S. 1351 

One Hundred Eighteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and twenty four 

An Act 

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. 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, and every 2 years thereafter for a period of 10 years, issue 

a report informed by the study conducted under such subsection 

that includes— 

(1) identification of the nature, prevalence, severity, and 

scope of child abuse, neglect, and deaths in youth residential 

programs, including types of abuse and neglect, causes of abuse, 

neglect, and deaths, and criteria used to assess abuse, neglect, 

and deaths; 

(2) identification of all Federal and State funding sources 

for youth residential programs; 

(3) identification of Federal data collection sources on youth 

in youth residential programs; 

(4) identification of existing regulation of youth residential 

programs, including alternative licensing standards or licensing 

exemptions for youth residential programs; 

(5) identification of existing standards of care of national 

accreditation entities that provide accreditation or certification 

of youth residential programs; 

(6) identification of existing barriers in policy for blending 

and braiding of funding sources to serve youth in communitybased settings; 

(7) recommendations for coordination by agencies of data 

on youth in youth residential programs; 
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(8) recommendations for the improvement of oversight of 

youth residential programs receiving Federal funding; 

(9) identification of 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 wellbeing of youth in youth residential programs; 

(10) recommendations to 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 with lived experience 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 use 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; 

(11) recommendations to improve accessibility and development of community-based alternatives to youth residential programs; 

(12) 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 outof-home placement of youth in youth residential programs; 

(13) recommendations relating to the development, dissemination, outreach, engagement, or training associated with 

advancing least-restrictive, evidence-based, trauma and griefinformed, and developmentally and culturally competent care 

for youth in youth residential programs and youth at risk 

of being placed in such programs; 

(14) recommendations on best practices regarding the 

health and safety (including reduction or elimination of use 
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of seclusion and restraints), care, and treatment of youth in 

youth residential programs to convey to States; 

(15) recommendations to improve the coordination, dissemination, and implementation of best practices regarding the 

health and safety (including use, reduction, or elimination of 

seclusion and restraints), care, and treatment of youth in youth 

residential programs among child welfare systems, licensing 

agencies, accreditation organizations, other relevant monitoring 

and enforcement entities, State child welfare agencies, State 

Medicaid agencies, State mental and behavioral health agencies, consumers, and State protection advocacy centers; and 

(16) identification of aggregate 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 safely maintained in school and community 

at least 12 months after discharge, including— 

(A) recommendations on how such data should be 

shared across child-placing agencies and stakeholders, 

including individuals receiving services, families of such 

individuals, and advocates; and 

(B) identification of barriers to sharing information 

across child-placing agencies. 

(c) CONSULTATION.—In carrying out the duties described in 

subsection (b), the National Academies 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) parents of children and youth with intellectual disabilities and autism; 

(9) experts on issues related to child abuse and neglect 

in youth residential programs; 

(10) administrators of youth residential programs; 

(11) education professionals who provide services to youth 

with complex needs in youth residential programs; 

(12) State educational agencies; 

(13) local educational agencies; 

(14) Indian Tribes and Tribal organizations; 

(15) State legislators; 

(16) State licensing agencies; 

(17) the Administration for Children and Families; 

(18) the Administration for Community Living; 
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(19) the Substance Abuse and Mental Health Services 

Administration; 

(20) the Department of Justice; 

(21) the Indian Health Service; 

(22) the Centers for Medicare & Medicaid Services; 

(23) the National Council on Disability; and 

(24) others, as appropriate. 

(d) REPORT SUBMISSION AND PUBLICATION.—The National Academies shall submit to the Secretary for dissemination to relevant 

State agencies, and make publicly available, a report on the comprehensive review conducted under subsection (b), including the 

findings of the National Academies under subsection (b); 

(e) DEFINITIONS.—In this section: 

(1) CHILD ABUSE AND NEGLECT.—The term ‘‘child abuse 

and neglect’’ has the meaning given such term in section 3 

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

5101 note). 

(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 (42 U.S.C. 15002). 

(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 (25 U.S.C. 5304). 

(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 

(42 U.S.C. 15043). 

(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 (42 U.S.C. 672(k)(4))); 

(VII) a psychiatric residential treatment program that meets the requirements of subpart D 
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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 a State; or 

(ii) a foster family home that— 

(I) 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 

(II) is licensed and regulated by the State 

as a foster family home. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.