107TH CONGRESS
2D SESSION
H. R. 3839
AN ACT
To reauthorize the Child Abuse Prevention and
Treatment Act, and for other purposes.
107TH CONGRESS
2D SESSION
H. R. 3839
AN ACT
To reauthorize the Child Abuse Prevention and Treatment
Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Keeping Children and
Families Safe Act of 2002’’.
TITLE I—CHILD ABUSE PREVEN-
TION 
AND 
RELATED 
PRO-
GRAMS
Subtitle A—Amendments to the
Child 
Abuse 
Prevention 
and
Treatment Act
CHAPTER 1—GENERAL PROGRAM
SEC. 101. ADVISORY BOARD ON CHILD ABUSE AND NE-
GLECT.
Section 102 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5102) is repealed.
SEC. 102. NATIONAL CLEARINGHOUSE FOR INFORMATION
RELATING TO CHILD ABUSE.
(a) FUNCTIONS.—Section 103(b)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C.
5104(b)(1)) is amended by striking ‘‘all programs, includ-
ing private programs, that show promise of success’’ and
inserting ‘‘all effective programs, including private pro-
grams, that show promise of success and the potential for
broad-scale implementation and replication’’.
(b) COORDINATION WITH AVAILABLE RESOURCES.—
Section 103(c)(1) of such Act (42 U.S.C. 5104(c)(1)) is
amended—
(1) in subparagraph (E), by striking ‘‘and’’ at
the end;
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and
(3) by inserting after subparagraph (E) the fol-
lowing:
‘‘(F) collect and disseminate information
that 
describes 
best 
practices 
being 
used
throughout the Nation for making appropriate
referrals related to, and addressing, the phys-
ical, developmental, and mental health needs of
abused and neglected children; and’’.
SEC. 103. RESEARCH AND ASSISTANCE ACTIVITIES.
(a) RESEARCH.—Section 104(a) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5105(a)) is
amended—
(1) by redesignating paragraph (2) as para-
graph (4);
(2) by redesignating paragraph (1)(D) as para-
graph (2) (and redesignating the corresponding
items contained therein accordingly) and moving
such paragraph two ems to the left;
(3) in paragraph (1)—
(A) in the first sentence of the matter pre-
ceding subparagraph (A), by inserting ‘‘, includ-
ing longitudinal research,’’ after ‘‘interdiscipli-
nary program of research’’;
(B) in subparagraph (B), by inserting at
the end before the semicolon the following: ‘‘,
including the effects of abuse and neglect on a
child’s development and the identification of
successful early intervention services or other
services that are needed’’;
(C) in subparagraph (C)—
(i) by striking ‘‘judicial procedures’’
and inserting ‘‘judicial systems, including
multidisciplinary, 
coordinated 
decision-
making procedures’’; and
(ii) by striking ‘‘and’’ at the end; and
(D) by adding at the end the following:
‘‘(D) the evaluation and dissemination of
best practices consistent with the goals of
achieving improvements in the child protective
services systems of the States in accordance
with paragraphs (1) through (12) of section
106(a);
‘‘(E) effective approaches to interagency
collaboration between the child protection sys-
tem and the juvenile justice system that im-
prove the delivery of services and treatment, in-
cluding methods for continuity of treatment
plan and services as children transition between
systems;
‘‘(F) an evaluation of the redundancies
and gaps in the services in the field of child
abuse and neglect prevention in order to make
better use of resources; and
‘‘(G) the information on the national inci-
dence of child abuse and neglect specified in
subparagraphs (A) through (K) of paragraph
(2).’’;
(4) in paragraph (2) (as redesignated)—
(A) by striking the matter preceding sub-
paragraph (A) (as redesignated) and inserting
‘‘The Secretary shall conduct research on the
national incidence of child abuse and neglect,
including—’’;
(B) in subparagraph (H) (as redesig-
nated), by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (I) (as
redesignated) as subparagraph (J); and
(D) by inserting after subparagraph (H)
the following:
‘‘(I) the incidence and prevalence of child
maltreatment by reason of family structure, in-
cluding the living arrangement of the resident
parent, family income, and family size; and’’;
(5) by inserting after paragraph (2) (as redesig-
nated) the following:
‘‘(3) REPORT.—Not later than 4 years after the
date of the enactment of the Keeping Children and
Families Safe Act of 2002, the Secretary shall pre-
pare and submit to the Committee on Education and
the Workforce of the House of Representatives and
the Committee on Health, Education, Labor and
Pensions of the Senate a report that contains the re-
sults of the research conducted under paragraph
(2).’’; and
(6) in paragraph (4) (as redesignated), by
amending subparagraph (B) to read as follows:
‘‘(B) The Secretary shall, every two years, pro-
vide opportunity for public comment of such pro-
posed priorities and provide for an official record of
such public comment.’’.
(b) PROVISION OF TECHNICAL ASSISTANCE.—Sec-
tion 104(b) of such Act (42 U.S.C. 5105(b)) is amended—
(1) in paragraph (1), by inserting ‘‘, including
replicating successful program models,’’ after ‘‘and
carrying out programs and activities’’; and
(2) in paragraph (2)—
(A) in subparagraph (B), by striking
‘‘and’’ at the end;
(B) in subparagraph (C), by striking the
period at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(D) effective approaches being utilized to
link child protective service agencies with health
care, mental health care, and developmental
services to improve forensic diagnosis and
health evaluations, and barriers and shortages
to such linkages.’’.
SEC. 104. GRANTS TO PUBLIC AGENCIES AND NONPROFIT
PRIVATE ORGANIZATIONS FOR DEMONSTRA-
TION PROGRAMS AND PROJECTS.
(a) DEMONSTRATION PROGRAMS AND PROJECTS.—
Section 105(a) of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106(a)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon;
and
(C) by adding at the end the following:
‘‘(D) for training to support the enhance-
ment of linkages between child protective serv-
ice agencies and health care agencies, including
physical and mental health services, to improve
forensic diagnosis and health evaluations and
for innovative partnerships between child pro-
tective service agencies and health care agencies
that offer creative approaches to using existing
Federal, State, local, and private funding to
meet the health evaluation needs of children
who have been subjects of substantiated cases
of child abuse or neglect;
‘‘(E) for the training of personnel in best
practices to promote collaboration with the fam-
ilies from the initial time of contact during the
investigation through treatment; and
‘‘(F) for the training of personnel regard-
ing the legal duties of such personnel.’’;
(2) in paragraph (2)—
(A) by striking ‘‘(such as Parents Anony-
mous)’’; and
(B) by inserting ‘‘that incorporate stand-
ards and demonstrate effectiveness, and have a
shared model of leadership,’’ after ‘‘self-help
programs’’; and
(3) in paragraph (3)—
(A) in subparagraph (A)—
(i) in the matter preceding clause
(i)—
(I) by striking ‘‘responding to re-
ports’’ and inserting ‘‘addressing the
prevention and treatment’’; and
(II) by striking ‘‘including’’ and
all that follows through ‘‘triage sys-
tem’’ and inserting ‘‘, including com-
munity-based organizations, national
entities, collaborative partnerships be-
tween State child protective service
agencies, statewide child abuse pre-
vention and treatment organizations,
law enforcement agencies, substance
abuse treatment entities, health care
entities, domestic violence prevention
entities, mental health services enti-
ties, developmental disability agencies,
community social service agencies,
family support programs, schools, reli-
gious organizations, and other entities
to allow for the establishment of a
triage system’’; and
(ii) in clause (iii), by striking ‘‘child’s
safety is in jeopardy’’ and inserting
‘‘child’s safety and health are in jeopardy’’;
and
(B) by adding at the end the following:
‘‘(D) LINKAGES BETWEEN CHILD PROTEC-
TIVE SERVICE AGENCIES AND PUBLIC HEALTH,
MENTAL HEALTH, AND DEVELOPMENTAL DIS-
ABILITIES
AGENCIES.—The 
Secretary 
may
award grants to entities that provide linkages
between State or local child protective service
agencies and public health, mental health, and
developmental disabilities agencies, for the pur-
pose of establishing linkages that are designed
to help assure that a greater number of sub-
stantiated victims of child maltreatment have
their physical health, mental health, and devel-
opmental needs appropriately diagnosed and
treated.’’.
(b) DISCRETIONARY GRANTS.—Section 105(b) of
such Act (42 U.S.C. 5106(b)) is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) Programs based within children’s hos-
pitals, or other pediatric and adolescent care facili-
ties, that provide model approaches for improving
medical diagnosis of child abuse and neglect and for
health evaluations of children for whom a report of
maltreatment has been substantiated.’’.
(c) EVALUATION.—Section 105(c) of such Act (42
U.S.C. 5106(c)) is amended—
(1) in the second sentence, by inserting ‘‘or
contract’’ after ‘‘or as a separate grant’’; and
(2) by adding at the end the following: ‘‘In the
case of an evaluation performed by the recipient of
a demonstration grant, the Secretary shall make
available technical assistance for the evaluation,
where needed, to ensure a rigorous application of
scientific evaluation techniques.’’.
SEC. 105. GRANTS TO STATES FOR CHILD ABUSE AND NE-
GLECT PREVENTION AND TREATMENT PRO-
GRAMS.
(a) DEVELOPMENT AND OPERATION GRANTS.—Sec-
tion 106(a) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a(a)) is amended—
(1) in paragraph (3)—
(A) by inserting ‘‘, including ongoing case
monitoring,’’ after ‘‘case management’’; and
(6) by redesignating paragraphs (8) through
(10) (as redesignated) as paragraphs (9) through
(11), respectively;
(7) by inserting after paragraph (7) the fol-
lowing:
‘‘(8) developing and delivering information to
improve public education relating to the role and re-
sponsibilities of the child protection system and the
nature and basis for reporting suspected incidents of
child abuse and neglect;’’;
(8) by striking ‘‘or’’ at the end of paragraph
(10) (as redesignated);
(9) by redesignating paragraph (11) (as redes-
ignated) as paragraph (12);
(10) by inserting after paragraph (10) the fol-
lowing:
‘‘(11) promoting partnerships between public
agencies and community-based organizations to pro-
vide child abuse and neglect prevention and treat-
ment services, including linkages with education sys-
tems and health care systems (including mental
health systems);’’;
(11) by striking the period at the end of para-
graph (12) (as redesignated) and inserting a semi-
colon; and
(12) by adding at the end the following:
‘‘(13) supporting and enhancing interagency
collaboration between the child protection system
and the juvenile justice system for improved delivery
of services and treatment, including methods for
continuity of treatment plan and services as children
transition between systems; or
‘‘(14) supporting and enhancing collaboration
among public health agencies, the child protection
system, and private community-based programs to
address the health needs of children identified as
abused or neglected, including supporting prompt,
comprehensive health and developmental evaluations
for children who are the subject of substantiated
child maltreatment reports.’’.
(b) ELIGIBILITY REQUIREMENTS.—
(1) STATE
PLAN.—Section 106(b)(1)(B) of
such Act (42 U.S.C. 5106(b)(1)(B)) is amended—
(A) by striking ‘‘provide notice to the Sec-
retary of any substantive changes’’ and insert-
ing the following: ‘‘provide notice to the Sec-
retary of—
‘‘(i) any substantive changes’’;
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(ii) any significant changes to how
funds provided under this section are used
to support the activities which may differ
from the activities as described in the cur-
rent State application.’’.
(2) COORDINATION.—Section 106(b)(2)(A) of
such Act (42 U.S.C. 5106a(b)(2)(A)) is amended—
(A) by redesignating clauses (ii) through
(xiii) as clauses (iii) through (xiv), respectively;
(B) by inserting after clause (i) the fol-
lowing:
‘‘(ii) policies and procedures to ad-
dress the needs of infants born and identi-
fied with fetal alcohol effects, fetal alcohol
syndrome, neonatal intoxication or with-
drawal syndrome, or neonatal physical or
neurological harm resulting from prenatal
drug exposure, including—
‘‘(I) the requirement that health
care providers involved in the delivery
or care of such infants notify the child
protective services system of the oc-
currence of such condition in such in-
fants, except that such notification
shall not be construed to create a defi-
nition under Federal law of what con-
stitutes child abuse and such notifica-
tion shall not be construed to require
prosecution for any illegal action; and
‘‘(II) the development of a plan
of safe care for the infant under
which consideration may be given to
providing the mother with health serv-
ices (including mental health services),
social services, parenting services, and
substance abuse prevention and treat-
ment counseling and to providing the
infant with referral to the statewide
early intervention program funded
under part C of the Individuals with
Disabilities Education Act for an eval-
uation for the need for services pro-
vided under part C of such Act;’’;
(C) by redesignating clauses (vi) through
(xiv) (as redesignated) as clauses (vii) through
(xv), respectively;
(D) by inserting after clause (v) (as redes-
ignated) the following:
‘‘(vi) provisions to require a State to
disclose confidential information to any
Federal, State, or local government entity,
or any agent of such entity, that has a
need for such information in order to carry
out its responsibilities under law to protect
children from abuse and neglect;’’;
(E) in clause (vii)(II) (as redesignated), by
striking ‘‘, having a need for such information’’
and all that follows through ‘‘abuse and ne-
glect’’ and inserting ‘‘as described in clause
(vi)’’;
(F) in clause (xiii) (as redesignated), by
striking ‘‘to be effective not later than 2 years
after the date of the enactment of this section’’;
(G) in clause (xiv) (as redesignated)—
(i) in the matter preceding subclause
(I), by striking ‘‘to be effective not later
than 2 years after the date of the enact-
ment of this section’’; and
(ii) in subclause (IV), by striking
‘‘and’’ at the end;
(H) in clause (xv) (as redesignated), by
striking ‘‘clause (xii)’’ each place it appears and
inserting ‘‘clause (xiv)’’; and
doned, or found dead in the United States and
the number of such infants and young children
who are infants and young children described in
section 223(b);
‘‘(B) an estimate of the annual number of
infants and young children who are victims of
homicide;
‘‘(C) characteristics and demographics of
parents who have abandoned an infant within 1
year of the infant’s birth; and
‘‘(D) an estimate of the annual costs in-
curred by the Federal Government and by State
and local governments in providing housing and
care for abandoned infants and young children.
‘‘(2) DEADLINE.—Not later than 36 months
after the date of the enactment of the Keeping Chil-
dren and Families Safe Act of 2002, the Secretary
shall complete the study required under paragraph
(1) and submit to the Congress a report describing
the findings made as a result of the study.
‘‘(c) EVALUATION.—The Secretary shall evaluate and
report on effective methods of intervening before the aban-
donment of an infant or young child so as to prevent such
abandonments, and effective methods for responding to
the needs of abandoned infants and young children.’’.