I 

111TH CONGRESS 

2D SESSION H. R. 5747 

To authorize a program to provide grants to nonprofit organizations that 

carry out child-parent visitation programs for children with incarcerated 

parents. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2010 

Mr. RUSH (for himself, Mrs. CHRISTENSEN, Mr. PAYNE, Ms. KILPATRICK of 

Michigan, Mr. LEWIS of Georgia, Ms. MOORE of Wisconsin, Mr. JOHNSON of Georgia, Mr. LARSON of Connecticut, and Mr. DAVIS of Illinois) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

A BILL 

To authorize a program to provide grants to nonprofit organizations that carry out child-parent visitation programs 

for children with incarcerated parents. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Families Beyond Bars 

5 Act of 2010’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 


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1 (1) The Bureau of Justice Statistics estimates 

2 that 1,500,000 children in the United States have at 

3 least one incarcerated parent, and an estimated 

4 10,000,000 more individuals have at least one par5 ent who was incarcerated at some point during the 

6 individual’s childhood. 

7 (2) In 2006, the Bureau of Justice Statistics 

8 estimated that 75 percent of incarcerated women 

9 were mothers, two-thirds of whom were mothers of 

10 children under the age of 18, and an estimated 32 

11 percent of incarcerated men were fathers of children 

12 under the age of 18. 

13 (3) The trauma associated with having an in14 carcerated parent has been well-documented, and in15 cludes depression, aggression, low self-esteem, poor 

16 academic performance, truancy, attention deficit dis17 orders, substance abuse, teen pregnancy, and symp18 toms of post-traumatic stress disorder. 

19 (4) The Bureau of Justice Statistics estimates 

20 that children with imprisoned parents may be almost 

21 6 times more likely than their peers to be incarcer22 ated. 

23 (5) Increased visitation between incarcerated 

24 parents and their children can reduce the anxiety 

25 and sense of loss children of incarcerated parents exVerDate Mar 15 2010 20:05 Jul 19, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5747.IH H5747

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1 perience. This beneficial, low-cost activity may also 

2 contribute to a reduction in future crime committed 

3 by, and incarceration of, children of incarcerated 

4 parents. 

5 (6) Participation in a comprehensive visitation 

6 program allows children of incarcerated parents to 

7 build relationships with caring adults and experience 

8 opportunities for meaningful involvement and mem9 bership, helping to reduce the negative effects of 

10 parent-child separation. 

11 (7) The incarceration of women who are moth12 ers introduces significant changes to the family 

13 structure, income level, living arrangements, and 

14 emotional support systems of their children. The in15 carceration of mothers is often more disruptive than 

16 the incarceration of fathers, because an estimated 

17 two-thirds of mothers who are incarcerated serve as 

18 the primary caregiver for at least one child before 

19 arrest. 

20 (8) Incarceration can present an opportunity to 

21 enhance parenting skills, encourage children to resist 

22 peer pressure, and foster high parental expectations 

23 for their children’s school work. 

24 SEC. 3. BEYOND BARS GRANT PROGRAM. 

25 (a) GRANT PROGRAM ESTABLISHED.— 


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1 (1) GRANTS AUTHORIZED.—The Attorney Gen2 eral is authorized to award grants to qualified orga3 nizations to carry out, directly or through subgrants 

4 to other entities, child-parent visitation programs 

5 that foster and develop familial ties between eligible 

6 children and their incarcerated parents. 

7 (2) GRANT PERIOD; RENEWABILITY.—A grant 

8 awarded under this section shall be for not less than 

9 a 3-year period and not more than a 5-year period, 

10 and may be renewed. 

11 (b) GRANT USES.—Grants awarded under this sec12 tion may be used by a qualified organization to— 

13 (1) organize and lead group meetings, in ac14 cordance with subsection (c); 

15 (2) provide counseling to eligible children, and 

16 to their incarcerated parents; 

17 (3) select one or more qualified program 

18 facilitators to— 

19 (A) organize and lead group meetings, in 

20 accordance with subsection (c); and 

21 (B) provide counseling to eligible children, 

22 and to their incarcerated parents; 

23 (4) provide to one or more such qualified pro24 gram facilitators a monthly stipend in accordance 

25 with subsection (d); 


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1 (5) provide transportation for eligible children 

2 to attend such group meetings, and provide volun3 teer support to assist in such transportation; 

4 (6) provide security for eligible children during 

5 such group meetings, and comply with applicable se6 curity procedures required by the facility at which 

7 the eligible children’s parents are incarcerated; 

8 (7) provide enrichment activities for incarcer9 ated parents of eligible children during incarceration 

10 and pre-release, including parenting classes and 

11 transition programs; 

12 (8) provide connections to and coordination 

13 with community and social services and other sup14 port to eligible children, incarcerated parents, and 

15 individuals who serve as guardians of eligible chil16 dren while the eligible children’s parents are incar17 cerated; 

18 (9) obtain program materials and other supplies 

19 necessary to carry out other grant activities required 

20 or permitted under this subsection; 

21 (10) conduct periodic evaluations of the activi22 ties carried out with a grant under this section, in23 cluding volunteer recruitment, parental support and 

24 development, measurement of children’s opportuni25 ties to build meaningful relationships with caring 


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1 adults, and measurement of children’s opportunities 

2 for meaningful involvement and membership; 

3 (11) develop best practices regarding child-par4 ent visitation programs for eligible children and their 

5 incarcerated parents, based on the evaluations con6 ducted under paragraph (10); 

7 (12) provide age-appropriate enrichment activi8 ties for children, including activities related to basic 

9 life skills, hygiene, healthy and drug-free habits, so10 cial skills, and building self-esteem and confidence; 

11 (13) coordinate the logistics of the child-parent 

12 visitation program with the correctional facility at 

13 which the eligible children’s parents are incarcer14 ated; 

15 (14) supervise adult volunteers who are assist16 ing with the child-parent visitation program, whether 

17 such volunteers are working as individuals or as part 

18 of a team; and 

19 (15) conduct outreach activities to recruit eligi20 ble children. 

21 (c) GROUP MEETINGS.—The group meetings orga22 nized and led by a qualified organization with a grant 

23 under this section shall be supervised and facilitated by 

24 a qualified program facilitator in accordance with the pro25 visions of this section, and— 


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1 (1) may include meetings for parents that pro2 vide an opportunity for incarcerated parents of eligi3 ble children to obtain and improve parenting skills 

4 to ensure strong family foundations upon release, 

5 which may include evidence-based programs and 

6 emerging best practices; and 

7 (2) shall include the following: 

8 (A) CHILD-PARENT MEETINGS.—At least 

9 one day each month, a meeting that provides an 

10 opportunity for eligible children to visit their in11 carcerated parents in the prison facility in 

12 which their parents are incarcerated, and to 

13 take part in child-parent activities based on evi14 dence-based programs and emerging best prac15 tices that foster and develop familial ties. Such 

16 meeting shall provide a supportive environment 

17 for child-parent interaction, and may include 

18 arts and crafts, games, community service 

19 projects, and informal group mentoring ses20 sions; and 

21 (B) MEETINGS FOR CHILDREN.—At least 

22 one day each month, on a day other than the 

23 day described in subparagraph (A), a meeting 

24 in a location other than a prison facility that 

25 provides an opportunity for eligible children to 


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1 build interpersonal problem-solving skills, char2 acter, self-confidence, and self-esteem by— 

3 (i) taking part in— 

4 (I) activities based on evidence5 based programs and emerging best 

6 practices; 

7 (II) community service projects; 

8 and 

9 (III) recreational activities; and 

10 (ii) holding planning meetings. 

11 (d) STIPEND FOR QUALIFIED PROGRAM

12 FACILITATORS.—Not more than 45 percent of the grant 

13 funds provided to a qualified organization under this sec14 tion may be used to provide a monthly stipend to qualified 

15 program facilitators. To be eligible to receive such a sti16 pend, a qualified program facilitator shall enter into an 

17 agreement with a qualified organization to facilitate and 

18 supervise group meetings in accordance with the provi19 sions of this section for not less than a one-year period, 

20 in exchange for such stipend. Such agreement may be re21 newable, at the discretion of the qualified organization, for 

22 additional one-year periods. 

23 (e) APPLICATIONS; PRIORITY.— 

24 (1) APPLICATIONS.—A qualified organization 

25 interested in receiving a grant under this section 


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1 shall submit an application to the Attorney General 

2 at such time, in such manner, and containing such 

3 information as the Attorney General may require. 

4 Such application shall include an assurance by the 

5 qualified organization that the organization will pro6 vide the non-Federal share of the costs of the activi7 ties funded by a grant under this section in accord8 ance with subsection (f). 

9 (2) PRIORITY.—In awarding grants under this 

10 section, the Attorney General may give priority as 

11 follows: 

12 (A) First, to qualified organizations that, 

13 before and on the date of enactment of this Act, 

14 are carrying out a child-parent visitation pro15 gram for eligible children. 

16 (B) Second, to qualified organizations that 

17 have a track record of providing research-based, 

18 evaluated, and effective leadership development 

19 programming. 

20 (C) Third, to qualified organizations based 

21 on the quality of the organization’s plan for 

22 measuring and assessing success of the pro23 gram to be carried out with such a grant; and 

24 (D) Fourth, to qualified organizations 

25 based on the likelihood that the objectives of 


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1 the program will be achieved by the organiza2 tion. 

3 (f) NON-FEDERAL SHARE.—A qualified organization 

4 receiving a grant under this section shall provide a per5 centage of the costs described in subsection (e)(1) from 

6 non-Federal sources, which may be contributed in cash or 

7 in-kind, and which may be provided from State or local 

8 public sources, or through donations from private entities. 

9 Such percentage of the costs shall be equal to— 

10 (1) in the case of a qualified organization that 

11 was established before the date of the enactment of 

12 this Act— 

13 (A) 2.5 percent for the first year of such 

14 grant; 

15 (B) 5 percent for the second year of such 

16 grant; 

17 (C) 10 percent for the third year of such 

18 grant; 

19 (D) 10 percent for the fourth year of such 

20 grant; and 

21 (E) 10 percent for the fifth year of such 

22 grant; and 

23 (2) in the case of a qualified organization that 

24 was established on or after the date of the enact25 ment of this Act— 


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1 (A) 5 percent for the first year of such 

2 grant; 

3 (B) 10 percent for the second year of such 

4 grant; 

5 (C) 15 percent for the third year of such 

6 grant; 

7 (D) 15 percent for the fourth year of such 

8 grant; and 

9 (E) 15 percent for the fifth year of such 

10 grant. 

11 (g) REGULATIONS; REPORTS.— 

12 (1) REGULATIONS.—The Attorney General is 

13 authorized to issue such regulations as may be nec14 essary to carry out this section. 

15 (2) REPORTS BY ORGANIZATIONS.—Each quali16 fied organization receiving a grant under this section 

17 shall submit to the Attorney General an annual re18 port relating to the activities carried out with a 

19 grant under this section. Each such report shall in20 clude— 

21 (A) the evaluations conducted under sec22 tion 3(b)(10), and the best practices developed, 

23 if any, under section 3(b)(11); 


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1 (B) demographic information about the eli2 gible children served by the qualified organiza3 tion; 

4 (C) demographic information about any el5 igible children who applied to participate in the 

6 activities carried out with a grant under this 

7 section by the qualified organization, but who 

8 were not accepted for participation; and 

9 (D) an evaluation of the effect of leader10 ship development programming on the social 

11 and emotional learning of the eligible children 

12 served by the qualified organization. 

13 (3) REPORTS BY THE ATTORNEY GENERAL.— 

14 Not later than one year after the date of the enact15 ment of this Act, and annually thereafter, the Attor16 ney General shall submit to Congress a report sum17 marizing the annual reports submitted to the Attor18 ney General under paragraph (2). 

19 SEC. 4. DEFINITIONS. 

20 For the purposes of this Act: 

21 (1) QUALIFIED ORGANIZATION.—The term 

22 ‘‘qualified organization’’ means an entity that car23 ries out child-parent visitation programs that foster 

24 and develop familial ties between eligible children 

25 and their incarcerated parents, and that is— 


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1 (A) a national nonprofit organization with 

2 the capacity (as determined by the Attorney 

3 General) to carry out such visitation programs 

4 in each of the several States; 

5 (B) a nonprofit community-based or faith6 based organization; or 

7 (C) a partnership of two or more organiza8 tions or entities described in subparagraphs (A) 

9 or (B). 

10 (2) ELIGIBLE CHILDREN.—The term ‘‘eligible 

11 children’’ means individuals who— 

12 (A) are not younger than age 5 and are 

13 not older than age 18; and 

14 (B) have at least one parent who— 

15 (i) is incarcerated in a Federal or 

16 State prison; 

17 (ii) during the 3-month period pre18 ceding participation in the activities car19 ried out by a qualified organization under 

20 section 3, has displayed exemplary compli21 ance with the disciplinary regulations of 

22 the prison, and during such participation, 

23 continues to display exemplary compliance 

24 with such disciplinary regulations; and 


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1 (iii) has never been convicted of or 

2 pled guilty to any offense involving child 

3 abuse or any sex offense against a minor. 

4 (3) PRISON.—The term ‘‘prison’’ means any 

5 correctional, detention, penal, pre-release, or other 

6 confinement facility that is administered by the Fed7 eral Government or a State, or by a private organi8 zation on behalf of the Federal Government or a 

9 State. 

10 (4) QUALIFIED PROGRAM FACILITATOR.—The 

11 term ‘‘qualified program facilitator’’ means an indi12 vidual who— 

13 (A) is licensed as a clinical psychologist, 

14 psychiatrist, or mental health professional, or is 

15 working under the direct supervision of such a 

16 licensed individual; 

17 (B) is licensed as a social worker or work18 ing under the direct supervision of a licensed 

19 social worker; 

20 (C) is a licensed or certified counselor of 

21 mental health, including an individual, school, 

22 or family counselor or therapist; 

23 (D) is an otherwise licensed or certified 

24 mental health professional qualified to provide 

25 services to children and adolescents; 


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1 (E) has 5 or more years of experience 

2 working with children in a counseling capacity; 

3 or 

4 (F) has undergone a criminal background 

5 check, and has completed an orientation and all 

6 in-service training that is provided by a grantee 

7 for facilitators of a child-parent visitation pro8 gram for eligible children. 

9 (5) STATE.—The term ‘‘State’’ means each of 

10 the several States of the United States, the District 

11 of Columbia, and any commonwealth, possession, or 

12 territory of the United States. 

13 (6) LEADERSHIP DEVELOPMENT PROGRAM14 MING.—The term ‘‘leadership development program15 ming’’ means programs that help children and 

16 adults acquire the knowledge, attitudes, and skills 

17 associated with the core areas of social and emo18 tional competency, including— 

19 (A) self-awareness and self-management to 

20 achieve school and life success, such as identi21 fying and recognizing strengths, needs, emo22 tions, values and self-efficacy, impulse control 

23 and stress management, self-motivation and 

24 discipline, and goal setting and organizational 

25 skills; 


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1 (B) social awareness and interpersonal 

2 skills to establish and maintain positive rela3 tionships, such as self-esteem and respect for 

4 others, communication, working cooperatively, 

5 negotiation, conflict management, and help6 seeking; and 

7 (C) decisionmaking skills and responsible 

8 behaviors in personal, academic and community 

9 contexts, such as situational analysis, problem 

10 solving, reflection, and personal, social, and eth11 ical responsibility. 

12 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to carry out 

14 this Act $5,000,000 for fiscal year 2011, and such sums 

15 as may be necessary for each of the 5 succeeding fiscal 

16 years. 

Æ 


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