IIB 

114TH CONGRESS 

2D SESSION H. R. 4843 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2016 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To amend the Child Abuse Prevention and Treatment Act 

to require certain monitoring and oversight, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Infant Plan of Safe 

3 Care Improvement Act’’. 

4 SEC. 2. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF 

5 SAFE CARE. 

6 Section 103(b) of the Child Abuse Prevention and 

7 Treatment Act (42 U.S.C. 5104(b)) is amended— 

8 (1) by redesignating paragraphs (5) through 

9 (8) as paragraphs (6) through (9), respectively; and 

10 (2) by inserting after paragraph (4), the fol11 lowing: 

12 ‘‘(5) maintain and disseminate information 

13 about the requirements of section 106(b)(2)(B)(iii) 

14 and best practices relating to the development of 

15 plans of safe care as described in such section for 

16 infants born and identified as being affected by ille17 gal substance abuse or withdrawal symptoms, or a 

18 Fetal Alcohol Spectrum Disorder;’’. 

19 SEC. 3. STATE PLANS. 

20 Section 106(b)(2)(B)(iii) of the Child Abuse Preven21 tion and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)) 

22 is amended by inserting before the semicolon at the end 

23 the following: ‘‘to ensure the safety and well-being of such 

24 infant following release from the care of healthcare pro25 viders, including through—’’ 


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1 ‘‘(I) addressing the health and 

2 substance use disorder treatment 

3 needs of the infant and affected fam4 ily or caregiver; and 

5 ‘‘(II) the development and imple6 mentation by the State of monitoring 

7 systems regarding the implementation 

8 of such plans to determine whether 

9 and in what manner local entities are 

10 providing, in accordance with State 

11 requirements, referrals to and delivery 

12 of appropriate services for the infant 

13 and affected family or caregiver’’. 

14 SEC. 4. DATA REPORTS. 

15 (a) IN GENERAL.—Section 106(d) of the Child Abuse 

16 Prevention and Treatment Act (42 U.S.C. 5106a(d)) is 

17 amended by adding at the end of the following: 

18 ‘‘(17)(A) The number of infants identified 

19 under subsection (b)(2)(B)(ii). 

20 ‘‘(B) The number of infants for whom a plan 

21 of safe care was developed under subsection 

22 (b)(2)(B)(iii). 

23 ‘‘(C) The number of infants for whom a referral 

24 was made for appropriate services, including services 


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1 for the affected family or caregiver, under subsection 

2 (b)(2)(B)(iii).’’. 

3 (b) REDESIGNATION.—Effective on May 29, 2017, 

4 section 106(d) of the Child Abuse Prevention and Treat5 ment Act (42 U.S.C. 5106a(d)) is amended by redesig6 nating paragraph (17) (as added by subsection (a)) as 

7 paragraph (18). 

8 SEC. 5. MONITORING AND OVERSIGHT. 

9 (a) AMENDMENT.—Title I of the Child Abuse Preven10 tion and Treatment Act (42 U.S.C. 5101 et seq.) is fur11 ther amended by adding at the end the following: 

12 ‘‘SEC. 114. MONITORING AND OVERSIGHT. 

13 ‘‘The Secretary shall conduct monitoring to ensure 

14 that each State that receives a grant under section 106 

15 is in compliance with the requirements of section 106(b), 

16 which— 

17 ‘‘(1) shall— 

18 ‘‘(A) be in addition to the review of the 

19 State plan upon its submission under section 

20 106(b)(1)(A); and 

21 ‘‘(B) include monitoring of State policies 

22 and procedures required under clauses (ii) and 

23 (iii) of section 106(b)(2)(B); and 

24 ‘‘(2) may include— 


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1 ‘‘(A) a comparison of activities carried out 

2 by the State to comply with the requirements of 

3 section 106(b) with the State plan most re4 cently approved under section 432 of the Social 

5 Security Act; 

6 ‘‘(B) a review of information available on 

7 the Website of the State relating to its compli8 ance with the requirements of section 106(b); 

9 ‘‘(C) site visits, as may be necessary to 

10 carry out such monitoring; and 

11 ‘‘(D) a review of information available in 

12 the State’s Annual Progress and Services Re13 port most recently submitted under section 

14 1357.16 of title 45, Code of Federal Regula15 tions (or successor regulations).’’. 

16 (b) TABLE OF CONTENTS.—The table of contents in 

17 section 1(b) of the Child Abuse Prevention and Treatment 

18 Act (42 U.S.C. 5101 note) is amended by inserting after 

19 the item relating to section 113, the following: 

‘‘Sec. 114. Monitoring and oversight.’’. 

20 SEC. 6. RULE OF CONSTRUCTION. 

21 Nothing in this Act, or the amendments made by this 

22 Act, shall be construed to authorize the Secretary of 

23 Health and Human Services or any other officer of the 

24 Federal Government to add new requirements to section 


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1 106(b) of the Child Abuse Prevention and Treatment Act 

2 (42 U.S.C. 5106a(b)), as amended by this Act. 

Passed the House of Representatives May 11, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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