[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1351 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1351
To study and prevent child abuse in youth residential programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Merkley (for himself, Mr. Cornyn, Mr. Lujan, Mr. Tuberville, Mr.
Murphy, and Ms. Collins) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To study and prevent child abuse in youth residential programs, 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 ``Stop Institutional Child Abuse
Act''.
SEC. 2. IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN
YOUTH RESIDENTIAL PROGRAMS.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after part I (42 U.S.C. 290jj et seq.) the
following:
``PART J--IMPROVING NATIONAL DATA COLLECTION AND REPORTING FOR YOUTH IN
YOUTH RESIDENTIAL PROGRAMS
``SEC. 596. FEDERAL WORK GROUP ON YOUTH RESIDENTIAL PROGRAMS.
``(a) In General.--The Secretary shall establish the Federal Work
Group on Youth Residential Programs (referred to in this section as the
`Work Group') to improve the dissemination and implementation of best
practices regarding the health and safety (including with respect to
the use of seclusion and restraints), care, treatment, and appropriate
placement of youth in youth residential programs.
``(b) Composition.--
``(1) In general.--The Secretary shall appoint 9
representatives to the Work Group from the Administration for
Children and Families, the Administration for Community Living,
the Substance Abuse and Mental Health Services Administration,
the Department of Education, the Department of Justice, the
Indian Health Service, and the Centers for Medicare & Medicaid
Services.
``(2) Other federal agencies.--The Work Group may include
representatives from other Federal agencies, as the Secretary
determines appropriate, appointed by the head of the relevant
agency.
``(c) Consultation.--In carrying out the duties described in
subsection (d), the Work Group shall consult with--
``(1) child advocates, including attorneys experienced in
working with youth overrepresented in the child welfare system
or the juvenile justice system;
``(2) health professionals, including mental health and
substance use disorder professionals, nurses, physicians,
social workers and other health care providers who provide
services to youth who may be served by residential programs;
``(3) protection and advocacy systems;
``(4) individuals experienced in working with youth with
disabilities, including emotional, mental health, and substance
use disorders;
``(5) individuals with lived experience as children and
youth in youth residential programs, including individuals with
intellectual or developmental disabilities and individuals with
emotional, mental health, or substance use disorders;
``(6) representatives of State and local child protective
services agencies and other relevant public agencies;
``(7) parents or guardians of children and youth with
emotional, mental health, or substance use disorder needs;
``(8) experts on issues related to child abuse and neglect
in youth residential programs;
``(9) administrators of youth residential programs;
``(10) education professionals who provide services to
youth in youth residential programs;
``(11) Indian Tribes and Tribal organizations;
``(12) State legislators;
``(13) State licensing agencies; and
``(14) others, as appropriate.
``(d) Duties.--The Work Group shall--
``(1) develop and publish recommendations regarding a
national database that aggregates data, including process-
oriented data such as length of stay and use of restraints, and
seclusion and outcome-oriented data such as discharge setting
and ability to be safety maintained in school and community at
least 6-months after discharge;
``(2) beginning not later than 2 years after the date of
enactment of the Stop Institutional Child Abuse Act, and every
2 years thereafter, submit to the Secretary and the Committee
on Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate, and the Committee on Education and the
Workforce, the Committee on Energy and Commerce, and the
Committee on Ways and Means of the House of Representatives, a
report containing policy recommendations designed to--
``(A) improve the coordination of the dissemination
and implementation of best practices regarding the
health and safety (including use of seclusion and
restraints), care, treatment, and appropriate placement
of youth in youth residential programs;
``(B) promote the coordination of the dissemination
and implementation of best practices regarding the care
and treatment of youth in youth residential programs
among State child welfare agencies, State Medicaid
agencies, and State mental and behavioral health
agencies; and
``(C) promote the adoption and implementation of
best practices regarding the care and treatment of
youth in youth residential programs among child welfare
systems, licensing agencies, accreditation
organizations, and other relevant monitoring and
enforcement entities;
``(3) develop and utilize risk assessment tools, including
projects that provide for the development of research-based
strategies for risk assessments relating to the health, safety
(including with respect to the use of seclusion and
restraints), and well-being of youth in youth residential
programs;
``(4) support the development and implementation of
education and training resources for professional and
paraprofessional personnel in the fields of health care, law
enforcement, judiciary, social work, child protection
(including the prevention, identification, and treatment of
child abuse and neglect), education, child care, and other
relevant fields, and individuals such as court appointed
special advocates and guardians ad litem, including education
and training resources regarding--
``(A) the unique needs, experiences, and outcomes
of youth overrepresented in youth residential programs;
``(B) the enhancement of interagency communication
among child protective service agencies, protection and
advocacy systems, State licensing agencies, State
Medicaid agencies, and accreditation agencies;
``(C) best practices to eliminate the usage of
physical, mechanical, and chemical restraint and
seclusion, and to promote the use of positive
behavioral interventions and supports, culturally and
linguistically sensitive services, mental health
supports, trauma- and grief-informed care, and crisis
de-escalation interventions; and
``(D) the legal duties of such professional and
paraprofessional personnel and youth residential
program personnel and the responsibilities of such
professionals and personnel to protect the legal rights
of children in youth residential programs, consistent
with applicable State and Federal law;
``(5) improve accessibility and development of community-
based alternatives to youth residential programs;
``(6) provide recommendations for innovative programs
designed to provide community support and resources to at-risk
youth, including programs that--
``(A) support continuity of education, including
removing barriers to access;
``(B) provide mentorship;
``(C) support the provision of crisis intervention
services and in-home or outpatient mental health and
substance use disorder treatment; and
``(D) provide other resources to families and
parents or guardians that assist in preventing the need
for out-of-home placement of youth in youth residential
programs;
``(7) perform other activities, such as activities relating
to development, dissemination, outreach, engagement, or
training associated with advancing least-restrictive, evidence-
based, trauma and grief-informed, and developmentally and
culturally competent care for youth in youth residential
programs and youth at risk of being placed in such programs;
and
``(8) provide recommendations on best practices to convey
Work Group recommendations to States.
``SEC. 596A. DEFINITIONS.
``In this part:
``(1) Child abuse or neglect.--The term `child abuse or
neglect' has the meaning given such term in section 3 of the
Child Abuse Prevention and Treatment Act.
``(2) Culturally competent.--The term `culturally
competent' has the meaning given such term in section 102 of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000.
``(3) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meanings given such
terms in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(4) Protection and advocacy systems.--The term
`protection and advocacy system' means a system established by
a State or Indian Tribe under section 143 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(6) Youth.--The term `youth' means an individual who has
not attained the age of 22.
``(7) Youth residential program.--
``(A) In general.--The term `youth residential
program' means each location of a facility or program
operated by a public or private entity that, with
respect to one or more youth who are unrelated to the
owner or operator of the facility or program--
``(i) provides a residential environment,
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
training or correctional regimes;
``(III) an education or therapeutic
boarding school;
``(IV) a behavioral modification
program;
``(V) a residential treatment
center or facility;
``(VI) a qualified residential
treatment program (as defined in
section 472(k)(4) of the Social
Security Act);
``(VII) a psychiatric residential
treatment program that meets the
requirements of subpart D of part 441
of title 42, Code of Federal
Regulations (or any successor
regulations);
``(VIII) a group home serving
children and youth placed by any
placing authority;
``(IX) an intermediate care
facility for individuals with
intellectual disabilities; or
``(X) any residential program that
is utilized as an alternative to
incarceration for justice involved
youth, adjudicated youth, or youth
deemed delinquent; and
``(ii) serves youth who have a history or
diagnosis of--
``(I) an emotional, behavioral, or
mental health disorder;
``(II) a substance misuse or use
disorder, including alcohol misuse or
use disorders; or
``(III) an intellectual,
developmental, physical, or sensory
disability.
``(B) Exclusion.--The term `youth residential
program' 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 responsibility and that
is licensed and regulated by the State as a
foster family home.''.
SEC. 3. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
STUDY.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall seek to
enter into a contract with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
``National Academies'') to conduct a study to examine the state of
youth in youth residential programs and make recommendations.
(b) Study Components.--Pursuant to the contract under subsection
(a), the National Academies shall, not later than 3 years after the
date of enactment of the Stop Institutional Child Abuse Act, issue a
report informed by the study conducted under such subsection that
includes--
(1) identification of all Federal and State funding sources
for youth residential programs;
(2) identification of Federal data collection sources on
youth in youth residential programs;
(3) identification of existing Federal and State regulation
of youth residential programs, including alternative licensing
standards or licensing exemptions for youth residential
programs;
(4) identification of existing standards of care of
national accreditation entities that provide accreditation or
certification of youth residential programs;
(5) identification of existing barriers in Federal and
State policy for blending and braiding of Federal and State
funding sources to serve youth in community-based settings;
(6) recommendations for coordination by Federal and State
agencies of data on youth in youth residential programs; and
(7) recommendations for the improvement of Federal and
State oversight of youth residential programs receiving Federal
funding.
(c) Definition.--In this section, the term ``youth residential
program'' has the meaning given such term in section 596A of the Public
Health Service Act, as added by section 2.
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