Text: S.1483 — 107th Congress (2001-2002)All Bill Information (Except Text)

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Introduced in Senate (10/02/2001)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[S. 1483 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1483

  To amend Family Violence Prevention and Services Act to reduce the 
impact of domestic violence, sexual assault, and stalking on the lives 
of youth and children and to provide appropriate services for children 
and youth experiencing or exposed to domestic violence, sexual assault, 
                              or stalking.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 2, 2001

 Mr. Wellstone (for himself and Mrs. Murray) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend Family Violence Prevention and Services Act to reduce the 
impact of domestic violence, sexual assault, and stalking on the lives 
of youth and children and to provide appropriate services for children 
and youth experiencing or exposed to domestic violence, sexual assault, 
                              or stalking.

    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 ``Children Who Witness Domestic 
Violence Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Domestic violence and sexual assault occur frequently 
        in the United States. 1,500,000 women are raped or physically 
        assaulted by an intimate partner annually in the United States, 
        and 1 in 4 women in the United States will experience domestic 
        violence or sexual assault in her lifetime.
            (2) At least 3,300,000 children in the United States are 
        exposed to parental violence every year.
            (3) Child abuse and domestic violence often occur within 
        the same families. Because of this overlap, cross-training for 
        child welfare workers, courts, law enforcement, prosecutors, 
        and domestic violence and sexual assault victim service 
        providers is essential.
            (4) Forty to 60 percent of men who abuse women also abuse 
        children.
            (5) In 43 percent of households where intimate violence 
        occurs, at least 1 child under the age of 12 lives in the home. 
        Domestic violence has been shown to occur disproportionately in 
        homes with children under age 5.
            (6) In most States, more than 50 percent of the residents 
        in battered women's shelters are children.
            (7) As many as 500,000 children may be encountered by 
        police during domestic violence arrests each year.
            (8) Children who live in homes where domestic violence 
        occurs are at a higher risk of anxiety and depression, and 
        exhibit more aggressive, antisocial, inhibited, and fearful 
        behaviors than other children.
            (9) Children's experiences vary widely as the result of 
        their exposure to domestic violence depending on their family 
        situations, community environment, and the child's own 
        personality. Children need comprehensive services that serve 
        the continuum of their individual needs.
            (10) Adolescents who have grown up in violent homes are at 
        risk for recreating the abusive relationships they have 
        observed. Forty percent of violent juvenile offenders come from 
        homes where there is domestic violence, and 50 percent of 
        children who come before delinquency court have been exposed to 
        violence in the home.
            (11) Men who as children witnessed their parent's domestic 
        violence are twice as likely to abuse their own wives as are 
        sons of nonviolent parents. One-third of women who are 
        physically abused by a husband or boyfriend grew up in a 
        household where their mother was also abused.
            (12) The most successful strategies for dealing with the 
        overlap between domestic violence and child abuse are those 
        that provide for the safety of both the children and the 
        nonabusing parent.
            (13) Recent studies show that battered women parent 
        effectively and attend to their children's needs.
            (14) In a major metropolitan area, 80 percent of surveyed 
        battered women with children reported that they and their 
        children were safe and together as a family after receiving 
        domestic violence advocacy services. In contrast, the rate of 
        substantiated cases of sexual abuse in foster care is more than 
        4 times higher than the rate in the general population.

SEC. 3. PURPOSE.

    The purpose of this Act is to--
            (1) reduce the impact of domestic violence, sexual assault, 
        and stalking in the lives of youth and children;
            (2) provide appropriate services for children and youth 
        experiencing or exposed to domestic violence, sexual assault, 
        and stalking;
            (3) develop and implement education programs to prevent 
        children and youth from becoming victims or perpetrators of 
        domestic violence, sexual assault, or stalking;
            (4) encourage cross training and collaboration among child 
        welfare agencies, domestic violence and sexual assault service 
        providers, courts, law enforcement entities, health care 
        professionals, crisis nurseries, and other social services to 
        recognize and responsibly address domestic violence and sexual 
        assault and the effects of domestic violence on children and 
        youth;
            (5) promote the safety of children and youth by increasing 
        the safety, autonomy, capacity, and financial security of the 
        nonabusing parents who are also victims of domestic violence 
        and sexual assault so that they may remain safely together, 
        thereby preventing the unnecessary and harmful removal of the 
        child or youth from the nonabusing parent; and
            (6) ensure the effective handling of cases where domestic 
        violence or sexual assault and child abuse and neglect 
        intersect in such a way that--
                    (A) holds the adult perpetrator of violence 
                accountable;
                    (B) assures the safety and well-being of both the 
                child and the child's nonabusing parent; and
                    (C) prevents the unnecessary and harmful removal of 
                the child from the nonabusing parent thereby increasing 
                the child's chance to heal.

SEC. 4. DEFINITIONS.

    Section 309 of the Family Violence Prevention and Services Act (42 
U.S.C. 10408) is amended by adding at the end the following:
            ``(1) The term `dating violence' means violence committed 
        by a person--
                    ``(A) who is or has been in a social relationship 
                of a romantic or intimate nature with the victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of--
                            ``(i) the length of the relationship;
                            ``(ii) the type of relationship; and
                            ``(iii) the frequency of interaction 
                        between the persons involved in the 
                        relationship.
            ``(2) The term `domestic violence' includes acts or threats 
        of violence, not including acts of self-defense, committed by a 
        current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabiting with or has cohabited with the victim, by a person 
        who is or has been in a continuing social relationship of a 
        romantic or intimate nature with the victim, by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction, or by any other 
        person against a victim who is protected from that person's 
        acts under the domestic or family violence laws of the 
        jurisdiction.
            ``(3) The term `sexual assault' means any conduct 
        proscribed by chapter 109A of title 18, United States Code, 
        whether or not the conduct occurs in the special maritime and 
        territorial jurisdiction of the United States or in a Federal 
        prison and includes both assaults committed by offenders who 
        are strangers to the victim and assaults committed by offenders 
        who are known to the victim or related by blood or marriage to 
        the victim.
            ``(4) The term `stalking' means engaging in a course of 
        conduct directed at a specific person that would cause a 
        reasonable person to fear death, sexual assault, or bodily 
        injury to such person or a member of such person's immediate 
        family, when the person engaging in such conduct has knowledge 
        or should have knowledge that the specific person will be 
        placed in reasonable fear of death, sexual assault, or bodily 
        injury to such person or a member of such person's immediate 
        family and when the conduct induces fear in the specific person 
        of death, sexual assault, or bodily injury to such person or a 
        member of such person's immediate family.''.

SEC. 5. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.) is amended by adding at the end the following:

``SEC. 320. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.

    ``(a) Grants Authorized.--The Secretary, acting through the 
Director of Community Services of the Administration for Children and 
Families, may award competitive grants to eligible entities to enable 
such entities to conduct programs to serve children who have been 
exposed to domestic violence.
    ``(b) Eligible Grantees.--To be eligible to receive a grant under 
this section, an entity shall--
            ``(1) meet the requirements of section 303(a)(2)(A) or 
        section 303(b)(1); and
            ``(2) have in place, and describe in its application, 
        policies and procedures that--
                    ``(A) enhance or ensure the safety and security of 
                a battered parent or caregiver, and as a result, the 
                child of the parent; and
                    ``(B) ensure that all services are provided in a 
                developmentally appropriate and culturally competent 
                manner.
    ``(c) Use of Funds.--
            ``(1) In general.--An entity that receives a grant under 
        this section shall use amounts provided under the grant to 
        design or replicate, and implement, programs and services using 
        domestic violence intervention models to respond to the needs 
        of children who are exposed to domestic violence and whose 
        parent or caregiver is a victim of domestic violence and who is 
        receiving services from such entity. Such a program--
                    ``(A) shall be a new program or service, or new 
                component of an existing program or service not 
                currently offered by the entity;
                    ``(B) shall provide direct counseling and advocacy 
                for children who have been exposed to domestic 
                violence;
                    ``(C) may include early childhood and mental health 
                services;
                    ``(D) may assist in legal advocacy efforts on 
                behalf of children with respect to issues related 
                directly to services the children are receiving from 
                the program;
                    ``(E) may include respite care, supervised 
                visitation, and specialized services for children; and
                    ``(F) may use not more than 25 percent of the grant 
                funds to contract with others to provide additional 
                services and resources for children including child 
                care, transportation, educational support, respite 
                care, supervised visitation, and access to specialized 
                services for children.
            ``(2) Confidentiality.--Programs developed and implemented 
        under paragraph (1) shall ensure the safety and confidentiality 
        of child and adult victims in a manner that is consistent with 
        applicable Federal and State laws.
    ``(d) Application.--To be eligible to receive a grant under 
subsection (a), an entity shall prepare and submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(e) Term and Amount.--
            ``(1) Term.--The Secretary shall make the grants under this 
        section for a period of not more than 3 fiscal years.
            ``(2) Amount.--Each grant awarded under this section shall 
        be in an amount of not less than $50,000 per year and not more 
        than $300,000 per year.
    ``(f) Evaluation, Monitoring, Administration, and Technical 
Assistance.--Of the amount appropriated under subsection (j) for each 
fiscal year, not more than 4 percent shall be used by the Secretary for 
evaluation, monitoring, administrative, and technical assistance costs 
under this section.
    ``(g) Equitable Distribution.--In awarding grants under subsection 
(a), the Secretary shall ensure an equitable geographic distribution to 
State, local, and tribal programs working in throughout the United 
States in rural, urban, and suburban areas.
    ``(h) Underserved Populations.--In awarding grants under subsection 
(a), the Secretary shall--
            ``(1) consider the needs of underserved populations as 
        defined by section 2003(7) of part T of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
        2); and
            ``(2) from the amounts made available under subsection (j), 
        award not less than 10 percent of such amounts for the funding 
        of tribal programs as defined in section 303(b)(1).
    ``(i) Annual Reports.--An entity receiving a grant under this 
section shall annually submit to the Secretary a report that describes, 
at a minimum--
            ``(1) how the funds under the grant were used;
            ``(2) the extent to which underserved populations were 
        reached;
            ``(3) the adequacy of staff training and agency services to 
        ensure that children's needs are addressed properly;
            ``(4) the adequacy of the physical arrangements for meeting 
        children's needs; and
            ``(5) the existence of continuing barriers the entity faces 
        to more fully addressing children's needs.
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $15,000,000 for each of fiscal years 
        2002 through 2006.
            ``(2) Availability.--Funds appropriated under paragraph (1) 
        shall remain available until expended.''.

SEC. 6. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING 
              DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL 
              CHILDREN.

    Subpart 2 of part A of title IV of the Elementary and Secondary Act 
of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

``SEC. 4125. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING 
              DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL 
              CHILDREN.

    ``(a) Grants Authorized.--
            ``(1) Authority.--The Secretary is authorized to award 
        grants and contracts to elementary schools and secondary 
        schools that work with experts to enable the elementary schools 
        and secondary schools--
                    ``(A) to provide training to school administrators, 
                faculty, and staff, with respect to issues concerning 
                children experiencing domestic violence in dating 
                relationships and witnessing domestic violence, and the 
                impact of the violence described in this subparagraph 
                on children;
                    ``(B) to provide educational programming to 
                students regarding domestic violence and the impact of 
                experiencing or witnessing domestic violence on 
                children;
                    ``(C) to provide support services for students and 
                school personnel for the purpose of developing and 
                strengthening effective prevention and intervention 
                strategies with respect to issues concerning children 
                experiencing domestic violence in dating relationships 
                and witnessing domestic violence, and the impact of the 
                violence described in this subparagraph on children; 
                and
                    ``(D) to develop and implement school system 
                policies regarding appropriate, safe responses 
                identification and referral procedures for students who 
                are experiencing or witnessing domestic violence.
            ``(2) Award basis.--The Secretary shall award grants and 
        contracts under this section--
                    ``(A) on a competitive basis; and
                    ``(B) in a manner that ensures that such grants and 
                contracts are equitably distributed throughout a State 
                among elementary schools and secondary schools located 
                in rural, urban, and suburban areas in the State.
            ``(3) Policy dissemination.--The Secretary shall 
        disseminate to elementary schools and secondary schools any 
        Department of Education policy guidance regarding the 
        prevention of domestic violence and the impact of experiencing 
        or witnessing domestic violence on children.
    ``(b) Uses of Funds.--Funds provided under this section may be used 
for the following purposes:
            ``(1) To provide training for elementary school and 
        secondary school administrators, faculty, and staff that 
        addresses issues concerning elementary school and secondary 
        school students who experience domestic violence in dating 
        relationships or witness domestic violence, and the impact of 
        such violence on the students.
            ``(2) To provide education programs for elementary school 
        and secondary school students that are developmentally 
        appropriate for the students' grade levels and are designed to 
        meet any unique cultural and language needs of the particular 
student populations.
            ``(3) To develop and implement elementary school and 
        secondary school system policies regarding appropriate, safe 
        responses identification and referral procedures for students 
        who are experiencing or witnessing domestic violence.
            ``(4) To provide the necessary human resources to respond 
        to the needs of elementary school and secondary school students 
        and personnel who are faced with the issue of domestic 
        violence, such as a resource person who is either on-site or 
        on-call, and who is an expert.
            ``(5) To provide media center materials and educational 
        materials to elementary schools and secondary schools that 
        address issues concerning children who experience domestic 
        violence in dating relationships and witness domestic violence, 
        and the impact of the violence described in this paragraph on 
        the children.
            ``(6) To conduct evaluations to assess the impact of 
        programs and policies assisted under this section in order to 
        enhance the development of the programs.
    ``(c) Confidentiality.--Policies, programs, training materials, and 
evaluations developed and implemented under subsection (b) shall 
address issues of safety and confidentiality for the victim and the 
victim's family in a manner consistent with applicable Federal and 
State laws.
    ``(d) Application.--
            ``(1) In general.--To be eligible to be awarded a grant or 
        contract under this section for any fiscal year, an elementary 
        school or secondary school, in consultation with an expert, 
        shall submit an application to the Secretary at such time and 
        in such manner as the Secretary shall prescribe.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    ``(A) describe the need for funds provided under 
                the grant or contract and the plan for implementation 
                of any of the activities described in subsection (b);
                    ``(B) describe how the experts shall work in 
                consultation and collaboration with the elementary 
                school or secondary school; and
                    ``(C) provide measurable goals for and expected 
                results from the use of the funds provided under the 
                grant or contract.

SEC. 7. GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD WELFARE 
              AGENCIES, DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICE 
              PROVIDERS, THE COURTS AND LAW ENFORCEMENT AGENCIES.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.), as amended by section 5, is further amended by adding at the end 
the following:

``SEC. 321. GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD WELFARE 
              AGENCIES, DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICE 
              PROVIDERS, THE COURTS, AND LAW ENFORCEMENT AGENCIES.

    ``(a) Purpose.--It is the purpose of this section to--
            ``(1) encourage cross training and collaboration between 
        child welfare agencies and domestic violence and sexual assault 
        service providers and, where applicable, the courts and law 
        enforcement agencies to identify, assess, and respond 
        appropriately to domestic violence or sexual assault in homes 
        where children are present and may be exposed to the violence, 
        to domestic violence or sexual assault in child protection 
        cases, and to the needs of both child and adult victims of 
        domestic violence and sexual assault;
            ``(2) establish and implement policies, procedures, and 
        practices in child welfare agencies, domestic violence or 
        sexual assault service programs and, where applicable, 
        juvenile, family or other trial courts with jurisdiction over 
        child maltreatment and domestic violence cases (referred to in 
        this section as the `courts'), and law enforcement agencies 
        that are consistent with the principles of--
                    ``(A) protecting children;
                    ``(B) increasing the safety and well-being of 
                children, by--
                            ``(i) tending to their immediate and longer 
                        term needs for treatment and support;
                            ``(ii) increasing the safety of parents of 
                        children who are not the perpetrators of 
                        domestic violence and sexual assault (referred 
                        to in this section as the `nonabusing parent');
                            ``(iii) supporting the autonomy, capacity, 
                        and financial security of the nonabusing 
                        parents of children who are also the victims of 
                        domestic violence or sexual assault (referred 
                        to in this section as `adult victims');
                            ``(iv) protecting the safety, security and 
                        well being of the child by preventing the 
                        unnecessary removal of the child from the 
                        nonabusing parent; and
                            ``(v) in cases where removal of the child 
                        is necessary to protect the child's safety, 
                        taking the necessary steps to provide 
                        appropriate services to the child and the 
                        nonabusing parent to promote the safe and 
                        appropriately prompt reunification of the child 
                        with the nonabusing parent;
                    ``(C) recognizing--
                            ``(i) the relationship between child abuse 
                        and neglect, including child sexual abuse, and 
                        domestic violence and sexual assault in 
                        families;
                            ``(ii) the impact of the perpetrator's 
                        behavior on child and adult victims of domestic 
                        violence and sexual assault;
                            ``(iii) the dangers posed to both child and 
                        adult victims of domestic violence and sexual 
                        assault;
                            ``(iv) the physical, emotional, and 
                        developmental impact of domestic violence and 
sexual assault on child and adult victims;
                            ``(v) the physical, emotional, and 
                        financial needs of adult victims of domestic 
                        violence and sexual assault; and
                            ``(vi) the need to hold adult perpetrators 
                        of domestic violence and sexual assault 
                        accountable for their abusive behaviors to 
                        provide appropriate services to reduce risks to 
                        child and adult victims of domestic violence or 
                        sexual assault;
                    ``(D) in the case of training for court personnel 
                and law enforcement, holding adult perpetrators of 
                domestic violence, sexual assault, and child abuse and 
                neglect, not the child and adult victims of domestic 
                violence, sexual assault, and child abuse and neglect, 
                accountable for stopping abusive behaviors; and
            ``(3) increase cooperation and enhance linkages between 
        child welfare agencies, domestic violence and sexual assault 
        service providers, juvenile, family or other trial courts with 
        jurisdiction over child maltreatment and domestic violence 
        cases, and law enforcement agencies to protect and more 
        comprehensively and effectively serve both child and adult 
        victims of domestic violence and sexual assault, and to engage 
        where necessary other entities addressing the safety, health, 
        mental health, social service, housing and economic needs of 
        child and adult victims of domestic violence and sexual 
        assault, including community-based supports such as schools, 
        local health centers, community action groups, and neighborhood 
        coalitions.
    ``(b) Grant Authority.--
            ``(1) In general.--The Secretary shall make grants to 
        eligible entities to enable the entities to jointly carry out 
        cross training and other initiatives to promote collaboration 
        that seeks to carry out the purposes of this section.
            ``(2) Grant periods.--Grants shall be awarded under 
        paragraph (1) for a period of 3 years.
            ``(3) Eligible entities.--To be eligible to receive a grant 
        under this section, a grant applicant shall establish a 
        partnership that--
                    ``(A) shall include--
                            ``(i) a State child welfare agency, an 
                        Indian tribal organization that serves as a 
                        child welfare agency, or a local child welfare 
                        agency; and
                            ``(ii) a domestic violence or sexual 
                        assault service provider, such as--
                                    ``(I) a State, local, or tribal 
                                domestic violence or sexual assault 
                                coalition; or
                                    ``(II) another private non-profit 
                                organization such as a community-based 
                                domestic violence or sexual assault 
                                program that is concerned with domestic 
                                violence or sexual assault and has a 
                                documented history of effective work 
                                concerning domestic violence or sexual 
                                assault and the impact domestic 
                                violence or sexual assault has on 
                                children; and
                    ``(B) may include--
                            ``(i) a State or local juvenile, family, or 
                        other trial court with jurisdiction over child 
                        maltreatment and domestic violence cases; or
                            ``(ii) a State or local law enforcement 
                        agency with responsibility for responding to 
                        reports of domestic violence or sexual assault 
                        or child abuse and neglect.
    ``(c) Uses of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant for cross-
training and collaborative efforts, consistent with the principles 
described in subsection (a)(2), including--
            ``(1) to educate the staff of child welfare agencies and 
        domestic violence and sexual assault service providers, and, as 
        applicable, the staff of courts and law enforcement agencies to 
        responsibly address domestic violence and sexual assault 
        (recognizing it as a serious problem that threatens both its 
        child and adult victims), and to understand--
                    ``(A) domestic violence and sexual assault and 
                their effects on children and adults;
                    ``(B) child abuse and neglect and its effects on 
                children; and
                    ``(C) child welfare policies that affect child and 
                adult victims of domestic violence and sexual assault;
            ``(2) to ensure the effective handling of cases where 
        domestic violence or sexual assault and child abuse and neglect 
        intersect so as to--
                    ``(A) assure the safety and well-being of both the 
                child and the nonabusing parent;
                    ``(B) prevent the unnecessary removal of the child 
                from the nonabusing parent, and, when removal is 
                necessary to protect the child's safety;
                    ``(C) promote the delivery of appropriate services 
                to the child and to the nonabusing parent; and
                    ``(D) facilitate the safe and appropriately prompt 
                reunification of the child with the nonabusing parent 
                through the development and implementation of policies, 
                procedures, and programs that are consistent with the 
                purposes of this section;
            ``(3) to identify and assess, and respond appropriately to, 
        domestic violence or sexual assault in child protection cases 
        and the needs of child victims of abuse and neglect in domestic 
        violence or sexual assault cases;
            ``(4) to ensure that child welfare agencies and domestic 
        violence and sexual assault service providers will not be 
        required to share confidential information with one another 
        about families receiving services except as required by law or 
        with the informed, written consent of the adult victim being 
        served;
            ``(5) to provide appropriate resources in child abuse and 
        neglect cases to respond to domestic violence and sexual 
        assault, including developing a service plan and providing 
        other appropriate services and interventions that ensure the 
        safety of both the child and adult victims of the domestic 
        violence and sexual assault;
            ``(6) to establish and enhance linkages and collaboration 
        between child welfare agencies, domestic violence or sexual 
        assault service providers and, where applicable, State or local 
        juvenile, family, or other trial courts with jurisdiction over 
        child maltreatment and domestic violence cases, law enforcement 
        agencies, and other entities addressing the safety, health, 
        mental health, social service, housing, and economic needs of 
        child and adult victims of domestic violence and sexual 
        assault, including community-based supports such as schools, 
        local health centers, community action groups, and neighborhood 
        coalitions to--
                    ``(i) respond effectively and comprehensively to 
                the varying needs of child and adult victims of 
                domestic violence and sexual assault to prevent child 
                and adult victims from having to turn to child welfare 
                agencies for assistance;
                            ``(ii) include linguistically and 
                        culturally appropriate services and linkages to 
                        existing services; and
                            ``(iii) include at least the following 
                        services where appropriate:
                                    ``(I) Appropriate referrals to 
                                community-based domestic violence 
                                programs and sexual assault victim 
                                service providers with the capacities 
                                to support adult victims of domestic 
                                violence or sexual assault who are 
                                parents of children who have been 
                                abused or neglected or are at risk of 
                                being abused or neglected.
                                    ``(II) Emergency shelter and 
                                transitional housing for adult victims 
                                of domestic violence or sexual assault 
                                and their children.
                                    ``(III) Legal assistance and 
                                advocacy for victims of domestic 
                                violence or sexual assault including, 
                                when appropriate, assistance in 
                                obtaining and entering orders of 
                                protection.
                                    ``(IV) Support and training to 
                                assist parents to help their children 
                                cope with the impact of domestic 
                                violence or sexual assault.
                                    ``(V) Programs to help children who 
                                have been exposed to domestic violence 
                                or sexual assault.
                                    ``(VI) Intervention and treatment 
                                for adult perpetrators of domestic 
                                violence or sexual assault whose 
                                children are the subjects of child 
                                protection cases to promote the safety 
                                and well-being of the children, and 
                                appropriate coordination of such 
                                treatment with the juvenile, family, 
                                and criminal courts, and law 
                                enforcement agencies with which the 
                                perpetrators are involved.
                                    ``(VII) Health, mental health, and 
                                other necessary supportive services.
                                    ``(VIII) Assistance to obtain 
                                housing and necessary economic 
                                supports.
    ``(d) Application.--To be eligible to receive a grant under this 
section, the entities that are members of the applicant partnership 
described in subsection (b)(3), shall jointly submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require. The application shall--
            ``(1) outline the specific training and other activities 
        that will be undertaken under the grant to promote 
        collaboration;
            ``(2) describe how the training and other activities 
        described in subsection (c) will help achieve the purposes of 
        this section;
            ``(3) identify the agencies and providers that will be 
        responsible for carrying out the initiatives for which the 
        entities seek the grant;
            ``(4) include documentation from child welfare agencies and 
        domestic violence and sexual assault victims service providers, 
        and where applicable, State or local juvenile, family, or other 
        trial courts with jurisdiction over child maltreatment and 
        domestic violence cases, and law enforcement agencies that have 
        been involved in the development of the application;
            ``(5) describe the ongoing involvement of child welfare and 
        domestic violence and sexual assault victims service providers 
        (including a description of their roles as subcontractors, and 
        documentation of appropriate compensation, if relevant) and, 
        where applicable, courts and law enforcement agencies, in the 
        development of the training policies, procedures, programs, and 
        practices described in subsection (c)(1); and
            ``(6) provide assurances that activities described in 
        subsection (c) will--
                    ``(A) be provided to child welfare staff, including 
                line staff, supervisors, and administrators, and be 
                provided first to staff responsible for investigation, 
                follow-up, screening, intake, assessment, and provision 
                of services; and
                    ``(B) be conducted jointly with child welfare 
                agency staff, staff from community-based domestic 
                violence programs and sexual assault crisis centers and 
                where applicable, courts and law enforcement agencies;
                    ``(C) comply with the principles described in 
                subsection (a)(2); and
                    ``(D) address--
                            ``(i) the dynamics and lethality of 
                        domestic violence and sexual assault, the 
                        impact of domestic violence and sexual assault 
                        on children exposed to domestic violence and 
                        sexual assault, the impact of domestic violence 
                        and sexual assault on adult victims, and the 
                        relationship of domestic violence and sexual 
                        assault to child abuse and neglect;
                            ``(ii) screening for domestic violence and 
                        sexual assault and assessing danger to the 
                        child and adult victims of domestic violence 
                        and sexual assault;
                            ``(iii) applicable Federal, State, and 
                        local laws pertaining to child abuse and 
                        neglect and domestic violence and sexual 
                        assault;
                            ``(iv) the safety needs of child and adult 
                        victims of child abuse and neglect or domestic 
                        violence, or sexual assault and appropriate 
                        interventions for the child and adult victims 
                        that protect their the safety, including 
                        appropriate services and treatment for children 
                        and the nonabusing parent to prevent the 
                        unnecessary removal of children from the 
                        nonabusing parent, and to promote prompt 
                        reunification if removal becomes necessary of 
                        both types of victims and give appropriate 
                        consideration to preserving the safety of 
                        family members not responsible for the child 
                        abuse or neglect;
                            ``(v) appropriate interventions for adult 
                        perpetrators of domestic violence to reduce the 
                        risk of further violence toward child and adult 
                        victims of domestic violence and sexual assault 
                        which emphasize perpetrator accountability;
                            ``(vi) appropriate supervision of child 
                        welfare staff working with families in which 
                        there has been domestic violence and sexual 
                        assault, including supervision relating to 
                        issues involving the safety of the child and 
                        adult victims and of the staff;
                            ``(vii) the confidentiality needs of the 
                        child and adult victims, consistent with laws 
                        requiring mandatory reporting of child abuse 
                        and neglect; and
                            ``(viii) develop child protection case 
                        plans that recognize the need to protect the 
                        safety of the child and of the adult victim and 
                        to hold adult perpetrators, not victims, 
                        responsible for stopping domestic violence and 
                        sexual assault.
    ``(f) Priority.--In awarding grants under this section, the 
Secretary shall give priority to entities that have submitted 
applications in partnership with State or local juvenile, family, or 
other trial courts with jurisdiction over child maltreatment and 
domestic violence cases, and law enforcement agencies.
    ``(g) Reporting, and Dissemination of Information.--
            ``(1) Reports.--Each of the entities that are members of 
        the applicant partnership described in subsection (b)(3), that 
        receive a grant under this section shall jointly annually 
        prepare and submit to the Secretary a report detailing the 
        activities that the entities have undertaken under the grant 
        and such additional information as the Secretary shall require. 
        At a minimum, such report shall address the nature of the 
        cross-training and other activities to promote collaboration 
        among child welfare agencies, domestic violence or sexual 
        assault service providers, and where applicable, State or local 
        juvenile, family, or other trial courts with jurisdiction over 
        child maltreatment and domestic violence cases and law 
        enforcement agencies that were undertaken with such grants and 
        examples of enhanced collaboration that has occurred to better 
        protect both child and adult victims of child abuse and 
        domestic violence or sexual assault.
            ``(2) Dissemination of information.--Not later then 9 
        months after the end of the grant period under this section, 
        the Secretary shall distribute to all State child welfare 
        agencies, domestic violence or sexual assault victim service 
        providers, and where applicable, State or local juvenile, 
        family, or other trial courts with jurisdiction over child 
        maltreatment and domestic violence cases, law enforcement 
        agencies, and Congress summaries that contain information on--
                    ``(A) the activities implemented by the recipients 
                of the grants; and
                    ``(B) related initiatives undertaken by the 
                Secretary to promote attention by the staff of child 
                welfare agencies, domestic violence or sexual assault 
                service providers and where applicable, courts and law 
                enforcement agencies to domestic violence and sexual 
                assault and their impact on both child and adult 
                victims.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $15,000,000 in each of fiscal 
years 2002 through 2004, and $25,000,000 in each of fiscal years 2005 
and 2006.''.

SEC. 8. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO HAVE BEEN EXPOSED TO 
              DOMESTIC VIOLENCE.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.), as amended by section 6, is further amended by adding at the end 
the following:

``SEC. 322. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO HAVE BEEN 
              EXPOSED TO DOMESTIC VIOLENCE.

    ``(a) Grants Authorized.--The Secretary, acting through the 
Director of Community Services of the Administration for Children and 
Families, may award grants to eligible entities to enable such entities 
to conduct programs to encourage the development and use of multisystem 
intervention models that respond to the needs of children who have been 
exposed to domestic violence.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall--
            ``(1) be a nonprofit private organization;
            ``(2)(A) demonstrate recognized expertise in the area of 
        domestic violence and the impact of domestic violence on 
        children; or
            ``(B) have entered into a memorandum of understanding 
        regarding the intervention program to be established under the 
        grant and the role of the entity in the program with--
                    ``(i) the appropriate State or tribal domestic 
                violence coalition; and
                    ``(ii) entities carrying out domestic violence 
                programs that provide shelter or related assistance in 
                the locality in which the intervention program will be 
                operated and that have an understanding of its effects 
                on children;
            ``(3)(A) demonstrate a recognized expertise in child mental 
        health services; or
            ``(B) have entered into a memorandum of understanding 
        regarding the intervention program to be established under the 
        grant with providers that have expertise in child mental health 
        to ensure that children of all ages have access to appropriate 
        mental health services; and
            ``(4) demonstrate a history of providing advocacy, health 
        care, mental health, or other crisis-related services to 
        children.
    ``(c) Use of Funds.--An entity that receives a grant under this 
section shall use amounts provided under the grant to design or 
replicate, and implement, multisystem intervention models to respond to 
the needs of children exposed to domestic violence. Such activities 
shall--
            ``(1)(A) involve collaborative partnerships with--
                    ``(i) local entities carrying out domestic violence 
                programs that provide shelter or related assistance or 
                have expertise in the field of providing services to 
                victims of domestic violence and an understanding of 
                its effects on children; and
                    ``(ii) other partners including courts, schools, 
                social service providers, health care providers, 
                police, early childhood agencies, entities carrying out 
                Head Start programs under the Head Start Act (42 U.S.C. 
                9831 et seq.), or entities carrying out child 
                protection, welfare, job training, housing, battered 
                women's service, or children's mental health programs; 
                and
            ``(B) be carried out to design and implement protocols and 
        systems to identify, and appropriately respond to the needs of 
        children who have been exposed to domestic violence and who 
        participate in programs administered by the partners;
            ``(2) establish or implement guidelines to evaluate the 
        needs of a child and make appropriate intervention 
        recommendations;
            ``(3) include the development or replication of a mental 
        health treatment model to meet the needs of children for whom 
        such treatment has been identified as appropriate;
            ``(4) establish or implement institutionalized procedures 
        to enhance or ensure the safety and security of a battered 
        parent, and as a result, the child of the parent;
            ``(5) provide direct counseling and advocacy for adult 
        victims of domestic violence and their children who have been 
        exposed to domestic violence;
            ``(6) establish or implement policies and protocols for 
        maintaining the confidentiality of the battered parent and 
        child;
            ``(7) provide community outreach and training to enhance 
        the capacity of professionals who work with children to 
        appropriately identify and respond to the needs of children who 
        have been exposed to domestic violence;
            ``(8) establish procedures for documenting interventions 
        used for each child and family;
            ``(9) establish plans to perform a systematic outcome 
        evaluation to evaluate the effectiveness of the interventions;
            ``(10) ensure that all services are provided in a 
        culturally competent manner; and
            ``(11) provide remuneration to local domestic violence 
        services organizations who are asked to join collaborations.
    ``(d) Application.--To be eligible to receive a grant under this 
section, an entity shall prepare and submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    ``(e) Term and Amount.--A grant awarded under this section shall be 
awarded for a term of 3 years and in an amount of not more than 
$500,000 for each such year.
    ``(f) Technical Assistance.--Not later than 90 days after the date 
of enactment of this section, the Secretary shall identify successful 
programs that provide multisystem and mental health interventions to 
address the needs of children who have been exposed to domestic 
violence. Not later than 60 days before the Secretary solicits 
applications for grants under this section, the Secretary shall enter 
into an agreement with 1 or more entities carrying out the identified 
programs to provide technical assistance to applicants and recipients 
of such grants. The Secretary may use not more than 5 percent of the 
amount appropriated for a fiscal year under subsection (g) to provide 
such technical assistance.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $15,000,000 for each of fiscal years 
        2002 through 2006.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) shall remain available until expended.''.

SEC. 9. CRISIS NURSERY DEMONSTRATION GRANTS PROGRAM.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.), as amended by section 8, is further amended by adding at the end 
the following:

``SEC. 323. CRISIS NURSERY DEMONSTRATION GRANT PROGRAMS.

    ``(a) Authority To Establish Demonstration Grant Programs.--The 
Secretary may establish demonstration programs under which grants are 
awarded to States to assist private nonprofit and public agencies and 
organizations in providing crisis nurseries for children who are abused 
and neglected, are at risk of abuse and neglect, are in families 
experiencing domestic violence, or are in families receiving child 
protective services.
    ``(b) Assurances for Training in Domestic Violence.--
            ``(1) In general.--Private nonprofit and public agencies 
        and organizations who receive funds under this section shall 
        provide assurances to the Secretary that personnel working with 
        children and families in crisis nurseries receive or have 
        received training in domestic violence, the impact of domestic 
        violence on children, appropriate procedures for maintaining 
        the safety and security of victims of domestic violence and 
        their children, and appropriate procedures for maintaining the 
        confidentiality of both child and adult victims of domestic 
        violence utilizing the services of crisis nurseries.
            ``(2) Training requirement.--Training required under 
        paragraph (1) shall be conducted in consultation with State, 
        local, or tribal domestic violence coalitions or other private 
        nonprofit organizations such as a community-based domestic 
        violence program that has a documented history of serving both 
        child and adult victims of domestic violence.
    ``(c) Coordination.--An applicant for a grant under this section 
shall demonstrate how activities funded under this section will be 
coordinated with other crisis nursery activities funded under section 
201 of the Child Abuse Prevention and Treatment Act.
    ``(d) Reporting.--A recipient of a grant under this section shall 
annually report on the crisis nursery activities funded under this 
grant. At a minimum, such a report shall describe--
            ``(1) the number of children and families served through 
        crisis nursery activities established under the grant;
            ``(2) the nature and extent of the crisis nursery 
        activities;
            ``(3) the percentage of children served by the crisis 
        nursery activities established under the grant who are from 
        families experiencing domestic violence;
            ``(4) the type of domestic violence training provided to 
        crisis nursery staff and the nature and extent of training 
        coordination with local domestic violence service providers;
            ``(5) the nature and extent of other Federal and State 
        funding sources used to support the services of the crisis 
        nursery;
            ``(6) the gaps between the service needs of the crisis 
        nursery and the current capacity of crisis nurseries to serve 
        children and families; and
            ``(7) outcome evaluation data on the effectiveness of 
        crisis nursery activities, if available.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $15,000,000 for each of fiscal 
years 2002 through 2006.''.

SEC. 10. RESEARCH AND DATA COLLECTION ON THE IMPACT OF DOMESTIC 
              VIOLENCE ON CHILDREN.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et 
seq.), as amended by section 9, is further amended by adding at the end 
the following:

``SEC. 324. RESEARCH AND DATA COLLECTION ON THE IMPACT OF DOMESTIC 
              VIOLENCE ON CHILDREN.

    ``(a) Grants.--The Secretary, acting through the Assistant 
Secretary for Children and Families, may award competitive grants to 
eligible entities to enable such entities to conduct research and data 
collection activities concerning the impact of domestic violence on 
children.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be an institution of higher education or 
another nonprofit organization (such as a research entity, hospital, or 
mental health institution), with documented experience with research or 
data collection concerning the impact of domestic violence on children.
    ``(c) Use of Funds.--An entity that receives a grant under this 
section shall use amounts provided under the grant to conduct new or 
expand current research or data collection--
            ``(1) on the prevalence of childhood exposure to domestic 
        violence and the effects of the exposure in child and adult 
        victims;
            ``(2) on the co-occurrence of domestic violence, and child 
        abuse or neglect;
            ``(3) on linkages between children's exposure to domestic 
        violence and violent behavior in youth and adults;
            ``(4) that evaluates new or existing treatments aimed at 
        children exposed to domestic violence;
            ``(5) on the prevalence of childhood exposure to domestic 
        violence for Native American children;
            ``(6) on the effects and benefits of keeping children with 
        their nonabusive parent and providing coordinated services to 
        both;
            ``(7) on the role of children's resilience and other 
        factors that help mitigate the effects of exposure to domestic 
        violence; and
            ``(8) on related matters, if the research or data 
        collection directly addresses the impact of domestic violence 
        on children.
    ``(d) Term and Amount.--The Secretary shall award grants under this 
section for terms of 3 years and in amount of not more than $500,000 
for each such year.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $2,000,000 for each of fiscal 
years 2002 through 2004, and $5,000,000 for each of fiscal years 2005 
and 2006.''.
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