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

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118th CONGRESS
  2d Session
                                S. 1351

_______________________________________________________________________

                                 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.

            Passed the Senate December 11, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 1351

_______________________________________________________________________

                                 AN ACT

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