HR 911 RFS 
‘‘(B) the provision of essential food, water, 
clothing, shelter, and medical care necessary to 
maintain physical health, mental health, and 
general safety of children at such programs; 
‘‘(C) policies for emergency medical care 
preparedness and response, including minimum 
staff training and qualifications for such re-
sponses; and 
‘‘(D) notification to appropriate staff at 
covered programs if their position of employ-
ment meets the definition of mandated reporter, 
as defined by the State; 
‘‘(2) develop policies and procedures to monitor 
and enforce compliance with the licensing require-
ments developed in accordance with paragraph (1), 
including— 
‘‘(A) designating an agency to be respon-
sible, in collaboration and consultation with 
State agencies providing human services (in-
cluding child protective services, and services to 
children with emotional, psychological, develop-
mental, or behavioral dysfunctions, impair-
ments, disorders, or alcohol or substance 
abuse), State law enforcement officials, the ap-
propriate protection and advocacy system, and 
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courts of competent jurisdiction, for monitoring 
and enforcing such compliance; 
‘‘(B) establishing a State licensing applica-
tion process through which any individual seek-
ing to operate a covered program would be re-
quired to disclose all previous substantiated re-
ports of child abuse and neglect and all child 
deaths at any businesses previously or currently 
owned or operated by such individual, except 
that substantiated reports of child abuse and 
neglect may remain confidential and all reports 
shall not contain any personally identifiable in-
formation relating to the identity of individuals 
who were the victims of such child abuse and 
neglect; 
‘‘(C) conducting unannounced site inspec-
tions not less often than once every two years 
at each location of a covered program; 
‘‘(D) creating a non-public database, to be 
integrated with the annual State data reports 
required under section 106(d), of reports of 
child abuse and neglect at covered programs op-
erating in the State, except that such reports 
shall not contain any personally identifiable in-
formation relating to the identity of individuals 
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HR 911 RFS 
who were the victims of such child abuse and 
neglect; and 
‘‘(E) implementing a policy of graduated 
sanctions, including fines and suspension and 
revocation of licences, against covered programs 
operating in the State that are out of compli-
ance with such health and safety licensing re-
quirements; 
‘‘(3) if the State is not yet satisfying the re-
quirements of this subsection, in accordance with a 
determination made pursuant to subsection (c), de-
velop policies and procedures for notifying the Sec-
retary and the appropriate protection and advocacy 
system of any report of child abuse and neglect at 
a covered program operating in the State not later 
than 30 days after the appropriate State entity, or 
subdivision thereof, determines such report should 
be investigated and not later than 48 hours in the 
event of a fatality; 
‘‘(4) if the Secretary determines that the State 
is satisfying the requirements of this subsection, in 
accordance with a determination made pursuant to 
subsection (c), develop policies and procedures for 
notifying the Secretary if— 
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‘‘(A) the State determines there is evidence 
of a pattern of violations of the standards re-
quired under paragraph (1) at a covered pro-
gram operating in the State or by an owner or 
operator of such a program; or 
‘‘(B) there is a child fatality at a covered 
program operating in the State; 
‘‘(5) develop policies and procedures for estab-
lishing and maintaining a publicly available database 
of all covered programs operating in the State, in-
cluding the name and each location of each such 
program and the name of the owner and operator of 
each such program, information on reports of sub-
stantiated child abuse and neglect at such programs 
(except that such reports shall not contain any per-
sonally identifiable information relating to the iden-
tity of individuals who were the victims of such child 
abuse and neglect and that such database shall in-
clude and provide the definition of ‘substantiated’ 
used in compiling the data in cases that have not 
been finally adjudicated), violations of standards re-
quired under paragraph (1), and all penalties levied 
against such programs; 
‘‘(6) annually submit to the Secretary a report 
that includes— 
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‘‘(A) the name and each location of all cov-
ered programs, including the names of the own-
ers and operators of such programs, operating 
in the State, and any violations of State licens-
ing requirements developed pursuant to sub-
section (b)(1); and 
‘‘(B) a description of State activities to 
monitor and enforce such State licensing re-
quirements, including the names of owners and 
operators of each covered program that under-
went a site inspection by the State, and a sum-
mary of the results and any actions taken; and 
‘‘(7) if the Secretary determines that the State 
is satisfying the requirements of this subsection, in 
accordance with a determination made pursuant to 
subsection (c), develop policies and procedures to re-
port to the appropriate protection and advocacy sys-
tem any case of the death of an individual under the 
control or supervision of a covered program not later 
than 48 hours after the State is informed of such 
death. 
‘‘(c) SECRETARIAL DETERMINATION.—The Secretary 
shall not determine that a State’s licensing requirements, 
monitoring, and enforcement of covered programs oper-
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HR 911 RFS 
ating in the State satisfy the requirements of this sub-
section (b) unless— 
‘‘(1) the State implements licensing require-
ments for such covered programs that meet or ex-
ceed the standards required under subsection (b)(1); 
‘‘(2) the State designates an agency to be re-
sponsible for monitoring and enforcing compliance 
with such licensing requirements; 
‘‘(3) the State conducts unannounced site in-
spections of each location of such covered programs 
not less often than once every two years; 
‘‘(4) the State creates a non-public database of 
such covered programs, to include information on re-
ports of child abuse and neglect at such programs 
(except that such reports shall not contain any per-
sonally identifiable information relating to the iden-
tity of individuals who were the victims of such child 
abuse and neglect); 
‘‘(5) the State implements a policy of graduated 
sanctions, including fines and suspension and rev-
ocation of licenses against such covered programs 
that are out of compliance with the health and safe-
ty licensing requirements under subsection (b)(1); 
and 
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‘‘(6) after a review of assessments conducted 
under section 3(b)(2)(B) of the Stop Child Abuse in 
Residential Programs for Teens Act of 2009, the 
Secretary determines the State is appropriately in-
vestigating and responding to allegations of child 
abuse and neglect at such covered programs. 
‘‘(d) OVERSIGHT.— 
‘‘(1) IN GENERAL.—Beginning two years after 
the date of the enactment of the Stop Child Abuse 
in Residential Programs for Teens Act of 2009, the 
Secretary shall implement a process for continued 
monitoring of each State that is determined to be 
satisfying the licensing, monitoring, and enforcement 
requirements of subsection (b), in accordance with a 
determination made pursuant to subsection (c), with 
respect to the performance of each such State re-
garding— 
‘‘(A) preventing child abuse and neglect at 
covered programs operating in each such State; 
and 
‘‘(B) enforcing the licensing standards de-
scribed in subsection (b)(1). 
‘‘(2) EVALUATIONS.—The process required 
under paragraph (1) shall include in each State, at 
a minimum— 
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HR 911 RFS 
under section 3(a) of the Stop Child Abuse in 
Residential Programs for Teens Act of 2009. 
‘‘(3) ENFORCEMENT.—If the Secretary deter-
mines, pursuant to an evaluation under this sub-
section, that a State is not adequately implementing, 
monitoring, and enforcing the licensing requirements 
of subsection (b)(1), the Secretary shall require, for 
a period of not less than one year, that— 
‘‘(A) the State shall inform the Secretary 
of each instance there is a report to be inves-
tigated of child abuse and neglect at a covered 
program operating in the State; and 
‘‘(B) the Secretary and the appropriate 
local agency shall jointly investigate such re-
port.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
112(a)(1) of the Child Abuse Prevention and Treatment 
Act (42 U.S.C. 5106h(a)(1)) is amended by inserting be-
fore the period at the end the following: ‘‘, and 
$235,000,000 for each of fiscal years 2010 through 
2014’’. 
(c) CONFORMING AMENDMENTS.— 
(1) 
COORDINATION
WITH
AVAILABLE
RE-
SOURCES.—Section 103(c)(1)(D) of the Child Abuse 
Prevention 
and 
Treatment 
Act 
(42 
U.S.C. 
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5104(c)(1)(D)) is amended by inserting after ‘‘spe-
cific’’ the following: ‘‘(including reports of child 
abuse and neglect occurring at covered programs 
(except that such reports shall not contain any per-
sonally identifiable information relating to the iden-
tity of individuals who were the victims of such child 
abuse and neglect), as such term is defined in sec-
tion 114)’’. 
(2) 
FURTHER
REQUIREMENT.—Section 
106(b)(1) of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106a(b)(1)) is amended by 
adding at the end the following new subparagraph: 
‘‘(C) FURTHER REQUIREMENT.—To be eli-
gible to receive a grant under this section, a 
State shall comply with the requirements under 
section 114(b) and shall include in the State 
plan submitted pursuant to subparagraph (A) a 
description of the activities the State will carry 
out to comply with the requirements under such 
section 114(b).’’. 
(3) ANNUAL
STATE
DATA
REPORTS.—Section 
106(d) of the Child Abuse Prevention and Treat-
ment Act (42 U.S.C. 5106a(d)) is amended— 
(A) in paragraph (1), by inserting before 
the period at the end the following: ‘‘(including 
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reports of child abuse and neglect occurring at 
covered programs (except that such reports 
shall not contain any personally identifiable in-
formation relating to the identity of individuals 
who were the victims of such child abuse and 
neglect), as such term is defined in section 
114)’’; and 
(B) in paragraph (6), by inserting before 
the period at the end the following: ‘‘or who 
were in the care of a covered program, as such 
term is defined in section 114’’. 
(d) CLERICAL AMENDMENT.—Section 1(b) of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 
5101 note) is amended by inserting after the item relating 
to section 113 the following new item: 
‘‘Sec. 114. Additional eligibility requirements for grants to States to prevent 
child abuse and neglect at residential programs.’’. 
SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED 
PROGRAMS. 
(a) STUDY.—The Secretary of Health and Human 
Services shall conduct a study, in consultation with rel-
evant agencies and experts, to examine the outcomes for 
children in both private and public covered programs 
under this Act encompassing a broad representation of 
treatment facilities and geographic regions. 
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(b) REPORT.—The Secretary shall submit to the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate a report that contains 
the results of the study conducted under subsection (a). 
Passed the House of Representatives February 23, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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