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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Enrolled Bill (ENR)]

        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 community-based 
    settings;
        (7) recommendations for coordination by agencies of data on 
    youth in youth residential programs;
        (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 well-being 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 out-of-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 grief-
    informed, 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 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;
        (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 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.
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