Title: Speak Up to Protect Every Abused Kid Act
Policy area: Families

Summary:
Speak Up to Protect Every Abused Kid Act
This bill establishes and modifies certain requirements related to mandatory reporting of suspected and known incidents of child abuse. Specifically, the bill requires the Department of Health and Human Services to provide grants for campaigns to educate the public and for training about (1) state child abuse or neglect laws, and (2) the responsibility to report suspected incidents of such abuse or neglect.  Further, for a state to be eligible for various grants supporting child abuse or neglect treatment and prevention programs, the state must provide assurances that it has mandatory reporting requirements in place for specified individuals who provide services involving children (e.g., health care providers, school personnel, child care employees, and volunteers). States must (1) provide training to these individuals about reporting abuse, and (2) evaluate the effectiveness of the state's reporting requirements.  The bill also revises reporting requirements for child abuse or neglect treatment and prevention grants to include data about changes in the rates of child abuse reporting and child abuse fatalities.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1353 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1353

   To amend the Child Abuse Prevention and Treatment Act to require 
  mandatory reporting of incidents of child abuse or neglect, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2019

   Mr. Casey introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Child Abuse Prevention and Treatment Act to require 
  mandatory reporting of incidents of child abuse or neglect, 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 ``Speak Up to Protect Every Abused Kid 
Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) children are dependent on the adults in their lives, 
        including parents, extended family, teachers, health care 
        providers, and others in their community, to ensure their 
        safety and well-being;
            (2) data from the Administration on Children and Families 
        for 2016 indicate that 671,622 children in the United States 
        were reported as being victims of child abuse or neglect, and 
        1,447 of those children died as a result of such abuse or 
        neglect;
            (3) regardless of whether an adult is legally required to 
        report child abuse and neglect, every adult who suspects or 
        knows about child abuse or neglect has a moral duty to report 
        such concerns to the appropriate authorities; and
            (4) establishing a Federal standard for the classes of 
        individuals that State law establishes as mandated reporters 
        will protect children and ensure greater consistency among the 
        laws of States, while allowing States the flexibility to 
        establish additional classes of individuals as mandated 
        reporters.

SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.

    The Child Abuse Prevention and Treatment Act is amended by 
inserting after section 103 (42 U.S.C. 5104) the following:

``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.

    ``(a) In General.--The Secretary shall make grants to eligible 
entities to carry out educational campaigns and provide evidence-based 
or evidence-informed training regarding State laws for mandatory 
reporting of incidents of child abuse or neglect.
    ``(b) Guidance and Information on Best Practices.--The Secretary 
shall develop and disseminate guidance and information on best 
practices for--
            ``(1) educational campaigns to educate members of the 
        public about--
                    ``(A) the acts and omissions that constitute child 
                abuse or neglect under State law;
                    ``(B) the responsibilities of adults to report 
                suspected and known incidents of child abuse or neglect 
                under State law; and
                    ``(C) the resources available to struggling 
                families to help prevent child abuse and neglect; and
            ``(2) evidence-based or evidence-informed training programs 
        to improve such reporting by adults, with a focus on adults who 
        work with children in a professional or volunteer capacity.
    ``(c) Applications.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require. In determining whether to make a grant under this section, 
the Secretary shall determine whether the educational campaign or 
training proposed by the entity uses practices described in the 
guidance and information developed under subsection (b).
    ``(d) Use of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant to carry 
out an educational campaign, or provide training, described in 
subsection (b).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2020 
and $10,000,000 for each of fiscal years 2021 through 2024.''.

SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND 
              TREATMENT PROGRAMS.

    Section 106(b) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106a(b)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B), by striking ``(B) an 
                assurance'' and all that follows through the end of 
                clause (i), and inserting the following:
                    ``(B) an assurance in the form of a certification 
                by the Governor of the State that the State has in 
                effect and is enforcing a State law, or has in effect 
                and is operating a statewide program, relating to child 
                abuse and neglect that includes--
                            ``(i) provisions or procedures for an 
                        individual described in paragraph (5) to report 
                        suspected or known incidents of child abuse or 
                        neglect to a State child protective service 
                        agency or to a law enforcement agency, which 
                        shall include a State law for mandatory 
                        reporting of such incidents, to either type of 
                        agency, by any individual described in 
                        paragraph (5), in accordance with paragraph 
                        (6);'';
                    (B) in subparagraph (F), by striking ``; and'' and 
                inserting ``;'';
                    (C) in subparagraph (G), by striking the period at 
                the end and inserting ``;''; and
                    (D) by inserting after subparagraph (G) the 
                following:
                    ``(H) an assurance that the State, in developing 
                the State plan described in paragraph (1), has 
                established procedures to ensure coordination between 
                the State law or statewide program described in 
                subparagraph (B) and relevant law enforcement and State 
                or community-based victims' services agencies to ensure 
                that children who are the victims of acts by a 
                perpetrator other than a parent or caretaker that would 
                be considered child abuse or neglect under section 3(2) 
                if the perpetrator of such act were a parent or 
                caretaker, are referred for appropriate follow-up 
                services, even if such children do not qualify for the 
                protections under such State law or statewide program;
                    ``(I) an assurance that the State will--
                            ``(i) take primary responsibility to accept 
                        and investigate reports of known and suspected 
                        child abuse or neglect pertaining to an 
                        incident that occurred in that State, even if 
                        the child or the alleged perpetrator resides in 
                        a different State;
                            ``(ii) in the case of a State that takes 
                        primary responsibility to investigate a report 
                        as described in clause (i), share the results 
                        of the investigation with the State where the 
                        child resides and with the State where the 
                        alleged perpetrator resides; and
                            ``(iii) in the case of a State in which the 
                        child or alleged perpetrator resides, but where 
                        the alleged incident did not occur, establish a 
                        plan to assist the State with primary 
                        responsibility for the investigation; and
                    ``(J) an assurance that the State has established 
                procedures to screen for domestic violence in the 
                course of investigating child abuse and that such 
                procedures--
                            ``(i) were developed in consultation with 
                        the State Domestic Violence Coalition (as 
                        defined in section 302 of the Family Violence 
                        Prevention and Services Act (42 U.S.C. 10402)) 
                        or other entity eligible for funds under 
                        section 311 of the Family Violence Prevention 
                        and Services Act (42 U.S.C. 10411); and
                            ``(ii) include training and practice 
                        requirements for investigators of child abuse 
                        where domestic violence is also present.''; and
            (2) by adding at the end the following:
            ``(5) Individuals required to report suspected or known 
        child abuse or neglect.--To satisfy the requirements of 
        paragraph (2)(B)(i), a State law for mandatory reporting 
        described in such paragraph shall require all of the following 
        individuals to report suspected or known incidents of child 
        abuse or neglect:
                    ``(A) Individuals licensed or certified to practice 
                in any health-related field licensed by the State, 
                employees of health care facilities or providers 
                licensed by the State, who are engaged in the 
                admission, examination, care or treatment of 
                individuals, including mental health and emergency 
                medical services providers.
                    ``(B) Individuals employed by a school who have 
                direct contact with children, including teachers, 
                administrators, and independent contractors.
                    ``(C) Peace officers and law enforcement personnel.
                    ``(D) Clergy, including Christian Science 
                practitioners, except where prohibited on account of 
                clergy-penitent privilege.
                    ``(E) Day care and child care operators and 
                employees.
                    ``(F) Employees of social services agencies who 
                have direct contact with children in the course of 
                employment.
                    ``(G) Foster parents.
                    ``(H) Court appointed special advocates (employees 
                and volunteers).
                    ``(I) Camp and after-school employees.
                    ``(J) An individual, paid or unpaid, who, on the 
                basis of the individual's role as an integral part of a 
                regularly scheduled program, activity, or service, 
                accepts responsibility for a child.
                    ``(K) Other individuals, as the applicable State 
                law or statewide program may require.
            ``(6) Reporting requirement.--To satisfy the requirements 
        of paragraph (2)(B)(i), a State law for mandatory reporting 
        described in such paragraph shall require such individuals to 
        report suspected or known incidents of child abuse or neglect 
        directly to the appropriate law enforcement or child welfare 
        agency (as applicable under State law) and, if applicable, to 
        the individual's supervisor or employer.''.

SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.

    (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106c(b)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(C) support training for adults who work with 
                children in a professional or volunteer capacity, to 
                report suspected and known incidents of child abuse or 
                neglect under State law; and''; and
            (2) in paragraph (5), by inserting before the period ``and 
        the training described in paragraph (4)(C)''.
    (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 
5106c(d)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) evaluate the State's efforts to train adults who work 
        with children in a professional or volunteer capacity, to 
        report suspected and known incidents of child abuse or neglect 
        under State law.''.
    (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 
U.S.C. 5106c(e)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) experimental, model, and demonstration 
                programs for testing innovative approaches and 
                techniques that may improve reporting of and response 
                to suspected and known incidents of child abuse or 
                neglect by adults to the State child protective service 
                agencies or to law enforcement agencies.''.

SEC. 6. GENERAL PROGRAM GRANTS.

    Section 108 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106d) is amended by adding at the end the following:
    ``(f) Mandatory Reporting.--To be eligible to receive any form of 
financial assistance under this title, a State shall include in the 
corresponding plan or application an assurance that the State has in 
effect a State law for mandatory reporting described in section 
106(b)(2)(B)(i).''.

SEC. 7. REPORTS.

    Section 110 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5106f) is amended by adding at the end the following:
    ``(e) Study and Report on State Mandatory Reporting Laws.--
            ``(1) Study.--Not later than 4 years after the date of 
        enactment of the Speak Up to Protect Every Abused Kid Act, the 
        Secretary shall collect information on and otherwise study the 
        efforts of States relating to State laws for mandatory 
        reporting of incidents of child abuse or neglect, in order to 
        assess the implementation of the amendments made by that Act.
            ``(2) Report.--
                    ``(A) In general.--Not later than 4 years after the 
                date of enactment of the Speak Up to Protect Every 
                Abused Kid Act, the Secretary shall submit to the 
                appropriate committees of Congress a report containing 
                the findings of the study under paragraph (1).
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall--
                            ``(i) provide an update on--
                                    ``(I) implementation of State laws 
                                for mandatory reporting described in 
                                section 106(b)(2)(B)(i); and
                                    ``(II) State efforts to improve 
                                reporting on, and responding to reports 
                                of, child abuse or neglect; and
                            ``(ii) include data regarding any changes 
                        in the rate of substantiated child abuse 
                        reports and changes in the rate of child abuse 
                        fatalities since the date of enactment of the 
                        Speak Up to Protect Every Abused Kid Act.''.

SEC. 8. COMMUNITY-BASED GRANTS.

    Section 204 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5116d) is amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(13) an assurance that the State has in effect a State 
        law for mandatory reporting described in section 
        106(b)(2)(B)(i).''.

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act 
takes effect on the date of enactment of this Act.
    (b) Mandatory Reporting Requirements.--The amendments made by 
sections 4, 5(a), 6, and 8 shall apply to the applicable plans and 
applications submitted after the date that is 2 years after the date of 
enactment of this Act.
                                 <all>