuant to the purposes of this

17 Act shall only be made available to—

18 ‘‘(I) individuals who are the sub19 ject of the report;

20 ‘‘(II) Federal, State, or local gov21 ernment entities, or any agent of such

22 entities, having a need for such infor23 mation in order to carry out its re24 sponsibilities under law to protect chil25 dren from abuse and neglect;
28

•S 919 EAH

1 ‘‘(III) child abuse citizen review

2 panels;

3 ‘‘(IV) child fatality review panels;

4 ‘‘(V) a grand jury or court, upon

5 a finding that information in the

6 record is necessary for the determina7 tion of an issue before the court or

8 grand jury; and

9 ‘‘(VI) other entities or classes of

10 individuals statutorily authorized by

11 the State to receive such information

12 pursuant to a legitimate State purpose;

13 ‘‘(vi) provisions which allow for public

14 disclosure of the findings or information

15 about the case of child abuse or neglect

16 which has resulted in a child fatality or

17 near fatality;

18 ‘‘(vii) the cooperation of State law en19 forcement officials, court of competent juris20 diction, and appropriate State agencies

21 providing human services in the investiga22 tion, assessment, prosecution, and treatment

23 of child abuse or neglect;

24 ‘‘(viii) provisions requiring, and proce25 dures in place that facilitate the prompt
29

•S 919 EAH

1 expungement of any records that are acces2 sible to the general public or are used for

3 purposes of employment or other back4 ground checks in cases determined to be un5 substantiated or false, except that nothing

6 in this section shall prevent State child pro7 tective services agencies from keeping infor8 mation on unsubstantiated reports in their

9 casework files to assist in future risk and

10 safety assessment;

11 ‘‘(ix) provisions and procedures requir12 ing that in every case involving an abused

13 or neglected child which results in a judicial

14 proceeding, a guardian ad litem, who may

15 be an attorney or a court appointed special

16 advocate (or both), shall be appointed to

17 represent the child in such proceedings—

18 ‘‘(I) to obtain first-hand, a clear

19 understanding of the situation and

20 needs of the child; and

21 ‘‘(II) to make recommendations to

22 the court concerning the best interests

23 of the child;

24 ‘‘(x) the establishment of citizen review

25 panels in accordance with subsection (c);
30

•S 919 EAH

1 ‘‘(xi) provisions, procedures, and mech2 anisms to be effective not later than 2 years

3 after the date of the enactment of this sec4 tion—

5 ‘‘(I) for the expedited termination

6 of parental rights in the case of any

7 infant determined to be abandoned

8 under State law; and

9 ‘‘(II) by which individuals who

10 disagree with an official finding of

11 abuse or neglect can appeal such find12 ing;

13 ‘‘(xii) provisions, procedures, and

14 mechanisms to be effective not later than 2

15 years after the date of the enactment of this

16 section that assure that the State does not

17 require reunification of a surviving child

18 with a parent who has been found by a

19 court of competent jurisdiction—

20 ‘‘(I) to have committed murder

21 (which would have been an offense

22 under section 1111(a) of title 18, Unit23 ed States Code, if the offense had oc24 curred in the special maritime or terri-
31

•S 919 EAH

1 torial jurisdiction of the United States)

2 of another child of such parent;

3 ‘‘(II) to have committed voluntary

4 manslaughter (which would have been

5 an offense under section 1112(a) of

6 title 18, United States Code, if the of7 fense had occurred in the special mari8 time or territorial jurisdiction of the

9 United States) of another child of such

10 parent;

11 ‘‘(III) to have aided or abetted,

12 attempted, conspired, or solicited to

13 commit such murder or voluntary

14 manslaughter; or

15 ‘‘(IV) to have committed a felony

16 assault that results in the serious bod17 ily injury to the surviving child or an18 other child of such parent; and

19 ‘‘(xiii) an assurance that, upon the im20 plementation by the State of the provisions,

21 procedures, and mechanisms under clause

22 (xii), conviction of any one of the felonies

23 listed in clause (xii) constitute grounds

24 under State law for the termination of pa25 rental rights of the convicted parent as to
32

•S 919 EAH

1 the surviving children (although case by

2 case determinations of whether or not to

3 seek termination of parental rights shall be

4 within the sole discretion of the State);

5 ‘‘(B) an assurance that the State has in

6 place procedures for responding to the reporting

7 of medical neglect (including instances of with8 holding of medically indicated treatment from

9 disabled infants with life-threatening condi10 tions), procedures or programs, or both (within

11 the State child protective services system), to

12 provide for—

13 ‘‘(i) coordination and consultation

14 with individuals designated by and within

15 appropriate health-care facilities;

16 ‘‘(ii) prompt notification by individ17 uals designated by and within appropriate

18 health-care facilities of cases of suspected

19 medical neglect (including instances of

20 withholding of medically indicated treat21 ment from disabled infants with life-threat22 ening conditions); and

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

24 the State child protective services system to

25 pursue any legal remedies, including the
33

•S 919 EAH

1 authority to initiate legal proceedings in a

2 court of competent jurisdiction, as may be

3 necessary to prevent the withholding of

4 medically indicated treatment from disabled

5 infants with life threatening conditions;

6 ‘‘(C) a description of—

7 ‘‘(i) the services to be provided under

8 the grant to individuals, families, or com9 munities, either directly or through referrals

10 aimed at preventing the occurrence of child

11 abuse and neglect;

12 ‘‘(ii) the training to be provided under

13 the grant to support direct line and super14 visory personnel in report taking, screening,

15 assessment, decision making, and referral

16 for investigating suspected instances of child

17 abuse and neglect; and

18 ‘‘(iii) the training to be provided

19 under the grant for individuals who are re20 quired to report suspected cases of child

21 abuse and neglect; and

22 ‘‘(D) an assurance or certification that the

23 programs or projects relating to child abuse and

24 neglect carried out under part B of title IV of the

25 Social Security Act comply with the require-
34

•S 919 EAH

1 ments set forth in paragraph (1) and this para2 graph.

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

4 and (vi) of paragraph (2)(A), nothing in this section

5 shall be construed as restricting the ability of a State

6 to refuse to disclose identifying information concern7 ing the individual initiating a report or complaint

8 alleging suspected instances of child abuse or neglect,

9 except that the State may not refuse such a disclosure

10 where a court orders such disclosure after such court

11 has reviewed, in camera, the record of the State relat12 ed to the report or complaint and has found it has

13 reason to believe that the reporter knowingly made a

14 false report.

15 ‘‘(4) DEFINITIONS.—For purposes of this sub16 section—

17 ‘‘(A) the term ‘near fatality’ means an act

18 that, as certified by a physician, places the child

19 in serious or critical condition; and

20 ‘‘(B) the term ‘serious bodily injury’ means

21 bodily injury which involves substantial risk of

22 death, extreme physical pain, protracted and ob23 vious disfigurement, or protracted loss or im24 pairment of the function of a bodily member,

25 organ, or mental faculty.
35

•S 919 EAH

1 ‘‘(c) CITIZEN REVIEW PANELS.—

2 ‘‘(1) ESTABLISHMENT.—

3 ‘‘(A) IN GENERAL.—Except as provided in

4 subparagraph (B), each State to which a grant

5 is made under this section shall establish not less

6 than 3 citizen review panels.

7 ‘‘(B) EXCEPTIONS.—

8 ‘‘(i) ESTABLISHMENT OF PANELS BY

9 STATES RECEIVING MINIMUM ALLOTMENT.—

10 A State that receives the minimum allot11 ment of $175,000 under section

12 203(b)(1)(A) for a fiscal year shall establish

13 not less than 1 citizen review panel.

14 ‘‘(ii) DESIGNATION OF EXISTING ENTI15 TIES.—A State may designate as panels for

16 purposes of this subsection one or more ex17 isting entities established under State or

18 Federal law, such as child fatality panels or

19 foster care review panels, if such entities

20 have the capacity to satisfy the require21 ments of paragraph (4) and the State en22 sures that such entities will satisfy such re23 quirements.

24 ‘‘(2) MEMBERSHIP.—Each panel established pur25 suant to paragraph (1) shall be composed of volunteer
36

•S 919 EAH

1 members who are broadly representative of the com2 munity in which such panel is established, including

3 members who have expertise in the prevention and

4 treatment of child abuse and neglect.

5 ‘‘(3) MEETINGS.—Each panel established pursu6 ant to paragraph (1) shall meet not less than once

7 every 3 months.

8 ‘‘(4) FUNCTIONS.—

9 ‘‘(A) IN GENERAL.—Each panel established

10 pursuant to paragraph (1) shall, by examining

11 the policies and procedures of State and local

12 agencies and where appropriate, specific cases,

13 evaluate the extent to which the agencies are ef14 fectively discharging their child protection re15 sponsibilities in accordance with—

16 ‘‘(i) the State plan under subsection

17 (b);

18 ‘‘(ii) the child protection standards set

19 forth in subsection (b); and

20 ‘‘(iii) any other criteria that the panel

21 considers important to ensure the protection

22 of children, including—

23 ‘‘(I) a review of the extent to

24 which the State child protective serv25 ices system is coordinated with the fos-
37

•S 919 EAH

1 ter care and adoption programs estab2 lished under part E of title IV of the

3 Social Security Act; and

4 ‘‘(II) a review of child fatalities

5 and near fatalities (as defined in sub6 section (b)(4)).

7 ‘‘(B) CONFIDENTIALITY.—

8 ‘‘(i) IN GENERAL.—The members and

9 staff of a panel established under paragraph

10 (1)—

11 ‘‘(I) shall not disclose to any per12 son or government official any identi13 fying information about any specific

14 child protection case with respect to

15 which the panel is provided informa16 tion; and

17 ‘‘(II) shall not make public other

18 information unless authorized by State

19 statute.

20 ‘‘(ii) CIVIL SANCTIONS.—Each State

21 that establishes a panel pursuant to para22 graph (1) shall establish civil sanctions for

23 a violation of clause (i).

24 ‘‘(5) STATE ASSISTANCE.—Each State that estab25 lishes a panel pursuant to paragraph (1)—
38

•S 919 EAH

1 ‘‘(A) shall provide the panel access to infor2 mation on cases that the panel desires to review

3 if such information is necessary for the panel to

4 carry out its functions under paragraph (4); and

5 ‘‘(B) shall provide the panel, upon its re6 quest, staff assistance for the performance of the

7 duties of the panel.

8 ‘‘(6) REPORTS.—Each panel established under

9 paragraph (1) shall prepare and make available to

10 the public, on an annual basis, a report containing

11 a summary of the activities of the panel.

12 ‘‘(d) ANNUAL STATE DATA REPORTS.—Each State to

13 which a grant is made under this section shall annually

14 work with the Secretary to provide, to the maximum extent

15 practicable, a report that includes the following:

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

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

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

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

20 reports were—

21 ‘‘(A) substantiated;

22 ‘‘(B) unsubstantiated; or

23 ‘‘(C) determined to be false.

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

25 paragraph (2)—
39

•S 919 EAH

1 ‘‘(A) the number that did not receive serv2 ices during the year under the State program

3 funded under this section or an equivalent State

4 program;

5 ‘‘(B) the number that received services dur6 ing the year under the State program funded

7 under this section or an equivalent State pro8 gram; and

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

10 their families during the year by disposition of

11 the case.

12 ‘‘(4) The number of families that received pre13 ventive services from the State during the year.

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

15 the year resulting from child abuse or neglect.

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

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

18 in foster care.

19 ‘‘(7) The number of child protective services

20 workers responsible for the intake and screening of re21 ports filed in the previous year.

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

23 each such report with respect to initial investigation

24 of reports of child abuse or neglect.
40

•S 919 EAH

1 ‘‘(9) The response time with respect to the provi2 sion of services to families and children where an al3 legation of abuse or neglect has been made.

4 ‘‘(10) The number of child protective services

5 workers responsible for intake, assessment, and inves6 tigation of child abuse and neglect reports relative to

7 the number of reports investigated in the previous

8 year.

9 ‘‘(11) The number of children reunited with their

10 families or receiving family preservation services that,

11 within five years, result in subsequent substantiated

12 reports of child abuse and neglect, including the death

13 of the child.

14 ‘‘(12) The number of children for whom individ15 uals were appointed by the court to represent the best

16 interests of such children and the average number of

17 out of court contacts between such individuals and

18 children.

19 ‘‘(e) ANNUAL REPORT BY THE SECRETARY.—Within

20 6 months after receiving the State reports under subsection

21 (i), the Secretary shall prepare a report based on informa22 tion provided by the States for the fiscal year under such

23 subsection and shall make the report and such information

24 available to the Congress and the national clearinghouse for

25 information relating to child abuse.’’.
41

•S 919 EAH

1 SEC. 108. REPEAL.

2 Section 108 of the Child Abuse Prevention and Treat3 ment Act (42 U.S.C. 5106b) is repealed.

4 SEC. 109. MISCELLANEOUS REQUIREMENTS.

5 Section 110 of the Child Abuse Prevention and Treat6 ment Act (42 U.S.C. 5106d) is amended—

7 (1) by striking subsection (c); and

8 (2) by redesignating subsection (d) as subsection

9 (c).

10 SEC. 110. DEFINITIONS.

11 Section 113 of the Child Abuse Prevention and Treat12 ment Act (42 U.S.C. 5106h) is amended—

13 (1) by striking paragraphs (1), (2), (5), and (9);

14 (2)(A) by redesignating paragraphs (3), (4), and

15 (6) through (8) as paragraphs (1) through (5), respec16 tively; and

17 (B) by redesignating paragraph (10) as para18 graph (6);

19 (3) in paragraph (2) (as redesignated), to read

20 as follows:

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

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

23 part of a parent or caretaker, which results in death,

24 serious physical or emotional harm, sexual abuse or

25 exploitation, or an act or failure to act which pre26 sents an imminent risk of serious harm;’’; and
42

•S 919 EAH

1 (4) in paragraph (4)(B) (as redesignated), by in2 serting ‘‘, and in cases of caretaker or inter-familial

3 relationships, statutory rape’’ after ‘‘rape’’.

4 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

5 Section 114(a) of the Child Abuse Prevention and

6 Treatment Act (42 U.S.C. 5106h(a)) is amended to read

7 as follows:

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) GENERAL AUTHORIZATION.—There are au10 thorized to be appropriated to carry out this title,

11 $100,000,000 for fiscal year 1997, and such sums as

12 may be necessary for each of the fiscal years 1998

13 through 2001.

14 ‘‘(2) DISCRETIONARY ACTIVITIES.—

15 ‘‘(A) IN GENERAL.—Of the amounts appro16 priated for a fiscal year under paragraph (1),

17 the Secretary shall make available 30 percent of

18 such amounts to fund discretionary activities

19 under this title.

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

21 amounts made available for a fiscal year under

22 subparagraph (A), the Secretary make available

23 not more than 40 percent of such amounts to

24 carry out section 106.’’.
43

•S 919 EAH

1 SEC. 112. RULE OF CONSTRUCTION.

2 Title I of the Child Abuse Prevention and Treatment

3 Act (42 U.S.C. 5101 et seq.) is amended by adding at the

4 end the following new section:

5 ‘‘SEC. 115. RULE OF CONSTRUCTION.

6 ‘‘(a) IN GENERAL.—Nothing in this Act shall be con7 strued—

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

9 a parent or legal guardian provide a child any medi10 cal service or treatment against the religious beliefs of

11 the parent or legal guardian; and

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

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

14 which a parent or legal guardian relies solely or par15 tially upon spiritual means rather than medical

16 treatment, in accordance with the religious beliefs of

17 the parent or legal guardian.

18 ‘‘(b) STATE REQUIREMENT.—Notwithstanding sub19 section (a), a State shall, at a minimum, have in place

20 authority under State law to permit the child protective

21 services system of the State to pursue any legal remedies,

22 including the authority to initiate legal proceedings in a

23 court of competent jurisdiction, to provide medical care or

24 treatment for a child when such care or treatment is nec25 essary to prevent or remedy serious harm to the child, or

26 to prevent the withholding of medically indicated treatment
44

•S 919 EAH

1 from children with life threatening conditions. Except with

2 respect to the withholding of medically indicated treatments

3 from disabled infants with life threatening conditions, case

4 by case determinations concerning the exercise of the au5 thority of this subsection shall be within the sole discretion

6 of the State.’’.

7 SEC. 113. TECHNICAL AND CONFORMING AMENDMENTS.

8 (a) CHILD ABUSE PREVENTION AND TREATMENT

9 ACT.—

10 (1)(A) Sections 104 through 107 of the Child

11 Abuse Prevention and Treatment Act (42 U.S.C. 5104

12 through 5106a), as amended by this subtitle, are re13 designated as sections 103 through 106 of such Act,

14 respectively.

15 (B) Sections 109 through 114 of the Child Abuse

16 Prevention and Treatment Act (42 U.S.C 5106c

17 through 5106h), as amended by this subtitle, are re18 designated as sections 107 through 112 of such Act,

19 respectively.

20 (C) Section 115 of the Child Abuse Prevention

21 and Treatment Act, as added by section 112 of this

22 Act, is redesignated as section 113 of the Child Abuse

23 Prevention and Treatment Act.

24 (2) Section 107 of the Child Abuse Prevention

25 and Treatment Act (as redesignated) is amended—
45

•S 919 EAH

1 (A) in subsection (a), by striking ‘‘acting

2 through the Center and’’;

3 (B) in subsection (b)(1), by striking ‘‘sec4 tions’’ and inserting ‘‘section’’;

5 (C) in subsection (c)(1)—

6 (i) in the matter preceding subpara7 graph (A), by inserting a comma after

8 ‘‘maintain’’; and

9 (ii) in subparagraph (F), by adding a

10 semicolon at the end; and

11 (D) in subsection (d)(1), by adding ‘‘and’’

12 at the end.

13 (3) Section 110(b) of the Child Abuse Prevention

14 and Treatment Act (as redesignated) is amended by

15 striking ‘‘effectiveness of—’’ and all that follows and

16 inserting ‘‘effectiveness of assisted programs in achiev17 ing the objectives of section 107.’’.

18 (b) VICTIMS OF CRIME ACT OF 1984.—Section 1404A

19 of the Victims of Crime Act of 1984 (42 U.S.C. 10603a)

20 is amended—

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

22 inserting ‘‘1402(d)(2)’’; and

23 (2) by striking ‘‘section 4(d)’’ and inserting ‘‘sec24 tion 109’’.
46

•S 919 EAH

1 Subtitle B—Community-Based Fam2 ily Resource and Support Grants

3 SEC. 121. ESTABLISHMENT OF PROGRAM.

4 Title II of the Child Abuse Prevention and Treatment

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

6 ‘‘TITLE II—COMMUNITY-BASED

7 FAMILY RESOURCE AND SUP8 PORT GRANTS

9 ‘‘SEC. 201. PURPOSE AND AUTHORITY.

10 ‘‘(a) PURPOSE.—It is the purpose of this title—

11 ‘‘(1) to support State efforts to develop, operate,

12 expand and enhance a network of community-based,

13 prevention-focused, family resource and support pro14 grams that coordinate resources among existing edu15 cation, vocational rehabilitation, disability, respite

16 care, health, mental health, job readiness, self-suffi17 ciency, child and family development, community ac18 tion, Head Start, child care, child abuse and neglect

19 prevention, juvenile justice, domestic violence preven20 tion and intervention, housing, and other human

21 service organizations within the State; and

22 ‘‘(2) to foster an understanding, appreciation,

23 and knowledge of diverse populations in order to be

24 effective in preventing and treating child abuse and

25 neglect.
47

•S 919 EAH

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

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

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

4 title as the ‘lead entity’) under section 202(1) for the pur5 pose of—

6 ‘‘(1) developing, operating, expanding and en7 hancing Statewide networks of community-based, pre8 vention-focused, family resource and support pro9 grams that—

10 ‘‘(A) offer assistance to families;

11 ‘‘(B) provide early, comprehensive support

12 for parents;

13 ‘‘(C) promote the development of parenting

14 skills, especially in young parents and parents

15 with very young children;

16 ‘‘(D) increase family stability;

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

18 and informal resources and opportunities for as19 sistance available within communities;

20 ‘‘(F) support the additional needs of fami21 lies with children with disabilities through res22 pite care and other services; 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
48

•S 919 EAH

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 care services,

6 child abuse and neglect prevention activities, disabil7 ity 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-
49

•S 919 EAH

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 a lead entity to administer funds under

8 this title for the purposes identified under the author9 ity of this title, including to develop, implement, op10 erate, enhance or expand a Statewide network of com11 munity-based, prevention-focused, family resource and

12 support programs, child abuse and neglect prevention

13 activities and access to respite care services integrated

14 with the Statewide network;

15 ‘‘(B) such lead entity is an existing public,

16 quasi-public, or nonprofit private entity (which may

17 be an entity that has not been established pursuant

18 to State legislation, executive order, or any other

19 written authority of the State) with a demonstrated

20 ability to work with other State and community21 based agencies to provide training and technical as22 sistance, and that has the capacity and commitment

23 to ensure the meaningful involvement of parents who

24 are consumers and who can provide leadership in the

25 planning, implementation, and evaluation of pro-
50

•S 919 EAH

1 grams and policy decisions of the applicant agency in

2 accomplishing the desired outcomes for such efforts;

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

4 under subparagraph (A), the chief executive officer

5 should give priority consideration equally to a trust

6 fund advisory board of the State or to an existing en7 tity that leverages Federal, State, and private funds

8 for a broad range of child abuse and neglect preven9 tion activities and family resource programs, and

10 that is directed by an interdisciplinary, public-pri11 vate structure, including participants from commu12 nities; and

13 ‘‘(D) in the case of a State that has designated

14 a State trust fund advisory board for purposes of ad15 ministering funds under this title (as such title was

16 in effect on the date of the enactment of the Child

17 Abuse Prevention and Treatment Act Amendments of

18 1996) and in which one or more entities that leverage

19 Federal, State, and private funds (as described in

20 subparagraph (C)) exist, the chief executive officer

21 shall designate the lead entity only after full consider22 ation of the capacity and expertise of all entities de23 siring to be designated under subparagraph (A);
51

•S 919 EAH

1 ‘‘(2) the chief executive officer of the State pro2 vides assurances that the lead entity will provide or

3 will be responsible for providing—

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

5 resource and support programs composed of

6 local, collaborative, public-private partnerships

7 directed by interdisciplinary structures with bal8 anced representation from private and public

9 sector members, parents, and public and private

10 nonprofit service providers and individuals and

11 organizations experienced in working in partner12 ship with families with children with disabil13 ities;

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

15 interdisciplinary, collaborative, public-private

16 structure with balanced representation from pri17 vate and public sector members, parents, and

18 public sector and private nonprofit sector service

19 providers; and

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

21 through identified goals and objectives, clear

22 lines of communication and accountability, the

23 provision of leveraged or combined funding from

24 Federal, State and private sources, centralized

25 assessment and planning activities, the provision
52

•S 919 EAH

1 of training and technical assistance, and report2 ing and evaluation functions; and

3 ‘‘(3) the chief executive officer of the State pro4 vides assurances that the lead entity—

5 ‘‘(A) has a demonstrated commitment to pa6 rental participation in the development, oper7 ation, and oversight of the Statewide network of

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

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

11 with State and community-based public and pri12 vate nonprofit organizations to develop a contin13 uum of preventive, family centered, comprehen14 sive services for children and families through

15 the Statewide network of community-based, pre16 vention-focused, family resource and support

17 programs;

18 ‘‘(C) has the capacity to provide operational

19 support (both financial and programmatic) and

20 training and technical assistance, to the State21 wide network of community-based, prevention-fo22 cused, family resource and support programs,

23 through innovative, interagency funding and

24 interdisciplinary service delivery mechanisms;

25 and
53

•S 919 EAH

1 ‘‘(D) will integrate its efforts with individ2 uals and organizations experienced in working

3 in partnership with families with children with

4 disabilities and with the child abuse and neglect

5 prevention activities of the State, and dem6 onstrate a financial commitment to those activi7 ties.

8 ‘‘SEC. 203. AMOUNT OF GRANT.

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

10 percent of the amount appropriated under section 210 for

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

12 organizations and migrant programs.

13 ‘‘(b) REMAINING AMOUNTS.—

14 ‘‘(1) IN GENERAL.—The Secretary shall allot the

15 amount appropriated under section 210 for a fiscal

16 year and remaining after the reservation under sub17 section (a) among the States as follows:

18 ‘‘(A) 70 percent of such amount appro19 priated shall be allotted among the States by al20 lotting to each State an amount that bears the

21 same proportion to such amount appropriated as

22 the number of children under the age of 18 resid23 ing in the State bears to the total number of

24 children under the age of 18 residing in all
54

•S 919 EAH

1 States (except that no State shall receive less

2 than $175,000 under this subparagraph).

3 ‘‘(B) 30 percent of such amount appro4 priated shall be allotted among the States by al5 lotting to each State an amount that bears the

6 same proportion to such amount appropriated as

7 the amount leveraged by the State from private,

8 State, or other non-Federal sources and directed

9 through the State lead agency in the preceding

10 fiscal year bears to the aggregate of the amounts

11 leveraged by all States from private, State, or

12 other non-Federal sources and directed through

13 the lead agency of such States in the preceding

14 fiscal year.

15 ‘‘(2) ADDITIONAL REQUIREMENT.—The Secretary

16 shall provide allotments under paragraph (1) to the

17 State lead entity.

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

19 this section—

20 ‘‘(1) shall be for a 3-year period; and

21 ‘‘(2) shall be provided by the Secretary to the

22 State on an annual basis, as described in subsection

23 (a).
55

•S 919 EAH

1 ‘‘SEC. 204. EXISTING GRANTS.

2 ‘‘(a) IN GENERAL.—Notwithstanding the enactment of

3 the Child Abuse Prevention and Treatment Act Amend4 ments of 1996, a State or entity that has a grant, contract,

5 or cooperative agreement in effect, on the date of the enact6 ment of such Act under any program described in sub7 section (b), shall continue to receive funds under such pro8 gram, subject to the original terms under which such funds

9 were provided under the grant, through the end of the appli10 cable grant cycle.

11 ‘‘(b) PROGRAMS DESCRIBED.—The programs described

12 in this subsection are the following:

13 ‘‘(1) The Community-Based Family Resource

14 programs under section 201 of this Act, as such sec15 tion was in effect on the day before the date of the en16 actment of the Child Abuse Prevention and Treatment

17 Act Amendments of 1996.

18 ‘‘(2) The Family Support Center programs

19 under subtitle F of title VII of the Stewart B. McKin20 ney Homeless Assistance Act (42 U.S.C. 11481 et

21 seq.), as such title was in effect on the day before the

22 date of the enactment of the Child Abuse Prevention

23 and Treatment Act Amendments of 1996.

24 ‘‘(3) The Emergency Child Abuse Prevention

25 Services grant program under section 107A of this

26 Act, as such section was in effect on the day before
56

•S 919 EAH

1 the date of the enactment of the Human Services

2 Amendments of 1994.

3 ‘‘(4) Programs under the Temporary Child Care

4 for Children With Disabilities and Crisis Nurseries

5 Act of 1986.

6 ‘‘SEC. 205. APPLICATION.

7 ‘‘A grant may not be made to a State under this title

8 unless an application therefore is submitted by the State

9 to the Secretary and such application contains the types

10 of information specified by the Secretary as essential to car11 rying out the provisions of section 202, including—

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

13 responsible for the administration of funds provided

14 under this title and the oversight of programs funded

15 through the Statewide network of community-based,

16 prevention-focused, family resource and support pro17 grams which meets the requirements of section 202;

18 ‘‘(2) a description of how the network of commu19 nity-based, prevention-focused, family resource and

20 support programs will operate and how family re21 source and support services provided by public and

22 private, nonprofit organizations, including those

23 funded by programs consolidated under this Act, will

24 be integrated into a developing continuum of family
57

•S 919 EAH

1 centered, holistic, preventive services for children and

2 families;

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

4 family resource programs, respite care, child abuse

5 and neglect prevention activities, and other family re6 source services operating in the State, and a descrip7 tion of current unmet needs, will be provided;

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

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

10 prevention-focused, family resource and support pro11 grams that verifies that the State will expend in non12 Federal funds an amount equal to not less than 20

13 percent of the amount received under this title (in

14 cash, not in-kind) for activities under this title;

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

16 title will supplement, not supplant, other State and

17 local public funds designated for the Statewide net18 work of community-based, prevention-focused, family

19 resource and support programs;

20 ‘‘(6) an assurance that the State has the capac21 ity to ensure the meaningful involvement of parents

22 who are consumers and who can provide leadership in

23 the planning, implementation, and evaluation of the

24 programs and policy decisions of the applicant agen-
58

•S 919 EAH

1 cy in accomplishing the desired outcomes for such ef2 forts;

3 ‘‘(7) a description of the criteria that the entity

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

5 community-based, prevention-focused, family resource

6 and support programs as part of network develop7 ment, expansion or enhancement;

8 ‘‘(8) a description of outreach activities that the

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

10 family resource and support programs will undertake

11 to maximize the participation of racial and ethnic

12 minorities, children and adults with disabilities,

13 homeless families and those at risk of homelessness,

14 and members of other underserved or underrep15 resented groups;

16 ‘‘(9) a plan for providing operational support,

17 training and technical assistance to community18 based, prevention-focused, family resource and sup19 port programs for development, operation, expansion

20 and enhancement activities;

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

22 activities and those of the network and its members

23 will be evaluated;

24 ‘‘(11) a description of the actions that the appli25 cant entity will take to advocate systemic changes in
59

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1 State policies, practices, procedures and regulations

2 to improve the delivery of prevention-focused, family

3 resource and support program services to children

4 and families; and

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

6 provide the Secretary with reports at such time and

7 containing such information as the Secretary may re8 quire.

9 ‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.

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

11 be used to develop, implement, operate, expand and enhance

12 community-based, prevention-focused, family resource and

13 support programs that—

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

15 a planning process that involves parents and local

16 public agencies, local nonprofit organizations, and

17 private sector representatives;

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

19 continuum of preventive, family centered services to

20 children and families, especially to young parents

21 and parents with young children, through public-pri22 vate partnerships;

23 ‘‘(3) provide—

24 ‘‘(A) core family resource and support serv25 ices such as—
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•S 919 EAH

1 ‘‘(i) parent education, mutual support

2 and self help, and leadership services;

3 ‘‘(ii) outreach services;

4 ‘‘(iii) community and social service re5 ferrals; and

6 ‘‘(iv) follow-up services;

7 ‘‘(B) other core services, which must be pro8 vided or arranged for through contracts or agree9 ments with other local agencies, including all

10 forms of respite care services to the extent prac11 ticable; and

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

13 ‘‘(i) referral to and counseling for

14 adoption services for individuals interested

15 in adopting a child or relinquishing their

16 child for adoption;

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

19 ‘‘(iii) referral to services and supports

20 to meet the additional needs of families

21 with children with disabilities;

22 ‘‘(iv) referral to job readiness services;

23 ‘‘(v) referral to educational services,

24 such as scholastic tutoring, literacy train-
61

•S 919 EAH

1 ing, and General Educational Degree serv2 ices;

3 ‘‘(vi) self-sufficiency and life manage4 ment skills training;

5 ‘‘(vii) community referral services, in6 cluding early developmental screening of

7 children; and

8 ‘‘(viii) peer counseling;

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

10 involvement of parents in the development, operation,

11 evaluation, and oversight of the programs and serv12 ices;

13 ‘‘(5) provide leadership in mobilizing local pub14 lic and private resources to support the provision of

15 needed family resource and support program services;

16 and

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

18 prevention-focused, family resource and support pro19 gram grantees in the development, operation and ex20 pansion of the Statewide network.

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

22 title, a lead entity shall give priority to effective commu23 nity-based programs serving low income communities and

24 those serving young parents or parents with young children,
62

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1 including community-based family resource and support

2 programs.

3 ‘‘SEC. 207. PERFORMANCE MEASURES.

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

5 reports provided to the Secretary—

6 ‘‘(1) shall demonstrate the effective development,

7 operation and expansion of a Statewide network of

8 community-based, prevention-focused, family resource

9 and support programs that meets the requirements of

10 this title;

11 ‘‘(2) shall supply an inventory and description

12 of the services provided to families by local programs

13 that meet identified community needs, including core

14 and optional services as described in section 202;

15 ‘‘(3) shall demonstrate the establishment of new

16 respite care and other specific new family resources

17 services, and the expansion of existing services, to ad18 dress unmet needs identified by the inventory and de19 scription of current services required under section

20 205(3);

21 ‘‘(4) shall describe the number of families served,

22 including families with children with disabilities, and

23 the involvement of a diverse representation of families

24 in the design, operation, and evaluation of the State25 wide network of community-based, prevention-focused,
63

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1 family resource and support programs, and in the de2 sign, operation and evaluation of the individual com3 munity-based family resource and support programs

4 that are part of the Statewide network funded under

5 this title;

6 ‘‘(5) shall demonstrate a high level of satisfaction

7 among families who have used the services of the com8 munity-based, prevention-focused, family resource and

9 support programs;

10 ‘‘(6) shall demonstrate the establishment or

11 maintenance of innovative funding mechanisms, at

12 the State or community level, that blend Federal,

13 State, local and private funds, and innovative, inter14 disciplinary service delivery mechanisms, for the de15 velopment, operation, expansion and enhancement of

16 the Statewide network of community-based, preven17 tion-focused, family resource and support programs;

18 ‘‘(7) shall describe the results of a peer review

19 process conducted under the State program; and

20 ‘‘(8) shall demonstrate an implementation plan

21 to ensure the continued leadership of parents in the

22 on-going planning, implementation, and evaluation

23 of such community based, prevention-focused, family

24 resource and support programs.
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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 nec4 essary from the amount provided under the State allotment

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

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 ‘‘For purposes of this title:

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

22 ‘children with disabilities’ has the same meaning

23 given such term in section 602(a)(2) of the Individ24 uals with Disabilities Education Act.

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

26 term ‘community referral services’ means services pro-
65

•S 919 EAH

1 vided under contract or through interagency agree2 ments to assist families in obtaining needed informa3 tion, mutual support and community resources, in4 cluding respite care services, health and mental health

5 services, employability development and job training,

6 and other social services, including early developmen7 tal screening of children, through help lines or other

8 methods.

9 ‘‘(3) FAMILY RESOURCE AND SUPPORT PRO10 GRAM.—The term ‘family resource and support pro11 gram’ means a community-based, prevention-focused

12 entity that—

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

14 core services required under this title, includ15 ing—

16 ‘‘(i) parent education, support and

17 leadership services, together with services

18 characterized by relationships between par19 ents and professionals that are based on

20 equality and respect, and designed to assist

21 parents in acquiring parenting skills, learn22 ing about child development, and respond23 ing appropriately to the behavior of their

24 children;
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•S 919 EAH

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

2 parents to serve as resources to one another

3 (such as through mutual support and par4 ent self-help groups);

5 ‘‘(iii) outreach services provided

6 through voluntary home visits and other

7 methods to assist parents in becoming

8 aware of and able to participate in family

9 resources and support program activities;

10 ‘‘(iv) community and social services to

11 assist families in obtaining community re12 sources; and

13 ‘‘(v) follow-up services;

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

15 of, other core services through contracts or agree16 ments with other local agencies, including all

17 forms of respite care services; and

18 ‘‘(C) provides access to optional services, di19 rectly or by contract, purchase of service, or

20 interagency agreement, including—

21 ‘‘(i) child care, early childhood develop22 ment and early intervention services;

23 ‘‘(ii) referral to self-sufficiency and life

24 management skills training;
67

•S 919 EAH

1 ‘‘(iii) referral to education services,

2 such as scholastic tutoring, literacy train3 ing, and General Educational Degree serv4 ices;

5 ‘‘(iv) referral to services providing job

6 readiness skills;

7 ‘‘(v) child abuse and neglect prevention

8 activities;

9 ‘‘(vi) referral to services that families

10 with children with disabilities or special

11 needs may require;

12 ‘‘(vii) community and social service re13 ferral, including early developmental screen14 ing of children;

15 ‘‘(viii) peer counseling;

16 ‘‘(ix) referral for substance abuse coun17 seling and treatment; and

18 ‘‘(x) help line services.

19 ‘‘(4) OUTREACH SERVICES.—The term ‘outreach

20 services’ means services provided to assist consumers,

21 through voluntary home visits or other methods, in

22 accessing and participating in family resource and

23 support program activities.

24 ‘‘(5) RESPITE CARE SERVICES.—The term ‘res25 pite care services’ means short term care services pro-
68

•S 919 EAH

1 vided in the temporary absence of the regular

2 caregiver (parent, other relative, foster parent, adop3 tive parent, or guardian) to children who—

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

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

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

7 illnesses.

8 Such services shall be provided within or outside the

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

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

11 be intended to enable the family to stay together and

12 to keep the child living in the home and community

13 of the child.

14 ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

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

16 this title, $66,000,000 for fiscal year 1997 and such sums

17 as may be necessary for each of the fiscal years 1998

18 through 2001.’’.

19 Subtitle C—Certain Preventive

20 Services Regarding Children of

21 Homeless Families or Families

22 At Risk of Homelessness

23 SEC. 131. REPEAL OF TITLE III.

24 Title III of the Child Abuse Prevention and Treatment

25 Act (42 U.S.C. 5118 et seq.) is repealed.
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1 Subtitle D—Miscellaneous

2 Provisions

3 SEC. 141. TABLE OF CONTENTS.

4 The table of contents of the Child Abuse Prevention and

5 Treatment Act (42 U.S.C. 5101 note) is amended to read

6 as follows:

‘‘Sec. 1. Short title and table of contents.

‘‘Sec. 2. Findings.

‘‘TITLE I—GENERAL PROGRAM

‘‘Sec. 101. Office on Child Abuse and Neglect.

‘‘Sec. 102. Advisory Board on Child Abuse and Neglect.

‘‘Sec. 103. National clearinghouse for information relating to child abuse.

‘‘Sec. 104. Research and assistance activities.

‘‘Sec. 105. Grants to public agencies and nonprofit private organizations for demonstration programs and projects.

‘‘Sec. 106. Grants to States for child abuse and neglect prevention and treatment

programs.

‘‘Sec. 107. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases.

‘‘Sec. 108. Miscellaneous requirements relating to assistance.

‘‘Sec. 109. Coordination of child abuse and neglect programs.

‘‘Sec. 110. Reports.

‘‘Sec. 111. Definitions.

‘‘Sec. 112. Authorization of appropriations.

‘‘Sec. 113. Rule of construction.

‘‘TITLE II—COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT

GRANTS

‘‘Sec. 201. Purpose and authority.

‘‘Sec. 202. Eligibility.

‘‘Sec. 203. Amount of grant.

‘‘Sec. 204. Existing grants.

‘‘Sec. 205. Application.

‘‘Sec. 206. Local program requirements.

‘‘Sec. 207. Performance measures.

‘‘Sec. 208. National network for community-based family resource programs.

‘‘Sec. 209. Definitions.

‘‘Sec. 210. Authorization of appropriations.

7 SEC. 142. REPEALS OF OTHER LAWS.

8 (a) TEMPORARY CHILD CARE FOR CHILDREN WITH

9 DISABILITIES AND CRISIS NURSERIES ACT OF 1986.—The
70

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1 Temporary Child Care for Children With Disabilities and

2 Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is re3 pealed.

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

5 VII of the Stewart B. McKinney Homeless Assistance Act

6 (42 U.S.C. 11481 et seq.) is repealed.

7 TITLE II—AMENDMENTS TO

8 OTHER ACTS

9 Subtitle A—Family Violence

10 Prevention and Services Act

11 SEC. 201. STATE DEMONSTRATION GRANTS.

12 Section 303(e) of the Family Violence Prevention and

13 Services Act (42 U.S.C. 10420(e)) is amended—

14 (1) by striking ‘‘following local share’’ and in15 serting ‘‘following non-Federal matching local share’’;

16 and

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

18 through ‘‘private sources.’’ and inserting ‘‘with re19 spect to an entity operating an existing program

20 under this title, not less than 20 percent, and with re21 spect to an entity intending to operate a new pro22 gram under this title, not less than 35 percent.’’.
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1 SEC. 202. ALLOTMENTS.

2 Section 304(a)(1) of the Family Violence Prevention

3 and Services Act (42 U.S.C. 10403(a)(1)) is amended by

4 striking ‘‘$200,000’’ and inserting ‘‘$400,000’’.

5 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

6 Section 310 of the Family Violence Prevention and

7 Services Act (42 U.S.C. 10409) is amended—

8 (1) in subsection (b), by striking ‘‘80’’ and in9 serting ‘‘70’’; and

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

11 new subsections:

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

13 amounts appropriated under subsection (a) for each fiscal

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

15 by the Secretary for making grants under section 311.

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

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

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

19 and local public funds expended to provide services and ac20 tivities that promote the purposes of this title.’’.
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•S 919 EAH

1 Subtitle B—Child Abuse Prevention

2 and Treatment and Adoption Re3 form Act of 1978 (‘‘Adoption Op4 portunities Act’’)

5 SEC. 211. FINDINGS AND PURPOSE.

6 Section 201 of the Child Abuse Prevention and Treat7 ment and Adoption Reform Act of 1978 (42 U.S.C. 5111)

8 is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1)—

11 (i) by striking ‘‘50 percent between

12 1985 and 1990’’ and inserting ‘‘61 percent

13 between 1986 and 1994’’; and

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

15 the end of June, 1990’’ and inserting

16 ‘‘452,000 as of June 1994’’;

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

18 and inserting ‘‘legal’’; and

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

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

21 adoption and awaiting placement;

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

23 sibling groups, have experienced neglect or abuse, or

24 have a physical, mental, or emotional disability; and
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•S 919 EAH

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

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

3 over represented in such group;’’; and

4 (2) in subsection (b)—

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

6 that follows through ‘‘Department of Health and

7 Human Services to—’’ and inserting ‘‘condi8 tions, by providing a mechanism to—’’; and

9 (B) by redesignating subparagraphs (A)

10 through (C) of paragraph (2), as paragraphs (1)

11 through (3), respectively, and by realigning the

12 margins of such paragraphs accordingly.

13 SEC. 212. INFORMATION AND SERVICES.

14 Section 203 of the Child Abuse Prevention and Treat15 ment and Adoption Reform Act of 1978 (42 U.S.C. 5113)

16 is amended—

17 (1) in subsection (a), by striking the last sen18 tence;

19 (2) in subsection (b)—

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

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

22 placement of children in kinship care arrangements,

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

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

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

5 following new paragraph:

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

7 public or private nonprofit agencies (including com8 munity-based and other organizations), or sectarian

9 institutions for the recruitment of potential adoptive

10 and foster families and to provide assistance in the

11 placement of children for adoption;’’; and

12 (3) in subsection (d)(2)—

13 (A) by striking ‘‘Each’’ and inserting ‘‘(A)

14 Each’’;

15 (B) by striking ‘‘for each fiscal year’’ and

16 inserting ‘‘that describes the manner in which

17 the State will use funds during the 3-fiscal years

18 subsequent to the date of the application to ac19 complish the purposes of this section. Such ap20 plication shall be’’; and

21 (C) by adding at the end the following new

22 subparagraph:

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

24 to or contract with public or private nonprofit agencies or

25 organizations—
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1 ‘‘(i) technical assistance and resource and refer2 ral information to assist State or local governments

3 with termination of parental rights issues, in recruit4 ing and retaining adoptive families, in the successful

5 placement of children with special needs, and in the

6 provision of pre- and post-placement services, includ7 ing post-legal adoption services; and

8 ‘‘(ii) other assistance to help State and local gov9 ernments replicate successful adoption-related projects

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

11 SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

12 Section 205 of the Child Abuse Prevention and Treat13 ment and Adoption Reform Act of 1978 (42 U.S.C. 5115)

14 is amended—

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

16 and all that follows through ‘‘203(c)(1)’’ and insert17 ing ‘‘$20,000,000 for fiscal year 1997, and such sums

18 as may be necessary for each of the fiscal years 1998

19 through 2001 to carry out programs and activities

20 authorized’’;

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

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

23 (b).
76

•S 919 EAH

1 Subtitle C—Abandoned Infants

2 Assistance Act of 1988

3 SEC. 221. PRIORITY REQUIREMENT.

4 Section 101 of the Abandoned Infants Assistance Act

5 of 1988 (42 U.S.C. 670 note) is amended by adding at the

6 end the following:

7 ‘‘(h) PRIORITY REQUIREMENT.—In making grants

8 under subsection (a), the Secretary shall give priority to

9 applicants located in States that have developed and imple10 mented procedures for expedited termination of parental

11 rights and placement for adoption of infants determined to

12 be abandoned under State law.’’.

13 SEC. 222. REAUTHORIZATION.

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

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

16 ‘‘$20,000,000’’ and all that follows and inserting

17 ‘‘$35,000,000 for fiscal year 1997 and such sums as may

18 be necessary for each of the fiscal years 1998 through

19 2001.’’.

20 Subtitle D—Reauthorization of

21 Various Programs

22 SEC. 231. MISSING CHILDREN’S ASSISTANCE ACT.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

24 408 of the Missing Children’s Assistance Act (42 U.S.C.

25 5777) is amended—
77

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1 (1) by striking ‘‘To’’ and inserting ‘‘(a) IN GEN2 ERAL.—To’’

3 (2) by striking ‘‘1993, 1994, 1995, and 1996’’

4 and inserting ‘‘1997 through 2001’’; and

5 (3) by adding at the end the following new sub6 section:

7 ‘‘(b) EVALUATION.—The Administrator may use not

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

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

10 effectiveness of the programs and activities established and

11 operated under this title.’’.

12 (b) SPECIAL STUDY AND REPORT.—Section 409 of the

13 Missing Children’s Assistance Act (42 U.S.C. 5778) is re14 pealed.

15 SEC. 232. VICTIMS OF CHILD ABUSE ACT OF 1990.

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

17 (42 U.S.C. 13004) is amended—

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

19 and inserting ‘‘1996, and each of the fiscal years 1997

20 through 2000’’; and
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1 (2) in subsection (b)(2), by striking ‘‘and 1996’’

2 and inserting ‘‘1996, and each of the fiscal years 1997

3 through 2000’’.

Attest:

Clerk.