IB 
Union Calendar No. 421 
110TH CONGRESS 
2D SESSION 
H. R. 5876 
[Report No. 110–669] 
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 
APRIL 23, 2008 
Mr. GEORGE MILLER of California (for himself, Mrs. MCCARTHY of New 
York, Mr. PAYNE, Mr. HARE, Mr. HINOJOSA, Mr. SCOTT of Virginia, Mr. 
GRIJALVA, Mr. DAVIS of Illinois, Mr. KILDEE, Ms. WOOLSEY, and Mr. 
KUCINICH) introduced the following bill; which was referred to the Com-
mittee on Education and Labor 
MAY 22, 2008 
Additional sponsors: Mr. LEWIS of Georgia, Mr. COHEN, Mr. SESTAK, Mr. 
MCDERMOTT, Ms. HIRONO, Ms. DELAURO, Mr. HOLT, and Mr. YARMUTH 
MAY 22, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 23, 2008] 
A BILL 
To require certain standards and enforcement provisions to 
prevent child abuse and neglect in residential programs, 
and for other purposes. 
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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 2008’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary for 
Children and Families of the Department 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 111 of the Child Abuse Prevention 
and Treatment Act (42 U.S.C. 5106g). 
(4) COVERED PROGRAM.— 
(A) IN GENERAL.—The term ‘‘covered pro-
gram’’ means each location of a program not op-
erated by a governmental entity that, with re-
spect to one or more children who are unrelated 
to the owner or operator of the program— 
(i) provides a residential environment, 
such as— 
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(I) a program with a wilderness 
or outdoor experience, expedition, or 
intervention; 
(II) a boot camp experience or 
other experience designed to simulate 
characteristics of basic military train-
ing or correctional regimes; 
(III) 
a 
therapeutic 
boarding 
school; or 
(IV) a behavioral modification 
program; and 
(ii) operates with a focus on serving 
children with— 
(I) emotional, behavioral, or men-
tal health problems or disorders; or 
(II) problems with alcohol or sub-
stance abuse. 
(B) EXCLUSION.—The term ‘‘covered pro-
gram’’ does not include— 
(i) a hospital licensed by the State; 
(ii) a foster family home or group 
home that provides 24-hour substitute care 
for children place away from their parents 
or guardians and for whom the State child 
welfare services agency has placement and 
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care responsibility and that is licensed and 
regulated by the State as a foster family 
home or group home; or 
(iii) a psychiatric residential treat-
ment facility that is certified as meeting the 
requirements specified in regulations pro-
mulgated for such facilities under section 
1905(h)(1)(A) of the Social Security Act 
and that provides psychiatric services for 
which medical assistance is available under 
a State plan under title XIX of such Act. 
(5) PROTECTION AND ADVOCACY SYSTEM.—The 
term ‘‘protection and advocacy system’’ means a pro-
tection and advocacy system established under section 
143 of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 (42 U.S.C. 15043). 
(6) STATE.—The term ‘‘State’’ has the meaning 
given such term in section 111 of the Child Abuse 
Prevention and Treatment Act. 
SEC. 3. STANDARDS AND ENFORCEMENT. 
(a) MINIMUM STANDARDS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Assistant 
Secretary for Children and Families of the Depart-
ment of Health and Human Services shall require 
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each location of a covered program that individually 
or together with other locations has an effect on inter-
state commerce, in order to provide for the basic 
health and safety of children at such a program, to 
meet the following minimum standards: 
(A) Child abuse and neglect shall be prohib-
ited. 
(B) Disciplinary techniques or other prac-
tices that involve the withholding of essential 
food, water, clothing, shelter, or medical care 
necessary to maintain physical health, mental 
health, and general safety, shall be prohibited. 
(C) The protection and promotion of the 
right of each child at such a program to be free 
from physical and mechanical restraints and se-
clusion (as such terms are defined in section 595 
of the Public Health Service Act (42 U.S.C. 
290jj)) to the same extent and in the same man-
ner as a non-medical, community-based facility 
for children and youth is required to protect and 
promote the right of its residents to be free from 
such restraints and seclusion under such section 
595, including the prohibitions and limitations 
described in subsection (b)(3) of such section. 
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(D) Acts of physical or mental abuse de-
signed to humiliate, degrade, or undermine a 
child’s self-respect shall be prohibited. 
(E) Each child at such a program shall 
have reasonable access to a telephone, and be in-
formed of their right to such access, for making 
and receiving phone calls with as much privacy 
as possible, and shall have access to the appro-
priate State or local child abuse reporting hot-
line number, and the national hotline number 
referred to in subsection (c)(2). 
(F) Each staff member, including volun-
teers, at such a program shall be required, as a 
condition of employment, to become familiar 
with what constitutes child abuse and neglect, as 
defined by State law. 
(G) Each staff member, including volun-
teers, at such a program shall be required, as a 
condition of employment, to become familiar 
with the requirements, including with State law 
relating to mandated reporters, and procedures 
for reporting child abuse and neglect in the State 
in which such a program is located. 
(H) Full disclosure, in writing, of staff 
qualifications and their roles and responsibilities 
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at such program, including medical, emergency 
response, and mental health training, to parents 
or legal guardians of children at such a pro-
gram, including providing information on any 
staff changes, including changes to any staff 
member’s qualifications, roles, or responsibilities, 
not later than 10 days after such changes occur. 
(I) Each staff member at a covered program 
described in subclause (I) or (II) of section 
2(4)(A)(i) shall be required, as a condition of 
employment, to be familiar with the signs, symp-
toms, and appropriate responses associated with 
heatstroke, dehydration, and hypothermia. 
(J) Each staff member, including volun-
teers, shall be required, as a condition of employ-
ment, to submit to a criminal history check, in-
cluding a name-based search of the National Sex 
Offender Registry established pursuant to the 
Adam Walsh Child Protection and Safety Act of 
2006 (Public Law 109–248; 42 U.S.C. 16901 et 
seq.), a search of the State criminal registry or 
repository in the State in which the covered pro-
gram is operating, and a Federal Bureau of In-
vestigation fingerprint check. An individual shall 
be ineligible to serve in a position with any con-
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tact with children at a covered program if any 
such record check reveals a felony conviction for 
child abuse or neglect, spousal abuse, a crime 
against children (including child pornography), 
or a crime involving violence, including rape, 
sexual assault, or homicide, but not including 
other physical assault or battery. 
(K) Policies and procedures for the provi-
sion of emergency medical care, including poli-
cies for staff protocols for implementing emer-
gency responses. 
(L) All promotional and informational ma-
terials produced by such a program shall include 
a hyperlink to or the URL address of the website 
created by the Assistant Secretary pursuant to 
subsection (c)(1)(A). 
(M) Policies to require parents or legal 
guardians of a child attending such a pro-
gram— 
(i) to notify, in writing, such program 
of any medication the child is taking; 
(ii) to be notified within 24 hours of 
any changes to the child’s medical treat-
ment and the reason for such change; and 
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(iii) to be notified within 24 hours of 
any missed dosage of prescribed medication. 
(N) Procedures for notifying parents or 
legal guardians with children at such a program 
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 stand-
ards 
developed 
pursuant 
to 
section 
114(b)(1) of the Child Abuse Prevention and 
Treatment Act, as added by section 8 of this 
Act. 
(O) Other standards the Assistant 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 the enactment of this 
Act, the Assistant Secretary shall promulgate 
and enforce interim regulations to carry out 
paragraph (1). 
(B) PUBLIC COMMENT.—The Assistant Sec-
retary shall, for a 90-day period beginning on 
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the date of the promulgation of interim regula-
tions under subparagraph (A) of this paragraph, 
solicit and accept public comment concerning 
such regulations. Such public comment shall be 
submitted in written form. 
(C) FINAL REGULATIONS.—Not later than 
90 days after the conclusion of the 90-day period 
referred to in subparagraph (B) of this para-
graph, the Assistant Secretary shall promulgate 
and enforce final regulations to carry out para-
graph (1). 
(b) MONITORING AND ENFORCEMENT.— 
(1) INSPECTIONS.—The Assistant Secretary shall 
establish a process for conducting unannounced site 
inspections of each location of a covered program to 
determine compliance with the standards required 
under subsection (a)(1). Such inspections shall— 
(A) begin not later than the date on which 
the Assistant Secretary promulgates interim reg-
ulations under subsection (a)(2)(A); and 
(B) be conducted at each location of each 
covered program not less often than once every 
two years, until such time as the Assistant Sec-
retary has determined a State has appropriate 
health and safety licensing requirements, moni-
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toring, and enforcement of covered programs in 
such State, as determined in accordance with 
section 114(c) of the Child Abuse Prevention and 
Treatment Act, as added by section 8 of this Act. 
(2) ON-GOING REVIEW PROCESS.—Not later than 
180 days after the date of the enactment of this Act, 
the Assistant Secretary shall implement an on-going 
review process for investigating and evaluating re-
ports of child abuse and neglect at covered programs 
received by the Assistant Secretary from the appro-
priate State, in accordance with section 114(b)(3) of 
the Child Abuse Prevention and Treatment Act, as 
added by section 8 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; 
(B) include an assessment of the State’s 
performance with respect to appropriateness of 
response to and investigation of reports of child 
abuse and neglect at covered programs and ap-
propriateness of legal action against responsible 
parties in such cases; 
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(C) be completed not later than 60 days 
after receipt by the Assistant Secretary of such 
a report; 
(D) not interfere with an investigation by 
the State or a subdivision thereof; and 
(E) be implemented in each State in which 
a covered program operates until such time as 
each such State has satisfied the requirements 
under section 114(c) of the Child Abuse Preven-
tion and Treatment Act, as added by section 8 
of this Act, as determined by the Assistant Sec-
retary, or two years has elapsed from the date 
that such review process is implemented, which-
ever is later. 
(3) CIVIL PENALTIES.—Not later than 180 days 
after the date of the enactment of this Act, the Assist-
ant Secretary shall promulgate regulations estab-
lishing civil penalties for violations of the standards 
required under subsection (a)(1). The regulations es-
tablishing such penalties shall incorporate the fol-
lowing: 
(A) Any owner or operator of a covered pro-
gram at which the Assistant Secretary has found 
a violation of the standards required under sub-
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section (a)(1) may be assessed a civil penalty not 
to exceed $50,000 per violation. 
(B) All penalties collected under this sub-
section shall be deposited in the appropriate ac-
count of the Treasury of the United States. 
(c) DISSEMINATION OF INFORMATION.—The Assistant 
Secretary shall establish, maintain, and disseminate infor-
mation about the following: 
(1) Websites made available to the public that 
contains, at a minimum, the following: 
(A) The name and each location of each 
covered program, and the name of each owner 
and operator of each such program, operating in 
each State, and information regarding— 
(i) each such program’s history of vio-
lations of— 
(I) regulations promulgated pur-
suant to subsection (a); and 
(II) section 114(b)(1) of the Child 
Abuse Prevention and Treatment Act, 
as added by section 8 of this Act; 
(ii) each such program’s current status 
with the State licensing requirements under 
section 114(b)(1) of the Child Abuse Preven-
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tion and Treatment Act, as added by sec-
tion 8 of this Act; 
(iii) any deaths that occurred to a 
child while under the care of such a pro-
gram, including any such deaths that oc-
curred in the five year period immediately 
preceding the date of the enactment of this 
Act; 
(iv) owners or operators of a covered 
program that was found to be in violation 
of the standards required under subsection 
(a)(1), or a violation of the licensing stand-
ards 
developed 
pursuant 
to 
section 
114(b)(1) of the Child Abuse Prevention and 
Treatment Act, as added by section 8 of this 
Act, and who subsequently own or operate 
another covered program; and 
(v) any penalties levied under sub-
section (b)(3), any judgments or orders 
issued by a court pursuant to section 5, and 
any other penalties levied by the State, 
against each such program. 
(B) Information on best practices for help-
ing adolescents with mental health disorders, 
conditions, behavioral challenges, or alcohol or 
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substance abuse, including information to help 
families access effective resources in their com-
munities. 
(2) A national toll-free telephone hotline to re-
ceive complaints of child abuse and neglect at covered 
programs and violations of the standards required 
under subsection (a)(1). 
(d) ACTION.—The Assistant Secretary shall establish 
a process to— 
(1) ensure complaints of child abuse and neglect 
received by the hotline established pursuant to sub-
section (c)(2) are promptly reviewed by persons with 
expertise in evaluating such types of complaints; 
(2) immediately notify the State, appropriate 
local law enforcement, and the appropriate protection 
and advocacy system of any credible complaint of 
child abuse and neglect at a covered program received 
by the hotline; 
(3) investigate any such credible complaint not 
later than 30 days after receiving such complaint to 
determine if a violation of the standards required 
under subsection (a)(1) has occurred; and 
(4) ensure the collaboration and cooperation of 
the hotline established pursuant to subsection (c)(2) 
with other appropriate National, State, and regional 
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hotlines, and, as appropriate and practicable, with 
other hotlines that might receive calls about child 
abuse and neglect at covered programs. 
SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL. 
If the Assistant Secretary determines that a violation 
of subsection (a)(1) of section 3 has not been remedied 
through the enforcement process described in subsection 
(b)(3) of such section, the Assistant Secretary shall refer 
such violation to the Attorney General for appropriate ac-
tion. Regardless of whether such a referral has been made, 
the Attorney General may, sua sponte, file a complaint in 
any court of competent jurisdiction seeking equitable relief 
or any other relief authorized by this Act for such violation. 
SEC. 5. PRIVATE RIGHT OF ACTION. 
(a) MAINTENANCE OF ACTION.—Any person suffering 
an injury-in-fact traceable to a violation of a regulation 
promulgated pursuant to section 3(a) may bring suit or 
a claim demanding relief. 
(b) RELIEF.—A court hearing a claim or suit under 
subsection (a) may order any appropriate equitable remedy 
and award damages, including punitive damages and rea-
sonable attorneys’ fees, for a violation of a regulation pro-
mulgated pursuant to section 3(a). 
(c) LIMITATION.—The provisions of section 7 of the 
Civil Rights of Institutionalized Persons Act (42 U.S.C. 
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1997e) shall not apply to any action brought under this 
Act. 
SEC. 6. REPORT. 
Not later than one year after the date of the enactment 
of this Act and annually thereafter, the Secretary of Health 
and Human Services, in coordination with the Attorney 
General shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate, 
a report on the activities carried out by the Assistant Sec-
retary and the Attorney General under this Act, includ-
ing— 
(1) a description of the number and types of cov-
ered programs inspected by the Assistant Secretary 
pursuant to section 3(b)(1); 
(2) a description of types of violations of health 
and safety standards found by the Assistant Secretary 
and any penalties assessed; 
(3) a summary of findings from on-going reviews 
conducted by the Assistant Secretary pursuant to sec-
tion 3(b)(2); 
(4) a summary of State progress in meeting the 
requirements of this Act, including the requirements 
under section 114 of the Child Abuse Prevention and 
Treatment Act, as added by section 8 of this Act; and 
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(5) a summary of the Secretary’s oversight ac-
tivities and findings conducted pursuant to subsection 
(d) of such section 114. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Secretary 
of Health and Human Services $50,000,000 for each of fis-
cal years 2009 through 2013 to carry out this Act (exclud-
ing the amendment made by section 8 of this Act). 
SEC. 8. 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.— 
‘‘(A) IN GENERAL.—The term ‘covered pro-
gram’ means each location of a program oper-
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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— 
‘‘(i) provides a residential environ-
ment, such as— 
‘‘(I) a program with a wilderness 
or outdoor experience, expedition, or 
intervention; 
‘‘(II) a boot camp experience or 
other experience designed to simulate 
characteristics of basic military train-
ing or correctional regimes; 
‘‘(III) a therapeutic boarding 
school; or 
‘‘(IV) a behavioral modification 
program; and 
‘‘(ii) operates with a focus on serving 
children with— 
‘‘(I) emotional, behavioral, or 
mental health problems or disorders; or 
‘‘(II) problems with alcohol or 
substance abuse. 
‘‘(B) EXCLUSION.—The term ‘covered pro-
gram’ does not include— 
‘‘(i) a hospital licensed by the State; 
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‘‘(ii) a foster family home or group 
home that provides 24-hour substitute care 
for children place away from their parents 
or guardians and for whom the State child 
welfare services agency has placement and 
care responsibility and that is licensed and 
regulated by the State as a foster family 
home or group home; or 
‘‘(iii) a psychiatric residential treat-
ment facility that is certified as meeting the 
requirements specified in regulations pro-
mulgated for such facilities under section 
1905(h)(1)(A) of the Social Security Act 
and that provides psychiatric services for 
which medical assistance is available under 
a State plan under title XIX of such Act. 
‘‘(3) PROTECTION AND ADVOCACY SYSTEM.—The 
term ‘protection and advocacy system’ means a pro-
tection and advocacy system established under section 
143 of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 (42 U.S.C. 15043). 
‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eligible to 
receive a grant under section 106, a State shall— 
‘‘(1) not later than three years after the date of 
the enactment of this section, develop policies and 
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procedures to prevent child abuse and neglect at cov-
ered programs operating in such State, including 
having in effect health and safety licensing require-
ments applicable to and necessary for the operation of 
each location of such covered programs that include, 
at a minimum— 
‘‘(A) standards that meet or exceed the 
standards required under section 3(a)(1) of the 
Stop Child Abuse in Residential Programs for 
Teens Act of 2008; 
‘‘(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 employment 
meets the definition of mandated reporter, as de-
fined by the State; 
‘‘(2) develop policies and procedures to monitor 
and enforce compliance with the licensing require-
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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 (includ-
ing child protective services, and services to chil-
dren with emotional, psychological, develop-
mental, or behavioral dysfunctions, impairments, 
disorders, or alcohol or substance abuse), State 
law enforcement officials, the appropriate protec-
tion and advocacy system, and courts of com-
petent jurisdiction, for monitoring and enforcing 
such compliance; 
‘‘(B) a State licensing application process 
through which any individual seeking to operate 
a covered program would be required to disclose 
all previous substantiated reports of child abuse 
and neglect and all child deaths at any busi-
nesses previously or currently owned or operated 
by such individual, except that such reports shall 
not contain any personally identifiable informa-
tion relating to the identity of individuals who 
were the victims of such child abuse and neglect; 
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‘‘(C) conducting unannounced site inspec-
tions not less often than once every two years at 
each location of a covered program; 
‘‘(D) creating a 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 operating in the 
State, except that such reports shall not contain 
any personally identifiable information relating 
to the identity of individuals who were the vic-
tims 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 compliance 
with such health and safety licensing require-
ments; 
‘‘(3) if the State is not yet satisfying the require-
ments of this subsection, in accordance with a deter-
mination made pursuant to subsection (c), develop 
policies and procedures for notifying the Secretary 
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 subdivi-
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sion thereof, determines such report should be inves-
tigated 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 ac-
cordance with a determination made pursuant to sub-
section (c), develop policies and procedures for noti-
fying the Secretary if— 
‘‘(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 data-
base of all covered programs operating in the State, 
including 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 child 
abuse and neglect at such programs (except that such 
reports shall not contain any personally identifiable 
information relating to the identity of individuals 
who were the victims of such child abuse and neglect), 
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violations of standards required under paragraph (1), 
and all penalties levied against such programs; 
‘‘(6) annually submit to the Secretary a report 
that includes— 
‘‘(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 licensing 
requirements developed pursuant to subsection 
(b)(1); and 
‘‘(B) a description of State activities to 
monitor and enforce such State licensing require-
ments, including the names of owners and opera-
tors of each covered program that underwent a 
site inspection by the State, and a summary of 
the results and any actions taken; and 
‘‘(7) if the Secretary determines that the State is 
satisfying the requirements of this subsection, in ac-
cordance with a determination made pursuant to sub-
section (c), develop and 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. 
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‘‘(c) SECRETARIAL DETERMINATION.—The Secretary 
shall not determine that a State’s licensing requirements, 
monitoring, and enforcement of covered programs operating 
in the State satisfy the requirements of this subsection (b) 
unless— 
‘‘(1) the State implements licensing requirements 
for such covered programs that meet or exceed the 
standards required under subsection (b)(1); 
‘‘(2) the State designates an agency to be respon-
sible for monitoring and enforcing compliance with 
such licensing requirements; 
‘‘(3) the State conducts unannounced site inspec-
tions of each location of such covered programs not 
less often than once every two years; 
‘‘(4) the State creates a database of such covered 
programs, to include information on reports of child 
abuse and neglect at such programs (except that such 
reports shall not contain any personally identifiable 
information relating to the identity 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 revoca-
tion of licenses against such covered programs that 
are out of compliance with the health and safety li-
censing 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 2008, the Sec-
retary determines the State is appropriately inves-
tigating 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 2008, the Sec-
retary shall implement a process for continued moni-
toring of each State that is determined to be satis-
fying the licensing, monitoring, and enforcement re-
quirements of subsection (b), in accordance with a de-
termination made pursuant to subsection (c), with re-
spect to the performance of each such State regard-
ing— 
‘‘(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 min-
imum— 
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‘‘(A) an investigation not later than 60 
days after receipt by the Secretary of a report 
from a State, or a subdivision thereof, of child 
abuse and neglect at a covered program oper-
ating in the State, and submission of findings to 
appropriate law enforcement or other local entity 
where necessary, if the report indicates— 
‘‘(i) a child fatality at such program; 
or 
‘‘(ii) there is evidence of a pattern of 
violations of the standards required under 
subsection (b)(1) at such program or by an 
owner or operator of such program; 
‘‘(B) annually, a random sample of review 
of cases of reports of child abuse and neglect in-
vestigated at covered programs operating in the 
State to assess the State’s performance with re-
spect to the appropriateness of response to and 
investigation of reports of child abuse and ne-
glect at covered programs and the appropriate-
ness of legal actions taken against responsible 
parties in such cases; and 
‘‘(C) unannounced site inspections of cov-
ered programs operating in the State to monitor 
compliance with the standards required under 
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section 3(a) of the Stop Child Abuse in Residen-
tial Programs for Teens Act of 2008. 
‘‘(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 investigated 
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 before the 
period at the end the following: ‘‘, and $200,000,000 for 
each of fiscal years 2009 through 2013’’. 
(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. 
5104(c)(1)(D)) is amended by inserting after ‘‘spe-
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cific’’ the following: ‘‘(including reports of child abuse 
and neglect occurring at covered programs (except 
that such reports shall not contain any personally 
identifiable information relating to the identity of in-
dividuals who were the victims of such child abuse 
and neglect), as such term is defined in section 114)’’. 
(2) FURTHER REQUIREMENT.—Section 106(b)(1) 
of the Child Abuse Prevention and Treatment 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 Treatment 
Act (42 U.S.C. 5106a(d)) is amended— 
(A) in paragraph (1), by inserting before 
the period at the end the following: ‘‘(including 
reports of child abuse and neglect occurring at 
covered programs (except that such reports shall 
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not contain any personally identifiable informa-
tion 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.’’. 
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Union Calendar No. 421 
110TH CONGRESS 
2D SESSION 
H. R. 5876 
[Report No. 110–669] 
A BILL 
To require certain standards and enforcement pro-
visions to prevent child abuse and neglect in resi-
dential programs, and for other purposes. 
MAY 22, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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