Stop Child Abuse in Residential Programs for Teens Act of 2008

Bill: 110-hr-5876
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2008-04-23 in the House
Policy area: Families
Subjects: Administrative procedure
Alcohol and youth
Child abuse
Child welfare
Children's rights
Civil actions and liability
Congress
Congressional reporting requirements
Crime and Law Enforcement
Criminal justice information
Damages
Department of Health and Human Services
Drug abuse
Drug abuse prevention
Drug abuse treatment
Drugs and youth
Economics and Public Finance
Electronic government information
Emergency medicine
Employee selection
Fines (Penalties)
Government Operations and Politics
Government paperwork
Government publicity
Governmental investigations
Grants-in-aid
Group homes
Health
Housing and Community Development
Identification of criminals
Injunctions
Law
Legal fees
Mental care facilities
Mental health services
Mental illness
Parent and child
Punitive damages
Science, Technology, Communications
Standards
Telephone
Youth services

Summary:
action_date: 2008-04-23
text: 
Stop Child Abuse in Residential Programs for Teens Act of 2008 - Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce. 
 
Defines &quot;covered program&quot; as one not operated by a governmental entity that for children unrelated to the program owner or operator: (1) provides a 24-hour residential environment with specialized education or treatment, therapy, counseling, behavior modification, discipline, rehabilitation, emotional growth services, or related services; and (2) operates with a focus on serving children with emotional, behavioral, or mental health problems or disorders, or problems with alcohol or substance abuse.
 
Directs the Assistant Secretary to: (1) establish a process for conducting unannounced site inspections of each covered program location to determine compliance with such standards; (2) implement an on-going review process for investigating and evaluating reports of child abuse and neglect; (3) establish a national toll-free telephone hotline to receive such complaints; (4) establish civil penalties for violations of standards; and (5) establish a process to ensure that complaints received by the hotline are promptly reviewed by persons with appropriate expertise.
 
Requires the Assistant Secretary to refer any violation of such standards to the Attorney General for appropriate action. Authorizes the Attorney General to file such a complaint on his or her own initiative regardless of whether such a referral has been made.
 
Authorizes a private right of action in a U.S. district court for harm caused by a violation of minimum standards.
 
Amends the Child Abuse Prevention and Treatment Act to establish additional eligibility requirements for grants to states to prevent child abuse and neglect at residential programs. Require such states to develop policies and procedures to prevent child abuse and neglect at covered programs consistent with the standards specified by this Act.

action_date: 2008-05-22
text: 
Stop Child Abuse in Residential Programs for Teens Act of 2008 - (Sec. 3) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce. 
 
Defines &quot;covered program&quot; as one not operated by a governmental entity that for children unrelated to the program owner or operator: (1) provides a residential environment; and (2) operates with a focus on serving children with emotional, behavioral, or mental health problems or disorders, or problems with alcohol or substance abuse.
 
Directs the Assistant Secretary to require each location of a covered program that, individually or together with other locations, has an effect on interstate commerce, to meet certain minimum health and safety standards.
 
 Directs the Assistant Secretary also to: (1) establish a process for conducting unannounced site inspections of each covered program location to determine compliance with such standards; (2) implement an ongoing review process for investigating and evaluating reports of child abuse and neglect; (3) establish civil penalties for violations of standards; (4) establish public websites with information about each covered program, as well as a national toll-free telephone hotline to receive complaints; and (5) establish a process to ensure that complaints received by the hotline are promptly reviewed by persons with appropriate expertise.
 
(Sec. 4) Requires the Assistant Secretary to refer any violation of such standards to the Attorney General for appropriate action. Authorizes the Attorney General to file such a complaint on his or her own initiative regardless of whether such a referral has been made.
 
(Sec. 5) Authorizes a private right of action in a U.S. district court for harm caused by a violation of minimum standards.
 
(Sec. 7) Authorizes appropriations for FY2009-FY2013. 
 
(Sec. 8) Amends the Child Abuse Prevention and Treatment Act to establish additional eligibility requirements for grants to states to prevent child abuse and neglect at residential programs. Requires such states to develop policies and procedures to prevent child abuse and neglect at covered programs consistent with the standards specified by this Act. Authorizes appropriations for FY2009-FY2013. 


Legislative actions:
action_date: 2008-06-24
text: DEBATE - The House proceeded with ten minutes of debate on the Bachmann motion to recommit with instructions. The instructions contained in the motion seek to add an amendment requiring parents or legal guardians to give consent before prescription medication is administered to children. During the course of debate, further proceedings on H.R. 5876 were postponed until a time to be announced.
action_date: 2008-06-24
text: Mrs. Bachmann moved to recommit with instructions to Education and Labor. (consideration: CR H5961-5962; text: CR H5961)
action_date: 2008-06-24
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H5956-5958)
action_date: 2008-06-24
text: The previous question was ordered pursuant to the rule. (consideration: CR H5961)
action_date: 2008-06-24
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5876.
action_date: 2008-06-24
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the George Miller (CA) amendment the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. George Miller (CA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2008-06-24
text: DEBATE - Pursuant to the provisions of H. Res. 1276, the Committee of the Whole proceeded with twenty minutes of debate on the George Miller (CA) amendment.
action_date: 2008-06-24
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5876.
action_date: 2008-06-24
text: The Speaker designated the Honorable Betty McCollum to act as Chairwoman of the Committee.
action_date: 2008-06-24
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1276 and Rule XVIII.
action_date: 2008-06-24
text: Rule provides for consideration of H.R. 5876 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as an original bill for the purpose of amendment. The rule waives all points of order against the amendment in the nature of a substitute except for clause 10 of rule XXI.
action_date: 2008-06-24
text: Considered under the provisions of rule H. Res. 1276. (consideration: CR H5949-5953, H5953-5962; text of measure as reported in House: CR H5956-5958)
action_date: 2008-06-20
text: Rule H. Res. 1276 passed House.
action_date: 2008-06-17
text: Rules Committee Resolution H. Res. 1276 Reported to House. Rule provides for consideration of H.R. 5876 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill shall be considered as an original bill for the purpose of amendment. The rule waives all points of order against the amendment in the nature of a substitute except for clause 10 of rule XXI.
action_date: 2008-05-22
text: Placed on the Union Calendar, Calendar No. 421.
action_date: 2008-05-22
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-669.
action_date: 2008-05-22
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 110-669.
action_date: 2008-05-14
text: Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 16.
action_date: 2008-05-14
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-04-23
text: Referred to the House Committee on Education and Labor.
action_date: 2008-04-23
text: Introduced in House
action_date: 2008-04-23
text: Introduced in House