806
applicable percentage determined under para-
graph (2) for matching funds if the Secretary 
determines that economic conditions in the eli-
gible State justify making such modification. 
‘‘(B) INDIAN TRIBES.—In the case of an 
Indian tribe, the Secretary may modify the ap-
plicable percentage determined under such 
paragraph if the Secretary determines that it 
would be inappropriate to apply to the Indian 
tribe, taking into the resources and needs of the 
tribe and the amount of funds the tribe would 
receive under a grant made under this section. 
‘‘(c) USE OF FUNDS.—Funds provided under a grant 
made under this subpart may only be used to carry out 
activities specified in the plan, as approved by the Sec-
retary. 
‘‘(d) DEADLINE FOR REQUEST FOR PAYMENT.—An 
eligible State or Indian tribe shall apply to be paid funds 
under a grant made under this subpart not later than the 
beginning of the fourth quarter of a fiscal year or such 
funds shall be reallotted under subsection (f). 
‘‘(e) CARRYOVER OF FUNDS.—Funds paid to an eli-
gible State or Indian tribe under a grant made under this 
subpart for a fiscal year may be expended in that fiscal 
year or the succeeding fiscal year.
807
‘‘(f) REALLOTMENT OF FUNDS.—
‘‘(1) ELIGIBLE STATES.—In the case of an eli-
gible State that does not apply for funds allotted to 
the eligible State under a grant made under this 
subpart for a fiscal year within the time provided 
under subsection (d), or that does not expend such 
funds during the time provided under subsection (e), 
the funds which the eligible State would have been 
entitled to for such fiscal year shall be reallotted to 
1 or more other eligible States on the basis of each 
such State’s relative need for additional payments, 
as determined by the Secretary, after consultation 
with the Assistant Secretary for the Administration 
for Children and Families and the Administrator of 
the Substance Abuse and Mental Health Services 
Administration. 
‘‘(2) INDIAN TRIBES.—In the case of an Indian 
tribe that does not expend funds allotted to the tribe 
during the time provided under subsection (e), the 
funds to which the Indian tribe would have been en-
titled to for such fiscal year shall be reallotted to the 
remaining Indian tribes that are implementing ap-
proved plans in amounts that are proportional to the 
percentage of Indian children under the age of 18 in 
each such tribe.
808
‘‘SEC. 445. PERFORMANCE ACCOUNTABILITY; REPORTS 
AND EVALUATIONS. 
‘‘(a) PERFORMANCE MEASUREMENT.—
‘‘(1) ESTABLISHMENT
OF
INDICATORS.—The 
Secretary, in consultation with the Assistant Sec-
retary for the Administration for Children and Fam-
ilies, the Administrator of the Substance Abuse and 
Mental Health Services Administration, Chief Exec-
utive Officers of a State or Territory, State legisla-
tors, State and local public officials responsible for 
administering child welfare and alcohol and drug 
abuse prevention and treatment programs, court 
staff, consumers of the services, and advocates for 
children and parents who come to the attention of 
the child welfare system, shall, within 12 months of 
the date of enactment of the Child Protection/Alco-
hol and Drug Partnership Act, establish indicators 
that will be used to assess periodically the perform-
ance of eligible States and Indian tribes in using 
grant funds provided under this subpart to promote 
child safety, permanence, and well-being and recov-
ery in families who come to the attention of the child 
welfare system. 
‘‘(2) COORDINATION.—The indicators estab-
lished under paragraph (1) shall be based on and co-
ordinated with the performance outcomes established
809
for the child welfare system pursuant to section 
203(b) of the Adoption and Safe Families Act of 
1997 and the performance measures developed 
under subpart II of part B of title XIX of the Public 
Health Service Act (relating to the substance abuse 
prevention and treatment block grant). 
‘‘(3) PURPOSE.—The indicators will be used to 
measure periodically the progress made by the State 
agencies and by child welfare and alcohol and drug 
abuse prevention and treatment agencies serving 
children in Indian tribes in the activities that such 
agencies jointly engage in with such grant funds. An 
eligible State or Indian tribe will be measured 
against itself, assessing progress over time against a 
baseline established at the time the grant activities 
were undertaken. 
‘‘(4) ILLUSTRATIVE
EXAMPLES.—The indica-
tors developed should address the range of activities 
that eligible States and Indian tribes have the option 
of engaging in with such grant funds. Examples of 
the types of progress to be measured in the different 
areas of activity include the following: 
‘‘(A) Improving the screening and assess-
ment of families who come to the attention of 
the child welfare system with alcohol and drug
810
problems, so such families can be promptly re-
ferred for appropriate treatment when nec-
essary. 
‘‘(B) Increasing the availability of com-
prehensive and timely individualized treatment 
for families with alcohol and drug problems who 
come to the attention of the child welfare sys-
tem. 
‘‘(C) Increasing the number or proportion 
of families who, when they come to the atten-
tion of the child welfare system with alcohol 
and drug problems, promptly enter appropriate 
treatment. 
‘‘(D) Increasing the engagement and re-
tention in treatment of families with alcohol 
and drug problems who come to the attention 
of the child welfare system. 
‘‘(E) Decreasing the number of children 
who re-enter foster care after being returned to 
families who had alcohol or drug problems when 
the children entered foster care. 
‘‘(F) Increasing the number or proportion 
of staff in both the public child welfare and al-
cohol and drug abuse prevention and treatment 
agencies who have received training on the
811
needs of families that come to the attention of 
the child welfare and alcohol and drug abuse 
prevention and treatment systems for help, and 
the help that can be provided to such families. 
‘‘(G) Increasing the proportion of parents 
who complete treatment for alcohol or drug 
abuse and show improvement in their pre-em-
ployment or employment status. 
‘‘(5) DETERMINATION OF PROGRESS.—
‘‘(A) INITIAL REPORT.—Not later than the 
end of the first fiscal year in which funds are 
received under a grant made under this sub-
part, the State agencies in each eligible State 
that receives such funds, and the Indian tribes 
that receive such funds, shall submit to the Sec-
retary a report on the activities carried out dur-
ing the fiscal year with such funds. The report 
shall contain such information as the Secretary 
determines is necessary to provide an accurate 
description of the activities conducted with such 
funds and of any changes in the use of such 
funds that are planned for the succeeding fiscal 
year. 
‘‘(B) USE
OF
INDICATORS.—As soon as 
possible after the establishment of indicators
812
under paragraph (1), the State agencies and In-
dian tribes shall conduct evaluations, directly or 
under contract, of their progress with respect to 
such indicators that are directly related to ac-
tivities the eligible State or Indian tribe is en-
gaging in with such grant funds and include in-
formation on the evaluation in the reports to 
the Secretary required under subparagraphs 
(C) and (D). After the third year in which such 
activities are conducted, an eligible State or In-
dian tribe shall include in the evaluation at 
least some indicators that address improve-
ments in treatment for families with alcohol 
and drug problems who come to the attention 
of the child welfare system. 
‘‘(C) SUBSEQUENT
REPORTS.—After the 
initial report is submitted under subparagraph 
(A), an eligible State or Indian tribe shall sub-
mit to the Secretary, not later than June 30 of 
each fiscal year thereafter in which the State or 
tribe carries out activities with grant funds pro-
vided under this subpart, a report on the appli-
cation of the indicators established under para-
graph (1) to such activities. The reports shall 
include an explanation regarding why the spe-
813
cific indicators used were chosen, how such in-
dicators are expected to impact a child’s safety, 
permanence, well-being, and parental recovery, 
and the results (as of the date of submission of 
the report) of the evaluation conducted under 
subparagraph (B). 
‘‘(D) FINAL REPORT.—Not later than Sep-
tember 30, 2008, each eligible State and Indian 
tribe with an approved plan under this part 
shall submit a final report on the evaluations 
conducted under subparagraph (B) and the 
progress made in achieving the goals specified 
in the plan of the State or Indian tribe. 
‘‘(E) FAILURE TO REPORT.—
‘‘(i) IN GENERAL.—Subject to clause 
(ii), an eligible State or Indian tribe that 
fails to submit the reports required under 
this paragraph or to conduct the evalua-
tion required under subparagraph (B) shall 
not be eligible to receive grant funds pro-
vided under this subpart for the fiscal year 
following the fiscal year in which such 
State or Indian tribe failed to submit such 
report or conduct such evaluation.
814
‘‘(ii) CORRECTIVE ACTION.—An eligi-
ble State or Indian tribe to which clause 
(i) applies may, notwithstanding such 
clause, receive grant funds under this sub-
part for a succeeding fiscal year if prior to 
September 30 of the fiscal year in which 
such failure occurred, the State agencies of 
the eligible State, or the Indian tribe, sub-
mit to the Secretary a plan to monitor and 
evaluate in a timely manner the activities 
conducted with such funds, and such plan 
is approved in a timely manner by the Sec-
retary, after consultation with the Admin-
istration for Children and Families and the 
Substance Abuse and Mental Health Serv-
ices Administration. 
‘‘(b) SECRETARIAL REPORTS AND EVALUATIONS.—
‘‘(1) ANNUAL REPORTS.—On the basis of re-
ports submitted under subsection (a), the Secretary, 
in consultation with the Assistant Secretary for the 
Administration for Children and Families and the 
Administrator of the Substance Abuse and Mental 
Health Services Administration, shall report annu-
ally, beginning on October 1, 2005, to the Com-
mittee on Ways and Means of the House of Rep-
815
resentatives and the Committee on Finance of the 
Senate on the joint activities conducted with funds 
provided under grants made under this subpart, the 
indicators that have been established, and the 
progress that has been made in addressing the needs 
of families with alcohol and drug abuse problems 
who come to the attention of the child welfare sys-
tem and in achieving the goals of child safety, per-
manence, and family stability. 
‘‘(2) EVALUATIONS.—Not later than 6 months 
after the end of each 5-year funding cycle under this 
subpart, the Secretary shall submit a report to the 
committees described in paragraph (1) that summa-
rizes the results of the evaluations conducted by eli-
gible States and Indian tribes under subsection 
(a)(5)(B), as reported by such States and Indian 
tribes in accordance with subparagraphs (C) and 
(D) of subsection (a)(5). The Secretary shall include 
in the report required under this paragraph rec-
ommendations for further legislative or administra-
tive actions that are designed to assist children and 
families with alcohol and drug abuse problems who 
come to the attention of the child welfare system.’’.
816
Subtitle D—Permanency Grants 
SEC. 8301. ESTABLISHMENT OF PERMANENCY GRANTS 
PROGRAM. 
Part E of title IV of the Social Security Act (42 
U.S.C. 670 et seq.), as amended by section 8011(b), is 
amended by adding at the end the following: 
‘‘SEC. 479C. PERMANENCY GRANTS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) QUALIFIED
STATE
AGENCY.—The term 
‘qualified State agency’ means, with respect to a 
State, the State agency—
‘‘(A) with responsibility for administering 
the program authorized by subpart 1 of part B 
and the program authorized under this part; 
and 
‘‘(B) that submits an application in ac-
cordance with the requirements of subsection 
(c). 
‘‘(2) WAITING CHILDREN.—The term ‘waiting 
children’ means the children described in subsection 
(b)(2). 
‘‘(b) AUTHORITY TO AWARD GRANTS.—The Sec-
retary shall award a one-time grant to each qualified State 
agency for the purposes of—
817
‘‘(1) promoting the permanency goals of the 
Adoption and Safe Families Act of 1997; and 
‘‘(2) enabling the agency to reduce existing 
backlogs of children with permanent placement plans 
pursuant to that Act who, as of the date of enact-
ment of that Act, were waiting to be placed in per-
manent homes, through return to their families, 
placement in adoptive homes, or placement with a 
legal guardian or a fit or willing relative. 
‘‘(c) APPLICATION.—A State agency desiring a grant 
under this section shall submit an application for a grant, 
in such form and manner as the Secretary shall require, 
that contains a description of the following: 
‘‘(1) The barriers to achieving the permanency 
goals established in the Adoption and Safe Families 
Act of 1997. 
‘‘(2) The results of the review of the perma-
nency plans for children in foster care on November 
19, 1997 (the date of enactment of that Act), in-
cluding—
‘‘(A) the number of children who have per-
manency plans; 
‘‘(B) a description of the permanency goals 
for such children; 
‘‘(C) the age of such children;
818
‘‘(D) the current placements and special 
needs of such children; and 
‘‘(E) the number of such children who 
have and the number of such children who have 
not yet been placed in accordance with those 
plans. 
‘‘(3) The activities the agency proposes, includ-
ing a specific plan and timetable, to—
‘‘(A) move the waiting children to perma-
nent homes; and
‘‘(B) reduce the backlog of waiting chil-
dren. 
‘‘(4) How the grant funds will be used 
to help secure permanent homes for wait-
ing children. 
‘‘(5) Subject to subsection (e), the in-
formation described in that subsection. 
‘‘(c) USE OF FUNDS.—Funds provided under a grant 
made under this section may be used for any purpose that 
the Secretary determines will assist the State agency to 
secure permanent homes for waiting children. 
‘‘(d) AVAILABILITY
OF FUNDS.—Funds awarded 
under a grant made under this section shall remain avail-
able for expenditure by a qualified State agency through 
the end of the second succeeding fiscal year.
819
‘‘(e) COORDINATION WITH GRANTS TO COURTS TO 
REDUCE BACKLOGS.—If a qualified State agency receiv-
ing a grant under this section is in a State where the State 
or local courts are recipients of grants pursuant to the 
Strengthening Abuse and Neglect Courts Act of 2000 to 
reduce pending backlogs of abuse and neglect cases and 
promote permanency, the application submitted under 
subsection (b) shall include a description of how the pro-
posed backlog reduction activities undertaken with funds 
provided under a grant under this section will be coordi-
nated with the activities undertaken by the State or local 
courts with funds provided under that Act. 
‘‘(f) PRIORITY
OF AWARDS.—In awarding grants 
under this section, the Secretary shall give priority to 
qualified State agencies that can demonstrate that they 
already have taken steps to move waiting children to per-
manent homes. 
‘‘(g) REPORT.—Not later than 60 days after the end 
of each fiscal year for which a qualified State agency ex-
pends funds under a grant made under this section, and 
90 days after the date of the final expenditure of such 
funds, the agency shall submit a report to the Secretary 
that includes any information that the Secretary deter-
mines would assist other jurisdictions in achieving the per-
821
(1) Domestic violence and sexual assault occur 
frequently in the United States. 1,500,000 women 
are raped or physically assaulted by an intimate 
partner annually in the United States, and 1 in 4 
women in the United States will experience domestic 
violence or sexual assault in her lifetime. 
(2) At least 3,300,000 children in the United 
States are exposed to parental violence every year. 
(3) Child abuse and domestic violence often 
occur within the same families. Because of this over-
lap, cross-training for child welfare workers, courts, 
law enforcement, prosecutors, and domestic violence 
and sexual assault victim service providers is essen-
tial. 
(4) Forty to 60 percent of men who abuse 
women also abuse children. 
(5) In 43 percent of households where intimate 
violence occurs, at least 1 child under the age of 12 
lives in the home. Domestic violence has been shown 
to occur disproportionately in homes with children 
under age 5. 
(6) In most States, more than 50 percent of the 
residents in battered women’s shelters are children.
822
(7) As many as 500,000 children may be en-
countered by police during domestic violence arrests 
each year. 
(8) Children who live in homes where domestic 
violence occurs are at a higher risk of anxiety and 
depression, and exhibit more aggressive, antisocial, 
inhibited, and fearful behaviors than other children. 
(9) Children’s experiences vary widely as the re-
sult of their exposure to domestic violence depending 
on their family situations, community environment, 
and the child’s own personality. Children need com-
prehensive services that serve the continuum of their 
individual needs. 
(10) Adolescents who have grown up in violent 
homes are at risk for recreating the abusive relation-
ships they have observed. Forty percent of violent 
juvenile offenders come from homes where there is 
domestic violence, and 50 percent of children who 
come before delinquency court have been exposed to 
violence in the home. 
(11) Men who as children witnessed their par-
ent’s domestic violence are twice as likely to abuse 
their own wives as are sons of nonviolent parents. 
One-third of women who are physically abused by a
823
husband or boyfriend grew up in a household where 
their mother was also abused. 
(12) The most successful strategies for dealing 
with the overlap between domestic violence and child 
abuse are those that provide for the safety of both 
the children and the nonabusing parent. 
(13) Recent studies show that battered women 
parent effectively and attend to their children’s 
needs. 
(14) In a major metropolitan area, 80 percent 
of surveyed battered women with children reported 
that they and their children were safe and together 
as a family after receiving domestic violence advo-
cacy services. In contrast, the rate of substantiated 
cases of sexual abuse in foster care is more than 4 
times higher than the rate in the general population. 
SEC. 8402. PURPOSE. 
The purpose of this subtitle is to—
(1) reduce the impact of domestic violence, sex-
ual assault, and stalking in the lives of youth and 
children; 
(2) provide appropriate services for children 
and youth experiencing or exposed to domestic vio-
lence, sexual assault, and stalking;
824
(3) develop and implement education programs 
to prevent children and youth from becoming victims 
or perpetrators of domestic violence, sexual assault, 
or stalking; 
(4) encourage cross training and collaboration 
among child welfare agencies, domestic violence and 
sexual assault service providers, courts, law enforce-
ment entities, health care professionals, crisis nurs-
eries, and other social services to recognize and re-
sponsibly address domestic violence and sexual as-
sault and the effects of domestic violence on children 
and youth; 
(5) promote the safety of children and youth by 
increasing the safety, autonomy, capacity, and finan-
cial security of the nonabusing parents who are also 
victims of domestic violence and sexual assault so 
that they may remain safely together, thereby pre-
venting the unnecessary and harmful removal of the 
child or youth from the nonabusing parent; and 
(6) ensure the effective handling of cases where 
domestic violence or sexual assault and child abuse 
and neglect intersect in such a way that—
(A) holds the adult perpetrator of violence 
accountable;
825
(B) assures the safety and well-being of 
both the child and the child’s nonabusing par-
ent; and 
(C) prevents the unnecessary and harmful 
removal of the child from the nonabusing par-
ent thereby increasing the child’s chance to 
heal. 
SEC. 8403. AMENDMENTS TO ACTS ADDRESSING THE 
NEEDS OF CHILDREN EXPOSED TO DOMES-
TIC VIOLENCE. 
(a) DEFINITIONS.—Section 309 of the Family Vio-
lence Prevention and Services Act (42 U.S.C. 10408) is 
amended by adding at the end the following: 
‘‘(7) The term ‘dating violence’ means violence 
committed by a person—
‘‘(A) who is or has been in a social rela-
tionship of a romantic or intimate nature with 
the victim; and 
‘‘(B) where the existence of such a rela-
tionship shall be determined based on a consid-
eration of—
‘‘(i) the length of the relationship; 
‘‘(ii) the type of relationship; and
826
‘‘(iii) the frequency of interaction be-
tween the persons involved in the relation-
ship. 
‘‘(8) The term ‘domestic violence’ includes acts 
or threats of violence, not including acts of self-de-
fense, committed by a current or former spouse of 
the victim, by a person with whom the victim shares 
a child in common, by a person who is cohabiting 
with or has cohabited with the victim, by a person 
who is or has been in a continuing social relationship 
of a romantic or intimate nature with the victim, by 
a person similarly situated to a spouse of the victim 
under the domestic or family violence laws of the ju-
risdiction, or by any other person against a victim 
who is protected from that person’s acts under the 
domestic or family violence laws of the jurisdiction. 
‘‘(9) The term ‘sexual assault’ means any con-
duct proscribed by chapter 109A of title 18, United 
States Code, whether or not the conduct occurs in 
the special maritime and territorial jurisdiction of 
the United States or in a Federal prison and in-
cludes both assaults committed by offenders who are 
strangers to the victim and assaults committed by 
offenders who are known to the victim or related by 
blood or marriage to the victim.
827
‘‘(10) The term ‘stalking’ means engaging in a 
course of conduct directed at a specific person that 
would cause a reasonable person to fear death, sex-
ual assault, or bodily injury to such person or a 
member of such person’s immediate family, when the 
person engaging in such conduct has knowledge or 
should have knowledge that the specific person will 
be placed in reasonable fear of death, sexual assault, 
or bodily injury to such person or a member of such 
person’s immediate family and when the conduct in-
duces fear in the specific person of death, sexual as-
sault, or bodily injury to such person or a member 
of such person’s immediate family.’’. 
(b) SERVICES FOR CHILDREN EXPOSED TO DOMES-
TIC VIOLENCE.—The Family Violence Prevention and 
Services Act (42 U.S.C. 10401 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 320. SERVICES FOR CHILDREN EXPOSED TO DOMES-
TIC VIOLENCE. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting 
through the Director of Community Services of the Ad-
ministration for Children and Families, may award com-
petitive grants to eligible entities to enable such entities 
to conduct programs to serve children who have been ex-
posed to domestic violence.
828
‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 
a grant under this section, an entity shall—
‘‘(1) 
meet 
the 
requirements 
of 
section 
303(a)(2)(A) or section 303(b)(1); and 
‘‘(2) have in place, and describe in its applica-
tion, policies and procedures that—
‘‘(A) enhance or ensure the safety and se-
curity of a battered parent or caregiver, and as 
a result, the child of the parent; and 
‘‘(B) ensure that all services are provided 
in a developmentally appropriate and culturally 
competent manner. 
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An entity that receives a 
grant under this section shall use amounts provided 
under the grant to design or replicate, and imple-
ment, programs and services using domestic violence 
intervention models to respond to the needs of chil-
dren who are exposed to domestic violence and 
whose parent or caregiver is a victim of domestic vi-
olence and who is receiving services from such enti-
ty. Such a program—
‘‘(A) shall be a new program or service, or 
new component of an existing program or serv-
ice not currently offered by the entity;
829
‘‘(B) shall provide direct counseling and 
advocacy for children who have been exposed to 
domestic violence; 
‘‘(C) may include early childhood and men-
tal health services; 
‘‘(D) may assist in legal advocacy efforts 
on behalf of children with respect to issues re-
lated directly to services the children are receiv-
ing from the program; 
‘‘(E) may include respite care, supervised 
visitation, and specialized services for children; 
and 
‘‘(F) may use not more than 25 percent of 
the grant funds to contract with others to pro-
vide additional services and resources for chil-
dren including child care, transportation, edu-
cational support, respite care, supervised visita-
tion, and access to specialized services for chil-
dren. 
‘‘(2) CONFIDENTIALITY.—Programs developed 
and implemented under paragraph (1) shall ensure 
the safety and confidentiality of child and adult vic-
tims in a manner that is consistent with applicable 
Federal and State laws.
830
‘‘(d) APPLICATION.—To be eligible to receive a grant 
under subsection (a), an entity shall prepare and submit 
to the Secretary an application at such time, in such man-
ner, and containing such information as the Secretary may 
require. 
‘‘(e) TERM AND AMOUNT.—
‘‘(1) TERM.—The Secretary shall make the 
grants under this section for a period of not more 
than 3 fiscal years. 
‘‘(2) AMOUNT.—Each grant awarded under this 
section shall be in an amount of not less than 
$50,000 per year and not more than $300,000 per 
year. 
‘‘(f) EVALUATION, MONITORING, ADMINISTRATION, 
AND TECHNICAL ASSISTANCE.—Of the amount appro-
priated under subsection (j) for each fiscal year, not more 
than 4 percent shall be used by the Secretary for evalua-
tion, monitoring, administrative, and technical assistance 
costs under this section. 
‘‘(g) 
EQUITABLE
DISTRIBUTION.—In 
awarding 
grants under subsection (a), the Secretary shall ensure an 
equitable geographic distribution to State, local, and tribal 
programs working in throughout the United States in 
rural, urban, and suburban areas.
831
‘‘(h) UNDERSERVED POPULATIONS.—In awarding 
grants under subsection (a), the Secretary shall—
‘‘(1) consider the needs of underserved popu-
lations as defined by section 2007(7) of part T of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968; and 
‘‘(2) from the amounts made available under 
subsection (j), award not less than 10 percent of 
such amounts for the funding of tribal programs as 
defined in section 303(b)(1). 
‘‘(i) ANNUAL REPORTS.—An entity receiving a grant 
under this section shall annually submit to the Secretary 
a report that describes, at a minimum—
‘‘(1) how the funds under the grant were used; 
‘‘(2) the extent to which underserved popu-
lations were reached; 
‘‘(3) the adequacy of staff training and agency 
services to ensure that children’s needs are ad-
dressed properly; 
‘‘(4) the adequacy of the physical arrangements 
for meeting children’s needs; and 
‘‘(5) the existence of continuing barriers the en-
tity faces to more fully addressing children’s needs. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—
832
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section, $15,000,000 
for each of fiscal years 2004 through 2008. 
‘‘(2) 
AVAILABILITY.—Funds 
appropriated 
under paragraph (1) shall remain available until ex-
pended.’’. 
(c) GRANTS TO COMBAT THE IMPACT OF EXPERI-
ENCING OR WITNESSING DOMESTIC VIOLENCE ON ELE-
MENTARY AND SECONDARY SCHOOL CHILDREN.—Sub-
part 2 of part A of title IV of the Elementary and Sec-
ondary Act of 1965 (20 U.S.C. 7131 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 4131. GRANTS TO COMBAT THE IMPACT OF EXPERI-
ENCING OR WITNESSING DOMESTIC VIO-
LENCE ON ELEMENTARY AND SECONDARY 
SCHOOL CHILDREN. 
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary is authorized 
to award grants and contracts to elementary schools 
and secondary schools that work with experts to en-
able the elementary schools and secondary schools—
‘‘(A) to provide training to school adminis-
trators, faculty, and staff, with respect to issues 
concerning children experiencing domestic vio-
lence in dating relationships and witnessing do-
833
mestic violence, and the impact of the violence 
described in this subparagraph on children; 
‘‘(B) to provide educational programming 
to students regarding domestic violence and the 
impact of experiencing or witnessing domestic 
violence on children; 
‘‘(C) to provide support services for stu-
dents and school personnel for the purpose of 
developing and strengthening effective preven-
tion and intervention strategies with respect to 
issues concerning children experiencing domes-
tic violence in dating relationships and wit-
nessing domestic violence, and the impact of the 
violence described in this subparagraph on chil-
dren; and 
‘‘(D) to develop and implement school sys-
tem policies regarding appropriate, safe re-
sponses identification and referral procedures 
for students who are experiencing or witnessing 
domestic violence. 
‘‘(2) AWARD BASIS.—The Secretary shall award 
grants and contracts under this section—
‘‘(A) on a competitive basis; and 
‘‘(B) in a manner that ensures that such 
grants and contracts are equitably distributed
834
throughout a State among elementary schools 
and secondary schools located in rural, urban, 
and suburban areas in the State. 
‘‘(3) POLICY
DISSEMINATION.—The Secretary 
shall disseminate to elementary schools and sec-
ondary schools any Department of Education policy 
guidance regarding the prevention of domestic vio-
lence and the impact of experiencing or witnessing 
domestic violence on children. 
‘‘(b) USES OF FUNDS.—Funds provided under this 
section may be used for the following purposes: 
‘‘(1) To provide training for elementary school 
and secondary school administrators, faculty, and 
staff that addresses issues concerning elementary 
school and secondary school students who experience 
domestic violence in dating relationships or witness 
domestic violence, and the impact of such violence on 
the students. 
‘‘(2) To provide education programs for elemen-
tary school and secondary school students that are 
developmentally appropriate for the students’ grade 
levels and are designed to meet any unique cultural
and language needs of the particular student popu-
lations.
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‘‘(3) To develop and implement elementary 
school and secondary school system policies regard-
ing appropriate, safe responses identification and re-
ferral procedures for students who are experiencing 
or witnessing domestic violence. 
‘‘(4) To provide the necessary human resources 
to respond to the needs of elementary school and 
secondary school students and personnel who are 
faced with the issue of domestic violence, such as a 
resource person who is either on-site or on-call, and 
who is an expert. 
‘‘(5) To provide media center materials and 
educational materials to elementary schools and sec-
ondary schools that address issues concerning chil-
dren who experience domestic violence in dating rela-
tionships and witness domestic violence, and the im-
pact of the violence described in this paragraph on 
the children. 
‘‘(6) To conduct evaluations to assess the im-
pact of programs and policies assisted under this 
section in order to enhance the development of the 
programs. 
‘‘(c) CONFIDENTIALITY.—Policies, programs, train-
ing materials, and evaluations developed and implemented 
under subsection (b) shall address issues of safety and
836
confidentiality for the victim and the victim’s family in a 
manner consistent with applicable Federal and State laws. 
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to be award-
ed a grant or contract under this section for any fis-
cal year, an elementary school or secondary school, 
in consultation with an expert, shall submit an appli-
cation to the Secretary at such time and in such 
manner as the Secretary shall prescribe. 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall—
‘‘(A) describe the need for funds provided 
under the grant or contract and the plan for 
implementation of any of the activities de-
scribed in subsection (b); 
‘‘(B) describe how the experts shall work 
in consultation and collaboration with the ele-
mentary school or secondary school; and 
‘‘(C) provide measurable goals for and ex-
pected results from the use of the funds pro-
vided under the grant or contract.’’. 
(d) GRANTS FOR TRAINING AND COLLABORATION 
AMONG CHILD WELFARE AGENCIES, DOMESTIC VIO-
LENCE AND SEXUAL ASSAULT SERVICE PROVIDERS, THE 
COURTS, AND
LAW
ENFORCEMENT
AGENCIES.—The
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Family Violence Prevention and Services Act (42 U.S.C. 
10401 et seq.), as amended by subsection (b), is further 
amended by adding at the end the following: 
‘‘SEC. 321. GRANTS FOR TRAINING AND COLLABORATION 
AMONG CHILD WELFARE AGENCIES, DOMES-
TIC VIOLENCE AND SEXUAL ASSAULT SERV-
ICE PROVIDERS, THE COURTS, AND LAW EN-
FORCEMENT AGENCIES. 
‘‘(a) PURPOSE.—It is the purpose of this section to—
‘‘(1) encourage cross training and collaboration 
between child welfare agencies and domestic violence 
and sexual assault service providers and, where ap-
plicable, the courts and law enforcement agencies to 
identify, assess, and respond appropriately to domes-
tic violence or sexual assault in homes where chil-
dren are present and may be exposed to the violence, 
to domestic violence or sexual assault in child pro-
tection cases, and to the needs of both child and 
adult victims of domestic violence and sexual as-
sault; 
‘‘(2) establish and implement policies, proce-
dures, and practices in child welfare agencies, do-
mestic violence or sexual assault service programs 
and, where applicable, juvenile, family or other trial 
courts with jurisdiction over child maltreatment and
838
domestic violence cases (referred to in this section as 
the ‘courts’), and law enforcement agencies that are 
consistent with the principles of—
‘‘(A) protecting children; 
‘‘(B) increasing the safety and well-being 
of children, by—
‘‘(i) tending to their immediate and 
longer term needs for treatment and sup-
port; 
‘‘(ii) increasing the safety of parents 
of children who are not the perpetrators of 
domestic violence and sexual assault (re-
ferred to in this section as the ‘nonabusing 
parent’); 
‘‘(iii) supporting the autonomy, capac-
ity, and financial security of the non-
abusing parents of children who are also 
the victims of domestic violence or sexual 
assault (referred to in this section as ‘adult 
victims’); 
‘‘(iv) protecting the safety, security 
and well being of the child by preventing 
the unnecessary removal of the child from 
the nonabusing parent; and
839
‘‘(v) in cases where removal of the 
child is necessary to protect the child’s 
safety, taking the necessary steps to pro-
vide appropriate services to the child and 
the nonabusing parent to promote the safe 
and appropriately prompt reunification of 
the child with the nonabusing parent; 
‘‘(C) recognizing—
‘‘(i) the relationship between child 
abuse and neglect, including child sexual 
abuse, and domestic violence and sexual 
assault in families; 
‘‘(ii) the impact of the perpetrator’s 
behavior on child and adult victims of do-
mestic violence and sexual assault; 
‘‘(iii) the dangers posed to both child 
and adult victims of domestic violence and 
sexual assault; 
‘‘(iv) the physical, emotional, and de-
velopmental impact of domestic violence
and sexual assault on child and adult vic-
tims; 
‘‘(v) the physical, emotional, and fi-
nancial needs of adult victims of domestic 
violence and sexual assault; and