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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 1351

To study and prevent child abuse in youth residential programs, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2023

 Mr. Merkley (for himself, Mr. Cornyn, Mr. Lujan, Mr. Tuberville, Mr. 
Murphy, and Ms. Collins) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL

 
To study and prevent child abuse in youth residential programs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Institutional Child Abuse 
Act''.

SEC. 2. IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN 
              YOUTH RESIDENTIAL PROGRAMS.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by inserting after part I (42 U.S.C. 290jj et seq.) the 
following:

``PART J--IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN 
                       YOUTH RESIDENTIAL PROGRAMS

``SEC. 596. FEDERAL WORK GROUP ON YOUTH RESIDENTIAL PROGRAMS.

    ``(a) In General.--The Secretary shall establish the Federal Work 
Group on Youth Residential Programs (referred to in this section as the 
`Work Group') to improve the dissemination and implementation of best 
practices regarding the health and safety (including with respect to 
the use of seclusion and restraints), care, treatment, and appropriate 
placement of youth in youth residential programs.
    ``(b) Composition.--
            ``(1) In general.--The Secretary shall appoint 9 
        representatives to the Work Group from the Administration for 
        Children and Families, the Administration for Community Living, 
        the Substance Abuse and Mental Health Services Administration, 
        the Department of Education, the Department of Justice, the 
        Indian Health Service, and the Centers for Medicare & Medicaid 
        Services.
            ``(2) Other federal agencies.--The Work Group may include 
        representatives from other Federal agencies, as the Secretary 
        determines appropriate, appointed by the head of the relevant 
        agency.
    ``(c) Consultation.--In carrying out the duties described in 
subsection (d), the Work Group shall consult with--
            ``(1) child advocates, including attorneys experienced in 
        working with youth overrepresented in the child welfare system 
        or the juvenile justice system;
            ``(2) health professionals, including mental health and 
        substance use disorder professionals, nurses, physicians, 
        social workers and other health care providers who provide 
        services to youth who may be served by residential programs;
            ``(3) protection and advocacy systems;
            ``(4) individuals experienced in working with youth with 
        disabilities, including emotional, mental health, and substance 
        use disorders;
            ``(5) individuals with lived experience as children and 
        youth in youth residential programs, including individuals with 
        intellectual or developmental disabilities and individuals with 
        emotional, mental health, or substance use disorders;
            ``(6) representatives of State and local child protective 
        services agencies and other relevant public agencies;
            ``(7) parents or guardians of children and youth with 
        emotional, mental health, or substance use disorder needs;
            ``(8) experts on issues related to child abuse and neglect 
        in youth residential programs;
            ``(9) administrators of youth residential programs;
            ``(10) education professionals who provide services to 
        youth in youth residential programs;
            ``(11) Indian Tribes and Tribal organizations;
            ``(12) State legislators;
            ``(13) State licensing agencies; and
            ``(14) others, as appropriate.
    ``(d) Duties.--The Work Group shall--
            ``(1) develop and publish recommendations regarding a 
        national database that aggregates data, including process-
        oriented data such as length of stay and use of restraints, and 
        seclusion and outcome-oriented data such as discharge setting 
        and ability to be safety maintained in school and community at 
        least 6-months after discharge;
            ``(2) beginning not later than 2 years after the date of 
        enactment of the Stop Institutional Child Abuse Act, and every 
        2 years thereafter, submit to the Secretary and the Committee 
        on Health, Education, Labor, and Pensions and the Committee on 
        Finance of the Senate, and the Committee on Education and the 
        Workforce, the Committee on Energy and Commerce, and the 
        Committee on Ways and Means of the House of Representatives, a 
        report containing policy recommendations designed to--
                    ``(A) improve the coordination of the dissemination 
                and implementation of best practices regarding the 
                health and safety (including use of seclusion and 
                restraints), care, treatment, and appropriate placement 
                of youth in youth residential programs;
                    ``(B) promote the coordination of the dissemination 
                and implementation of best practices regarding the care 
                and treatment of youth in youth residential programs 
                among State child welfare agencies, State Medicaid 
                agencies, and State mental and behavioral health 
                agencies; and
                    ``(C) promote the adoption and implementation of 
                best practices regarding the care and treatment of 
                youth in youth residential programs among child welfare 
                systems, licensing agencies, accreditation 
                organizations, and other relevant monitoring and 
                enforcement entities;
            ``(3) develop and utilize risk assessment tools, including 
        projects that provide for the development of research-based 
        strategies for risk assessments relating to the health, safety 
        (including with respect to the use of seclusion and 
        restraints), and well-being of youth in youth residential 
        programs;
            ``(4) support the development and implementation of 
        education and training resources for professional and 
        paraprofessional personnel in the fields of health care, law 
        enforcement, judiciary, social work, child protection 
        (including the prevention, identification, and treatment of 
        child abuse and neglect), education, child care, and other 
        relevant fields, and individuals such as court appointed 
        special advocates and guardians ad litem, including education 
        and training resources regarding--
                    ``(A) the unique needs, experiences, and outcomes 
                of youth overrepresented in youth residential programs;
                    ``(B) the enhancement of interagency communication 
                among child protective service agencies, protection and 
                advocacy systems, State licensing agencies, State 
                Medicaid agencies, and accreditation agencies;
                    ``(C) best practices to eliminate the usage of 
                physical, mechanical, and chemical restraint and 
                seclusion, and to promote the use of positive 
                behavioral interventions and supports, culturally and 
                linguistically sensitive services, mental health 
                supports, trauma- and grief-informed care, and crisis 
                de-escalation interventions; and
                    ``(D) the legal duties of such professional and 
                paraprofessional personnel and youth residential 
                program personnel and the responsibilities of such 
                professionals and personnel to protect the legal rights 
                of children in youth residential programs, consistent 
                with applicable State and Federal law;
            ``(5) improve accessibility and development of community-
        based alternatives to youth residential programs;
            ``(6) provide recommendations for innovative programs 
        designed to provide community support and resources to at-risk 
        youth, including programs that--
                    ``(A) support continuity of education, including 
                removing barriers to access;
                    ``(B) provide mentorship;
                    ``(C) support the provision of crisis intervention 
                services and in-home or outpatient mental health and 
                substance use disorder treatment; and
                    ``(D) provide other resources to families and 
                parents or guardians that assist in preventing the need 
                for out-of-home placement of youth in youth residential 
                programs;
            ``(7) perform other activities, such as activities relating 
        to development, dissemination, outreach, engagement, or 
        training associated with advancing least-restrictive, evidence-
        based, trauma and grief-informed, and developmentally and 
        culturally competent care for youth in youth residential 
        programs and youth at risk of being placed in such programs; 
        and
            ``(8) provide recommendations on best practices to convey 
        Work Group recommendations to States.

``SEC. 596A. DEFINITIONS.

    ``In this part:
            ``(1) Child abuse or neglect.--The term `child abuse or 
        neglect' has the meaning given such term in section 3 of the 
        Child Abuse Prevention and Treatment Act.
            ``(2) Culturally competent.--The term `culturally 
        competent' has the meaning given such term in section 102 of 
        the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000.
            ``(3) Indian tribe; tribal organization.--The terms `Indian 
        Tribe' and `Tribal organization' have the meanings given such 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act.
            ``(4) Protection and advocacy systems.--The term 
        `protection and advocacy system' means a system established by 
        a State or Indian Tribe under section 143 of the Developmental 
        Disabilities Assistance and Bill of Rights Act of 2000.
            ``(5) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(6) Youth.--The term `youth' means an individual who has 
        not attained the age of 22.
            ``(7) Youth residential program.--
                    ``(A) In general.--The term `youth residential 
                program' means each location of a facility or program 
                operated by a public or private entity that, with 
                respect to one or more youth who are unrelated to the 
                owner or operator of the facility or program--
                            ``(i) provides a residential environment, 
                        such as--
                                    ``(I) a program with a wilderness 
                                or outdoor experience, expedition, or 
                                intervention;
                                    ``(II) a boot camp experience or 
                                other experience designed to simulate 
                                characteristics of basic military 
                                training or correctional regimes;
                                    ``(III) an education or therapeutic 
                                boarding school;
                                    ``(IV) a behavioral modification 
                                program;
                                    ``(V) a residential treatment 
                                center or facility;
                                    ``(VI) a qualified residential 
                                treatment program (as defined in 
                                section 472(k)(4) of the Social 
                                Security Act);
                                    ``(VII) a psychiatric residential 
                                treatment program that meets the 
                                requirements of subpart D of part 441 
                                of title 42, Code of Federal 
                                Regulations (or any successor 
                                regulations);
                                    ``(VIII) a group home serving 
                                children and youth placed by any 
                                placing authority;
                                    ``(IX) an intermediate care 
                                facility for individuals with 
                                intellectual disabilities; or
                                    ``(X) any residential program that 
                                is utilized as an alternative to 
                                incarceration for justice involved 
                                youth, adjudicated youth, or youth 
                                deemed delinquent; and
                            ``(ii) serves youth who have a history or 
                        diagnosis of--
                                    ``(I) an emotional, behavioral, or 
                                mental health disorder;
                                    ``(II) a substance misuse or use 
                                disorder, including alcohol misuse or 
                                use disorders; or
                                    ``(III) an intellectual, 
                                developmental, physical, or sensory 
                                disability.
                    ``(B) Exclusion.--The term `youth residential 
                program' does not include--
                            ``(i) a hospital licensed by the State; or
                            ``(ii) a foster family home that provides 
                        24-hour substitute care for children placed 
                        away from their parents or guardians and for 
                        whom the State child welfare services agency 
                        has placement and care responsibility and that 
                        is licensed and regulated by the State as a 
                        foster family home.''.

SEC. 3. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE 
              STUDY.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall seek to 
enter into a contract with the National Academies of Sciences, 
Engineering, and Medicine (referred to in this section as the 
``National Academies'') to conduct a study to examine the state of 
youth in youth residential programs and make recommendations.
    (b) Study Components.--Pursuant to the contract under subsection 
(a), the National Academies shall, not later than 3 years after the 
date of enactment of the Stop Institutional Child Abuse Act, issue a 
report informed by the study conducted under such subsection that 
includes--
            (1) identification of all Federal and State funding sources 
        for youth residential programs;
            (2) identification of Federal data collection sources on 
        youth in youth residential programs;
            (3) identification of existing Federal and State regulation 
        of youth residential programs, including alternative licensing 
        standards or licensing exemptions for youth residential 
        programs;
            (4) identification of existing standards of care of 
        national accreditation entities that provide accreditation or 
        certification of youth residential programs;
            (5) identification of existing barriers in Federal and 
        State policy for blending and braiding of Federal and State 
        funding sources to serve youth in community-based settings;
            (6) recommendations for coordination by Federal and State 
        agencies of data on youth in youth residential programs; and
            (7) recommendations for the improvement of Federal and 
        State oversight of youth residential programs receiving Federal 
        funding.
    (c) Definition.--In this section, the term ``youth residential 
program'' has the meaning given such term in section 596A of the Public 
Health Service Act, as added by section 2.
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