I 
114TH CONGRESS 
1ST SESSION H. R. 3060 
To require certain standards and enforcement provisions to prevent child 
abuse and neglect in residential programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2015 
Mr. SCHIFF (for himself, Ms. ROS-LEHTINEN, Mrs. NAPOLITANO, Ms. LEE, 
Mr. TAKANO, Mr. GRIJALVA, Ms. MOORE, Mr. TONKO, Mr. HINOJOSA, 
Mr. DESAULNIER, Mr. QUIGLEY, Mr. MCDERMOTT, and Mr. TED LIEU 
of California) introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To require certain standards and enforcement provisions to 
prevent child abuse and neglect in residential programs, 
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 ‘‘Stop Child Abuse in 
Residential Programs for Teens Act of 2015’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(2) CHILD.—The term ‘‘child’’ means an indi-
vidual who has not attained the age of 18. 
(3) CHILD ABUSE AND NEGLECT.—The term 
‘‘child abuse and neglect’’ has the meaning given 
such term in section 3 of the Child Abuse Preven-
tion and Treatment Act (42 U.S.C. 5101 note). 
(4) COVERED PROGRAM.— 
(A) IN GENERAL.—The term ‘‘covered pro-
gram’’ means each facility of a program oper-
ated by a public or private entity that, with re-
spect to one or more children who are unrelated 
to the owner or operator of the program, pur-
ports to provide treatment or modify behaviors 
in a residential environment, such as— 
(i) a program with a wilderness or 
outdoor experience, expedition, or interven-
tion; 
(ii) a boot camp experience or other 
experience designed to simulate character-
istics of basic military training or correc-
tional regimes; 
(iii) a therapeutic boarding school; or 
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(iv) a behavioral modification pro-
gram. 
(B) EXCLUSION.—The term ‘‘covered pro-
gram’’ does not include— 
(i) a hospital licensed by the State; or 
(ii) a foster family home that provides 
24-hour substitute care for children placed 
away from their parents or guardians and 
for whom the State child welfare services 
agency has placement and care responsi-
bility and that is licensed and regulated by 
the State as a foster family home. 
(5) MECHANICAL RESTRAINT.—The term ‘‘me-
chanical restraint’’ has the meaning given the term 
in section 595(d)(1) of the Public Health Service 
Act (42 U.S.C. 290jj(d)(1)). 
(6) PHYSICAL RESTRAINT.—The term ‘‘physical 
restraint’’ means a personal restriction that immo-
bilizes or reduces the ability of an individual to move 
the individual’s arms, legs, torso, or head freely, ex-
cept that such term does not include voluntary phys-
ical escort (as such term is defined in section 
595(d)(2) of the Public Health Service Act (42 
U.S.C. 290jj(d)(2))). 
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(7) PROTECTION AND ADVOCACY SYSTEM.—The 
term ‘‘protection and advocacy system’’ means a sys-
tem established by a State under section 143 of the 
Developmental Disabilities Assistance and Bill of 
Rights Act of 2000 (42 U.S.C. 15043). 
(8) SECLUSION.—The term ‘‘seclusion’’ means 
the involuntary confinement of a child alone in a 
room or area from which the child is physically pre-
vented from leaving. 
(9) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Child Abuse 
Prevention and Treatment Act (42 U.S.C. 5101 
note). 
SEC. 3. STANDARDS AND ENFORCEMENT. 
(a) MINIMUM STANDARDS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall require each covered program, in order 
to provide for the basic health and safety of children 
at such a program, to meet the following minimum 
standards: 
(A) PROHIBITION ON CHILD ABUSE AND 
NEGLECT.—Child abuse and neglect shall be 
prohibited. 
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(B) PROHIBITION ON CERTAIN DISCIPLI-
NARY TECHNIQUES.—Disciplinary techniques or 
other practices that involve the withholding of 
essential food, water, clothing, shelter, or med-
ical care necessary to maintain physical health, 
mental health, and general safety, shall be pro-
hibited. 
(C) PROHIBITION ON PHYSICAL OR MEN-
TAL ABUSE.—Acts of physical or mental abuse 
designed to humiliate, degrade, or undermine a 
child’s self-respect shall be prohibited. 
(D) LIMITATION ON RESTRAINTS AND SE-
CLUSION.— 
(i) The use of seclusion, mechanical 
restraints, and physical restraints that im-
pair breathing or communication is prohib-
ited. 
(ii) Physical restraints other than the 
restraints described in clause (i) may be 
used (if not contraindicated) only in emer-
gency situations in which a child presents 
an imminent danger of harm to self or oth-
ers and only after less restrictive interven-
tions have been determined to be ineffec-
tive. 
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(E) ACCESS TO COMMUNICATIONS.—Each 
child at such a program shall have reasonable 
access to a telephone, and be informed of their 
right to such access to maintain frequent con-
tact, including making and receiving scheduled 
and unscheduled calls, unrestricted written cor-
respondence, and electronic communications 
with as much privacy as possible, and shall 
have access to existing and appropriate na-
tional, State, and local child abuse reporting 
hotline numbers. 
(F) STAFF-TO-CHILD
RATIO.—An appro-
priate ratio of medical, clinical, and line staff to 
children, as determined by the Secretary, to en-
sure child safety and the efficacy of treatment. 
(G) SENIOR MANAGEMENT.—Not less than 
one full-time licensed clinician or mental health 
practitioner, as defined by State law, shall be 
employed as a senior manager of such a pro-
gram. 
(H) LICENSED CLINICIAN.—Not less than 
one licensed clinician, as defined by State law, 
shall be present at all times at such a program. 
(I) PROGRAM
POLICIES.—Policies to re-
quire— 
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(i) parents or legal guardians of a 
child attending such a program to notify, 
in writing, such program of any medication 
the child is taking; 
(ii) a licensed full-time clinician— 
(I) to obtain consent from the 
parents or legal guardians of the child 
to make any change to the child’s 
medical treatment, except in the case 
of an emergency; 
(II) in the case of an emergency, 
to notify the parents or guardians 
within 24 hours after any change to 
the child’s medical treatment and the 
reason for such change; and 
(III) to notify the parents or 
guardians within 24 hours after any 
changes to the child’s prescribed 
medication or any missed dosage of 
prescribed medication, and the reason 
for such change or occurrence; and 
(iii) the covered program to notify 
parents or legal guardians of a child of any 
changes to their treating provider team 
within 48 hours. 
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(J) NOTIFICATION
PROCEDURES.—Proce-
dures for notifying immediately, to the max-
imum extent practicable, but not later than 
within 6 hours, parents or legal guardians with 
children at such a program and the appropriate 
protection and advocacy system of any— 
(i) on-site investigation of a report of 
child abuse and neglect; 
(ii) violation of the health and safety 
standards described in this paragraph; and 
(iii) violation of State licensing re-
quirements. 
(K) STAFF DISCLOSURES.—Full disclosure, 
in writing, of staff qualifications and their roles 
and responsibilities at such a program, includ-
ing any medical, emergency response, and men-
tal health training received by such staff, shall 
be given to parents or legal guardians of chil-
dren at such a program. 
(L) DISCLOSURE OF RIGHT OF ACTION.— 
Full disclosure, in writing, of the private right 
of action established under subsection (b)(3) of 
this Act, shall be given to parents or legal 
guardians of children at such a program. 
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(M) CHILD ABUSE RESPONSE TRAINING.— 
Each staff member, including volunteers, at 
such a program shall be required, as a condi-
tion of employment, to become trained in what 
constitutes child abuse and neglect, State law 
relating to mandated reporters, and procedures 
for reporting child abuse and neglect in the 
State in which such a program is located, and 
information on existing and appropriate na-
tional, State, and local child abuse reporting 
hotline numbers. 
(N) MEDICAL RESPONSE TRAINING.—Each 
staff member, including volunteers, at such a 
program shall be required, as a condition of em-
ployment, to become trained in recognizing the 
signs, symptoms, and appropriate responses as-
sociated with common medical emergencies and 
mental health crisis, including suicide and wors-
ening symptoms of mental illness. 
(O) CRIMINAL HISTORY CHECK.— 
(i) Each staff member, including vol-
unteers, shall be required, as a condition of 
employment, to submit to a criminal his-
tory check, including a name-based search 
of the National Sex Offender Registry es-
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tablished pursuant to the Adam Walsh 
Child Protection and Safety Act of 2006 
(42 U.S.C. 16901 et seq.), a search of the 
State criminal registry or repository in the 
State in which the covered program is op-
erating, and a Federal Bureau of Inves-
tigation fingerprint check. An individual 
shall be ineligible to serve in a position 
with any contact with children at a covered 
program if any such record check reveals a 
violent felony conviction that, by virtue of 
its nature, proximity in time, or other fac-
tor, presents a direct increase to a child’s 
risk of harm in the program as determined 
by the Secretary. 
(ii) The covered program shall provide 
an independent process by which an appli-
cant or staff member who is determined to 
be ineligible as a result of a criminal his-
tory check under clause (i) shall have the 
right— 
(I) to obtain a copy of the report 
resulting from the check; and 
(II) within 10 business days after 
receipt of the report, to appeal, in 
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order to dispute the accuracy of the 
information 
obtained 
through 
the 
check. 
(P) 
INFORMATIONAL
MATERIALS.—Full 
disclosure, in writing on promotional and infor-
mational materials produced by such a pro-
gram, shall be given to parents or legal guard-
ians of children at such a program, which shall 
include— 
(i) the name and location of a covered 
program, including the names of any own-
ers and operators; 
(ii) the numbers and percentages of 
children who terminated participation prior 
to completion of that program in the past 
5 years, including discharges against med-
ical advice; 
(iii) any past violations of the stand-
ards under section 3(a)(1) and any pen-
alties levied against the program as a re-
sult of such violations; 
(iv) its most updated status with 
State licensing requirements; 
(v) the number of deaths that oc-
curred in that program for up to a period 
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of 10 years, including the cause of each 
death; 
(vi) the names of owners and opera-
tors that have violated State licensing re-
quirements; 
(vii) information on evidence-based or 
promising practices employed as treatment 
of a covered program, including informa-
tion to aid parents in finding community- 
based resources; and 
(viii) any national, State, and local 
telephone hotline numbers made available 
to children and staff to report complaints 
of abuse and violations. 
(Q) 
TREATMENT
AND
DISCHARGE 
PLANS.—Covered programs shall work with the 
parent or legal guardian and the child’s com-
munity providers in the development, modifica-
tion, and implementation of treatment and dis-
charge plans, including a plan for community 
reintegration and linkage to community-based 
providers and supports. 
(R) PROHIBITION ON DISCRIMINATION.— 
Ensure that no person shall, on the basis of ac-
tual or perceived race, color, religion, national 
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origin, sex, gender identity, sexual orientation, 
or disability, be subjected to discrimination 
under any program or activity, in whole or in 
part, covered by this Act. 
(S) EVIDENCE-BASED
PRACTICES.—En-
sure that covered programs employ safe, evi-
dence-based practices, and that children are 
protected against harmful or fraudulent prac-
tices including isolation and restraints. 
(T) 
OTHER
STANDARDS.—Any 
other 
standards the Secretary determines appropriate 
to provide for the basic health and safety of 
children at such a program. 
(2) REGULATIONS.— 
(A) INTERIM
REGULATIONS.—Not later 
than 180 days after the date of enactment of 
this Act, the Secretary shall promulgate and en-
force interim regulations to carry out paragraph 
(1). 
(B) PUBLIC
COMMENT.—The Secretary 
shall, for a 90-day period beginning on the date 
of the promulgation of interim regulations 
under subparagraph (A) of this paragraph, so-
licit and accept public comment concerning such 
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regulations. Such public comment shall be sub-
mitted in written form. 
(C) FINAL REGULATIONS.—Not later than 
90 days after the conclusion of the 90-day pe-
riod referred to in subparagraph (B) of this 
paragraph, the Secretary shall promulgate and 
enforce final regulations to carry out paragraph 
(1). 
(b) MONITORING AND ENFORCEMENT.— 
(1) REVIEW
PROCESS.—Not later than 180 
days after the date of enactment of this Act, the 
Secretary shall implement a review process for over-
seeing, investigating, and evaluating reports of child 
abuse and neglect at covered programs received by 
the Secretary from the appropriate State, in accord-
ance with section 114(b)(3) of the Child Abuse Pre-
vention and Treatment Act, as added by section 7 
of this Act. Such review process shall— 
(A) include an investigation to determine if 
a violation of the standards required under sub-
section (a)(1) has occurred; and 
(B) include consultation and collaboration 
with relevant Federal and State agencies. 
(2) CIVIL
PENALTIES.—Not later than 180 
days after the date of enactment of this Act, the 
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Secretary shall promulgate regulations establishing 
civil penalties for violations of the standards re-
quired under subsection (a)(1). The regulations es-
tablishing such penalties shall incorporate the fol-
lowing: 
(A) AMOUNT.—Any owner or operator of a 
covered program at which the Secretary has 
found a violation of the standards required 
under subsection (a)(1) may be assessed a civil 
penalty not to exceed $50,000 per violation. 
(B) DEPOSIT TO TREASURY.—All penalties 
collected under this subsection shall be depos-
ited in the appropriate account of the Treasury 
of the United States. 
(3) PRIVATE RIGHT OF ACTION.—Any person 
who suffers injury by reason of a violation of this 
section may maintain a civil action against the viola-
tor to obtain appropriate compensatory damages and 
injunctive relief or other equitable relief. 
(c) ACTION.—The Secretary shall establish a process 
to assist States in the oversight and enforcement of this 
Act, which shall include— 
(1) assisting States in implementing oversight 
mechanisms to ensure compliance with the standards 
under subsection (a)(1); 
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(2) maintaining oversight of covered programs 
in cases in which a State has not established mecha-
nisms sufficient to ensure compliance with the 
standards under subsection (a)(1) within 3 years 
after the date of the enactment of this Act; and 
(3) encouraging the use of local, State, or na-
tional hotline numbers for the reporting of child 
abuse and any other resources the Secretary deter-
mines to be appropriate. 
SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL. 
If the Secretary determines that a violation of section 
(3)(a)(1) has not been remedied through the enforcement 
process described in subsection (b)(2) of such section, the 
Secretary shall refer such violation to the Attorney Gen-
eral for appropriate action. Regardless of whether such a 
referral has been made, the Attorney General may, sua 
sponte, file a complaint in any court of competent jurisdic-
tion seeking equitable relief or any other relief authorized 
by this Act for such violation. 
SEC. 5. REPORT. 
Not later than 1 year after the date of enactment 
of this Act and annually thereafter, the Secretary of 
Health and Human Services, in coordination with the At-
torney General shall submit to the Committee on Edu-
cation and Labor of the House of Representatives and the 
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Committee on Health, Education, Labor, and Pensions of 
the Senate, a report on the activities carried out by the 
Secretary and the Attorney General, as authorized and 
mandated under this Act. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary of Health and Human Services $5,000,000 for each 
of fiscal years 2016 through 2020 to carry out this Act 
(excluding the amendment made by section 7 of this Act). 
SEC. 7. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 
GRANTS TO STATES TO PREVENT CHILD 
ABUSE AND NEGLECT AT RESIDENTIAL PRO-
GRAMS. 
(a) IN GENERAL.—Title I of the Child Abuse Preven-
tion and Treatment Act (42 U.S.C. 5101 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR 
GRANTS TO STATES TO PREVENT CHILD 
ABUSE AND NEGLECT AT RESIDENTIAL PRO-
GRAMS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHILD.—The term ‘child’ means an indi-
vidual who has not attained the age of 18. 
‘‘(2) COVERED PROGRAM.— 
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‘‘(A) IN
GENERAL.—The term ‘covered 
program’ means each facility of a program op-
erated by a public or private entity that, with 
respect to one or more children who are unre-
lated to the owner or operator of the program, 
purports to provide treatment or modify behav-
iors in a residential environment, such as— 
‘‘(i) a program with a wilderness or 
outdoor experience, expedition, or interven-
tion; 
‘‘(ii) a boot camp experience or other 
experience designed to simulate character-
istics of basic military training or correc-
tional regimes; 
‘‘(iii) a therapeutic boarding school; or 
‘‘(iv) a behavioral modification pro-
gram. 
‘‘(B) EXCLUSION.—The term ‘covered pro-
gram’ does not include— 
‘‘(i) a hospital licensed by the State; 
or 
‘‘(ii) a foster family home that pro-
vides 24-hour substitute care for children 
placed away from their parents or guard-
ians and for whom the State child welfare 
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