Child Abuse Death Disclosure Act
Bill: S.1483 | Sponsor: Sen. Brown, Sherrod (D-OH)
Policy area: Families

Summary:
Child Abuse Death Disclosure Act
This bill requires states receiving child welfare grants to report specified information about child deaths from maltreatment. Specifically, multidisciplinary teams from within the child welfare system in each state must
Further, the Children’s Bureau must promulgate rules establishing standardized definitions for states to use in such reporting.

To amend part B of title IV of the Social Security Act to require 
  States to review child fatalities from maltreatment, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abuse Death Disclosure Act''.

SEC. 2. STRENGTHENING NATIONAL DATA ON CHILD FATALITIES FROM 
              MALTREATMENT.

    (a) IV-B Requirement To Review Child Fatalities From 
Maltreatment.--Section 422(b)(19) of the Social Security Act (42 U.S.C. 
622(b)(19)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) an assurance that the State shall--
                            ``(i) engage at least annually, and, more 
                        frequently as necessary, in a multidisciplinary 
                        review of all child fatalities from 
                        maltreatment in the State that occurred during 
                        the previous year in accordance with the 
                        requirements of section 429A; and''.
    (b) Review Requirements.--Subpart 1 of part B of title IV of the 
Social Security Act (42 U.S.C. 621 et seq.) is amended by adding at the 
end the following:

``SEC. 429A. ONGOING REVIEW OF CHILD FATALITIES FROM MALTREATMENT.

    ``(a) Requirements.--In order to satisfy the requirements of 
section 422(b)(19)(C), a State shall require the State's 
multidisciplinary child death review team or, if the State does not 
have such a team as of the date of enactment of this section, a 
multidisciplinary team established by the State that is comprised of 
representatives of integral elements of the State child welfare system, 
such as child welfare workers, child protective services workers, 
prosecutors, law enforcement, coroners or medical examiners, public 
health care providers, pediatricians with expertise in child 
maltreatment and the child welfare system, children's advocacy centers, 
substance use disorder treatment providers, and advocates and 
researchers for the prevention and treatment of domestic violence, as 
well as representatives of educators, including early childhood 
educators and child care providers (in this section referred to as the 
`review team'), to review, at least annually and more frequently as 
necessary, all child fatalities from maltreatment in the State that 
occurred during the most recently ended fiscal year and for which the 
period for all administrative or judicial review is complete. Any child 
fatality from maltreatment in the State that occurred during the most 
recently ended fiscal year but for which the period for all 
administrative or judicial review is not complete shall be reviewed by 
the review team in during the first review period that occurs after the 
period for which all administrative or judicial review is complete.
    ``(b) Report and Recommendations.--The review team shall--
            ``(1) for each child fatality from maltreatment in the 
        State subject to review, make findings based on information 
        available to the review team regarding the causes of child's 
        fatality and other factors that impacted the child's fatality, 
        including to the extent possible and taking into account 
        privacy protections under Federal and State law--
                    ``(A) the circumstances of the fatality;
                    ``(B) the characteristics of the victim, the 
                perpetrators, including their relationship to the 
                child, and the parents or guardians of the child;
                    ``(C) whether there were previous familial 
                interactions with child protective services and the 
                outcomes of those interactions;
                    ``(D) whether the child had any siblings and how 
                many;
                    ``(E) whether there were other children present or 
                living in the household at the time of the fatality; 
                and
                    ``(F) the social services, public cash or in-kind 
                assistance (including housing), health (including 
                mental health) services, alcohol or substance use 
                disorder treatment, or other public or private services 
                provided to or on behalf of the child prior to the 
                child's death;
            ``(2) submit all findings and data made in accordance with 
        paragraph (1) to the Child Death Review Case Reporting System 
        (in this section referred to as the `CDR Reporting System') 
        operated by the National Center for Fatality Review and 
        Prevention;
            ``(3) based on the findings made in accordance with 
        paragraph (1), develop recommendations for preventing future 
        child fatalities from maltreatment; and
            ``(4) submit a report, at least annually, and, more 
        frequently as necessary, to the State Governor, the State 
        legislature, and, if the incident reporting threshold 
        established under subsection (c) is met, to the Secretary, that 
        contains the findings and data submitted to the CDR Reporting 
        System under subparagraph (2) (de-identified) and the 
        recommendations developed under paragraph (3).
    ``(c) Incident Reporting Threshold.--
            ``(1) State-specific thresholds.--
                    ``(A) In general.--The Secretary annually shall 
                establish a national reporting incident threshold for 
                each State for purposes of protecting the privacy of 
                families and other living individuals whose information 
                is part of the findings and data submitted under 
                subsection (b)(2) and the reports to the State Governor 
                and State Legislature required under subsection (b)(4).
                    ``(B) Requirements.--In establishing the national 
                reporting incident threshold for a State, the Secretary 
                shall ensure that the reporting threshold is subject to 
                privacy protections that are designed to protect the 
                privacy of--
                            ``(i) children;
                            ``(ii) individuals who are not the 
                        perpetrators of the child maltreatment that 
                        resulted in the fatality; and
                            ``(iii) individuals who are or have been 
                        victimized by domestic violence or who are at 
                        risk of domestic violence.
            ``(2) Application.--If the number of child fatalities from 
        maltreatment in a State in a fiscal year is below the reporting 
        threshold established for the State for the fiscal year, the 
        State shall not submit the report required under subsection 
        (b)(4) to the Secretary but shall submit to the Secretary--
                    ``(A) the findings and data submitted to the CDR 
                Reporting System under subsection (b)(2) for the 
                purpose of making such findings and data accessible as 
                a public use data set on the national website required 
                under subsection (g) after redacting any personal 
                identifying information; and
                    ``(B) the recommendations developed under 
                subsection (b)(3).
    ``(d) Training.--
            ``(1) In general.--In order to satisfy the requirements of 
        section 422(b)(19)(C) and subsection (i), a State shall provide 
        the following short-term training:
                    ``(A) Review team specific duties.--The State shall 
                provide the members and staff of the review team with 
                training regarding--
                            ``(i) applying the set of national 
                        definition standards promulgated under section 
                        3(a) of the Child Abuse Death Disclosure Act; 
                        and
                            ``(ii) as needed in order to maintain 
                        consistency across services and outcomes, 
                        approaches to--
                                    ``(I) reduce and prevent 
                                discrimination based on race or culture 
                                (including training related to implicit 
                                biases) in the provision of child 
                                protection and welfare services related 
                                to child abuse and neglect; and
                                    ``(II) address racial or cultural 
                                disproportionality in the incidence of 
                                child maltreatment fatality cases.
                    ``(B) Data collection and reporting.--The State 
                shall provide administrators and staff of State-
                licensed or State-approved child welfare agencies 
                responsible for data collection and reporting with 
                training regarding reporting on child maltreatment 
                fatality cases and applying the set of national 
                definition standards promulgated under section 3(a) of 
                the Child Abuse Death Disclosure Act.
            ``(2) State option for training to improve early 
        detection.--At the option of the State, and in addition to the 
        training required under paragraph (1), the State may provide 
        pediatricians, emergency room physicians, and other medical 
        professionals with training relating to identifying, assessing, 
        and responding to potential abuse in infants to prevent future 
        cases of child abuse and related fatalities, including with 
        respect to improving conditions that may result in an infant 
        being unsafe, alignment with child protective services policies 
        and practices (as appropriate), and identifying injuries 
        indicative of potential abuse in infants.
    ``(e) Funding.--
            ``(1) In general.--Subject to paragraph (2), amounts 
        expended by a State during each quarter beginning after the 
        effective date of this section for administrative costs (as 
        defined in section 422(c)(1)) to carry out this section and 
        section 422(b)(19)(C) shall be deemed to be amounts expended 
        during such quarter as found necessary by the Secretary for the 
        proper and efficient administration of the State plan under 
        part E and eligible for Federal matching payments under section 
        474(a)(3)(E) without regard to whether such costs are incurred 
        on behalf of a child who is, or is potentially, eligible for 
        foster care maintenance payments or adoption assistance under 
        part E.
            ``(2) Training.--Amounts expended by a State during each 
        quarter beginning after the effective date of this section for 
        providing training under subsection (d) (including training at 
        State option under paragraph (2) of that subsection) shall be 
        eligible for Federal matching payments under section 
        474(a)(3)(B) without regard to whether such costs are incurred 
        on behalf of a child who is, or is potentially, eligible for 
        foster care maintenance payments or adoption assistance under 
        part E.
    ``(f) Indian Tribes, Tribal Organizations.--The Secretary, in 
consultation with the Assistant Secretary-Indian Affairs of the Bureau 
of Indian Affairs of the Department of Interior and tribal child 
welfare organizations, shall determine how and the extent to which the 
requirements of this section shall apply to Indian tribes and tribal 
organizations (as defined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304).
    ``(g) Nonapplication.--The limitations on payments for 
administrative costs under sections 424(e) and 472(i) shall not apply 
to State expenditures made to carry out this section.
    ``(h) National Website.--
            ``(1) In general.--The Secretary, in coordination with the 
        National Center for Fatality Review and Prevention, shall 
        publish on a website that is available to the public and 
        maintained and updated at least annually--
                    ``(A) each report submitted to the Secretary under 
                subsection (b)(4); and
                    ``(B) the findings and data submitted to the CDR 
                Reporting System under subsection (b)(2) (with any 
                personal identifying information or information that 
                identifies the submitting State redacted) in a manner 
                that is accessible as a public use data set for 
                purposes of research to identify risk factors to 
                prevent future deaths of children from maltreatment.
            ``(2) Notice to congress.--The Secretary shall notify 
        Congress when information on the website required under 
        paragraph (1) is updated.''.
    (c) Conforming Amendment.--Section 425 of the Social Security Act 
(42 U.S.C. 625) is amended by striking ``426, 427, and 429'' and 
inserting ``422(b)(19)(C), 426, 427, 429, and 429A''.

SEC. 3. DEVELOPMENT OF NATIONAL DEFINITION STANDARDS RELATING TO CHILD 
              FATALITIES FROM MALTREATMENT.

    (a) Promulgation of National Definition Standards.--Not later than 
18 months after the date of enactment of this Act, the Secretary of 
Health and Human Services (in this section referred to as the 
``Secretary'') shall promulgate proposed regulations establishing a set 
of national definition standards relating to child fatalities from 
maltreatment that States shall use to report data to the National Child 
Abuse and Neglect Data System established and maintained in accordance 
with section 103 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5104) and, not later than 6 months after the date on which the 
public comment period on the proposed regulations closes, shall issue 
final regulations establishing such standards.
    (b) Requirements.--In promulgating the regulations under subsection 
(a), the Secretary shall consult with representatives of--
            (1) State and county officials responsible for 
        administering the State plans under parts B and E of title IV 
        of the Social Security Act;
            (2) child welfare professionals with field experience;
            (3) child welfare researchers;
            (4) child development professionals;
            (5) mental health professionals;
            (6) substance use disorder treatment professionals;
            (7) emergency medicine physicians;
            (8) child abuse pediatricians, as certified by the American 
        Board of Pediatrics, who specialize in treating victims of 
        child abuse;
            (9) forensic pathologists;
            (10) children's advocacy centers;
            (11) public health administration;
            (12) public health researchers;
            (13) law enforcement;
            (14) prosecutors;
            (15) advocates and researchers for the prevention and 
        treatment of domestic violence;
            (16) a representative from the National Center for Fatality 
        Review and Prevention; and
            (17) such other organizations or entities as the Secretary 
        determines appropriate.
    (c) Conforming Amendments.--
            (1) CAPTA.--
                    (A) National child abuse and neglect data system.--
                Section 103(c)(1)(C) of the Child Abuse Prevention and 
                Treatment Act (42 U.S.C. 5104(c)(1)(C)) is amended--
                            (i) in clause (iii), by striking ``and'' 
                        after the semicolon;
                            (ii) in clause (iv), by adding ``and'' 
                        after the semicolon; and
                            (iii) by inserting after clause (iv), the 
                        following:
                            ``(v) information on child fatalities from 
                        maltreatment in accordance with the set of 
                        national definition standards promulgated under 
                        section 3(a) of the Child Abuse Death 
                        Disclosure Act;''.
                    (B) State data reports.--Section 106(d) of the 
                Child Abuse Prevention and Treatment Act (42 U.S.C. 
                5106a(d)) is amended by adding at the end the 
                following:
            ``(19) The number of child fatalities from maltreatment and 
        related information required to be reported in accordance with 
        the set of national definition standards promulgated under 
        section 3(a) of the Child Abuse Death Disclosure Act.''.
            (2) Social security act.--
                    (A) IV-B plan.--Section 422(b)(19)(C) of the Social 
                Security Act (42 U.S.C. 622(b)(19)), as amended by 
                section 2(a), is further amended by adding at the end 
                the following:
                            ``(ii) report information on child 
                        maltreatment deaths in accordance with the set 
                        of national definition standards promulgated 
                        under section 3(a) of the Child Abuse Death 
                        Disclosure Act.''.
                    (B) Review requirements.--Section 429A of the 
                Social Security Act, as added by section 2(b), is 
                amended by adding at the end the following:
    ``(i) Application of National Definition Standards.--The review 
team shall use the set of national definition standards promulgated 
under section 3(a) of the Child Abuse Death Disclosure Act to make and 
submit findings and data to the CDR Reporting System and to develop the 
recommendations required under subsection (b)(3).''.

SEC. 4. EFFECTIVE DATE; APPLICATION.

    (a) In General.--This Act and the amendments made by this Act take 
effect on the date of enactment of this Act.
    (b) Application to IV-B State Plans.--A State plan under part B of 
title IV of the Social Security Act shall not be regarded as failing to 
comply with the additional requirements imposed on the plan by this Act 
and the amendments made by this Act before the date that is 3 years 
after the date of enactment of this Act.
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