I 

110TH CONGRESS 

2D SESSION H. R. 5654 

To authorize a program to provide grants to youth-serving organizations 

that carry out child-parent visitation programs for children with incarcerated parents. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2008 

Mr. RUSH (for himself, Mr. JOHNSON of Georgia, Ms. KILPATRICK, Mr. 

BUTTERFIELD, Mr. ELLISON, Mr. DAVIS of Illinois, Ms. MOORE of Wisconsin, Mr. PAYNE, Ms. JACKSON-LEE of Texas, Mrs. CHRISTENSEN, Mr. 

COHEN, Mr. LEWIS of Georgia, Ms. WATSON, Mrs. CAPPS, Ms. BALDWIN, Ms. HARMAN, Mr. CLAY, Ms. CLARKE, Mr. RUPPERSBERGER, Mr. 

LARSON of Connecticut, Ms. DELAURO, and Mr. HASTINGS of Florida) 

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

Education and Labor 

A BILL 

To authorize a program to provide grants to youth-serving 

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 2008’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) The Bureau of Justice Statistics estimates 

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

5 least one incarcerated parent, and an estimated 

6 10,000,000 more individuals have at least one par7 ent who was incarcerated at some point during the 

8 individual’s childhood. 

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

10 estimated that 75 percent of incarcerated women 

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

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

13 percent of incarcerated men were fathers of children 

14 under the age of 18. 

15 (3) The trauma associated with having an in16 carcerated parent has been well-documented, and in17 cludes depression, aggression, low self-esteem, poor 

18 academic performance, truancy, attention deficit dis19 orders, substance abuse, teen pregnancy, and symp20 toms of post-traumatic stress disorder. 

21 (4) The Bureau of Justice Statistics estimates 

22 that children with imprisoned parents may be almost 

23 6 times more likely than their peers to be incarcer24 ated. 

25 (5) Increased visitation between incarcerated 

26 parents and their children can reduce the anxiety 


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1 and sense of loss children of incarcerated parents ex2 perience. This beneficial, low-cost activity may also 

3 contribute to a reduction in future crime committed 

4 by, and incarceration of, children of incarcerated 

5 parents. 

6 (6) Participation in a comprehensive visitation 

7 program allows children of incarcerated parents to 

8 build relationships with caring adults and experience 

9 opportunities for meaningful involvement and mem10 bership, helping to reduce the negative effects of 

11 parent-child separation. 

12 (7) The incarceration of women who are moth13 ers introduces significant changes to the family 

14 structure, income level, living arrangements, and 

15 emotional support systems of their children. The in16 carceration of mothers is often more disruptive than 

17 the incarceration of fathers, because an estimated 

18 two-thirds of mothers who are incarcertated serve as 

19 the primary caregiver for at least one child before 

20 arrest. 

21 (8) Incarceration can present an opportunity to 

22 enhance parenting skills, encourage children to resist 

23 peer pressure, and foster high parental expectations 

24 for their children’s school work. 


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1 SEC. 3. BEYOND BARS GRANT PROGRAM. 

2 (a) GRANT PROGRAM ESTABLISHED.— 

3 (1) GRANTS AUTHORIZED.—The Attorney Gen4 eral is authorized to award grants to qualified orga5 nizations to carry out child-parent visitation pro6 grams that foster and develop familial ties between 

7 eligible children and their incarcerated parents. 

8 (2) GRANT AMOUNT.—A grant awarded under 

9 this section to a qualified organization may not be 

10 less than $200,000 nor more than $310,000. 

11 (3) GRANT PERIOD; RENEWABILITY.—A grant 

12 awarded under this section shall be for not less than 

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

14 and may be renewed. 

15 (b) GRANT USES.—Grants awarded under this sec16 tion may be used by a qualified organization to— 

17 (1) organize and lead group meetings, in ac18 cordance with subsection (c); 

19 (2) provide counseling to eligible children, and 

20 to their incarcerated parents; 

21 (3) select one or more qualified program 

22 facilitators to— 

23 (A) organize and lead group meetings, in 

24 accordance with subsection (c); and 

25 (B) provide counseling to eligible children, 

26 and to their incarcerated parents; 


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1 (4) provide to one or more such qualified pro2 gram facilitators a monthly stipend in accordance 

3 with subsection (d); 

4 (5) provide transportation for eligible children 

5 to attend such group meetings, and provide volun6 teer support to assist in such transportation; 

7 (6) provide security for eligible children during 

8 such group meetings, and comply with applicable se9 curity procedures required by the facility at which 

10 the eligible children’s parents are incarcerated; 

11 (7) provide enrichment activities for incarcer12 ated parents of eligible children during incarceration 

13 and pre-release, including parenting classes and 

14 transition programs; 

15 (8) provide connections to and coordination 

16 with community and social services and other sup17 port to eligible children, incarcerated parents, and 

18 individuals who serve as guardians of eligible chil19 dren while the eligible children’s parents are incar20 cerated; 

21 (9) obtain program materials and other supplies 

22 necessary to carry out other grant activities required 

23 or permitted under this subsection; 

24 (10) conduct periodic evaluations of the activi25 ties carried out with a grant under this section, inVerDate Aug 31 2005 21:55 Mar 27, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5654.IH H5654

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1 cluding volunteer recruitment, parental support and 

2 development, measurement of children’s opportuni3 ties to build meaningful relationships with caring 

4 adults, and measurement of children’s opportunities 

5 for meaningful involvement and membership; 

6 (11) develop best practices regarding child-par7 ent visitation programs for eligible children and their 

8 incarcerated parents, based on the evaluations con9 ducted under paragraph (10); 

10 (12) provide age-appropriate enrichment activi11 ties for children, including activities related to basic 

12 life skills, hygiene, healthy and drug-free habits, so13 cial skills, and building self-esteem and confidence; 

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

15 visitation program with the correctional facility at 

16 which the eligible children’s parents are incarcer17 ated; 

18 (14) supervise adult volunteers who are assist19 ing with the child-parent visitation program, whether 

20 such volunteers are working as individuals or as part 

21 of a team; and 

22 (15) conduct outreach activities to recruit eligi23 ble children. 

24 (c) GROUP MEETINGS.—The group meetings orga25 nized and led by a qualified organization with a grant 


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1 under this section shall be supervised and facilitated by 

2 a qualified program facilitator in accordance with the pro3 visions of this section, and shall include the following: 

4 (1) CHILD-PARENT MEETINGS.—At least one 

5 day each month, a meeting that provides an oppor6 tunity for eligible children to visit their incarcerated 

7 parents in the prison facility in which their parents 

8 are incarcerated, and to take part in child-parent ac9 tivities based on evidence-based programs and 

10 emerging best practices that foster and develop fa11 milial ties. Such meeting shall provide a supportive 

12 environment for child-parent interaction, and may 

13 include arts and crafts, games, community service 

14 projects, and informal group mentoring sessions. 

15 (2) MEETINGS FOR CHILDREN.—At least one 

16 day each month, on a day other than the day de17 scribed in paragraph (1), a meeting in a location 

18 other than a prison facility that provides an oppor19 tunity for eligible children to build interpersonal 

20 problem-solving skills, character, self-confidence, and 

21 self-esteem by— 

22 (A) taking part in— 

23 (i) activities based on evidence-based 

24 programs and emerging best practices that 

25 address traumatic stress in children, such 


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1 as programs and practices recommended 

2 by the National Child Traumatic Stress 

3 Network; 

4 (ii) community service projects; and 

5 (iii) recreational activities; and 

6 (B) holding planning meetings. 

7 (3) MEETINGS FOR PARENTS.—At least one 

8 day each month, on a day other than the day de9 scribed in paragraph (1), a meeting in the prison fa10 cility in which parents of eligible children are incar11 cerated, that provides an opportunity for such incar12 cerated parents to obtain and improve parenting 

13 skills to ensure strong family foundations upon re14 lease, which may include evidence-based programs 

15 and emerging best practices. 

16 (d) STIPEND FOR QUALIFIED PROGRAM

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

18 funds provided to a qualified organization under this sec19 tion may be used to provide a monthly stipend to qualified 

20 program facilitators. To be eligible to receive such a sti21 pend, a qualified program facilitator shall enter into an 

22 agreement with a qualified organization to facilitate and 

23 supervise group meetings in accordance with the provi24 sions of this section for not less than a one-year period, 

25 in exchange for such stipend. Such agreement may be reVerDate Aug 31 2005 21:55 Mar 27, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5654.IH H5654

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1 newable, at the discretion of the qualified organization, for 

2 additional one-year periods. 

3 (e) APPLICATIONS; PRIORITY.— 

4 (1) APPLICATIONS.—A qualified organization 

5 interested in receiving a grant under this section 

6 shall submit an application to the Attorney General 

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

8 information as the Attorney General may require. 

9 Such application shall include an assurance by the 

10 qualified organization that the organization will pro11 vide the non-Federal share of the costs of the activi12 ties funded by a grant under this section in accord13 ance with subsection (f). 

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

15 section, the Attorney General may give priority as 

16 follows: 

17 (A) First, to qualified organizations that, 

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

19 are carrying out a child-parent visitation pro20 gram for eligible children. 

21 (B) Second, to qualified organizations that 

22 serve the greatest number of eligible children. 

23 (C) Third, to qualified organizations that 

24 demonstrate the greatest need for funds to 

25 serve eligible children. 


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

2 receiving a grant under this section shall provide a per3 centage of the costs described in subsection (e)(1) from 

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

5 in kind, fairly evaluated, including facilities, equipment, 

6 or services, and which may be provided from State or local 

7 public sources, or through donations from private entities. 

8 Such percentage of the costs shall be equal to— 

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

10 was established on or after the date of the enact11 ment of this Act— 

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

13 grant; 

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

15 grant; 

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

17 grant; 

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

19 grant; and 

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

21 grant; and 

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

23 was established before the date of the enactment of 

24 this Act— 


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1 (A) 10 percent for the first year of such 

2 grant; 

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

4 grant; 

5 (C) 20 percent for the third year of such 

6 grant; 

7 (D) 20 percent for the fourth year of such 

8 grant; and 

9 (E) 20 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) the number of eligible children served 

10 by the qualified organization who have been di11 agnosed with or treated for post traumatic 

12 stress disorder. 

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. GAO REPORT. 

20 (a) STUDY.—The Comptroller General shall, subject 

21 to the availability of appropriations, conduct a study of 

22 child-parent visitation programs for eligible children, in23 cluding— 

24 (1) the number of eligible children and incarcer25 ated parents served by such programs; 


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1 (2) demographic data for participants in such 

2 programs, including— 

3 (A) eligible children; 

4 (B) incarcerated parents; and 

5 (C) individuals who serve as guardians of 

6 eligible children while the eligible children’s par7 ents are incarcerated; 

8 (3) the recidivism rates of parents who partici9 pate in such programs; 

10 (4) the incarceration and recidivism rates for 

11 children who participate in such programs; 

12 (5) the secondary education graduation and 

13 drop-out rates of eligible children who participate in 

14 such programs; 

15 (6) the teen pregnancy rates of eligible children 

16 who participate in such programs; 

17 (7) the number of eligible children who partici18 pate in such programs who have any future adverse 

19 contact with the justice system; 

20 (8) the average amount of time such programs 

21 have been in existence; 

22 (9) the average length of time eligible children 

23 and incarcerated parents participate in such pro24 grams; 


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1 (10) reasons why eligible children and incarcer2 ated parents drop out of or do not otherwise com3 plete such programs; 

4 (11) the average distance between where eligible 

5 children reside from the prison facilities in which 

6 their parents are incarcerated; 

7 (12) the types of counseling that are available 

8 and are being provided through such programs; 

9 (13) whether such programs provide long-term 

10 services to participants in such programs, including 

11 whether any services are available after participants 

12 have completed such programs; 

13 (14) methods used to evaluate the performance 

14 of employees and volunteers of such programs; and 

15 (15) the methods used by such programs to 

16 find and recruit eligible children and incarcerated 

17 parents to participate in such programs, including 

18 methods used in prison facilities, schools, and any 

19 other service organizations. 

20 (b) STUDY PERIODS.—The Comptroller General shall 

21 conduct the study under subsection (a)— 

22 (1) during the one-year period beginning on the 

23 date of the enactment of this Act; and 


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1 (2) during the one-year period beginning on the 

2 date that is 5 years after the date of the enactment 

3 of this Act. 

4 (c) REPORTS.—Not later than 30 days after the end 

5 of each period described in paragraphs (1) and (2) of sub6 section (b), the Comptroller General shall submit to Con7 gress a report of the findings of the study conducted under 

8 subsection (a). 

9 SEC. 5. DEFINITIONS. 

10 For the purposes of this Act: 

11 (1) QUALIFIED ORGANIZATION.—The term 

12 ‘‘qualified organization’’ means a non-profit organi13 zation (such as Girl Scouts of the United States of 

14 America, Boy Scouts of America, Volunteers of 

15 America, Camp Fire USA, Big Brothers Big Sisters, 

16 and Amachi Mentoring Program), that carries out 

17 child-parent visitation programs that foster and de18 velop familial ties between eligible children and their 

19 incarcerated parents. 

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

21 children’’ means individuals who— 

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

23 not older than age 18; and 

24 (B) have at least one parent who— 


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1 (i) is incarcerated in a Federal or 

2 State prison; 

3 (ii) during the 3-month period pre4 ceding participation in the activities car5 ried out by a qualified organization under 

6 section 3, has displayed exemplary compli7 ance with the disciplinary regulations of 

8 the prison, and during such participation, 

9 continues to display exemplary compliance 

10 with such disciplinary regulations; and 

11 (iii) has never been convicted of or 

12 plead guilty to any offense involving child 

13 abuse or any sex offense against a minor. 

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

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

16 confinement facility that is administered by the Fed17 eral Government or a State, or by a private organi18 zation on behalf of the Federal Government or a 

19 State. 

20 (4) QUALIFIED PROGRAM FACILITATOR.—The 

21 term ‘‘qualified program facilitator’’ means an indi22 vidual who— 

23 (A) is licensed as a clinical psychologist, 

24 psychiatrist, or mental health professional, or is 


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1 working under the direct supervision of such a 

2 licensed individual; 

3 (B) is licensed as a social worker or work4 ing under the direct supervision of a licensed 

5 social worker; 

6 (C) is a licensed or certified counselor of 

7 mental health, including an individual, school, 

8 or family counselor or therapist; 

9 (D) is an other licensed or certified mental 

10 health professional qualified to provide services 

11 to children and adolescents; 

12 (E) has 5 or more years of experience 

13 working with children in a counseling capacity; 

14 or 

15 (F) has undergone a criminal background 

16 check, and has completed an orientation and all 

17 in-service training that is provided by a grantee 

18 for facilitators of a child-parent visitation pro19 gram for eligible children. 

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

21 the several States of the United States, the District 

22 of Columbia, and any commonwealth, possession, or 

23 territory of the United States. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act. 

Æ 


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