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111th Congress Report
SENATE
2d Session 111-378
======================================================================
CAPTA REAUTHORIZATION ACT OF 2010
_______
December 18, 2010.--Ordered to be printed
_______
Mr. Harkin, from the Committee on Health, Education, Labor and
Pensions, submitted the following
R E P O R T
[To accompany S. 3817]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 3817) to amend the Child Abuse
Prevention and Treatment Act, the Family Violence Prevention
and Services Act, the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978, and the Abandoned Infants
Assistance Act of 1988 to reauthorize the Acts, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill (as amended) do
pass.
contents
Page
I. Purpose and Summary of the Bill..................................1
II. Background and Need for Legislation..............................2
III. Legislative History and Committee Action.........................3
IV. Explanation of Legislation and Committee Views..................10
V. Cost Estimate...................................................18
VI. Regulatory Impact Statement.....................................20
VII. Legislative Impact..............................................21
VIII.Section-by-Section Analysis.....................................21
IX. Changes in Existing Law.........................................29
I. Purpose and Summary of the Bill
It is the purpose of the CAPTA Reauthorization Act of 2010
to renew, improve, and strengthen the Child Abuse Prevention
and Treatment Act, the Adoption Opportunities Act, the Family
Violence Prevention and Services Act, and the Abandoned Infants
Assistance Act. The bill reauthorizes all programs from fiscal
year 2011 through fiscal year 2015. On September 22, 2010, a
bill to reauthorize these acts was introduced by Senators Dodd,
Harkin, and Enzi. The bill, S. 3817, was referred to the Senate
Committee on Health, Education, Labor, and Pensions. The bill
was passed out of committee on December 1, 2010. The CAPTA
Reauthorization Act of 2010 is intended to strengthen and
support families with children; to protect children from abuse,
neglect and maltreatment; improve services for victims of and
children exposed to domestic violence; improve adoption
assistance; and strengthen assistance for abandoned infants.
II. Background and Need for Legislation
Child abuse and neglect continue to be significant problems
in the United States. Each year an estimated 794,000 children
are victims of child abuse or neglect. In its Child
Maltreatment 2008 report on child abuse and neglect, the U.S.
Department of Health and Human Services reported that, each
year, 141,700 children are seriously injured as a result of
abuse or neglect, 18,000 are severely disabled, and 1,760
children die as a result of abuse or neglect. Children younger
than 6 years of age accounted for 76 percent of child
fatalities and children younger than 1 year of age accounted
for 42 percent of child fatalities.
Approximately 3.3 million referrals concerning the welfare
of about 6 million children were made to Child Protect Services
(CPS) agencies throughout the country in 2008. Of these
referrals, an estimated 1.5 million children were screened-in
for further assessment and investigation. Of this amount,
approximately 794,000 were found to be victims of child
maltreatment, with 71.1 percent suffering from neglect; 16.1
percent from physical abuse; 9.1 percent from sexual abuse; 7.3
percent from psychological maltreatment; 2.2 from percent
medical neglect; and 9 percent from some other form of
maltreatment.
Additionally, there continues to be disproportionate
representation of older, African-American, and disabled
children and youth in foster care. Presently, there are more
than 420,000 children in foster care, and a disproportionate
number of these children are African-American. Despite
representing less than 15 percent of the U.S. population under
the age of 18, African-American children comprise more than 30
percent of the children who were in foster care on the last day
of fiscal year 2009.
Similarly, older youth are disproportionately represented
in the foster care system. Youth age 14 to 17 years represent
23 percent of the national under age 18 population but in 2009
youth ages 14 to 17 represented 30 percent of children in
foster care under age 18. Children and youth with disabilities
are also disproportionally reported in the child welfare
system.
Approximately 2.3 million people each year in the United
States are physically assaulted and/or raped by a current or
former spouse or partner. The effects of that violence are felt
on every level of society. The health-related costs of intimate
partner violence in the United States are $5.8 billion each
year (Centers for Disease Control, 2003) and costs employers
between $3 and $13 billion in lost productivity each year
(Centers for Disease Control, 2003). Men exposed to physical
abuse, sexual abuse, and domestic violence as children are
almost four times more likely than other men to have
perpetrated domestic violence as adults (Journal of
Interpersonal Violence, 2003).
Victims of family violence need several sources of support
to reestablish safety for themselves and their children.
Shelter is critical. Shelters for abused women were first
established in 1975. The number of shelters for domestic
violence victims in the United States has increased
significantly from 4 to over 1,500 and nearly all survivors in
shelters (99 percent) reported they got the help they wanted
with their own safety and safety planning (95 percent)
(National Institutes of Justice, 2008). However, it has been
estimated by the Department of Health and Human Services that
247,000 victims and their children were turned away in 2007-
2008 because shelters were full or programs lacked resources.
Shelters and transitional housing also play a crucial role in
linking victims to appropriate services such as transportation,
counseling, advocacy and other casework assistance. Without
access to such supports, women continue to face the dilemma of
living amidst violence or forgoing their economic livelihood
and a place to live.
One of the most significant negative impacts of domestic
violence is its impact on children. Studies have shown that
child abuse occurs in 30-60 percent of domestic violence cases
in families where there are children (Edleson, 1999).
Approximately 15.5 million children are exposed to domestic
violence each year, according to the Journal of Family
Psychology in 2006. Too often service providers who encounter
children in domestic violence situations are unable to provide
appropriate services to those children. The need for positive
intervention to help children is clear.
Research shows that children who are exposed to domestic
violence are at a greater risk of developing psychiatric
disorders, developmental problems, school failure, violence
against others, and low self-esteem (U.S. Preventive Services
Task Force, 2004.) Research has also clearly concluded that
children from violent homes struggle more in school. They have
higher incidences of impaired concentration, poor school
attendance, being labeled an underachiever, and difficulties in
cognitive and academic functioning. And, according to the
Office of Juvenile Justice and Delinquency Prevention at the
U.S. Department of Justice, as many as 40 percent of violent
juvenile offenders come from homes where there is domestic
violence. Witnessing domestic violence has also been found to
be the best predictor for becoming a perpetrator of domestic
violence as an adult. (Osofsky and Fenichel, 2000).
Accordingly, the committee feels that States as well as
individuals and entities focused on preventing and responding
to these challenges, must have the resources and capacity to do
so.
III. Legislative History and Committee Action
Title I--CAPTA
The first Federal programs specifically designed to address
concerns regarding child abuse and neglect in this country were
authorized under the Child Abuse Prevention and Treatment Act
(Public Law 93-247), enacted in 1974. This legislation provided
Federal financial assistance for identifying, preventing, and
treating child abuse and neglect. The act has since been
amended numerous times to improve the law. The Family Violence
Prevention and Services Act, the Adoption Opportunities Act,
and the Abandoned Infants Assistance Act also get reauthorized
along with the Child Abuse Prevention and Treatment Act
(CAPTA).
The original CAPTA authorized the creation of the National
Center on Child Abuse and Neglect (NCCAN) to help establish the
parameters of the problem and to provide incentives for
developing effective methods of treatment. The act also
authorized demonstration grants and a State grant program for
activities relating to preventing and treating child abuse and
neglect. To be eligible for funding under the State grant
program, States were required to establish systems for
reporting and investigating child abuse and neglect and for
providing immunity from prosecution for persons who report
abuse or neglect.
In 1978, the act was amended by Public Law 95-266, which
extended the programs under the act through fiscal year 1981
and, among other things, expanded NCCAN's grant making
authority. It also required the establishment of research
priorities and provided funds for the prevention and treatment
of child sexual abuse. In response to concerns that Federal
assistance was needed to help facilitate adoption of children,
particularly those whose placement was constrained because they
were older or disabled, the 1978 amendments also authorized
through fiscal year 1981 a new adoption opportunities program
to help eliminate barriers to adoption.
In 1981, CAPTA and the Adoption Opportunities Act were
extended through fiscal year 1983 under the Omnibus Budget
Reconciliation Act (Public Law 97-35), and in 1984, the
programs were extended through fiscal year 1987 under
amendments to the Child Abuse Act (Public Law 98-457). The 1984
amendments expanded NCCAN's responsibilities to include
additional studies. The amendments required, as an additional
criterion for eligibility for the State grant program, that
States implement systems for responding to reports of medical
neglect in cases involving severely disabled newborns. The
amendments also authorized a new State grant program and other
assistance to help States develop and run systems for
responding to reports of medical neglect, including withholding
of medically indicated treatment from disabled infants with
life-threatening conditions. The 1984 amendments also
authorized a new State demonstration program in the area of
family violence prevention and services.
The Child Abuse Prevention Federal Challenge Grants Act was
enacted on October 12, 1984, as Title IV of Public Law 98-473,
the continuing appropriations bill for fiscal year 1985. In
enacting this legislation, the Congress found that, since 1980,
certain States had begun to recognize the critical need for
child abuse prevention efforts and had established Children's
Trust Funds. These State funds were generated by surcharges on
marriage licenses, birth certificates, and divorce actions, or
by special indication on State income tax returns.
At the time, no Federal funds were directed specifically
toward assisting State efforts to prevent child abuse and
neglect. When the legislation was enacted, 20 States had set up
special funds for child abuse prevention. The kinds of programs
supported by these special funding mechanisms ranged from
classes on parenting and coping with family stress to statewide
public education campaigns and special sexual abuse prevention
training for children. The Challenge Grant program was
developed to encourage all States to establish and maintain
funds to support child abuse prevention projects. The number of
States receiving funding under the Challenge Grant program
increased from 33 States in fiscal year 1986, the first year of
appropriations for the program, to 47 States, in fiscal year
1990, which were awarded a total of $4,933,501.
In 1986, CAPTA was amended by provisions of the Children's
Justice and Assistance Act (Public Law 99-401), establishing a
new State grant program for improving the administrative and
judicial handling of child abuse cases, especially those
involving child sexual abuse. Funding for this program is
derived from fines collected from persons convicted of certain
Federal offenses.
In 1988, CAPTA was reauthorized (Public Law 100-294),
extending its programs through fiscal year 1991. The 1988
amendments also established a new interagency task force and a
newly constituted Advisory Board on Child Abuse and Neglect.
The Community-Based Family Resource and Support Grants
(Title II of CAPTA) represent a consolidation and revamping of
a number of programs Congress authorized over the past two
decades. These include the Child Abuse Prevention Challenge
Grants, the Emergency Child Abuse Prevention Services Grants,
the Family Resource and Support Programs, the Temporary Child
Care for Children with Disabilities and Crisis Nurseries
Grants, and the Family Support Program of the McKinney Homeless
Act.
COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS
The Child Abuse Prevention Challenge Grants Reauthorization
Act of 1989 (Public Law 101-126) reauthorized the Challenge
Grants Program through fiscal year 1991 and transferred it to
Title II of CAPTA. This program was administered by NCCAN. The
Child Abuse, Domestic Violence, Adoption, and Family Services
Act of 1992 (Public Law 102-295) modified this program and
changed the name to ``Community-Based Child Abuse and Neglect
Prevention Grants.'' The purpose of this program was to assist
States in supporting child abuse and neglect prevention
activities. States were eligible for grants if they had
established trust funds for the administration of child abuse
prevention activities. Funds were distributed to all such
States based on child population and the amounts of non-Federal
funds collected by States for their trust funds. Between fiscal
year 1991 and fiscal year 1994, funding levels for this program
ranged from $5.4 million to $5.3 million.
EMERGENCY CHILD ABUSE PREVENTION SERVICES GRANTS
The Emergency Child Abuse Prevention Services Grants
program was intended to provide services to children whose
parents were substance abusers. Grants were made directly to
local public and nonprofit organizations to provide these
services. Between fiscal year 1991 and fiscal year 1994,
funding for this program ranged from $19.5 million to $19.0
million.
FAMILY RESOURCE AND SUPPORT CENTERS PROGRAM
In 1990, the Family Resource and Support Centers Program
was established (by Public Law 101-501) to fund States, on a
competitive basis, to establish statewide networks of family
support programs, in collaboration with existing health, mental
health, education, employment and training, child welfare, and
other social services agencies within the State. HHS awarded
three grants of $1.5 million each to Maryland, Virginia, and
Connecticut. Each State took a unique approach to the operation
of this program. One administered it through the State Health
Department, another through the State Education Department, and
the third through a private nonprofit entity. Programs
established under this authority were designed to operate
consistent with the family support philosophy: the basic
relationship between programs and the family is one of equality
and respect; participants are a vital resource; programs are
community-based and culturally and socially relevant to the
families they serve; parent education, information about human
development, and skill building for parents are essential
elements of every program; and programs are voluntary. The
collaborative efforts of these programs resulted in critical
innovations at the State level. These efforts also strengthened
existing comprehensive programs in communities and tested
innovative approaches at the local level. Services provided
included parent education, early childhood development,
outreach, community and social services referrals, housing
assistance, job training, and parenting support, all of which
help prevent child abuse.
1994 CONSOLIDATION
Because the response to the Family Resource and Support
program was so positive, Congress broadened the program and
expanded it to all States in the Human Services Amendments of
1994 (Public Law 103-352). The Human Service Amendments of 1994
consolidated three programs into the new Community-Based Family
Resource Programs, which was placed in Title II of CAPTA. Two
of the consolidated programs had been part of CAPTA: the
Emergency Child Abuse Prevention Services Grants (Section 107A
of CAPTA), and the Community-Based Child Abuse and Neglect
Prevention Grants (Title II of CAPTA). In addition, the 1994
amendments consolidated the Family Resource and Support
Program, which was part of the Claude Pepper Young Americans
Act of 1990 (enacted as Title IX of the Augustus F. Hawkins
Human Services Reauthorization Act of 1990).
These amendments sought to establish and promote statewide
networks of family support programs, using innovative
approaches to blending funds and leveraging additional
resources that were central to the Community-Based Child Abuse
Prevention Grants. These programs were designed to operate with
the same family support philosophy that was embedded in the
Family Resource and Support program.
This program was intended to further enhance the States'
abilities to develop comprehensive networks of family support
programs. The funding was required to supplement, rather than
supplant, other State funding. The program encouraged States to
leverage a broad array of public and private funding for the
development of the networks.
Congress intended that each State would choose an
organization to act as the lead entity. The lead entity may
differ from State to State, but in each State it is the most
appropriate organization to carry out the mission of the
program. The lead entity is required to demonstrate the ability
to work with other State and community-based agencies to
provide training and technical assistance, a commitment to
parental participation in the design and implementation of
family resource programs, the capacity to promote a statewide
network of family resource programs, and the capacity to
exercise leadership in implementing effective strategies for
capacity building, and access to funding for family resource
services across agencies.
The program was included as Title II of the Child Abuse
Prevention and Treatment Act and was authorized for only 1 year
in order to put it on the same reauthorization cycle as the
rest of CAPTA.
In 1996, CAPTA was reauthorized (Public Law 104-235),
extending its authorization through fiscal year 2001. The act
made significant changes to better target abuse and neglect
prevention resources to enhance the ability of States to
respond to actual cases of abuse and neglect, and to
consolidate and coordinate Federal data collection efforts in
order to gain a better perspective on the trends of child abuse
and neglect and find effective methods of prevention and
treatment efforts.
The 1996 amendments to CAPTA rewrote Title II of the act
and renamed it the Community-Based Family Resource and Support
Grants. The act further consolidated a number of small programs
into the new program. The following programs were repealed as
part of the consolidation: Community-Based Family Resource
Programs, the Temporary Child Care for Children with
Disabilities and Crisis Nurseries Grants, and the Family
Support Program (under the McKinney Homeless Assistance Act).
The Keeping Children and Families Safe Act of 2003 (P.L.
108-36) was signed into law on June 25, 2003, reauthorizing
CAPTA and related programs. The 2003 law included provisions
designed to promote increased sharing of information and
expertise between child protective service agencies and
education, health, and juvenile justice systems, to encourage a
variety of new training programs designed to improve child
protection, and to improve communication and collaboration
between child protective services workers and families who are
part of a child abuse and neglect investigation. The law also
included for-profits among the groups that may seek
demonstration grant funds and receive technical assistance for
programs related to treating or preventing child maltreatment.
Additionally it required States that seek Basic State Grant
Funds under CAPTA to meet a number of new assurances to be
eligible for this funding.
The Keeping Children and Families Safe Act of 2003 also
reauthorized and increased the funding authority for two
related programs: Adoption Opportunities and Abandoned Infants
Assistance through 2008. A number of the changes in the
Adoption Opportunities program were intended to eliminate
barriers to the adoption of children across State and other
jurisdictional boundaries.
The HELP Subcommittee on Children and Families held a
hearing entitled ``Protecting Children, Strengthening Families:
CAPTA Reauthorization'' on June 26, 2008. At this hearing,
committee members learned from the Centers for Disease Control
and Prevention that children who experience abuse or neglect
are at risk for future health problems and experience high
rates of post-traumatic stress disorder, depression, isolation,
self-destructive behaviors and comorbid problems including the
use of tobacco, drugs, and alcohol, and neurological
impairments. The committee also heard testimony from Karen
Foley-Schain, Executive Director of the Connecticut Children's
Trust Fund about Title II of CAPTA, Community-Based Grants for
the Prevention of Child Abuse and Neglect; Caren Kaplan,
Director of Child Protection Reform at the American Humane
Association about differential response; and Tanya Long, a
parent with Parents Anonymous' Inc. about how CAPTA
services had helped her personally and about the importance of
empowering parents.
Title II--Adoption Opportunities Act
The Adoption Opportunities Act was originally enacted in
1978 to encourage and provide for stable, supportive, and
ultimately permanent homes for children and youth in the child
welfare system.
More recent reauthorizations have worked to further reduce
barriers to adoption including through the use of better data
collection and management processes; providing training and
support to prospective adoptive parents and families; and most
recently, on targeting assistance toward groups
disproportionately represented in the child welfare system.
Title III--Abandoned Infants Assistance Act
The Abandoned Infants Assistance Act was first passed in
1988 and authorizes demonstration grants to public and private
nonprofit agencies for activities that prevent the abandonment
of infants. The act provides for activities that identify and
address the needs of abandoned infants, recruit and train
foster families for abandoned children, provide residential
care for infants and young children who cannot live with their
families or be placed in family foster care, provide respite
care for families and foster families, and recruit and train
health and social services personnel to work with abandoned
children. In selecting grantees, HHS must give priority to
applicants in States that have procedures for expedited
termination of parental rights and adoptive placement for
infants who are determined under State law to be abandoned.
The Abandoned Infants Assistance Act Amendments of 1991
(P.L. 102-236) extended the Abandoned Infants Act through
fiscal year 1995 and authorized new residential service centers
to provide support to infants, and young children and their
natural, foster, and adoptive families.
In 1996, the Abandoned Infants Assistance Act was
reauthorized alongside of CAPTA by (Public Law 104-235). The
act directed the Secretary to give priority in making grants to
applicants in States that have developed and implemented
proceedings for expedited termination of parental rights and
placement for adoption of infants determined to be abandoned
under State law.
The Keeping Children and Families Safe Act of 2003 (P.L.
108-36) reauthorization required grantees to ensure that
priority for their services was given to abandoned infants and
young children who have life threatening illness or other
special needs (while also continuing the prior law priority for
abandoned infants and young children who are HIV-infected,
perinatally exposed to HIV, or perinatally drug-exposed). The
2003 law also required HHS to conduct a study of the scope of
abandonment of infants and young children in the Nation and it
required HHS to evaluate and report on effective methods of
intervening to prevent abandonment of children and to better
serve abandoned children.
Title IV--Family Violence Prevention and Services Act
The Family Violence Prevention and Services Act (P.L. 98-
457) was enacted in 1984 to assist States and Indian tribes to
prevent family violence, to provide immediate shelter for
victims of family violence and their dependents, and to provide
technical assistance and training relating to family violence
programs. The programs under the act were administered by the
Administration for Children, Youth, and Families of the
Department of Health and Human Services. The act authorized
three grant programs: (1) demonstration grants to States (and
Indian tribes) for prevention programs, shelters and related
assistance; (2) law enforcement training and technical
assistance grants for regionally based programs; and (3)
information and training grants to foster cooperation between
law enforcement agencies, domestic violence shelters, social
service agencies and hospitals.
The 1984 Family Violence Prevention and Services Act also
authorized a national information and research clearinghouse on
the prevention of family violence (including the abuse of
elderly persons) and a family member abuse information and
documentation project to provide for objective documentation of
data on the victims of family violence.
The Violent Crime Control and Law Enforcement Act of 1994
amended the FVPSA to authorize a grant for the operation of a
national toll-free telephone hotline to provide information and
assistance to victims of domestic violence. The amendments also
authorized appropriations for battered women's shelters, as
well as for the selection, implementation, and evaluation of
four model programs to educate youth about domestic violence
and violence among intimate partners.
Other changes set forth by Subtitle B of the Violence
Against Women Act (VAWA) include the requirement that grant
applications incorporate a plan to address the needs of
underserved populations and that State grantees file a report
explaining and assessing the activities funded by the grants.
Additionally, the VAWA provided for the continued support of
grants to nonprofit private organizations to provide training
and technical assistance and foster collaborations among
governmental systems that impact battered women.
FVPSA also authorized the Domestic Violence Prevention
Enhancement and Leadership and Leadership Through Alliances
(DELTA) program, which provides grants to nonprofit private
organizations that coordinate community projects for
intervening and preventing domestic violence.
The 2003 reauthorization made minor changes to the law and
required HHS to support demonstration programs providing
services to children who witness domestic violence and
providing training for those who work for these children, if
sufficient funds were made available.
IV. Explanation of Legislation and Committee Views
Reauthorizing CAPTA, FVPSA, the Abandoned Infants
Assistance Act, and the Adoption Opportunities Act are critical
steps in helping communities better meet the needs of abused
and neglected children as well as adult victims of abuse,
neglect and maltreatment. Accordingly, this reauthorization
enables States to provide high-quality prevention services to
reduce abuse and neglect and better address the unique needs of
at-risk populations, including children with disabilities and
members of minority and ethnic groups.
Consistent with these efforts, through this reauthorization
the committee has three primary goals: (1) to improve data
collection to improve program operation over time; (2) to
improve systems for training and supporting individuals who
identify, prevent, and respond to reports of abuse, neglect,
and maltreatment; and (3) to strengthen coordination among
service providers working to address the challenges associated
with child abuse, neglect, and maltreatment as well as domestic
violence and dating violence.
Each of these enhancements will improve systems for
training and supporting individuals charged with identifying,
preventing, and responding to reports of incidence of abuse,
neglect, and maltreatment; stronger coordination among service
providers; and a renewed focus on the need to respond to the
conditions that lead to abuse, neglect, and maltreatment.
Title I--Child Abuse Prevention and Treatment Act
NON-ABUSING PARENT AND CHILD EXPOSURE
Section 104(a), 105(a), 106(a), 206(a)
The committee is aware of circumstances in which a non-
abusing parent or caregiver, who is a victim of domestic
violence, is assumed, for the intent of a Child Protective
Services (CPS) evaluation of the child's safety, to be abusing
or neglecting his or her child due to such child's exposure to
domestic violence. The committee believes that this is not in
keeping with best practices, and that it is not always in the
child's best interest to make such a determination based on
those factors.
According to the New York State Court of Appeals' finding
in Nicholson v. Scoppetta (2004), a State agency may not find
``a respondent parent responsible for neglect based on evidence
of two facts only: that the parent has been the victim of
domestic violence, and that the child has been exposed to that
violence.'' Treating a non-abusing parent as a perpetrator of
child abuse or neglect often results in the separation of a
child from the non-abusing parent. Research has shown that this
separation can be harmful to the child. In 2004 Dr. David
Pelcovitz of Yeshiva University stated that ``taking a child
whose greatest fear is separation from his or her mother and in
the name of `protecting' that child by forcing on them, what is
in effect, their worst nightmare . . . is tantamount to pouring
salt on an open wound.''
The committee therefore encourages State child protective
service systems to work with domestic violence service
providers to identify best practices in early intervention
measures that address the needs of children exposed to domestic
violence and their non-abusing parents.
Section 105(a)
The committee encourages States to use funding under this
section for grants to nonprofit and public organizations for
programs that train non-offending adults in prevention,
recognition, and response to child sexual abuse. The committee
encourages such prevention programs to be evidence-based.
DIFFERENTIAL RESPONSE
Differential response is a State or community-determined
formal response that assesses the needs of the child or family
without requiring a determination of risk or occurrence of
maltreatment. Such response occurs in addition to the
traditional investigatory response.
The committee intends that the Secretary of Health and
Human Services not proscribe by regulation or guidance a
specific practice or narrowing of acceptable practices for
differential response. Given the dissatisfaction with
traditional Child Protective Services (CPS) practices and the
growing recognition of the importance of engaging families to
improve parenting practices, the committee intends to encourage
States to use the differential response model, also known as
``dual tracking,'' ``system of care,'' ``multiple track,'' or
``alternative response.'' These models are viewed as effective
practices to allow for more than one method of response to
reports of child abuse and neglect.
The committee understands that states greatly vary in their
definition and implementation of differential response, and the
committee does not intend for the definition of differential
response to limit child protection reforms across State and
county systems. The committee intends to encourage States, as
best fits their needs, to utilize some or all of the core
elements that distinguish differential response models from the
traditional CPS models. The core elements are the field's best
attempt to define a true differential response model and
distinguish the true model from what some States may define as
differential response but may lack some of these core elements.
Core elements that have been identified by the 2006
National Study of Differential Response in Child Welfare
include:
(1) the use of two or more discrete responses to
reports of maltreatment that are screened in and
accepted by the child protection agency for response;
(2) pathway assignment determined by a variety of
factors that may include presence of imminent danger,
level of risk, the number of previous reports, among
others;
(3) pathway assignment is flexible and can be changed
with additional information;
(4) ability of families who receive a non-
investigatory response to accept or refuse to
participate in differential response;
(5) voluntary services for families who receive a
non-investigatory response, as long as safety of child
is not compromised;
(6) establishment of discrete responses is codified
in State statute, protocols, and policies;
(7) no formal determination, such as substantiation
or finding of abuse or neglect, that child maltreatment
has occurred is necessary for differential response;
and
(8) a differential use of the central registry,
depending on the type of response so that there is no
identification of individuals served through a
noninvestigation family assessment.
The committee acknowledges the differential response model
in Minnesota as a well-researched and implemented model.
Minnesota's program focuses on the importance of building a
culture of organizational change that rewards innovation. In
lieu of an adversarial relationship with families, Minnesota's
county public child protection and community-based agencies
form partnerships with families who come to the attention of
child protective services in order to be most responsive in the
identification and delivery of needed services.
A 2004 longitudinal evaluation of the Minnesota
``alternative response'' model concluded that child safety was
not compromised and that the safety of children improved when
the alternative response model was used. Families who received
the alternative response pathway were less likely to have new
reports of child maltreatment reports when compared to the
control families in the study who received the traditional
investigation process. In addition, families more often
reported that they were treated in a friendly and fair manner,
that CPS workers listened to them, that they were involved in
decisionmaking and case planning, and that they felt that they
had benefited from the intervention.
DISCLOSURE OF INFORMATION ON CHILD FATALITIES AND NEAR FATALITIES
The committee believes that the duty of child protective
services, required in CAPTA Sec. 106(b)(2)(x), to provide for
the mandatory public disclosure of information about a case of
child abuse or neglect which has resulted in a child fatality
or near fatality ensures improved accountability of protective
services and can drive appropriate and effective systemic
reform. However, the committee is aware that not all States are
in compliance with these CAPTA requirements. The committee
calls upon the Secretary of Health and Human Services to
develop clear guidelines in the form of regulations instructing
the States of the responsibilities under CAPTA to release
public information in cases of child maltreatment fatalities
and near fatalities, and to provide technical assistance to
States in developing the appropriate procedures for full
disclosure of information and findings in these cases.
CROSS-JURISDICTION
Child maltreatment does not respect State lines. Given the
mobility of our society, it is not unusual for an incident of
maltreatment to occur in a State other than the one which the
child or perpetrator resides. Testimony before the U.S. House
of Representatives indicates that interstate jurisdictional
complications can arise and may result in legitimate child
abuse cases being screened out solely on a technicality.
Congress recognizes that no incident of child maltreatment
should go ignored simply due to such complications and
encourages the Secretary to examine this important issue to
ensure abused children are not being ignored for bureaucratic
reasons. Rather what is most important is protecting children.
The Congress has added important provisions to CAPTA to help
address this issue assisting States with conducting research
and requiring them to consider developing recommendations which
address concerns involving reports with a potential combination
of jurisdictions.
REPORTING
The committee amended section 106(b)(2)(A)(i) to codify
Regulation 1340.14, a long-standing regulation that requires
States, as a condition of eligibility for CAPTA funds, to have
a law mandating reporting by specified individuals of known and
suspected instances of child abuse and neglect. It would be the
responsibility of each State to identify the categories of
individuals who would be subject to such reporting
requirements. This regulation also requires by statute or
administrative procedure that all other persons are permitted
to report known and suspected instances of child abuse and
neglect to a child protective agency or other properly
constituted authority. The committee does not intend for this
amendment to alter the interpretation of the existing
regulation.
Sec. 110. Reports
The committee is concerned by reports of lawsuits filed
against professionals who cooperate or assist with the filing
of a mandatory report or provide consultation services to
health care providers, investigators, child welfare agencies,
or law enforcement. CAPTA requires each State to have a law
protecting mandatory reporters who act in good faith from
prosecution under State and local laws. However, this provision
does not protect non-reporting professionals involved with
child maltreatment investigation. Washington State has amended
its legal codes to extend protection from prosecution to
professionals who consult with mandatory reporters on child
abuse cases. The committee directs the Secretary to conduct a
study, in consultation with experts in the provision of
healthcare, education, law enforcement, and local child welfare
administration, that examines how provisions for immunity from
prosecution under State and local laws and regulations
facilitate and inhibit individuals from cooperating,
consulting, or assisting in making good faith reports,
including mandatory reports, of suspected or known instances of
child abuse or neglect, including mandatory reports. Within 1
year of the date of enactment, the committee directs the
Secretary to make recommendations for statutory or regulatory
changes the Secretary determines appropriate.
Sec. 113. Rule of Construction
The committee believes the Rule of Construction, should not
be interpreted to discourage the reporting of incidences of
child abuse or neglect to child protective services, nor to
exempt any child from State reporting requirements. [The
committee also believes the rule of construction in section 113
as written in current law should be enforced.]
Section 119. Definition of child abuse and neglect
In 1996, the Federal definition of ``child abuse and
neglect'' in CAPTA was amended to include the words ``serious''
and ``recent'' as modifiers of findings of child maltreatment.
According to the Senate report (S. Report 104-117), this change
was made to set a clear Federal minimum standard for States to
define child abuse and neglect. Also according to the committee
report, ``In using the word ``recent'' as a qualifier to
parental action or inaction which constitute child
maltreatment, the committee does not intend that States should
limit their authority in situations where past evidence may
suggest that children are still at risk.'' The committee
continues to support that interpretation of the word ``recent''
for the purposes of this definition.
Since the 1996 reauthorization, many States have maintained
or expanded their State definitions and practices to allow
State child protective systems and others to focus on early
intervention in the protection of children who have been
maltreated or are at risk of more serious abuse or neglect. In
approximately 38 States and American Samoa, Guam, the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands, the
definition of abuse also includes acts or circumstances that
threaten the child with harm or create a substantial risk of
harm to the child's health or welfare.
Florida, for example, has a definition for ``physical
abuse'' that references threatened acts and acts that are
likely to cause a child's physical, mental, or emotional health
to be significantly impaired which could allow for early
intervention services in the protection of children. Florida's
definition of ``physical abuse'' is:
``Abuse means any willful act or threatened act that
results in any physical, mental, or sexual injury or
harm that causes or is likely to cause a child's
physical, mental, or emotional health to be
significantly impaired. Abuse of a child includes acts
or omissions. Harm to a child's health or welfare can
occur when a person: inflicts or allows to be inflicted
upon the child physical, mental, or emotional injury,
purposely gives a child poison, alcohol, drugs, or
other substances that substantially affect the child's
behavior, motor coordination, or judgment or that
result in sickness . . . (Ann. Stat. Sec. 39.01)''
Alabama, defines physical abuse to mean ``harm or
threatened harm to the health or welfare of a child through:
Nonaccidental physical injury; Sexual abuse or attempted sexual
abuse; Sexual exploitation or attempted sexual exploitation.''
Ala. Code Sec. 26-14-1(1)-(3).
Iowa considers child abuse or neglect to mean ``any
nonaccidental physical injury, or injury that is at variance
with the history given of it, suffered by a child as the result
of acts or omissions of a person responsible for the care of
the child.'' Ann. Stat. Sec. 232.68.
Michigan defines child abuse to mean ``harm or threatened
harm to a child's health or welfare that occurs through
nonaccidental physical or mental injury, sexual abuse, sexual
exploitation, or maltreatment by a parent, a legal guardian, or
any other person responsible for the child's health or welfare
or by a teacher, a teacher's aide, or a member of the clergy.''
Additionally, severe physical injury means ``an injury to the
child that requires medical treatment or hospitalization and
that seriously impairs the child's health or physical well-
being.'' Comp. Laws Sec. Sec. 722.622; 722.628(3)(c).
In Washington abuse or neglect means ``the injury of a
child by any person under circumstances that cause harm to the
child's health, welfare, or safety, or the negligent treatment
or maltreatment of a child by a person responsible for or
providing care to the child.'' Rev. Code Sec. Sec. 26.44.020;
26.44.030; 9A.16.100.
As in prior years, the most recent annual U.S. Department
of Health and Human Services' Child Maltreatment report from
2008 shows that neglect cases comprise the majority of
maltreatment reports nationwide. In the 2008 report, 70 percent
of the victims suffered neglect, more than 15 percent of the
victims suffered physical abuse, and less than 10 percent of
the victims suffered from psychological maltreatment.
Child neglect, particularly chronic neglect, is a difficult
issue for child welfare workers and other mandatory reporters
to discover because the multiple, chronic, and long-term
problems that occur are not compatible with the short-term,
crisis-oriented approaches of the incident-driven system.
The committee recognizes that the most insidious
maltreatment--the cumulative harm to the child who experiences
chronic neglect--can harm the development of the brains of
infants and small children and impair cognitive and sensory
growth. The unremitting daily impact of these experiences on
the child can be profound and exponential, and diminish a
child's sense of safety, stability and well-being.
Although the committee makes no changes to the Federal
definition of neglect, the committee encourages States to
carefully examine their State laws, policies, practices, and
procedures to ensure that children are protected from abuse and
neglect.
The committee also recognizes that child protective
agencies are increasingly focused on providing preventive
services and the use of differential response to better address
the needs of families and children for support and assistance.
Accordingly, the committee encourages the Secretary to work
closely with States in providing best practices, technical
assistance, and guidance on how best to develop differential
response systems so that more preventative services can be
offered by States to help reduce the incidence of child abuse
and neglect, advance the knowledge base on how best to
intervene appropriately in cases of neglect, and respond
thoughtfully to the needs of children and families involved in
these circumstances.
Section 106(b)(2)(A)(xviii) and (xix)
In the 2003 reauthorization of CAPTA (P.L. 108-36),
Congress added a number of provisions aimed at ensuring that
State child welfare systems use best practices that incorporate
representatives of the child protective service system
respecting the legal rights of children and families, while
continuing to ensure the safety of children. Section
106(b)(2)(A)(xviii) and (xix) required States, as a condition
for eligibility of CAPTA funds, to have procedures and
provisions such that representatives of child protective
services agencies advise individuals of the complaints or
allegations made against them (in a manner consistent with laws
protecting the rights of the informant) as well as specific
training for such representatives regarding their legal duties
in order to protect the ``legal rights and safety of children
and families from the initial time of contact during
investigation through treatment.'' P.L. 108-36 also authorized
the Secretary, under section 105(a)(1) to make grants for the
training of personnel in best practices that promote
collaboration with families from the initial contact as well as
training of personnel regarding their legal duties to protect
the legal rights of children and families. The committee
continues to believe that investigations can be traumatic and
disruptive to children and families, and while they are
essential for ensuring a child's safety, care should be taken
to limit the trauma children and families undergo during these
investigations.
Section 201
The committee encourages States to use funding under this
section to offer training for child protective services
personnel in best practices to prevent, recognize and react
responsibly to child sexual abuse, and that such programs be
evidence-based.
Title II--Adoption Opportunities Act
DISPROPORTIONATE REPRESENTATION OF AFRICAN-AMERICAN AND OLDER CHILDREN
IN THE FOSTER CARE SYSTEM
The committee is aware of the disproportionate
representation of older children, African-American children,
and children with disabilities in foster care throughout the
country. The committee encourages States and localities to take
appropriate steps to meet this critical challenge and provide
better opportunities for these children to find stable and
supportive homes.
Presently, there are more than 420,000 children in foster
care and a disproportionate number of these children are
African-American. Despite representing less than 15 percent of
the U.S. population under the age of 18, African-American
children comprise more than 30 percent of the children who were
in foster care in 2009. According to the U.S. Department of
Health and Human Services, of the 420,000 children in foster
care in 2009, 40 percent were white and 30 percent were black;
however, of the 276,000 children who exited foster care during
fiscal year 2009, 43 percent were white and only 27 percent
were black. Additionally, 38 percent of the children in foster
care who were waiting to be adopted were white and 30 percent
were black, but just 25 percent of children adopted with public
child welfare agency involvement during fiscal year 2009 were
black, while 44 percent were white.
Similarly, older youth are disproportionately represented
in the foster care system. Youth 14 to 17 years of age
represent 23 percent of the national under age 18 population,
but in 2009 of the children in foster care under age 18, 30
percent were 14 to 17 years of age. Youth in that age group
represented just 7 percent of the children adopted from the
public foster care system in 2009. Further, the number of
children who ``emancipate'' from foster care--that is, leave
State foster care custody due to reaching the age of majority
rather than placement with a permanent family--grew from a
little more than 20,000 in 2000 to more than 29,000 in 2009.
Generally, teenagers are less likely to be adopted or placed
with relatives as they get older and are more likely to run
away and exit by reaching the age of majority or some other
pathway, such as independent living. Accordingly, the committee
believes that States, as well as State and local agencies,
should work to ensure that every child has access to permanent,
continuous, and nurturing relationships with caring adults. The
committee encourages State systems and local providers to work
to increase the permanency of African-American children, older
children, and children with special needs.
Title IV--Family Violence Prevention and Services Act
RACIAL AND ETHNIC MINORITIES, SECTION 302(A)(9)
The committee recognizes that the term ``underserved
populations'' includes racial and ethnic minority groups that
have unique cultural and linguistic needs. In order to meet the
need for services in these communities, family violence
services are often provided by programs other than traditional
domestic violence service providers, either through
partnerships or referrals to specialized providers. The
committee believes that when services are not available through
the traditional service provider, the use of partnerships is a
vital way to serve all victims of domestic violence. Because
these specialized providers are such an important component of
a comprehensive family violence service and prevention system,
it is the committee's intent that these programs continue to be
eligible for FVPSA grant funding.
CULTURALLY APPROPRIATE SERVICES, SECTION 308(B)(2)(E)
The committee intends that services provided by the State
respond to the needs of racial and ethnic minorities, including
through the provision of culturally and linguistically
appropriate services for such populations.
CHILD EXPOSURE TO DOMESTIC VIOLENCE, SECTION 312
The committee intends that children who are exposed to
domestic violence are eligible to receive services under FVPSA
that respond to the effects of exposure, including those
provided in coordination with services for non-abusing parents
or caretakers and targeted domestic violence prevention
activities. According to the American Journal of Health and
Behavior, Is Adolescent Sibling Violence a Precursor to College
Dating Violence? (2003), and the Journal of Interpersonal
Violence, Violent Childhood Experiences and the Risk of
Intimate Partner Violence in Adults (2008), adolescent girls
exposed to domestic violence are significantly more likely than
their non-exposed peers to become victims of domestic violence,
and adolescent boys exposed to domestic violence are four times
more likely than their non-exposed peers to perpetrate domestic
violence.
RELIGIOUS AND FAITH-BASED COMMUNITIES, SECTION 302(A)(9)
The committee intends that all victims of domestic violence
have access to immediate emergency shelters and supportive
services. Many religious and faith-based communities provide
immediate emergency shelter as part of their outreach mission,
and the committee encourages domestic violence service
providers to continue to work with these providers in their
geographic region to ensure that all victims have access to
immediate emergency shelter and supportive services.
COORDINATED COMMUNITY RESPONSE, SECTION 314
The committee intends that ``coordinated community
response'' means an organized effort, such as a task force,
coordinating council, or coalition of entities operating in a
defined geographical area, representing an array of service
providers responding to the needs of domestic violence
populations in such area. The purpose of a ``coordinated
community response'' is to prevent domestic violence and
coordinate services to victims of domestic violence and their
families by integrating strategies and services through
increased communication, cooperation, and coordination of
participants and providers. Participating entities can include
law enforcement agencies, advocacy organizations, health care
providers, child protection services, and other private and
public entities. Coordination helps to ensure that the system
works optimally; victims are protected and receive the services
they need; perpetrators are held accountable and cease their
abusive behavior; and communities become engaged in efforts to
change the social norms and attitudes that contribute to
domestic violence.
NON-ABUSING PARENT, SECTIONS 308, 312
Parents who are abused often face stigma or a lack of
understanding about their needs and the needs of their
children. In some cases, parents who have been abused have, in
an overabundance of caution, subsequently been accused of
abusing, neglecting, or mistreating their children. According
to the Bureau of Justice Assistance of the U.S. Department of
Justice, over 50 percent of female victims of domestic violence
live in households with at least one child under the age of 12.
Furthermore, according to the National Council of Juvenile and
Family Court Judge's Green Book (1999), the goal in all
incidents of domestic violence should be to create safety,
enhance well-being, and provide stability for the victims of
such violence and their dependents.The Green Book states that,
in order to preserve these goals, it is in the best interest of
the dependent and the victim to keep children with their non-
abusing parents. Accordingly, the committee believes that
States and State agencies should take into account current best
practices when intervening in a violent situation in order to
reduce stigma and ensure that the best interests of the child
are fully met.
V. Cost Estimate
Hon. Tom Harkin,
Chairman, Committee on Health, Education, Labor, and Pensions
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3817, the CAPTA
Reauthorization Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jonathan
Morancy.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3817 would authorize appropriations for 2011 through
2015 and amend the following four statutes dealing with child
welfare.
The Child Abuse Prevention and Treatment
Act,
The Family Violence Prevention and Services
Act,
The Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978, and
The Abandoned Infants Assistance Act of
1988.
CBO estimates that implementing the bill would cost about
$2 billion over the 2011-2015 period, assuming appropriation of
the estimated amounts. Pay-as-you-go procedures do not apply to
this legislation because it would not affect direct spending or
revenues.
S. 3817 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3817 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
-------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONChild Abuse Prevention and Treatment:
Estimated Authorization Level....................... 202 204 207 211 215 1,039
Estimated Outlays................................... 69 168 197 202 206 842
Family Violence Prevention and Services:
Authorization Level................................. 185 185 185 185 185 925
Estimated Outlays................................... 63 153 177 179 179 751
Adoption Reform:
Estimated Authorization Level....................... 40 41 41 42 43 207
Estimated Outlays................................... 14 34 39 40 41 168
Abandoned Infants Assistance:
Estimated Authorization Level....................... 45 46 48 51 55 245
Estimated Outlays................................... 15 38 45 47 50 195
Total Changes:
Estimated Authorization Level....................... 472 476 481 489 498 2,416
Estimated Outlays................................... 161 393 458 468 476 1,956
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For the purposes of this estimate, CBO
assumes that S. 3817 will be enacted by the end of 2010, that
amounts authorized and estimated to be necessary will be
appropriated for each fiscal year beginning with fiscal year
2011, and that outlays will follow historical spending patterns
for similar programs.
Child Abuse Prevention and Treatment
The Child Abuse Prevention and Treatment Act (CAPTA) would
authorize formula grants to States for child protective
services and child welfare systems based in the community.
Additionally, the bill would authorize funding for competitive
grants for research and demonstration projects. The bill would
authorize the appropriation of $200 million in 2010 and such
sums as are necessary for 2011 through 2015. (Because fiscal
year 2010 is completed, this estimate does not reflect any
impact for that year.) Adjusting for inflation for 2011 through
2015, CBO estimates that implementing S. 3817 would increase
spending by $842 million over the 2011-15 period, assuming
appropriation of the estimated amounts.
Family Violence Prevention and Services
The Family Violence Prevention and Services Act would help
States prevent domestic violence, provide services to people
who have suffered from such violence, and assist with technical
assistance and training at the State and local levels. The bill
would authorize $185 million per year for formula grants to
States and tribes, the national domestic violence hotline, and
other purposes. CBO estimates that implementing this bill would
increase spending by $751 million for family violence
prevention over the 2011-15 period, assuming appropriation of
the authorized amounts.
Adoption Reform
The Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 would provide funding for the promotion of
adoption, particularly of special needs children, as well as
other activities. The bill would authorize the appropriation of
$40 million in 2010 and such sums as are necessary for 2011
through 2015. Adjusting for inflation, CBO estimates that
implementing S. 3817 would increase spending by approximately
$170 million over the 2011-15 period, assuming appropriation of
the estimated amounts.
Abandoned Infants Assistance
The Abandoned Infants Assistance Act of 1988 would allow
the Department of Health and Human Services to provide grants
to public and private nonprofit organizations. Those grants
could be used to demonstrate methods for such activities as
preventing child abandonment, recruiting foster families, and
running residential care programs. S. 3817 would authorize the
appropriation of $45 million in 2010 and such sums as are
necessary for 2011 through 2015. Adjusting for inflation, CBO
estimates that this bill would increase spending by
approximately $200 million for abandoned infant assistance over
the 2011-15 period, assuming appropriation of the estimated
amounts.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 3817
contains no intergovernmental or private-sector mandates as
defined in UMRA. Grant funds authorized in the bill would
benefit State, local, and tribal governments. Any costs those
governments incur, including matching funds, would result from
complying with conditions of federal assistance.
Estimate prepared by: Federal costs: Jonathan Morancy;
Impact on State, local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the private sector: Sarah Axeen.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
VI. Regulatory Impact Statement
A. REGULATORY IMPACT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee has determined that
there will be minimal increases in the regulatory burden
imposed by this bill.
Impact on individuals and businesses
In general, the bill provides grants to States and public
and private agencies to assist in identifying, assessing,
investigating, treating, and preventing child abuse and
neglect. Regulations are needed to implement these grants in
specified areas but do not affect individuals or businesses,
unless they choose to apply for such funds.
Impact on personal privacy and paperwork
The bill provides grants to States and public and private
agencies to assist in identifying, assessing, investigating,
treating, and preventing child abuse and neglect. The bill
should not increase the amount of personal information and
paperwork required.
B. UNFUNDED MANDATES STATEMENT
Estimated impact on State, local, and Tribal Governments:
According to the Congressional Budget Office, the bill contains
no intergovernmental mandates as defined in the Unfunded
Mandates Reform Act (UMRA). The bill places several new
requirements and limitations on State programs as conditions of
receiving assistance. For example, the bill requires States to
have policies and procedures to have triage for the referral of
a child not at imminent risk of harm to a community or
voluntary child maltreatment prevention service; to improve the
training, retention, and supervision of caseworkers; to have
procedures (including appropriate referrals to CPS systems and
for other appropriate services) to address the needs of infants
born and identified with illegal substance abuse or withdrawal
symptoms resulting from prenatal drug exposure; to require
disclosures of confidential information to any Federal, State,
or local government entity, or any agent of such entity, that
has a need for such information in order to carry out its
responsibilities under law to protect children from abuse and
neglect; to require that a representative of the CPS agency
shall, at the initial time of contact with the individual
subject to a child abuse and neglect investigation, advise the
individual of the complaints or allegations made against the
individual, in a manner that is consistent with laws protecting
the rights of the informant; and, to require background checks
on all adults in prospective foster care households. The
committee has determined that there may be increased demands
upon States due to the new conditions for assistance under
section 106. However, the committee believes it is appropriate
to require such new conditions given the state of the Nation's
CPS system and its mission to protect children from abuse and
neglect.
VII. Legislative Impact
The committee has determined that there is no legislative
impact.
VIII. Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``CAPTA Reauthorization Act of
2010.''
Title I--Child Abuse Prevention and Treatment Act
Section 101. Findings
Section 2 updates the findings under the Act with the most
recent data available.
Subtitle A--General Program
Section 111. Advisory board
Section 111 modifies the law to ensure that tribes are
represented on the advisory board.
Section 112. National Clearinghouse
Section 112 of the bill modifies paragraphs 1-5 to ensure
that the Clearinghouse maintains all programs that have
demonstrated success. The section includes references to
differential response and new language directing the Secretary
to collect and disseminate information in conjunction with the
national resource centers authorized in the Family Violence
Prevention and Services Act.
Section 113. Research and Assistance Activities
Research
Section 113 of the bill amends the law by directing the
Secretary to include the following research topics: (1)
Assistance to infants or toddlers who experience child abuse or
neglect together with their parents or primary caregivers in an
effort to improve the relationship; (2) Evaluation and
dissemination of best practices around how to meet the needs of
special populations; (3) Comprehensive services that promote
collaboration between the child protective service system, the
medical community, and providers of early childhood
intervention services and special education for children who
have been victims of child abuse or neglect; and (4) Effective
collaborations, between the child protective system and
domestic violence service providers.
This section also directs the Secretary to conduct a study
on Shaken Baby Syndrome.
The section includes new language encouraging the provision
of support and services to nonabusing parents in cases where
children are exposed to domestic violence.
Technical assistance
This section also directs the Secretary to provide
technical assistance to providers of mental health, substance
abuse treatment, and domestic violence prevention services
along with the existing agencies and organizations. This
section also adds substance abuse and domestic violence
services personnel to the list of personnel the Secretary may
provide training information.
Peer review for grants
This section prohibits the Secretary from appointing any
individual who is an officer or an employee of the
Administration for Children and Families to the peer review
panel. It also establishes criteria for such panels, including
a requirement that the panel meets at least once a year and
uses scientifically valid review criteria and scoring
guidelines.
Section 114. Grants to States, Indian Tribes or Tribal Organizations,
and public or private agencies and organizations
Section 114 of the bill updates section headings to clarify
the inclusion of Indian Tribes or Tribal Organizations as
eligible entities. It also modifies grant purposes to include
the following purposes:
(1) Training personnel in best practices to meet the
needs of children with disabilities;
(2) Training personnel in childhood development,
including the unique needs of children under age 3;
(3) Agencies that provide early intervention
services; and
(4) Training personnel in differential response best
practices.
This section amends mutual support programs to include
leadership programs in addition to mutual support and self-help
programs. It also removes the limitation of 10 State grants for
kinship care programs, thereby authorizing the Secretary to
award additional grants when funds are available. It adds a
section to authorize the Secretary to award grants to agencies
or organizations who expand effective collaborations between
child protective service entities and domestic violence service
entities.
Section 115. Grants to States for child abuse or neglect prevention and
treatment programs
Section 115 of the bill modifies section 106 of the law to
ensure all States have the capacity to provide services and
improve their child protective services systems. Modifications
include: (1) enhancing the general child protective system by
including the use of differential response systems; (2)
improving training protocols for mandated reporters by
developing and facilitating the use of research-based
strategies; (3) supporting collaboration by enhancing
interagency communication among public health agencies,
agencies in the child protective service system, and agencies
carrying out private community-based programs; (4) implementing
procedures for collaboration in investigations, interventions,
the delivery of services and treatment provided to children and
families; (5) the provision of services that assist children
exposed to domestic violence; and (6) supporting the caregiving
role of non-abusing parents.
This section includes language acknowledging the
correlation between incidents of abuse, neglect, and
maltreatment and alcohol abuse, as frequently manifested
through Fetal Alcohol Spectrum Disorder. The modifications
encourage better coordination and collaboration among
organizations serving these populations in efforts to increase
efficiency, maximize resources and minimize rates of future
incidents.
States are directed to implement systems to track reports
of child abuse and neglect from intake to disposition, and
provide an assurance or certification that programs and
training address the unique needs of unaccompanied homeless
youth, including access to enrollment and support services.
This section also modifies language to include adult former
victims of child abuse or neglect among members of citizen
review panels.
Section 116. Grants to States for programs relating to the
investigation and prosecution of child abuse and neglect cases
Section 116 of the bill amends section 107 of the law to
clarify that grants designed to develop, establish, and operate
programs regarding the investigation and prosecution of child
abuse and neglect cases should be handled in ways that limit
additional trauma to the child and the child's family.
This section modifies the State task force to include adult
former victims of child abuse or neglect and individuals
experienced in working with homeless children and youth (as
defined in section 725 of the McKinney-Vento Homeless
Assistance Act). It also requires the State task force to focus
its efforts on improving the prompt and successful resolution
of legal proceedings and administrative action in child abuse
and neglect cases.
Section 117. Miscellaneous requirements
Section 117 of the bill amends section 108(d) of the law to
express the intent for the Secretary to encourage all States
and entities that receive grants under this title to ensure
that children and families with limited English proficiency are
served in ways that are linguistically appropriate and to
ensure that individuals with disabilities are served in ways
that are appropriate to their disabilities.
Section 118. Reports
Section 118 of the bill modifies section 110 of the law,
modifying the frequency with which the Secretary shall submit a
report on efforts to coordinate the objectives and activities
of agencies and organizations responsible for programs and
activities related to child abuse and prevention. This section
requires such reports to be submitted to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate not later than 1 year after the date of enactment of
this Act, not later than 3 years after the date of enactment,
and again during the 5-year period following the date of
enactment.
This section also amends the study and report relating to
citizen review panels further clarifying the content of the
study with the goal of ensuring optimal effectiveness of such
panels.
Section 119. Definitions
Section 119 of the bill amends section 111 of the law by
removing ``the Trust Territory of the Pacific Islands'' from
the definition of State and clarifying that references to
``Alaska Native,'' ``infant or toddler with a disability,'' and
``Native Hawaiian,'' have the same meanings as those given in
section 3 of the Alaska Native Claims Settlement Act, section
632 of the Individuals with Disabilities Education Act, and
section 7207 of the Elementary and Secondary Education Act,
respectively.
Section 120. Authorization of appropriations
Section 120 of the bill updates the years of the
authorization of the bill and maintains current authorization
levels.
Section 121. Rule of construction
Section 121 of the bill amends the rule of construction by
adding the word ``child'' before ``abuse or neglect'' to
clarify the types of cases that are in question.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse or
Neglect
Title II--Community-Based Grants for the Prevention of Child Abuse or
Neglect
Section 132. Purpose and authority
Section 132 of the bill amends the law to clarify the focus
of the title II program. The purpose is to provide grants to
develop, operate, expand, enhance and coordinate initiatives,
programs, and activities to prevent child abuse and neglect and
to support the coordination of resources and activities to
better strengthen and support families and to reduce the
likelihood of child abuse and neglect. Such efforts must
include meaningful attempts to involve parents in planning and
program implementation. This section also includes substance
abuse services as an allowable community-based child abuse and
neglect prevention program.
Section 133. Eligibility
Section 133 includes conforming amendments.
Section 134. Amount of grant
Section 134 includes conforming amendments.
Section 135. Application
Section 135 includes modifications to the community-based
grant for the prevention of child abuse and neglect application
requirements, including ensuring that outreach activities are
extended to unaccompanied homeless youth.
Section 136. Local program requirements
Section 136 of the bill amends section 206 of the law to
further clarify the types of optional services that may be
provided.
Section 137. Conforming amendments
Section 137 includes conforming amendments.
Section 138. National network for community-based family resource
programs
Section 138 includes conforming amendments.
Section 139. Definitions
Section 139 of the bill amends section 209 of the law to
include ``crisis nurseries'' under the definition of ``respite
care services''.
Section 140. Authorization of appropriations
Section 140 of the bill updates the years of the
authorization and maintains current authorization levels.
Section 141. Redesignation
Section 141 includes conforming amendments.
Section 142. Transfer of definitions
Section 142 of the bill consolidates the common definitions
found in titles I and II into a new general definitions section
and adds new definitions such as ``Indian Tribe, Tribal
Organization'' and ``Unaccompanied Homeless Youth'' citing
references in section 4 of the Indian Self-Determination and
Education Assistance Act and section 111 of the McKinney-Vento
Homeless Education Act.
Subtitle C--Conforming amendments
Section 151. Amendments to table of contents
Section 151 updates the table of contents.
Title II--Family Violence Prevention and Services Act
Title II of the bill provides a comprehensive
reorganization of the Family Violence Prevention and Services
Act to more closely reflect current legislative drafting
standards and provide a clear and comprehensive understanding
of the program and requirements.
Section 301. Purpose
Section 301 declares the purpose of this title, and amends
section 302 by updating the purposes.
Section 302. Definitions
Section 302 of the bill establishes definitions for terms
used throughout the law, including the additions of Alaska
Native, Dating Violence, Domestic Violence, Native Hawaiian and
Native Hawaiian Organization, Personally Identifying
Information, State Domestic Violence Coalition, Supportive
Services, Tribally Designated Official, and Underserved
Populations.
Section 303. Authorization of appropriations
Section 303 of the bill consolidates all authorizations for
FVPSA under a single section, including the National Domestic
Violence Hotline and the Domestic Violence Prevention
Enhancement and Leadership Through Alliances (DELTA) grants.
The bill updates the years of the authorization and current
authorization levels are maintained. This section clarifies
that not less than 25 percent of funds in excess of
$130,000,000 appropriated to FVPSA will be directed to Section
312, Specialized Services for Abused Parents and Their
Children. This section also increases the technical assistance
and training set-aside from 5 percent to not less than six
percent.
Section 304. Authority of secretary
Section 304 of the bill combines functions of the Secretary
under sections 305, 306, and 312 of the law into a new section
establishing the authorities of the Secretary, the
administrative responsibilities of the Secretary, and the
evaluation of activities under this title required by the
Secretary.
Section 305. Allotment of funds
Section 305 of the bill allows for the continued
availability of funds for the formula grants to States. The
section allows funds allotted to a State for a fiscal year
under the section and made available to such State in a grant
under section 306(a) to remain available for obligation by the
State until the end of the following fiscal year. All such
funds not obligated by such time period shall be made available
for activities under section 314 of the bill.
Section 306. Formula grants to States
Section 306 of the bill incorporates the discrimination
prohibitions into the formula grants to States section. The
section also amends the law to include a ``nondisclosure of
confidential or private information'' provision similar to
prohibitions in the Violence Against Women Act.
Section 307. State application
Section 307 of the bill creates a separate State
Application section in FVPSA that applies to both States and
Indian tribes.
Section 308. Subgrants and use of funds
Section 308 of the bill creates a subgrants and use of
funds section. The section describes the allowable uses of
funds which include providing shelter services, supportive
services or prevention services to adult and youth victims of
family violence, domestic violence, or dating violence or to
any dependent of such victim.
This section describes the entities eligible to receive a
subgrant from a State in order to provide shelter and
supportive services. This section also prohibits any funds
provided under this title from being used to make direct
payments to victims of family violence, domestic violence, or
dating violence or to any dependent of such victim and requires
all services to be provided on a voluntary basis.
Section 309. Grants for indian tribes
Section 309 of the bill amends the law by creating grants
for Indian tribes section including a description of eligible
entities.
Section 310. National resource centers and training and technical
centers
Section 310 amends the law by strengthening the resource
information, training, and technical assistance centers by: (1)
increasing awareness about family, domestic, and dating
violence; (2) providing primary and secondary prevention
services and information regarding family violence, domestic
violence, and dating violence; and (3) improving the capacity
of individuals, organizations, government entities and
communities to prevent family violence and support victims of
such violence.
This section specifies the establishment of two national
resource centers, special issue resource centers, and allows
for State resource centers focused on reducing disparities in
domestic violence in States with high populations of Indian
(including Alaska Native) or Native Hawaiian populations.
Section 311. Grants to State Domestic Violence Coalitions
Section 311 of the bill amends the law by encouraging a
coordinated use of FVPSA funds with the use of funds provided
under the Violence Against Womens Act. Grant recipients are
required to participate in a performance evaluation.
Section 312. Specialized services for abused parents and their children
Section 312 of the bill amends the law to establish a grant
program to expand the capacity of family violence, domestic
violence, and dating violence service programs and community-
based programs focused on these efforts to prevent future
domestic or family violence by addressing, in an appropriate
manner, the needs of children exposed to family violence,
domestic violence, or dating violence.
This section further specifies that such grants shall be 2
year grants that may be renewed for one additional period of
not more than 2 years. Local agencies, nonprofit, and
community-based entities with a demonstrated record of serving
victims of family violence, domestic violence, or dating
violence are eligible to apply for such grants. Grant
recipients are required to participate in a performance
evaluation.
Section 313. National domestic violence hotline
Section 313 of the bill amends the law by requiring the
national domestic violence hotline to provide information and
assistance to adult and youth victims of family violence,
domestic violence or dating violence, family and household
members of such victims, and persons affected by the
victimization. The grant recipient is required to participate
in a performance evaluation.
Section 314. Domestic Violence Prevention Enhancement and Leadership
Through Alliances (DELTA)
Section 313 of the bill amends the purpose of the program
to establish and maintain local community projects designed to
prevent family violence, domestic violence, and dating
violence, including violence committed by and against youth,
using a coordinated community response model and through
prevention and education programs.
The Secretary is permitted to reserve funds to provide
technical assistance and to monitor and support State Domestic
Violence Coalitions for the purposes of carrying out such
community-led projects. Grant recipients are required to
participate in a performance evaluation.
Title III--Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978
Section 301. Child Abuse Prevention and Treatment and Adoption Reform
Section 301 of the bill amends the Child Abuse Prevention
and Treatment and Adoption Reform Act of 1978 to maintain an
internet-based national adoption information exchange system in
order to bring together children who would benefit from
adoption, conduct national recruitment effort and connect
various parties involved with the adoption. The Secretary is
also authorized to utilize resources to facilitate the option
of older children, minority children, and children with special
needs. States are required to provide more specific information
when applying for foster care grants about plans to improve
placement rates. The section allows the Secretary to compile an
evaluation of these results and submit a report to Congress.
This section maintains current authorization levels and updates
the years of the authorization and the findings.
Title IV--Abandoned Infants Assistance Act of 1988
Section 401. Abandoned infants assistance
Section 401 of the bill maintains current authorization
levels and updates the years of the authorization and the
findings.
IX. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
CHILD ABUSE PREVENTION AND TREATMENT ACT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child
Abuse Prevention and Treatment Act''.
(b) Table of Contents.--The table of contents is as
follows:
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. General definitions.
* * * * * * *
[Sec. 105. Grants to States and public or private agencies and
organizations.]
Sec. 105. Grants to States, Indian tribes or tribal organizations, and
public or private agencies and organizations.
[Sec. 106. Grants to States for child abuse and neglect prevention and
treatment programs.]
Sec. 106. Grants to States for child abuse or neglect prevention and
treatment programs.
* * * * * * *
[TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT.]
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE OR
NEGLECT
Sec. 201. * * *
* * * * * * *
[Sec. 204. Repealed.
[Sec. 205. Application.
[Sec. 206. Local program requirements.
[Sec. 207. Performance measures.
[Sec. 208. National network for community-based family resource
programs.
[Sec. 209. Definitions.
[Sec. 210. Authorization of appropriations.]
Sec. 204. Application.
Sec. 205. Local program requirements.
Sec. 206. Performance measures.
Sec. 207. National network for community-based family resource programs.
Sec. 208. Definitions.
Sec. 209. Authorization of appropriations.
* * * * * * *
SEC. 2. FINDINGS.
Congress finds that--
[(1) each year, approximately 900,000 American
children are victims of abuse and neglect;]
(11) in fiscal year 2008, approximately 772,000
children were found by States to be victims of child
abuse and neglect;
(2)(A) more children suffer neglect than any other
form of maltreatment and close to \1/3\ of all child
maltreatment-related fatalities in fiscal year 2008
were attributed to neglect alone; and
(B) investigations have determined that approximately
[60 percent] 71 percent of children who were victims of
maltreatment in [2001] fiscal year 2008 suffered
neglect, [19 percent] 16 percent suffered physical
abuse, [10 percent] 9 percent suffered sexual abuse,
[and 7 percent suffered emotional maltreatment] 7
percent suffered psychological maltreatment, 2 percent
experienced medical neglect, and 9 percent were victims
of other forms of maltreatment;
(3)(A) child abuse or neglect can result in the death
of a child;
(B) in [2001, an estimated 1,300] fiscal year 2008,
an estimated 1,740 children were counted by child
protection services to have died as a result of abuse
or neglect; and
(C) in fiscal year 2008, children younger than 1 year
old comprised [41 percent] 45 percent of child [abuse]
maltreatment fatalities and [85 percent] 72 percent of
child [abuse] maltreatment fatalities were younger than
[6 years] 4 years of age;
(4)(A) * * *
(B) [slightly less than half of these children (42
percent in 2001) and their families fail to receive
adequate protection or treatment;] approximately 37
percent of victims of child abuse did not receive post-
investigation services in fiscal year 2008;
(5) African-American children, American Indian
children, Alaska Native children, and children of
multiple races and ethnicities experience the highest
rates of child abuse or neglect;
[(5)] (6) the problem of child abuse and neglect
requires a comprehensive approach that--
(A) integrates the work of social service,
legal, health, mental health, domestic violence
services, education, and substance abuse
agencies and community-based organizations;
* * * * * * *
[(E) is sensitive to ethnic and cultural
diversity, which may impact child rearing
patterns, while at the same time, not allowing
those differences to enable abuse;]
(E) recognizes the diversity of ethnic,
cultural, and religious beliefs and traditions
that may impact child rearing patterns, while
not allowing the differences in those beliefs
and traditions to enable abuse or neglect;
[(6)](7) * * *
[(7)](8) * * *
[(8)](9) * * *
[(9)](10) * * *
[(10)](11) * * *
(12) because both child maltreatment and domestic
violence occur in up to 60 percent of the families in
which either is present, States and communities should
adopt assessments and intervention procedures aimed at
enhancing the safety both of children and victims of
domestic violence;
[(11)](13) * * *
[(12)](14) the [Federal government] Federal
Government should assist States and communities with
the fiscal, human, and technical resources necessary to
develop and implement a successful and comprehensive
child and family protection strategy; and
[(13)](15) the [Federal Government] Federal
Government should provide leadership and assist
communities in their child and family protection
efforts by--
(A) * * *
* * * * * * *
SEC. 3. GENERAL DEFINITIONS.
In this Act--
(1) the term ``child'' means a person who has not
attained the lesser of--
(A) the age of 18; or
(B) except in the case of sexual abuse, the
age specified by the child protection law of
the State in which the child resides;
(2) the term ``child abuse and neglect'' means, at a
minimum, any recent act or failure to act on the part
of a parent or caretaker, which results in death,
serious physical or emotional harm, sexual abuse or
exploitation, or an act or failure to act which
presents an imminent risk of serious harm;
(3) the term ``child with a disability'' means a
child with a disability as defined in section 602 of
the Individuals with Disabilities Education Act (20
U.S.C. 1401), or an infant or toddler with a disability
as defined in section 632 of such Act (20 U.S.C. 1432);
(4) the term ``Governor'' means the chief executive
officer of a State;
(5) the terms ``Indian'', ``Indian tribe'', and
``tribal organization'' have the meanings given the
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);
(6) the term ``Secretary'' means the Secretary of
Health and Human Services;
(7) except as provided in section 106(f), 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; and
(8) the term ``unaccompanied homeless youth'' means
an individual who is described in paragraphs (2) and
(6) of section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).
* * * * * * *
SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
(a) Appointment.--* * *
* * * * * * *
(c) Composition.--* * *
(1) * * *
* * * * * * *
(4) [medicine (including pediatrics)]; health care
providers (including pediatricians)
* * * * * * *
(12) family rights groups; [and]
(13) children's rights advocate[.]; and
(14) Indian tribes or tribal organizations.
* * * * * * *
(f) Duties.--* * *
(1) recommendations on coordinating Federal, State,
tribal, and local child abuse and neglect activities
with similar activities at the Federal, State, tribal,
and local level pertaining to family violence
prevention;
(2) specific modifications needed in [Federal and
State] Federal, State, and tribal laws and programs to
reduce the number of unfounded or unsubstantiated
reports of child abuse or neglect while enhancing the
ability to identify and substantiate legitimate cases
of [abuse or neglect which] child abuse or neglect
which place a child in danger; and
* * * * * * *
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Establishment.--The Secretary shall through the
Department, or by one or more contracts of not less than 3
years duration let through a competition, establish a national
clearinghouse for information relating to child abuse and
neglect.
[(b) Functions.--The Secretary shall, through the
clearinghouse established by subsection (a)--
[(1) maintain, coordinate, and disseminate
information on all effective programs, including
private and community-based programs, that show promise
of success with respect to the prevention, assessment,
identification, and treatment of child abuse and
neglect and hold the potential for broad scale
implementation and replication;]
(1) maintain, coordinate, and disseminate information
on effective programs, including private and community-
based programs, that have demonstrated success with
respect to the prevention, assessment, identification,
and treatment of child abuse or neglect and hold the
potential for broad-scale implementation and
replication;
(2) maintain, coordinate, and disseminate information
on the medical diagnosis and treatment of child abuse
and neglect;
(3) maintain and disseminate information on best
practices relating to differential response;
[(2)](4) maintain and disseminate information about
the best practices used for achieving improvements in
child protective systems;
[(3)](5) maintain and disseminate information
relating to--
(A) * * *
(B) the incidence of such cases in
populations determined by the Secretary under
section 105(a)(1) of the Child Abuse
Prevention, Adoption, and Family Services Act
of 1988 (42 U.S.C. 5105 note); and
(C) the incidence of any such cases related
to [alcohol or drug] substance abuse;
[(4)](6) provide technical assistance upon request
that may include an evaluation or identification of--
(A) * * *
* * * * * * *
(C) effective programs carried out by the
States under this Act; [and]
[(5)](7) collect and disseminate information relating
to various training resources available at the State
and local level to--
(A) * * *
(B) appropriate State and local officials to
assist in training law enforcement, legal,
judicial, medical, mental health, education,
[and child welfare personnel.] child welfare,
substance abuse treatment services, and
domestic violence services personnel; and
(8) collect and disseminate information, in
conjunction with the National Resource Centers
authorized in section 310(b) of the Family Violence
Prevention and Services Act, on effective programs and
best practices for developing and carrying out
collaboration between entities providing child
protective services and entities providing domestic
violence services.
(c) Coordination With Available Resources.--
(1) In general.--* * *
(A) * * *
[(B) consult with the head of each agency
involved with child abuse and neglect and
mechanisms for the sharing of such information
among other Federal agencies and clearinghouses
on the development of the components for
information collection and management of such
clearinghouse;]
(B) consult with the head of each agency
involved with child abuse and neglect on the
development of the components for information
collection and management of such clearinghouse
and on the mechanisms for the sharing of such
information with other Federal agencies and
clearinghouses;
(C) develop a Federal data system involving
the elements under subsection (b) which, to the
extent practicable, coordinates existing
Federal, State, tribal, regional, and local
child welfare data systems which shall
include--
(i) standardized data on false,
unfounded, unsubstantiated, and
substantiated reports; [and]
(ii) * * *
(iii) information about the incidence
and characteristics of child abuse and
neglect in circumstances in which
domestic violence is present; and
(iv) information about the incidence
and characteristics of child abuse and
neglect in cases related to substance
abuse;
* * * * * * *
(F) collect and disseminate information that
describes best practices being used throughout
the Nation for making appropriate referrals
related to, and addressing, the physical,
developmental, and mental health needs of
[abused and neglected children] victims of
child abuse or neglect; and
* * * * * * *
SEC. 104. RESEARCH AND ASSISTANCE ACTIVITIES.
(a) Research.--
(1) Topics.--The Secretary shall, in consultation
with other Federal agencies and recognized experts in
the field, carry out a continuing interdisciplinary
program of research, including longitudinal research,
that is designed to provide information needed to
better protect children [from abuse or neglect and to
improve the well-being of abuse or neglected children]
from child abuse or neglect and to improve the well-
being of victims of child abuse or neglect, with at
least a portion of such research being field initiated.
Such research program may focus on--
(A) * * *
(B) causes, prevention, assessment,
identification, treatment, cultural and socio-
economic distinctions, and the consequences of
child abuse and neglect, including the effects
of [abuse and neglect on] child abuse and
neglect on a child's development and the
identification of successful early intervention
services or other services that are needed;
(C) effective approaches to improving the
relationship and attachment of infants and
toddlers who experience child abuse or neglect
with their parents or primary caregivers in
circumstances where reunification is
appropriate;
[(C)] (D) appropriate, effective and
culturally sensitive investigative,
administrative, and judicial systems, including
multidisciplinary, coordinated decisionmaking
procedures with respect to cases of child abuse
and neglect;
[D] (E) the evaluation and dissemination of
best practices, including best practices to
meet the needs of special populations,
consistent with the goals of achieving
improvements in the child protective services
systems of the States in accordance with
paragraphs (1) through [(12)](14) of section
106(a);
[(E)] (F) * * *
(G) effective practices and programs to
improve activities such as identification,
screening, medical diagnosis, forensic
diagnosis, health evaluations, and services,
including activities that promote collaboration
between--
(i) the child protective service
system; and
(ii)(I) the medical community,
including providers of mental health
and developmental disability services;
and
(II) providers of early childhood
intervention services and special
education for children who have been
victims of child abuse or neglect;
[(F)] (H) * * *
(I) effective collaborations, between the
child protective system and domestic violence
service providers, that provide for the safety
of children exposed to domestic violence and
their nonabusing parents and that improve the
investigations, interventions, delivery of
services, and treatments provided for such
children and families;
[(G)] (J) the nature, scope, and practice of
voluntary relinquishment for foster care or
State guardianship of [low income] low-income
children who need health services, including
mental health services;
(K) the impact of child abuse and neglect on
the incidence and progression of disabilities;
(L) the nature and scope of effective
practices relating to differential response,
including an analysis of best practices
conducted by the States;
(M) child abuse and neglect issues facing
Indians, Alaska Natives, and Native Hawaiians,
including providing recommendations for
improving the collection of child abuse and
neglect data from Indian tribes and Native
Hawaiian communities;
[(H)] (N) the information on the national
incidence of child abuse and neglect specified
in [clauses (i) through (xi) of subparagraph
(H)] clauses (i) through (x) of subparagraph
(O); and
[(I)] (O) the national incidence of child
abuse and neglect, including--
(i) the extent to which incidents of
child abuse and neglect are increasing
or decreasing in number and severity;
(ii) the incidence of substantiated
and unsubstantiated reported child
abuse and neglect cases;
* * * * * * *
(v) the extent to which the lack of
adequate resources and the lack of
adequate training of individuals
required by law to report suspected
cases of [child abuse have] child abuse
and neglect have contributed to the
inability of a State to respond
effectively to serious cases of child
abuse and neglect;
* * * * * * *
(x) the incidence and outcomes of
[abuse] child abuse and neglect
allegations reported within the context
of divorce, custody, or other family
court proceedings, and the interaction
between this venue and the child
protective services system.
(2)Research.--The Secretary shall conduct research on
the national incidence of child abuse and neglect,
including the information on the national incidence on
child abuse and neglect specified in [subparagraphs (i)
through (ix) of paragraph (1)(I) ] clauses (i) through
(x) of paragraph (1)(O).
(3)Report.--Not later than 4 years after the date of
the enactment of the [Keeping Children and Families
Safe Act of 2003] CAPTA Reauthorization Act of 2010,
the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor and Pensions of the Senate a report that contains
the results of the research conducted under paragraph
(2).
(4)Priorities.--[(A) The] (A) In General.--The
Secretary shall establish research priorities for
making grants or contracts for purposes of carrying out
paragraph (1).
[(B) Not] (B) Public comment.--Not later
[than 2] than one years after the date of
enactment of the [Keeping Children and Families
Safe Act of 2003] CAPTA Reauthorization Act of
2010, and every 2 years thereafter, the
Secretary shall provide an opportunity for
public comment concerning the priorities
proposed under subparagraph (A) and maintain an
official record of such public comment.
(4) Study on shaken baby syndrome.--The Secretary
shall conduct a study that--
(A) identifies data collected on shaken baby
syndrome; W
(B) determines the feasibility of collecting
uniform, accurate data from all States
regarding--
(i) incidence rates of shaken baby
syndrome;
(ii) characteristics of perpetrators
of shaken baby syndrome, including age,
gender, relation to victim, access to
prevention materials and resources, and
history of substance abuse, domestic
violence, and mental illness; and
(iii) characteristics of victims of
shaken baby syndrome, including gender,
date of birth, date of injury, date of
death (if applicable), and short- and
long-term injuries sustained
(b) Provision of Technical Assistance.--
(1) In general.--The Secretary shall provide
technical assistance to State and local public and
private agencies and community-based organizations,
including disability organizations and persons who work
with children with disabilities and providers of mental
health, substance abuse treatment, and domestic
violence prevention services, to assist such agencies
and organizations in planning, improving developing,
and carrying out programs and activities, including
replicating successful program models, relating to the
prevention, assessment, identification, and treatment
of child abuse and neglect.
* * * * * * *
(3) Dissemination.--* * *
(A) * * *
(B) appropriate State and local officials to
assist in training law enforcement, legal,
judicial, medical, mental health, education,
[and child welfare personnel] child welfare,
substance abuse, and domestic violence services
personnel in appropriate methods of interacting
during investigative, aministrative, and
judicial proceedings with children who have
been [subjected to abuse.] subjected to, or
whom the personnel suspect have been subjected
to, child abuse or neglect.
* * * * * * *
(d) Peer Review for Grants.--
(1) Establishment of peer review process.--[(A) The
Secretary shall, in consultation with experts in the
field and other federal agencies1 establish
a formal, rigorous, and meritorious peer review process
for purposes of evaluating and reviewing applications
for grants under this section and determining the
relative merits of the projects for which such
assistance is requested. The purpose of this process is
to enhance the quality and usefulness of research in
the field of child abuse and neglect.]
(A) In general.--To enhance the quality and
usefulness of research in the field of child
abuse and neglect, the Secretary shall, in
consultation with experts in the field and
other Federal agencies, establish a formal,
rigorous, and meritorious peer review process
for purposes of evaluating and reviewing
applications for assistance through a grant or
contract under this section and determining the
relative merits of the project for which such
assistance is requested.
[(B) In establishing the process required by
subparagraph (A), The Secretary shall appoint
to the peer review panels only members who are
experts in the field of child abuse and neglect
or related disciplines, with appropriate
expertise in the application to be reviewed,
and who are not individuals who are officers or
employees of the Administration on Children and
Families. The panels shall meet as often as is
necessary to facilitate the expeditious review
of applications for grants and contracts under
this section, but may not meet less than once a
year. The Secretary shall ensure that the peer
review panel utilizes scientifically valid
review criteria and scoring guidelines for
review committee.]
(B) Members.--In establishing the process
required by subparagraph (A), the Secretary
shall only appoint to the peer review panels
members who----
(i) are experts in the field of child
abuse and neglect or related
disciplines, with appropriate expertise
related to the applications to be
reviewed; and
(ii) are not individuals who are
officers or employees of the
Administration for Children and
Families.
(C) Meetings.--The peer review panels shall
meet as often as is necessary to facilitate the
expeditious review of applications for grants
and contracts under this section, but shall
meet not less often than once a year.
(D) Criteria and guidelines.--The Secretary
shall ensure that the peer review panel
utilizes scientifically valid review criteria
and scoring guidelines in the review of the
applications for grants and contracts.
* * * * * * *
(3) Notice of approval.--[(A) The] (A) Meritorious
projects.--The Secretary shall provide grants and
contracts under this section from among the projects
which the peer review panels established under
paragraph (1)(A) have determined to have merit.
[(B) In] (B) Explanation.--In the instance in
which the Secretary approves an application for
a program without having approved all
applications ranked above such application (as
determined under paragraph (2)(B)), the
Secretary shall append to the approved
application a detailed explanation of the
reasons relied on for approving the application
and for failing to approve each pending
application that is superior in merit, as
indicated on the list under paragraph (2)(B).
(e) Demonstration Programs and Projects.--The Secretary may
award grants to, and enter into contracts with, [States or]
entities that are States, Indian tribes or tribal
organizations, or public or private agencies or organizations
(or combinations of [such agencies or organizations] such
entities) for time-limited, demonstration projects for the
following:
(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--* * *
(A) * * *
(B) to [safely facilitate the] facilitate the
safe exchange of children for visits with
noncustodial parents in cases of domestic
violence.
(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide
educational identification, prevention, and treatment
services in cooperation with child care and early
childhood education and care providers, [preschool]
preschools, and elementary and secondary schools.
* * * * * * *
SEC. 105. GRANTS TO [STATES] STATES, INDIAN TRIBES OR TRIBAL
ORGANIZATION, AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) Grants for Programs and Projects.--The Secretary may
make grants to, and enter into contracts with, [States,]
entities that are States, Indian tribes or tribal
organizations, or public agencies or private agencies or
organizations (or combinations of [such agencies or
organizations] such entities) for programs and projects for the
following purposes:
(1) Training programs.--The Secretary may award
grants to public or private organizations under [this
section] this subsection.--
(A) for the training of professional and
paraprofessional personnel in the fields of
health care, medicine, law enforcement,
judiciary, social work and child protection,
education, child care, and other relevant
fields, or individuals such as court appointed
special advocates (CASAs) and guardian ad
litem, who are engaged in, or intend to work
in, the field of prevention, identification,
and treatment of child abuse and neglect,
including the links between domestic violence
and child abuse and neglect;
(B) to improve the recruitment, selection,
and training of volunteers serving in public
and private children, youth, and family service
organizations in order to prevent child abuse
and neglect;
* * * * * * *
(D) for training to [support the enhancement
of linkages between] enhance linkages among
child protective service agencies and health
care agencies, [including physical and mental
health services, to improve forensic diagnosis
and health evaluations and for innovative
partnerships] entities providing physical and
mental health services, community resources,
and developmental disability agencies, to
improve screening, forensic diagnosis, and
health and developmental evaluations, and for
partnerships between child protective service
agencies and health care agencies that [offer
creative approaches to using] support the
coordinated use of existing Federal, State,
local, and private funding to meet the health
evaluation needs of children who have been
subjects of substantiated cases of child abuse
or neglect;
(E) for the training of personnel in best
practices to meet the unique needs of children
with disabilities, including promoting
interagency collaboration;
[(E)] (F) * * *
[(F)] (G) * * *
(H) for the training of personnel in
childhood development including the unique
needs of children under age 3;
[(G)] (I) * * *
[(H)] (J) for enabling State child welfare
agencies to coordinate the provision of
services with State and local health care
agencies, alcohol and drug abuse prevention and
treatment agencies, mental health agencies,
[and other public and private welfare agencies]
other public and private welfare agencies, and
agencies that provide early intervention
services to promote child safety, permanence,
and family stability;
[(I)] (K) for cross training for child
protective service workers in research-based
strategies for recognizing situations of
substance abuse, domestic violence, and
neglect; [and]
[(J)] (L) for developing, implementing, or
operating information and education programs or
training programs designed to improve the
provision of services to [disabled infants]
infants or toddlers with disabilities with
life-threatening conditions for--
(i) professionals and
paraprofessional personnel concerned
with the welfare of [disabled infants]
infants or toddlers with disabilities
with life-threatening conditions,
including personnel employed in child
protective services programs and health
care facilities; and
(ii) the parents of such infants[.];
and
(M) for the training of personnel in best
practices relating to the provision of
differential response.
(2) Triage Procedures.--* * *
(A) * * *
* * * * * * *
(C) provides further investigation and
intensive intervention [where] when the child's
safety is in jeopardy.
(3) Mutual support programs.--The Secretary may award
grants to private organizations to establish or
maintain a national network of mutual support,
leadership, and self-help programs as a means of
strengthening families in partnership with their
communities.
[(4) Kinship care.--
[(A) In general.--The] (4) Kinship care.--The
Secretary may award grants to public and
private entities [in not more than 10 States]
to assist such entities in developing or
implementing procedures using adult relatives
as the preferred placement for children removed
from their home, where such relatives are
determined to be capable of providing a safe
nurturing environment for the child and where
such relatives comply with the State child
protection standards.
(5) Linkages [between] among child protective service
agencies and public health, mental health, [and
developmental disabilities] substance abuse,
developmental disabilities, and domestic violence
service agencies.--The Secretary may award grants to
entities that provide linkages [between] among State or
local child protective service agencies and public
health, [mental health, and developmental disabilities
agencies, for] mental health, substance abuse,
developmental disabilities, and domestic violence
service agencies, and entities that carry out
community-based programs, for the purpose of
establishing linkages that are designed to [help
assure] ensure that a greater number of substantiated
victims of child maltreatment have their physical
health, mental health, and developmental needs
appropriately diagnosed and treated, in accrdance with
all applicable Federal and State privacy laws.
(6) Collaborations between child protective service
entities and domestic violence service entities.--The
Secretary may award grants to public or private
agencies and organizations under this section to
develop or expand effective collaborations between
child protective service entities and domestic violence
service entities to improve collaborative investigation
and intervention procedures, provision for the safety
of the non-abusing parent involved and children, and
provision of services to children exposed to domestic
violence that also support the caregiving role of the
non-abusing parent.
(b) Discretionary Grants.--* * *
(1) * * *
* * * * * * *
(4)(A) Providing hospital-based information and
referral services to--
(i) * * *
(ii) children who have been [neglected or
abused] victims of child abuse or neglect and
their parents.
(B) * * *
(i) * * *
(ii) upon the treatment of a child for [abuse
or neglect] child abuse and neglect.
(C) * * *
(i) * * *
* * * * * * *
(iii) the provision of appropriate
information to parents of a child who has [been
neglected or abused] been a victim of child
abuse or neglect regarding resources in the
community, particularly parent training
resources, that will assist such parents in
caring for their child and reduce the
possibility of [abuse or neglect] child abuse
and neglect;
* * * * * * *
(D) For purposes of this paragraph, a qualified
grantee is [a] an acute care hospital that--
(i) * * *
* * * * * * *
[SEC. 106. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND
TREATMENT PROGRAMS.] SEC. 106. GRANTS TO STATES FOR
CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT
PROGRAMS.
(a) Development and Operation Grants.--The Secretary shall
make grants to the States, [based on the population of children
under the age of 18 in] from allotments made under subsection
(f) for each State that applies for a grant under this section,
for purposes of assisting the States in improving the child
protective services system of each such State in--
(1) the intake, assessment, screening, and
investigation of reports of [abuse and neglect] child
abuse or neglect;
(2)(A) creating and improving the use of
multidisciplinary teams and interagency, intra-agency,
interstate, and intrastate protocols to enhance
investigations; and
(B) improving legal preparation and representation,
including--
(i) procedures for appealing and responding
to appeals of substantiated reports of [abuse
and neglect] child abuse or neglect; and
* * * * * * *
(4) enhancing the general child protective system by
developing, improving, and implementing risk and safety
assessment tools and protocols including the use of
differential response;
* * * * * * *
(6) developing, strengthening, and facilitating
training including--
(A) training regarding research-based
strategies, including the use of differential
response, to promote collaboration with the
families;
(B) training regarding the legal duties of
such individuals; [and]
(C) personal safety training for case
[workers;;] workers; and
(D) training in early childhood, child, and
adolescent development;
* * * * * * *
[(8) developing and facilitating training protocols
for individuals mandated to report child abuse or
neglect;]
[(9) developing and facilitating research-based
strategies for training for individuals mandated to
report child abuse or neglect;]
(8) developing, facilitating the use of, and
implementing research-based strategies and training
protocols for individuals mandated to report child
abuse and neglect;
[(10)](9) * * *
(A) * * *
(B) financial assistance; [and]
(C) services necessary to facilitate adoptive
placement of any such infants who have been
relinquished for adoption; and
(D) the use of differential response in
preventing child abuse and neglect;
[(11)](10) developing and delivering information to
improve public education relating to the role and
responsibilities of the child protection system and the
nature and basis for reporting suspected incidents of
child abuse and neglect, including the use of
differential response;
[(12)](11) * * *
[(13)](12) supporting and enhancing interagency
collaboration between ``the child protection system and
the juvenile justice system for improved delivery of
services and treatment, including methods for
continuity of treatment plan and services as children
transition between systems; [or]
[(14)](13) [supporting and enhancing collaboration
among public health agencies, the child protection
system, and private community-based programs]
supporting and enhancing interagency collaboration
among public health agencies, agencies in the child
protective service system, and agencies carrying out
private community-based programs-- [to provide] (A) to
provide child abuse and neglect prevention and
treatment services (including linkages with education
[systems) and] systems), and the use of differential
response; and [to address] (B) to address the health
needs, including mental health needs, of children
identified as [abused or neglected] victims of child
abuse or neglect; including supporting prompt,
comprehensive health and developmental evaluations for
children who are the subject of substantiated child
maltreatment reports[.]; or
(14) developing and implementing procedures for
collaboration among child protective services, domestic
violence services, and other agencies in--
(A) investigations, interventions, and the
delivery of services and treatment provided to
children and families, including the use of
differential response, where appropriate; and
(B) the provision of services that assist
children exposed to domestic violence, and that
also support the caregiving role of their non-
abusing parents.
(b) Eligibility Requirements.--
[(1) State Plan.
[(A) In general.-- To be eligible to receive
a grant under this section, a State shall, at
the time of the initial grant application and
every 5 years thereafter, prepare and submit to
the Secretary a State plan that specifies the
areas of the child protective services system
described in subsection (a) that the State
intends to address with amounts received under
the grant.
[(B) Additional requirement.--After the
submission of the initial grant application
under subparagraph (A), the State shall provide
notice to the Secretary--
[(i) of any substantive changes; and
to any State law relating to the
prevention of child abuse and neglect
that may affect the eligibility of the
State under ths section; and
[(ii) any significant changes to how
funds provided under this section are
used to support the activities which
may differ from the activities as
described in the current State
application.]
(1) State plan.--
(A) In general.--To be eligible to receive a
grant under this section, a State shall submit
to the Secretary a State plan that specifies
the areas of the child protective services
system described in subsection (a) that the
State will address with amounts received under
the grant.
(B) Duration of plan.--Each State plan
shall--
(i) remain in effect for the duration
of the State's participation under this
section; and
(ii) be periodically reviewed and
revised as necessary by the State to
reflect changes in the State's
strategies and programs under this
section.
(C) Additional information.--The State shall
provide notice to the Secretary--
(i) of any substantive changes,
including any change to State law or
regulations, relating to the prevention
of child abuse and neglect that may
affect the eligibility of the State
under this section; and
(ii) of any significant changes in
how funds provided under this section
are used to support activities
described in this section, which may
differ from the activities described in
the current State application.
[(2) Coordination.--A State plan submitted under
paragraph (1) shall, to the maximum extent practicable,
be coordinated with the State plan under part B of
title IV of the Social Security Act relating to child
welfare services and family preservation and family
support services, and shall contain an outline of the
activities that the State intends to carry out using
amounts received under the grant to achieve the
purposes of this title, including--]
(2) Contents.--A State plan submitted under paragraph
(1) shall contain a description of the activities that
the State will carry out using amounts received under
the grant to achieve the objectives of this title,
including--
(A) an assurance that the State plan, to the
maximum extent practicable, is coordinated with
the State plan under part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.)
relating to child welfare services and family
preservation and family support services;
[(A)] (B) an assurance in the form of a
certification by the [chief executive officer]
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] statewide
program, relating to child abuse and neglect
that includes--
(i) * * *
(ii) policies and procedures
(including appropriate referrals to
child protection service systems and
for other appropriate services) to
address the needs of infants born with
and identified as being affected by
illegal substance abuse or withdrawal
symptoms resulting from prenatal drug
exposure, or a Fetal Alcohol Spectrum
Disorder, including a requirement that
health care providers involved in the
delivery or care of such infants notify
the child protective services system of
the occurrence of such condition in
such infants, except that such
notification shall not be construed
to--
(I) establish a definition
under Federal law of what
constitutes child abuse or
neglect; or
(II) * * *
(iii) the development of a plan of
safe care for the infant born and
identified as being affected by illegal
substance abuse or withdrawal symptoms,
or a Fetal Alcohol Spectrum Disorder;
* * * * * * *
(v) triage procedures, including the
use of differential response, for the
appropriate referral of a child not at
risk of imminent harm to a community
organization or voluntary preventive
service;
(vi) procedures for immediate steps
to be taken to ensure and protect the
safety of [the abused or neglected
child] a victim of child abuse or
neglect and of any other child under
the same care who may also be in danger
of [abuse or neglect] child abuse or
neglect and ensuring their placement in
a safe environment;
* * * * * * *
(ix) provisions to require a State to
disclose confidential information to
any Federal, State, or local government
entity, or any agent of such entity,
that has a need for such information in
order to carry out its responsibilities
under law to protect children from
[abuse and neglect] child abuse and
neglect;
* * * * * * *
(xi) the cooperation of State law
enforcement officials, court of
competent jurisdiction, and appropriate
State agencies providing human services
in the investigation, assessment,
prosecution, and treatment of child
abuse [or neglect] and neglect;
* * * * * * *
(xiii) provisions and procedures
requiring that in every case involving
[an abused or neglected child] a victim
of child abuse or neglect which results
in a judicial proceeding, a guardian ad
litem, who has received training
appropriate to the role, including
training in early childhood, child, and
adolescent development, and who may be
an attorney or a court appointed
special advocate who has received
training appropriate to that role (or
both), shall be appointed to represent
the child in such proceedings--
* * * * * * *
(xv) * * *
(I) * * *
(II) by which individuals who
disagree with an official
finding of [abuse or neglect]
child abuse or neglect can
appeal such finding;
(xvi) * * *
(I) * * *
* * * * * * *
(III) to have aided or
abetted, attempted, conspired,
or solicited to commit such
murder or voluntary
manslaugher[; or];
(IV) * * *
(V) to have committed sexual
abuse against the surviving
child or another child of such
parent; or
(VI) to be required to
register with a sex offender
registry under section 113(a)
of the Adam Walsh Child
Protection and Safety Act of
2006 (42 U.S.C. 16913(a));
* * * * * * *
(xviii) provisions and procedures to
require that a representative of the
child protective services agency shall,
at the initial time of contact with the
individual subject to a child [abuse
and] abuse or neglect investigation,
advise the individual of the complaints
or allegations made against the
individual, in a manner that is
consistent with laws protecting the
rights of the informant;
* * * * * * *
(xxi) provisions and procedures for
referral of a child under the age of 3
who is involved in a substantiated case
of child abuse or neglect to early
intervention services funded under part
C of the Individuals with Disabilities
Education [Act; and] Act (20 U.S.C.
1431 et seq.);
(xxii) [not later than 2 years after
the date of enactment of the Keeping
Children and Families Safe Act of
2003,] provisions and procedures for
requiring criminal background record
checks that meet the requirements of
section 471(a)(20) of the Social
Security Act (42 U.S.C. 671(a)(20)) for
prospective foster and adoptive parents
and other adult relatives and non-
relatives residing in the household;
and
(xxiii) provisions for systems of
technology that support the State child
protective service system described in
subsection (a) and track reports of
child abuse and neglect from intake
through final disposition;
[(B)] (C) an assurance that the State has in
place procedures for responding to the
reporting of medical neglect (including
instances of withholding of medically indicated
treatment from [disabled infants with] infants
with disabilities who have life-threatening
conditions), procedures or programs, or both
(within the State child protective services
system), to provide for--
(i) coordination and consultation
with individuals designated by and
within appropriate health-care
facilities;
(ii) prompt notification by
individuals designated by and within
appropriate health-care facilities of
cases of suspected medical neglect
(including instances of withholding of
medically indicated treatment from
[disabled infants with] infants with
disabilities who have life-threatening
conditions); and
(iii) authority, under State law, for
State child protective services system
to pursue any legal remedies, including
the authority to initiate legal
proceedings in a court of competent
jurisdiction, as may be necessary to
prevent the withholding of medically
indicated treatment from [disabled
infants with] infants with disabilities
who have [life threatening] life-
threatening conditions;
[(C)](D) * * *
(i) * * *
(ii) the training to be provided
under the grant to support direct line
and supervisory personnel in report
taking, screening, assessment, decision
making, and referral for investigating
suspected instances of child abuse and
neglect; [and]
(iii) the training to be provided
under the grant for individuals who are
required to report suspected cases of
child abuse and neglect; [and]
(iv) policies and procedures
encouraging the appropriate involvement
of families in decisionmaking
pertaining to children who experienced
child abuse or neglect;
(v) policies and procedures that
promote and enhance appropriate
collaboration among child protective
service agencies, domestic violence
service agencies, substance abuse
treatment agencies, and other agencies
in investigations, interventions, and
the delivery of services and treatment
provided to children and families
affected by child abuse or neglect,
including children exposed to domestic
violence, where appropriate; and
(vi) policies and procedures
regarding the use of differential
response, as applicable;
[(D)] (E) an assurance or certification that
the programs or projects relating to child
abuse and neglect carried out under part B of
title IV of the Social Security Act (42 U.S.C.
621 et seq.) comply with the requirements set
forth in paragraph (1) and this paragraph[.];
(F) an assurance certification that programs
and training conducted under this title address
the unique needs of unaccompanied homeless
youth, including access to enrollment and
support services and that such youth are
eligible for under parts B and E of title IV of
the Social Security Act (42 U.S.C. 621 et seq.,
670 et seq.) and meet the requirements of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.); and
(G) an assurance that the State, in
developing the State plan described in
paragraph (1), has collaborated with community-
based prevention agencies and with families
affected by child abuse or neglect.
Nothing in [subparagraph (A)] subparagraph (B) shall be
construed to limit the State's flexibility to determine State
policies relating to public access to court proceedings to
determine child abuse and neglect, except that such policies
shall, at a minimum, ensure the safety and well-being of the
child, parents, and families.
(3) Limitation.--With regard to clauses (vi) and
(vii) of [paragraph (2)(A)] paragraph (2)(B), nothing
in this section shall be construed as restricting the
ability of a State to refuse to disclose identifying
information concerning the individual initiating a
report or complaint alleging suspected instances of
child abuse or neglect, except that the State may not
refuse such a disclosure where a court orders such
disclosure after such court has reviewed, in camera,
the record of the State related to the report or
complaint and has found it has reason to believe that
the reporter knowingly made a false report.
* * * * * * *
(c) Citizen Review Panels.--
(1) Establishment.--
(A) In general.--* * *
* * * * * * *
(2) Membership.--Each panel established pursuant to
paragraph (1) shall be composed of volunteer members
who are broadly representative of the community in
which such panel is established, including members who
have expertise in the prevention and treatment of child
abuse and neglect. , and may include adult former
victims of child abuse or neglect.
* * * * * * *
(4) Functions.--
(A) In general.--* * *
(i) * * *
* * * * * * *
(iii) any other criteria that the
panel considers important to ensure the
protection of children, including--
(I) a review of the extent to
which the State and local child
protective services system is
coordinated with the foster
care and adoption programs
established under part E of
title IV of the Social Security
Act (42 U.S.C. 670 et seq.);
and
* * * * * * *
(d) Annual State Data Reports.-- * * *
(1) The number of children who were reported to the
State during the year [as abused or neglected] as
victims of child abuse or neglect
* * * * * * *
(4) The number of families that received preventive
services, including use of differential response, from
the State during the year.
* * * * * * *
[(7) The number of child protective services workers
responsible for the intake and screening of reports
filed in the previous year.]
(7)(A) The number of child protective service
personnel responsible for the--
(i) intake of reports filed in the previous
year;
(ii) screening of such reports;
(iii) assessment of such reports; and
(iv) investigation of such reports.
(B) The average caseload for the workers described in
subparagraph (A).
* * * * * * *
(9) The response time with respect to the provision
of services to families and children where an
allegation of [abuse or neglect] child abuse or neglect
has been made.
[(10) The number of child protective services workers
responsible for intake, assessment, and investigation
of child abuse and neglect reports relative to the
number of reports investigated in the previous year.]
(10) For child protective service personnel
responsible for intake, screening, assessment, and
investigation of child abuse and neglect reports in the
State--
(A) information on the education,
qualifications, and training requirements
established by the State for child protective
service professionals, including for entry and
advancement in the profession, including
advancement to supervisory positions;
(B) data on the education, qualifications,
and training of such personnel;
(C) demographic information of the child
protective service personnel; and
(D) information on caseload or workload
requirements for such personnel, including
requirements for average number and maximum
number of cases per child protective service
worker and supervisor.
(11) The number of children reunited with their
families or receiving family preservation services
that, within five years, result in subsequent
substantiated reports of child abuse [and neglect] or
neglect, including the death of the child.
* * * * * * *
(15) The number of children referred to a child
protective services system under subsection
(b)(2)(B)(ii).
(16) The number of children determined to be eligible
for referral, and the number of children referred,
under subsection (b)(2)(B)(xxi), to agencies providing
early intervention services under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.).
(e) Annual Report by the Secretary.--Within 6 months after
receiving the State reports under subsection (d), the Secretary
shall prepare a report based on information provided by the
States for the fiscal year under such subsection and shall make
the report and such information available to the Congress and
the national clearinghouse for information relating to child
abuse and neglect.
(f) Allotments.--
(1) Definitions.--In this subsection:
(A) Fiscal year 2009 grant funds.--The term
``fiscal year 2009 grant funds'' means the
amount appropriated under section 112 for
fiscal year 2009, and not reserved under
section 112(a)(2).
(B) Grant funds.--The term ``grant funds''
means the amount appropriated under section 112
for a fiscal year and not reserved under
section 112(a)(2).
(C) State.--The term ``State'' means each of
the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(D) Territory.--The term ``territory'' means
Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands.
(2) In general.--Except as otherwise provided in this
section, the Secretary shall make allotments to each
State and territory that applies for a grant under this
section in an amount equal to the sum of--
(A) $50,000; and
(B) an amount that bears the same
relationship to any grant funds remaining after
all such States and territories have received
$50,000, as the number of children under the
age of 18 in the State or territory bears to
the number of such children in all States and
territories that apply for such a grant.
(3) Allotments for decreased appropriation years.--In
the case where the grant funds for a fiscal year are
less than the fiscal year 2009 grant funds, the
Secretary shall ratably reduce each of the allotments
under paragraph (2) for such fiscal year.
(4) Allotments for increased appropriation years.--
(A) Minimum allotments to states for
increased appropriations years.--In any fiscal
year for which the grant funds exceed the
fiscal year 2009 grant funds by more than
$1,000,000, the Secretary shall adjust the
allotments under paragraph (2), as necessary,
such that no State that applies for a grant
under this section receives an allotment in an
amount that is less than--
(i) $100,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by more than
$1,000,000 but less than $2,000,000;
(ii) $125,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by at least
$2,000,000 but less than $3,000,000;
and
(iii) $150,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by at least
$3,000,000.
(B) Allotment adjustment.--In the case of a
fiscal year for which subparagraph (A) applies
and the grant funds are insufficient to satisfy
the requirements of such subparagraph (A),
paragraph (2), and paragraph (5), the Secretary
shall, subject to paragraph (5), ratably reduce
the allotment of each State for which the
allotment under paragraph (2) is an amount that
exceeds the applicable minimum under
subparagraph (A), as necessary to ensure that
each State receives the applicable minimum
allotment under subparagraph (A).
(5) Hold harmless.--Notwithstanding paragraphs (2)
and (4), except as provided in paragraph (3), no State
or territory shall receive a grant under this section
in an amount that is less than the amount such State or
territory received under this section for fiscal year
2009.
* * * * * * *
SEC. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVESTIGATION
AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES.
(a) Grants to States.--* * *
* * * * * * *
[(1) the handling of child abuse and neglect cases,
particularly cases of child sexual abuse and
exploitation, in a manner which limits additional
trauma to the child victim;
[(2) the handling of cases of suspected child abuse
or neglect related fatalities;]
(1) the assessment and investigation of suspected
child abuse and neglect cases, including cases of
suspected child sexual abuse and exploitation, in a
manner that limits additional trauma to the child and
the child's family;
(2) the assessment and investigation of cases of
suspected child abuse-related fatalities and suspected
child neglect-related fatalities;
(3) the investigation and prosecution of cases of
child abuse and neglect, [particularly] including child
sexual abuse and exploitation; and
(4) [the handling] the assessment and investigation
of cases involving children with disabilities or
serious health-related problems who are [victims of
abuse] suspected victims of child abuse or neglect.
(b) Eligibility Requirements.--* * *
(1) fulfill the requirements of [section 107(b)]
section 106(b);
* * * * * * *
(c) State Task Forces.--
(1) General rule.-- * * *
(A) * * *
* * * * * * *
(G) parents; [and]
(H) representatives of parents' groups[.];
(I) adult former victims of child abuse or
neglect; and
(J) individuals experienced in working with
homeless children and youths (as defined in
section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)).
* * * * * * *
(d) State Task Force Study.-- * * *
(1) review and evaluate State investigative,
administrative and both civil and criminal judicial
handling of cases of child abuse and neglect,
[particularly] including child sexual abuse and
exploitation, as well as cases involving suspected
child maltreatment related fatalities and cases
involving a potential combination of jurisdictions,
such as interstate, Federal-State, and State-Tribal;
and
* * * * * * *
(e) Adoption of State Task Force Recommendations.--
(1) General rule.--* * *
(A) investigative, administrative, and
judicial handling of cases of child abuse and
neglect, [particularly] including child sexual
abuse and exploitation, as well as cases
involving suspected child maltreatment related
fatalities and cases involving a potential
combination of jurisdictions, such as
interstate, Federal-State, and State-Tribal, in
a manner which reduces the additional trauma to
the child victim and the victim's family and
which also ensures procedural fairness to the
accused;
(B) experimental, model, and demonstration
programs for testing innovative approaches and
techniques which may [improve the rate of
successful prosecution or enhance the
effectiveness of judicial and administrative
action in child abuse cases, particularly child
sexual abuse cases] improve the prompt and
successful resolution of civil and criminal
court proceedings or enhance the effectiveness
of ,judicial and administrative action in child
abuse and neglect cases, particularly child
sexual abuse and exploitation cases, including
the enhancement of performance of court-
appointed attorneys and guardians ad litem for
children, and which also ensure procedural
fairness to the accused; and
(C) reform of State laws, ordinances,
regulations, protocols, and procedures to
provide comprehensive protection for children
[from abuse] from child abuse and neglect
[particularly] including child sexual abuse and
exploitation, while ensuring fairness to all
affected persons.
* * * * * * *
(f) Funds Available.--For grants under this section, the
Secretary shall use the amount authorized by section 1404A of
the Victims of Crime Act of 1984 (42 U.S.C. 10603a).
* * * * * * *
SEC. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
(a) * * *
* * * * * * *
[(d) Sense of Congress.--It is the sense of Congress that
the Secretary should encourage all States and public and
private agencies or organizations that receive assistance under
this title to ensure that children and families with limited
English proficiency who participate in programs under this
title are provided materials and services under such programs
in an appropriate language other than English.]
(d) Sense of Congress.--It is the sense of Congress that
the Secretary should encourage all States and public and
private entities that receive assistance under this title to--
(1) ensure that children and families with limited
English proficiency who participate in programs under
this title are provided with materials and services
through such programs in an appropriate language other
than English; and
(2) ensure that individuals with disabilities who
participate in programs under this title are provided
with materials and services through such programs that
are appropriate to their disabilities.
* * * * * * *
SEC. 110. REPORTS.
[(a) Coordination Efforts.--Not later than March 1 of the
second year following the date of enactment of the Child Abuse
Prevention, Adoption, and Family Services Act of 1988 and every
2 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report on efforts during
the 2-year period preceding the date of the report to
coordinate the objectives and activities of agencies and
organizations which are responsible for programs and activities
related to child abuse and neglect.
[(b) Effectiveness of State Programs and Technical
Assistance.--Not later than two years after the first fiscal
year for which funds are obligated under section 1404A of the
Victims of Crime Act of 1984\1\, the Secretary shall submit to
the appropriate committees of Congress a report evaluating the
effectiveness of assisted programs in achieving the objectives
of section 107.]
(a) Coordination Efforts.--Not later than 1 year after the
date of enactment of the CAPTA Reauthorization Act of 2010, the
Secretary shall submit to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on
efforts to coordinate the objectives and activities of agencies
and organizations that are responsible for programs and
activities related to child abuse and neglect. Not later than 3
years after that date of enactment, the Secretary shall submit
to those committees a second report on such efforts during the
3-year period following that date of enactment. Not later than
5 years after that date of enactment, the Secretary shall
submit to those committees a third report on such efforts
during the 5-year period following that date of enactment.
(b) Effectiveness of State Programs and Technical
Assistance.--Not later than 2 years after the date of enactment
of the CAPTA Reauthorization Act of 2010 and every 2 years
thereafter, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report evaluating the effectiveness of programs
receiving assistance under section 106 in achieving the
objectives of section 106.
[(c) Study and Report Relating to Citizen Review Panels.--
[(1) Study.--The Secretary shall conduct a study by
random sample of the effectiveness of the citizen
review panels established under section 106(c).
[(2) Report.--Not later than 3 years after the date
of enactment of the Keeping Children and Families Safe
Act of 2003, the Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
that contains the results of the study conducted under
paragraph (1).]
(c) Study and Report Relating to Citizen Review Panels.--
(1) In general.--The Secretary shall conduct a study
to determine the effectiveness of citizen review
panels, established under section 106(c), in achieving
the stated function of such panels under section
106(c)(4)(A) of--
(A) examining the policies, procedures, and
practices of State and local child protection
agencies; and
(B) evaluating the extent to which such State
and local child protection agencies are
fulfilling their child protection
responsibilities, as described in clauses (i)
through (iii) of section 106(c)(4)(A).
(2) Content of study.--The study described in
paragraph (1) shall be completed in a manner suited to
the unique design of citizen review panels, including
consideration of the variability among the panels
within and between States. The study shall include the
following:
(A) Data describing the membership,
organizational structure, operation, and
administration of all citizen review panels and
the total number of such panels in each State.
(B) A detailed summary of the extent to which
collaboration and information-sharing occurs
between citizen review panels and State child
protective services agencies or any other
entities or State agencies. The summary shall
include a description of the outcomes that
result from collaboration and information
sharing.
(C) Evidence of the adherence and
responsiveness to the reporting requirements
under section 106(c)(6) by citizen review
panels and States.
(3) Report.--Not later than 2 years after the date of
enactment of the CAPTA Reauthorization Act of 2010, the
Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives a report that contains the results of
the study conducted under paragraph (1).
* * * * * * *
SEC. 111. DEFINITIONS.
For purposes of this title--
[(1) the term ``child'' means a person who has not
attained the lesser of--
[(A) the age of 18; or
[(B) except in the case of sexual abuse, the
age specified by the child protection law of
the State in which the child resides;
[(2) the term ``child abuse and neglect'' means, at a
minimum, any recent act or failure to act on the part
of a parent or caretaker, which results in death,
serious physical or emotional harm, sexual abuse or
exploitation, or an act or failure to act which
presents an imminent risk of serious harm;
[(3) the term ``Secretary'' means the Secretary of
Health and Human Services;]
[(7)] (1) the term ``Alaska Native'' has the meaning
given the term ``Native'' in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602);
[(8)] (2) the term ``infant or toddler with a
disability'' has the meaning given the term in section
632 of the Individuals with Disabilities Education Act
(20 U.S.C. 1432);
[(10)] (3) the term ``Native Hawaiian'' has the
meaning given the term in section 7207 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517); [and]
(4) the term ``sexual abuse'' includes--
(A) * * *
(B) the rape, and in cases of caretaker or
inter-familial relationships, statutory rape,
molestation, prostitution, or other form of
sexual exploitation of children, or incest with
children; and
[(5) the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands;]
[(6)](5) term ``withholding of medically indicated
treatment'' means the failure to respond to the
infant's life-threatening conditions by providing
treatment (including appropriate nutrition, hydration,
and medication) which, in the treating physician's or
physicians' reasonable medical judgment, will be most
likely to be effective in ameliorating or correcting
all such conditions, except that the term does not
include the failure to provide treatment (other than
appropriate nutrition, hydration, or medication) to an
infant when, in the treating physician's or physicians'
reasonable medical judgment--
(A) * * *
(B) * * *
(C) the provision of such treatment would be
virtually futile in terms of the survival of
the infant and the treatment itself under such
circumstances would be inhumane[.];
[(9) the terms ``Indian'', ``Indian tribe'', ``tribal
organization'' have the meanings given the terms in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);]
[(11) the term ``unaccompanied homeless youth'' means
an individual who is described in paragraphs (2) and
(6) of section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).]
* * * * * * *
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) General authorization.--There are authorized to
be appropriated to carry out this title $120,000,000
for fiscal year [2004] 2010 and such sums as may be
necessary for each of the fiscal years [2005 through
2008] 2011 through 2015.
* * * * * * *
SEC. 113. RULE OF CONSTRUCTION.
(a) In General.-- * * *
* * * * * * *
(2) to require that a state find, or to prohibit a
State from finding, [abuse or neglect] child abuse or
neglect in cases in which a parent or legal guardian
relies soley or partially upon spiritual means rather
than medical treatment, in accordance with the
religious beliefs of the parent or legal guardian.
* * * * * * *
[TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT]
TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND
NEGLECT
SEC. 201. PURPOSE AND AUTHORITY.
(a) Purpose.--It is the purpose of this title--
[(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to
network, initia- tives aimed at the prevention of child
abuse and neglect, and to support networks of
coordinated resources and activities to better
strengthen and support families to reduce the
likelihood of child abuse and neglect; and]
(1) to support community-based efforts to develop,
operate, expand, enhance, and coordinate initiatives,
programs, and activities to prevent child abuse and
neglect and to support the coordination of resources
and activities, to better strengthen and support
families to reduce the likelihood of child abuse and
neglect; and
* * * * * * *
(b) Authority.--The Secretary shall make grants under this
title on a formula basis to the entity designated by the State
as the lead entity ([hereafter] referred to in this title as
the ``lead entity'') under section 202(1) for the purpose of--
(1) developing, operating, expanding, and enhancing
community-based and prevention-focused programs and
activities designed to strengthen and support families
to prevent child abuse and neglect [(through networks
where appropriate)] that are accessible, effective,
culturally appropriate, and build upon existing
strengths that--
(A) * * *
* * * * * * *
(E) improve family access to other formal and
informal resources and opportunities for
assistance available within communities,
including access to such resources and
opportunities for unaccompanied homeless youth;
* * * * * * *
[(G) demonstrate a commitment to meaningful
parent leadership, including among parents of
children with disabilities, parents with
disabilities, racial and ethnic minorities, and
members of other underrepresented or
underserved groups; and]
(G) demonstrate a commitment to involving
parents in the planning and program
implementation of the lead agency and entities
carrying out local programs funded under this
title, including involvement of parents of
children with disabilities, parents who are
individuals with disabilities, racial and
ethnic minorities, and members of other
underrepresented or underserved groups; and
* * * * * * *
(2) fostering the development of a continuum of
preventive services for children and families,
including unaccompanied homeless youth, through State
and community-based collaborations and partnerships
both public and private;
(3) financing the start-up, maintenance, expansion,
or redesign of specific [family resource and support
program] community-based child abuse and neglect
prevention programs services (such as respite care
services, child abuse and neglect prevention
activities, disability services, mental health
services, substance abuse treatment services, domestic
violence services, housing services, transportation,
adult education, home visiting and other similar
services) identified by the inventory and description
of current services required under section 205(a)(3) as
an unmet need, and integrated with the network of
[community-based family resource and support program]
to the extent practicable given funding levels and
community priorities;
(4) maximizing funding through leveraging of funds
for the financing, planning, community mobilization,
collaboration, assessment, information and referral,
startup, training and technical assistance, information
management and reporting, reporting and evaluation
costs for establishing, operating, or expanding
community-based and prevention-focused[,] programs and
activities designed to strengthen and support families
to prevent child abuse and neglect [(through networks
where appropriate)]; and
* * * * * * *
SEC. 202. ELIGIBILITY.
A State shall be eligible for a grant under this title for
a fiscal year if--
(1)(A) the [chief executive officer] Governor of the
State has designated a lead entity to administer funds
under this title for the purposes identified under the
authority of this title, including to develop,
implement, operate, enhance, or expand community-based
and prevention-focused, programs and activities
designed to strengthen and support families to prevent
child abuse and neglect [(through networks where
appropriate)];
(B) such lead entity is an existing public, quasi-
public, or nonprofit private entity (which may be an
entity that has not been established pursuant to State
legislation, executive order, or any other written
authority of the State) that exists to strengthen and
support families to prevent child abuse and neglect
with a demonstrated ability to work with other State
and community-based agencies to provide training and
technical assistance, and that has the capacity and
commitment to ensure the meaningful involvement of
parents who are consumers and who can provide
leadership in the planning, implementation, and
evaluation of programs and policy decisions of the
applicant agency in accomplishing the desired outcomes
for such efforts;
(C) in determining which entity to designate under
sub-paragraph (A), the [chief executive officer]
Governor should give priority consideration equally to
a trust fund advisory board of the State or existing
entity that leverages Federal, State, and private funds
for a broad range of child abuse and neglect prevention
activities and family resource programs, and that is
directed by an interdisciplinary, public-private
structure, including participants from communities; and
(D) in the case of a State that has designated a
State trust fund advisory board for purposes of
administering funds under this title (as such title was
in effect on the date of the enactment of the Child
Abuse Prevention and Treatment Act Amendments of 1996)
and in which one or more entities that leverage
Federal, State, and private funds (as described in sub-
paragraph (C)) exist, the [chief executive officer]
Governor shall designate the lead entity only after
full consideration of the capacity and expertise of all
entities desiring to be designated under sub-paragraph
(A);
(2) the [chief executive officer] Governor of the
State provides assurances that the lead entity will
provide or will be responsible for providing--
(A) community-based and prevention-focused
programs and activities designed to strengthen
and support families to prevent child abuse and
neglect [(through networks where appropriate)]
composed of local, collaborative, public-
private partnerships directed by
interdisciplinary structures with balanced
representation from private and public sector
members, parents, adult former victims of child
abuse or neglect, and public and private
nonprofit service providers and individuals and
organizations experienced in working in
partnership with families with children with
disabilities;
(B) direction through an interdisciplinary,
collaborative, public-private structure with
balanced representation from private and public
sector members, parents, adult former victims
of child abuse or neglect, and public sector
and private nonprofit sector service providers,
and parents with disabilities; and
(C) direction and oversight through
identified goals and objectives, clear lines of
communication and accountability, the provision
of leveraged or combined funding from Federal,
State, and private sources, centralized
assessment and planning activities, the
provision of training and technical assistance,
and reporting and evaluation functions; and
(3) the [chief executive officer] Governor of the
State provides assurances that the lead entity--
(A) has a demonstrated commitment to parental
participation in the development, operation,
and oversight of the community-based and
prevention-focused programs and activities
designed to strengthen and support families to
prevent child abuse and neglect [(through
networks where appropriate)];
(B) has a demonstrated ability to work with
State and community-based public and private
nonprofit organizations to develop a continuum
of preventive, family centered, comprehensive
services for children and families through the
community-based and prevention-focused programs
and activities designed to strengthen and
support families to prevent child abuse and
neglect [(through networks where appropriate)];
(C) has the capacity to provide operational
support, (both financial and programmatic)
training, technical assistance, and evaluation
assistance, to community-based and prevention-
focused programs and activities designed to
strengthen and support families to prevent
child abuse and neglect [(through networks
where appropriates)], through innovative,
interagency funding and interdisciplinary
service delivery mechanisms; and
(D) will integrate its efforts with
individuals and organizations experienced in
working in partnership with families with
children with disabilities, parents with
disabilities, and with the child abuse and
neglect prevention activities of the State, and
demonstrate a financial commitment to those
activities.
* * * * * * *
SEC. 203. AMOUNT OF GRANT.
(a) Reservation.--* * *
(b) Remaining Amounts.--
(1) In general.--The Secretary shall allot the amount
appropriated under section 210 for a fiscal year and
remaining after the reservation under subsection (a)
among the States as follows:
[(A)] (A) 70 percent.--70 percent of such
amount appropriated shall be allotted among the
States by allotting to each State an amount
that bears the same proportion to such amount
appropriated as the number of children under
the age of 18 residing in the State bears to
the total number of children under the age of
18 residing in all States (except that no State
shall receive less than $175,000 under this
subparagraph).
[(B)] (B) 30 percent.--30 percent of such
amount appropriated shall be allotted among the
States by allotting to each State an amount
that bears the same proportion to such amount
appropriated as the amount of private, State or
other non-Federal funds leveraged and directed
through the currently designated State lead
entity in the preceding fiscal year bears to
the aggregate of the amounts leveraged by all
States from private, State, or other non-
Federal sources and directed through the
current lead entity of such States in the
preceding fiscal year.
* * * * * * *
SEC. [205]204. APPLICATION.
* * * * * * *
(1) a description of the lead entity that will be
responsible for the administration of funds provided
under this title and the oversight of programs funded
through the community-based and prevention-focused
programs and activities designed to strengthen and
support families to prevent child abuse and neglect
[(through networks where appropriate)] which meets the
requirements of section 202;
(2) a description of how the community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse
and neglect [(through networks where appropriate)] will
operate [and how family resource and support],
including how community-based child abuse and neglect
prevention [services provided] programs provided by
public and private, nonprofit organizations will be
integrated into a developing continuum of family
centered, holistic, preventive services for children
and families;
* * * * * * *
(4) a budget for the development, operation, and
expansion of the community-based and prevention-focused
programs and activities designed to strengthen and
support families to prevent child abuse and neglect
that verifies that the State will expend in non-Federal
funds an amount equal to not less than 20 percent of
the amount received under this title (in cash, not in-
kind) for activities under this title:
* * * * * * *
(6) [an assurance that the State has the] a
description of the State's capacity to ensure the
meaningful involvement of parents who are [consumers
and] consumers, of family advocates, and of adult
former victims of child abuse or neglect, who can
provide leadership in the planning, implementation, and
evaluation of the programs and policy decisions of the
applicant agency in accomplishing the desired outcomes
for such efforts;
(7) a description of the criteria that the entity
will use to develop, or select and fund, community-
based and prevention-focused programs and activities
designed to strengthen and support families to prevent
child abuse and neglect as part of network development,
expansion, or enhancement;
(8) a description of outreach activities that the
entity and the community-based and prevention-focused
programs [and activities] designed to strengthen and
support families to prevent child abuse and neglect
will undertake to maximize the participation of racial
and ethnic minorities, children and adults with
disabilities, homeless families and those at risk of
homelessness, unaccompanied homeless youth, and members
of other underserved or underrepresented groups;
(9) a plan for providing operational support,
training, and technical assistance to community-based
and prevention-focused programs and activities designed
to strengthen and support families to prevent child
abuse and neglect for development, operation, expansion
and enhancement activities;
* * * * * * *
(11) a description of the actions that the applicant
entity will take to advocate systemic changes in State
policies, practices, procedures, and regulations to
improve the delivery of community-based prevention-
focused programs and activities designed to strengthen
and support families to prevent child abuse and neglect
services to children and families; and
* * * * * * *
SEC. [206]205 LOCAL PROGRAM REQUIREMENTS.
(a) In General.--Grants made under this title shall be used
to develop, implement, operate, expand, and enhance community-
based, and prevention-focused programs and activities designed
to strengthen and support families to prevent child abuse and
neglect that--
(1) assess community assets and needs through a
planning process that involves [parents and] parents,
local public agencies, local nonprofit organizations,
and private sector representatives in meaningful roles;
(2) develop [a strategy to provide, over time;] a
comprehensive strategy to provide a continuum of
preventive, [family centered] family-centered services
to children and families, especially to young parents
[and parents with young children,], to parents with
young children, and to parents who are adult former
victims of domestic violence or child abuse or neglect,
through public-private partnerships;
[(3)provide--
[(A) core family resource and support
services such as--
[(i) parent education, mutual support
and self help, and leadership services;
[(ii) outreach services;
[(iii) community and social service
referrals; and
[(iv) follow-up services;
[(B) other core services, which must be
provided or arranged for through contracts or
agreements with other local agencies, including
voluntary home visiting and all forms of
respite care services to the extent
practicable; and]
(3)(A) provide for core child abuse and neglect
prevention services, which may be provided directly by
the local recipient of the grant funds or through
grants or agreements with other local agencies, such
as--
(i) parent education, mutual support and self
help, and parent leadership services;
(ii) respite care services;
(iii) outreach and followup services, which
may include voluntary home visiting services;
and
(iv) community and social service referrals;
and
[(C)] (B) provide access to optional services,
including--
(i) * * *
[(ii) child care, early childhood development
and intervention services;] (ii) child care,
early childhood education and care, and
intervention services;
(iii) referral to services and supports to
meet the additional needs of families with
children with disabilities and parents who are
individuals with disabilities;
* * * * * * *
(v) referral to educational services, such as
[scholastic tutoring] academic tutoring,
literacy training, and General Educational
Degree services;
* * * * * * *
(vii) community referral services, including
early developmental screening of children;
[and]
(viii) peer counseling; and
(ix) domestic violence service programs that
provide services and treatment to children and
their non-abusing caregivers.
* * * * * * *
(5) provide leadership in mobilizing local public and
private resources to support the provision of needed
[family resource and support program] child abuse and
neglect prevention program services; and
(6) participate with other community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse
and neglect in the development, operation, and
expansion of networks where appropriate.
(b) Priority.--In awarding local grants under this title, a
lead entity shall give priority to effective community-based
programs serving [low income] low-income communities and those
serving young parents or parents with young children, including
community-based [family resource and support programs.] child
abuse and neglect prevention programs.
* * * * * * *
SEC. [207] 206. PERFORMANCE MEASURES.
* * * * * * *
(1) shall demonstrate the effective development,
operation, and expansion of community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse
and neglect that meets the requirements of this title;
(2) shall supply an inventory and description of the
services provided to families by local programs that
meet identified community needs, including core and
optional services as described in section 202 which
description shall specify whether those services are
supported by research;
* * * * * * *
(4) shall describe the number of families served,
including families with children with disabilities, and
parents with disabilities, and the involvement of a
diverse representation of families in the design,
operation, and evaluation of community-based and
prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse
and neglect, and in the design, operation, and
evaluation of the networks of such community-based and
prevention-focused programs;
* * * * * * *
(6) shall demonstrate the establishment or
maintenance of innovative funding mechanisms, at the
State or community level, that blend Federal, State,
local, private funds, and innovative, interdisciplinary
service delivery mechanisms, for the development,
operation, expansion, and enhancement of the community-
based and prevention-focused programs and activities
designed to strengthen and support families to prevent
child abuse and neglect;
(7) shall describe [the results of a peer review
process conducted under the State program; and] the
results of evaluation, or the outcomes of monitoring,
conducted under the State program to demonstrate the
effectiveness of activities conducted under this title
in meeting the purposes of the program; and
* * * * * * *
SEC. [208] 207 NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY SOURCE
PROGRAMS.
* * * * * * *
(1) to create, operate, and maintain a peer review
process;
(2) to create, operate, and maintain an information
clearinghouse;
* * * * * * *
(4) to create, operate, and maintain a computerized
communication system between lead entities; and
* * * * * * *
SEC. [209] 208 DEFINITIONS.
For purposes of this title:
[(1) Children with disabilities.--The term ``children
with disabilities'' has the same meaning given the term
``child with a disability'' in section 602(3) or
``infant or toddler with a disability'' in section
632(5) of the Individuals with Disabilities Education
Act.]
[(2)](1) Community referral services.-- * * *
[(3)](2) Community-based and prevention-focused
programs and activities to prevent child abuse and
neglect.-- * * *
[(5)](3) Respite care services.--The term ``respite
care services'' means short term care services,
including the services of crisis nurseries, provided in
the temporary absence of the regular caregiver (parent,
other relative, foster parent, adoptive parent, or
guardian) to children who--
(A) are in danger of [abuse or neglect] child
abuse or neglect;
(B) have experienced [abuse or neglect] child
abuse or neglect; or
(C) [have disabilities, chronic, or terminal
illnesses. Such services shall be provided
within or outside the home of the child, be
short-term care (ranging from a few hours to a
few weeks of time, per year), and be intended
to enable the family to stay together and to
keep the child living in the home and community
of the child.] have disabilities or chronic or
terminal illnesses.
* * * * * * *
SEC. [210] 209 AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $80,000,000 for fiscal year [2004] 2010 such sums as may
be necessary for each of the fiscal years [2005 through 2008]
2011 through 2015.
* * * * * * *
[FAMILY VIOLENCE PREVENTION AND SERVICES ACT]
[SHORT TITLE]
[Sec. 301. This title may be cited as the ``Family Violence
Prevention and Services Act''.]
[DECLARATION OF PURPOSE
[Sec. 302. It is the purpose of this title to--
[(1) assist States in efforts to increase public
awareness about and prevent family violence and to
provide immediate shelter and related assistance for
victims of family violence and their dependents; and
[(2) provide for technical assistance and training
relating to family violence programs to States, local
public agencies (including law enforcement agencies,
courts, legal, social service, and health care
professionals), nonprofit private organizations, and
other persons seeking such assistance.]
[STATE DEMONSTRATION GRANTS AUTHORIZED
[Sec. 303. (a)(1) In order to assist in supporting the
establishment, maintenance, and expansion of programs and
projects to prevent incidents of family violence and to provide
immediate shelter and related assistance for victims of family
violence and their dependents, the Secretary is authorized, in
accordance with the provisions of this title, to make grants to
States.
[(2) No grant may be made under this subsection unless the
chief executive officer of the State seeking such grant submits
an application to the Secretary at such time and in such manner
as the Secretary may reasonably require. Each such application
shall--
[(A) provide that funds provided under this
subsection will be distributed in demonstration
grants\3\ to local public agencies and nonprofit
private organizations (including religious and
charitable organizations, and voluntary associations)
for programs and projects within such State to prevent
incidents of family violence and to provide immediate
shelter and related assistance for victims of family
violence and their dependents in order to prevent
future violent incidents;
[(B) provide, with respect to funds provided to a
State under this subsection for any fiscal year, that--
[(i) not more than 5 percent of such funds
will be used for State administrative costs;
and
[(ii) in the distribution of funds by the
State under this subsection, the State will
give special emphasis to the support of
community-based projects of demonstrated
effectiveness carried out by nonprofit private
organizations, the primary purpose of which is
to operate shelters for victims of family
violence and their dependents, and those which
provide counseling, advocacy, and self-help
services to victims and their children.
[(C) set forth procedures designed to involve State
domestic violence coalitions, knowledgeable
individuals, and interested organizations and assure an
equitable distribution of grants and grant funds within
the State and between urban and rural areas within such
State and a plan to address the needs of underserved
populations, as defined in section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2);
[(D) specify the State agency to be designated as
responsible for the administration of programs and
activities relating to family violence which are
carried out by the State under this title and for
coordination of related programs within the State;
[(E) provide documentation that procedures have been
developed, and implemented including copies of the
policies and procedure, to assure the confidentiality
of records pertaining to any individual provided family
violence prevention or treatment services by any
program assisted under this title and provide
assurances that the address or location of any shelter-
facility assisted under this title will, except with
written authorization of the person or persons
responsible for the operation of such shelter, not be
made public;
[(F) provide documentation to the Secretary that the
State has a law or procedure that has been implemented
for the eviction of an abusing spouse from a share
household; and
[(G) meet such requirements as the Secretary
reasonably determines are necessary to carry out the
purposes and provisions of this title.
[(3) The Secretary shall approve any application that meets
the requirements of this subsection, and the Secretary shall
not disapprove any such application except after reasonable
notice of the Secretary's intention to disapprove and after a
6-month period providing an opportunity for correction of any
deficiencies. The Secretary shall provide such notice within 45
days of the date of the application if any of the provisions of
paragraph (2) have not been satisfied in such application. If
the State has not corrected the deficiencies in such
application within the 6-month period following the receipt of
the Secretary's notice of intention to disapprove, the
Secretary shall withhold payment of any grant funds to such
State until the date that is 30 days prior to the end of the
fiscal year for which such grant funds are appropriated or
until such time as the State provides documentation that the
deficiencies have been corrected, whichever occurs first. State
Domestic Violence Coalitions shall be permitted to participate
in determining whether a grantee is in compliance with
paragraph (2), except that no funds made available to State
Domestic Violence Coalitions under section 311 shall be used to
challenge a determination as to whether a grantee is in
compliance with, or to seek the enforcement of, the eligibility
requirements of such paragraph.
[(4) Upon completion of the activities funded by a grant
under this subpart, the State grantee shall file a performance
report with the Director explaining the activities carried out
together with an assessment of the effectiveness of those
activities in achieving the purposes of this subpart. A section
of this performance report shall be completed by each grantee
or subgrantee that performed the direct services contemplated
in the application certifying performance of direct services
under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes
other than those set forth under this subpart, after following
the procedures set forth in paragraph (3). Federal funds may be
used only to supplement, not supplant, State funds.
[(5) Upon completion of the activities funded by a grant
under this title, the State shall submit to the Secretary a
report that contains a description of the activities carried
out under paragraph (2)(B)(i).
[(b)(1) The Secretary, from amounts appropriated to carry
out this section, shall make available not less than 10 percent
of such amounts to make grants to Indian tribes, tribal
organizations and nonprofit private organizations approved by
an Indian Tribe for the operation of a family violence shelter
on a Reservation for projects designed to prevent family
violence and to provide immediate shelter and related
assistance for victims of family violence and their dependents.
[(2) No grant may be made under this subsection unless an
application is made to the Secretary at such time, in such
manner, and containing or accompanied by such information as
the Secretary deems essential to carry out the purposes and
provisions of this title. Such application shall comply, as
applicable, with the provisions of clauses (C) (with respect
only to involving knowledgeable individuals and organizations),
(D), (E) and (F) of subsection (a)(2). No entity eligible to
submit an application under paragraph (1) shall be prohibited
from making an application during any fiscal year for which
funds are available because such entity has not previously
applied or received funding under this section.
[(3) In the case of a project for which the initial
application for a demonstration grant under this subsection is
made on or after the date of the enactment of the Child Abuse
Programs, Adoption Opportunities, and Family Violence
Prevention Amendments Act of 1992, the terms ``Indian tribe''
and ``tribal organization'', for purposes of this subsection,
have the meaning given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act.
[(c) The Secretary shall use funds provided under section
310(a)(2), for a fiscal year described in section 310(a)(2), to
award grants for demonstration programs that provide--
[(1) multisystem interventions and services (either
directly or by referral) for children who witness
domestic violence; and
[(2) training (either directly or by referral) for
agencies, providers, and other entities who work with
such children.
[(d) No funds provided through demonstration grants made
under this section may be used as direct payment to any victim
of family violence or to any dependent of such victim.
[(e) No income eligibility standard may be imposed upon
individuals with respect to eligibility for assistance or
services supported with funds appropriated to carry out this
title.
[(f) No grant may be made under this section to any entity
other than a State or an Indian Tribe unless the entity
provides for the following non-Federal matching local share as
a proportion of the total amount of funds provided under this
title to the project involved: with respect to an entity
operating an existing program under this title, not less than
20 percent, and with respect to an entity intending to operate
a new program under this title, not less than 35 percent. The
local share required under this subsection may be in cash or
in-kind. The local share may not include any Federal funds
provided under any authority other than this title.
[(g) The Secretary shall assure that not less than 70
percent of the funds distributed under subsection (a) or (b)
shall be distributed to entities for the purpose of providing
immediate shelter and related assistance to victims of family
violence and their dependents as defined in section 320. Not
less than 25 percent of the funds distributed under subsection
(a) or (b) shall be distributed for the purpose of providing
related assistance as defined under section 320(5)(A).]
[ALLOTMENT OF FUNDS]
[Sec. 304. (a) From the sums appropriated under section 310
and available for grants to States under this subsection for
any fiscal year--
[(1) Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands shall each be allotted not less than \1/8\ of 1
percent of the amounts available for grants under
section 303(a) for the fiscal year for which the
allotment is made; and
[(2) each State shall be allotted for payment in a
grant authorized under section 303(a), $600,000, with
the remaining funds to be allotted to each State in an
amount that bears the same ratio to such remaining
funds as the population of such State bears to the
population of all States.
[(b) For the purpose of this section, the population of
each State, and the total population of all the States, shall
be determined by the Secretary on the basis of the most recent
census data available to the Secretary, and the Secretary shall
use for such purpose, if available, the annual interim current
census data produced by the Secretary of Commerce pursuant to
section 181 of title, 13, United States Code.
[(c) If the sums appropriated under section 310 for any
fiscal year and available for grants to States authorized under
section 303(a) are not sufficient to pay in full the total
amounts which all States are entitled to receive under such
section for such fiscal year, then the maximum amounts which
all States are entitled to receive under such section for such
fiscal year shall be ratably reduced. In the event that
additional funds become available for making such grants for
any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
[(d)(1) If, at the end of the sixth month of any fiscal
year for which sums are appropriated under section 310, the
amount allotted to a State has not been made available to such
State in grants under section 303(a) because of the failure of
such State to meet the requirements for a grant, then the
Secretary shall reallot such amount to States which meet such
requirements.
[(2) Funds made available by the Secretary through
reallotment under paragraph (1) shall remain available for
expenditure until the end of the fiscal year following the
fiscal year in which such funds become available for
reallotment.
[(e) In subsection (a)(2), the term ``State'' does not
include any jurisdiction specified in subsection (a)(1).]
[SECRETARIAL RESPONSIBILITIES]
[Sec. 305. (a) The Secretary shall appoint 1 or more
employees of the Department of Health and Human Services to
carry out the provisions of this title, including carrying out
evaluation and monitoring under this title. Any individual
appointed under this sub-section shall, prior to such
appointment, have had expertise in the field of family violence
prevention and services.
[(b) The Secretary shall--
[(1) coordinate all programs within the Department of
Health and Human Services, and seek to coordinate all
other Federal programs, which involve the prevention of
incidents of family violence and the provision of
assistance for victims and potential victims of family
violence and their dependents, and ensure that such
activities as they relate to elderly persons are
coordinated with the Administration on Aging and the
National Institute on Aging within the Department of
Health and Human Services;
[(2)(A) provide for research into the most effective
prevention, identification, and treatment thereof (such
as research into (i) the effectiveness of reducing
repeated incidents of family violence through a variety
of sentencing alternatives, such as incarceration,
fines, and counseling programs, individually or in
combination, and through the use of civil protection
orders removing the abuser from the family household,
(ii) the necessity and impact of a mandatory reporting
requirement relating to incidents of family violence,
particularly abuse of elderly persons), (iii) the
effectiveness of providing safety and support to
maternal and child victims of family violence as a way
to eliminate the abuse experienced by children in such
situations, (iv) identification of intervention
approaches to child abuse prevention services which
appear to be successful in preventing child abuse where
both mother and child are abused, (v) effective and
appropriate treatment services for children where both
mother and child are abused, and (vi) the individual
and situational factors leading to the end of violent
and abusive behavior by persons who commit acts of
family violence, including such factors as history of
previous violence and the legal and service
interventions received, and (B) make a complete study
and investigation (in consultation with the National
Institute on Aging) of the national incidence of abuse,
neglect, and exploitation of elderly persons, including
a determination of the extent to which incidents of
such abuse, neglect, and exploitation are increasing in
number or severity; and--
[(3) provide for the training of personnel and
provide technical assistance in the conduct of programs
for the prevention and treatment of family violence.]
[EVALUATION]
[Sec. 306. Every 2 years, the Secretary shall review,
evaluate, and report to the appropriate Committees of the
Congress, as to the effectiveness of the programs administered
and operated pursuant to this title, particularly in relation
to repeated incidents of family violence. Such report shall
also include a summary of the documentation provided to the
Secretary under section 303(a)(2)(B) through 303(a)(2)(F).]
[DISCRIMINATION PROHIBITED]
[Sec. 307. (a)(1) For the purpose of applying the
prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975, on the basis of handicap
under section 504 of the Rehabilitation Act of 1973, on the
basis of sex under title IX of the Education Amendments of
1972, or on the basis of race, color, or national origin under
title VI of the Civil Rights Act of 1964, programs and
activities funded in whole or in part with funds made available
under this part are considered to be programs and activities
receiving Federal financial assistance.
[(2) No person shall on the ground of sex or religion be
excluded from participation in, be denied the benefits of, or
be subject to discrimination under, any program or activity
funded in whole or in part with funds made available under this
title. Nothing in this title shall require any such program or
activity to include any individual in any program or activity
without taking into consideration that individual's sex in
those certain instances where sex is a bona fide occupational
qualification or programmatic factor reasonably necessary to
the normal operation of that particular program or activity.
The Secretary shall enforce the provisions of the preceding
sentence in accordance with section 602 of the Civil Rights Act
of 1964. Section 603 of such Act shall apply with respect to
any action taken by the Secretary to enforce such sentence.
This paragraph shall not be construed as affecting any other
legal remedy.
[(b) Whenever the Secretary finds that a State or other
entity that has received financial assistance under this title
has failed to comply with a provision of law referred to in
subsection (a)(1), with subsection (a)(2), or with an
applicable regulation (including one prescribed to carry out
subsection (a)(2)), the Secretary shall notify the chief
executive officer of the State and shall request such officer
to secure compliance. If, within a reasonable period of time,
not to exceed sixty days, the chief executive officer fails or
refuses to se- cure compliance, the Secretary may--
[(1) refer the matter to the Attorney General of the
United States with a recommendation that an appropriate
civil action be instituted,
[(2) exercise the powers and functions provided by
title VI of the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, sections 504 and 505 of the
Rehabilitation Act of 1973, or title IX of the
Education Amendments of 1972, as may be applicable, or
[(3) take such other action as may be provided by
law.
[(c) When a matter is referred to the Attorney General
pursuant to subsection (b)(1), or whenever the Attorney General
has reason to believe that a State or an entity is engaged in a
pattern or prac- tice in violation of a provision of law
referred to in subsection (a)(1) or in violation of subsection
(a)(2), the Attorney General may bring a civil action in any
appropriate district court of the United States for such relief
as may be appropriate, including injunctive relief.]
[SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
[(a) Purpose and Grants.--
[(1) Purpose.--It is the purpose of this section to
provide resource information, training, and technical
assistance to Federal, State, and Indian tribal
agencies, as well as to local domestic violence
programs and to other professionals who provide
services to victims of domestic violence.
[(2) Grants.--From the amounts appropriated under
this title, the Secretary shall award grants to private
nonprofit organizations for the establishment and
maintenance of one national resource center (as
provided for in subsection (b)) and not to exceed seven
special issue resource centers (as provided for in
subsection (c)) focusing on one or more issues of
concern to domestic violence victims.
[(b) National Resource Center.--The national resource
center established under subsection (a)(2)--
[(1) shall offer resource, policy, collaboration, and
training assistance to Federal, State, and local
government agencies, to domestic violence service
providers, and to other professionals and interested
parties on issues pertaining to domestic violence,
including issues relating to children who witness
domestic violence; and
[(2) shall maintain a central resource library in
order to collect, prepare, analyze, and disseminate
information and statistics, and analyses of the
information and statistics, relating to the incidence
and prevention of family violence (particularly the
prevention of repeated incidents of violence) and the
provision of immediate shelter and related assistance.
[(c) Special Issue Resource Centers.--The special issue
resource centers established under subsection (a)(2) shall
provide information, training and technical assistance to State
and local domestic violence service providers, and shall
specialize in at least one of the following areas of domestic
violence service, prevention, or law:
[(1) Criminal justice response to domestic violence,
includ- ing court-mandated abuser treatment.
[(2) Improving the response of Child Protective
Service agencies to battered mothers of abused
children.
[(3) Child custody issues in domestic violence cases.
[(4) The use of the self-defense plea by domestic
violence victims.
[(5) Improving interdisciplinary health care
responses and access to health care resources for
victims of domestic violence.
[(6) Improving access to and the quality of legal
representation for victims of domestic violence in
civil litigation, including the issuance and
enforcement of protection orders.
[(7) Providing technical assistance and training to
State domestic violence coalitions.
[(d) Eligibility.--To be eligible to receive a grant under
this section an entity shall be a private nonprofit
organization that--
[(1) focuses primarily on domestic violence;
[(2) provides documentation to the Secretary
demonstrating experience working directly on issues of
domestic violence, particularly in the specific subject
area for which it is applying;
[(3) include on its advisory boards representatives
from domestic violence programs in the region who are
geographically and culturally diverse; and
[(4) demonstrate the strong support of domestic
violence advocates from across the country and the
region for their designation as the national or a
special issue resource center.
[(e) Reporting.--Not later than 6 months after receiving a
grant under this section, a grantee shall prepare and submit a
report to the Secretary that evaluates the effectiveness of the
use of amounts received under such grant by such grantee and
containing such additional information as the Secretary may
prescribe.
[(f) Definition.--For purposes of this section, the term
``Indian tribal agency'' means an Indian tribe or tribal
organization, as de- fined in section 4 of the Indian Self-
Determination and Education Assistance Act.]
[SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
[(a) In general.--
[(1) Authorization.--There are authorized to be
appropriated to carry out sections 303 through 311,
$175,000,000 for each of fiscal years 2004 through
2008.
[(2) Projects to address needs of children who
witness domestic violence.--For a fiscal year in which
the amounts appropriated under paragraph (1) exceed
$130,000,000, the Secretary shall reserve and make
available a portion of the excess to carry out section
303(c).
[(b) Section 303 (a) and (b).--Of the amounts appropriated
under subsection (a) for each fiscal year (and not reserved
under subsection (a)(2)), not less than 70 percent shall be
used for making grants under subsection 303(a), and not less
than 10 percent shall be used for the purpose of carrying out
section 303(b).
[(c) Section 308.--Of the amounts appropriated under sub-
section (a) for each fiscal year (and not reserved under
subsection (a)(2)), 5 percent shall be used by the Secretary
for making grants under section 308.
[(d) Grants for State Coalitions.--Of the amounts
appropriated under subsection (a) for each fiscal year (and not
reserved under subsection (a)(2)), not less than 10 percent of
such amounts shall be used by the Secretary for making grants
under section 311.
[(e) Non-Supplanting Requirement.--Federal funds made
available to a State under this title shall be used to
supplement and not supplant other Federal, State, and local
public funds expended to provide services and activities that
promote the purposes of this title.]
[SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
[(a) In General.--The Secretary shall award grants for the
funding of State domestic violence coalitions. Such coalitions
shall further the purposes of domestic violence intervention
and preven- tion through activities, including--
[(1) working with local domestic violence programs
and providers of direct services to encourage
appropriate responses to domestic violence within the
State, including--
[(A) training and technical assistance for
local programs and professionals working with
victims of domestic violence;
[(B) planning and conducting State needs
assessments and planning for comprehensive
services;
[(C) serving as an information clearinghouse
and re- source center for the State; and
[(D) collaborating with other governmental
systems which affect battered women;
[(2) working with judicial and law enforcement
agencies to encourage appropriate responses to domestic
violence cases and examine issues including--
[(A) the inappropriateness of mutual
protection orders;
[(B) the prohibition of mediation when
domestic violence is involved;
[(C) the use of mandatory arrests of accused
offenders;
[(D) the discouragement of dual arrests;
[(E) the adoption of aggressive and vertical
prosecution policies and procedures;
[(F) the use of mandatory requirements for
presentence investigations;
[(G) the length of time taken to prosecute
cases or reach plea agreements;
[(H) the use of plea agreements;
[(I) the consistency of sentencing, including
comparisons of domestic violence crimes with
other violent crimes;
[(J) the restitution of victims;
[(K) the use of training and technical
assistance to law enforcement, judges, court
officers and other criminal justice
professionals;
[(L) the reporting practices of, and
significance to be accorded to, prior
convictions (both felony and misdemeanor) and
protection orders;
[(M) the use of interstate extradition in
cases of domes- tic violence crimes;
[(N) the use of statewide and regional
planning; and
[(O) any other matters as the Secretary and
the State domestic violence coalitions believe
merit investigations;
[(3) work with family law judges, criminal court
judges, Child Protective Services agencies, and
children's advocates to develop appropriate responses
to child custody and visitation issues in domestic
violence cases as well as cases where domestic violence
and child abuse are both present, including--
[(A) the inappropriateness of mutual
protection orders;
[(B) the prohibition of mediation where
domestic violence is involved;
[(C) the inappropriate use of marital or
conjoint counseling in domestic violence cases;
[(D) the use of training and technical
assistance for family law judges, criminal
court judges, and court personnel;
[(E) the presumption of custody to domestic
violence victims;
[(F) the use of comprehensive protection
orders to grant fullest protections possible to
victims of domestic violence, including
temporary custody support and maintenance;
[(G) the development by Child Protective
Service of supportive responses that enable
victims to protect their children;
[(H) the implementation of supervised
visitations or denial of visitation to protect
against danger to victims or their children;
and
[(I) the possibility of permitting domestic
violence victims to remove children from the
State when the safety of the children or the
victim is at risk;
[(4) conduct public education campaigns regarding
domestic violence through the use of public service
announcements and informative materials that are
designed for print media, bill-boards, public transit
advertising, electronic broadcast media, and other
vehicles for information that shall inform the public
concerning domestic violence, including information
aimed at undeserved racial, ethnic or language-minority
populations; and
[(5) participate in planning and monitoring of the
distribution of grants and grant funds to their State
under section 303(a).
[(b) Eligibility.--To be eligible for a grant under this
section, an entity shall be a statewide nonprofit State
domestic violence coalition meeting the following conditions:
[(1) The membership of the coalition includes
representatives from a majority of the programs for
victims of domestic violence in the State.
[(2) The board membership of the coalition is
representative of such programs.
[(3) The purpose of the coalition is to provide
services, community education, and technical assistance
to such programs to establish and maintain shelter and
related services for victims of domestic violence and
their children.
[(4) In the application submitted by the coalition
for the grant, the coalition provides assurances
satisfactory to the Secretary that the coalition--
[(A) has actively sought and encouraged the
participation of law enforcement agencies and
other legal or judicial entities in the
preparation of the application; and
[(B) will actively seek and encourage the
participation of such entities in the
activities carried out with the grant.
[(c) Allotment of Funds.--From amounts appropriated under
this section for each fiscal year, the Secretary shall allot to
each State, the District of Columbia, the Commonwealth of
Puerto Rico, and the combined U.S. Territories an amount equal
to \1/53\ of the amount appropriated for such fiscal year. For
purposes of this section, the term ``combined U.S.
Territories'' means Guam, American Samoa, the U.S. Virgin
Islands, the Northern Mariana Islands, and the Trust Territory
of the Pacific Islands and shall not receive less than 1.5
percent of the funds appropriated for each fiscal year.
[(d) Prohibition on Lobbying.--No funds made available to
entities under this section shall be used, directly or
indirectly, to influence the issuance, amendment, or revocation
of any executive order or similar promulgation by any Federal,
State or local agency, or to undertake to influence the passage
or defeat of any legislation by Congress, or by any State or
local legislative body, or State proposals by initiative
petition, except that the representatives of the entity may
testify or make other appropriate communication--
[(1) when formally requested to do so by a
legislative body, a committee, or a member thereof; or
[(2) in connection with legislation or appropriations
directly affecting the activities of the entity.
[(e) Reporting.--Each State domestic violence coalition
receiving amounts under this section shall submit a report to
the Secretary describing the coordination, training and
technical assistance and public education services performed
with such amounts and evaluating the effectiveness of those
services.
[(f) Definition.--For purposes of this section, a State
domestic violence coalition may include representatives of
Indian tribes and tribal organizations, as defined in section 4
of the Indian Self-Determination and Education Assistance Act.
[(g) Funding.--Of the amount appropriated under section
310(a) for a fiscal year (and not reserved under section
310(a)(2)), not less than 10 percent of such amount shall be
made available to award grants under this section.]
[ADMINISTRATION AND STATUTORY CONSTRUCTION
[Sec. 312. (a) In order to carry out the provisions of this
title, the Secretary is authorized to--
[(1) appoint and fix the compensation of such
personnel as are necessary;
[(2) procure, to the extent authorized by section
3109 of title 5, United States Code, such temporary and
intermittent services of experts and consultants as are
necessary;
[(3) make grants to public and nonprofit private
entities or enter into contracts with public or private
entities; and
[(4) prescribe such regulations as are reasonably
necessary in order to carry out the purposes and
provisions of this title.
[Not later than 90 days after the date of enactment of this
sentence, the Secretary shall publish proposed regulations
implementing sections 303, 308, and 314. Not later than 120
days after such date of enactment, the Secretary shall publish
final regulations implementing such sections.
[(b) Nothing in this title shall be construed to supersede
the application of State or local requirements for the
reporting of incidents of suspected child abuse to the
appropriate State authorities.
[(c) Of the amount appropriated under section 310(a) for
each fiscal year (and not reserved under section 310(a)(2)),
not more than 2.5 percent shall be used by the Secretary for
evaluation, monitoring, and other administrative costs under
this title.]
[SEC. 314. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS.
[(a) In General.--The Secretary may make grants to public
or private nonprofit entities to provide public information
campaigns regarding domestic violence through the use of public
service announcements and informative materials that are
designed for print media, billboards, public transit
advertising, electronic broadcast media, and other vehicles for
information that shall inform the public concerning domestic
violence.
[(b) Application.--No grant, contract, or cooperative
agreement shall be made or entered into under this section
unless an application that meets the requirements of subsection
(c) has been approved by the Secretary.
[(c) Requirements.--An application submitted under
subsection (b) shall--
[(1) provide such agreements, assurances, and
information, be in such form and be submitted in such
manner as the Secretary shall prescribe through notice
in the Federal Register, including a description of how
the proposed public information campaign will target
the population at risk, including pregnant women;
[(2) include a complete description of the plan of
the application for the development of a public
information campaign;
[(3) identify the specific audiences that will be
educated, including communities and groups with the
highest prevalence of domestic violence;
[(4) identify the media to be used in the campaign
and the geographic distribution of the campaign;
[(5) describe plans to test market a development plan
with a relevant population group and in a relevant
geographic area and give assurance that effectiveness
criteria will be implemented prior to the completion of
the final plan that will include an evaluation
component to measure the overall effectiveness of the
campaign;
[(6) describe the kind, amount, distribution, and
timing of informational messages and such other
information as the Secretary may require, with
assurances that media organizations and other groups
with which such messages are placed will not lower the
current frequency of public service announcements; and
[(7) contain such other information as the Secretary
may require.
[(d) Use.--A grant, contract, or agreement made or entered
into under this section shall be used for the development of a
public information campaign that may include public service
announcements, paid educational messages for print media,
public transit advertising, electronic broadcast media, and any
other mode of conveying information that the Secretary
determines to be appropriate.
[(e) Criteria.--The criteria for awarding grants shall
ensure that an applicant--
[(1) will conduct activities that educate communities
and groups at greatest risk;
[(2) has a record of high quality campaigns of a
comparable type; and
[(3) has a record of high quality campaigns that
educate the population groups identified as most at
risk.
[(f) For purposes of this section, the term ``public or
private non-profit entity'' includes an ``Indian tribe'' or
``tribal organization'', as defined in section 4 of the Indian
Self-Determination and Education Assistance Act.]
TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES
SEC. 301. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the ``Family
Violence Prevention and Services Act''.
(b) Purpose.--It is the purpose of this title to--
(1) assist States and Indian tribes in efforts to
increase public awareness about, and primary and
secondary prevention of, family violence, domestic
violence, and dating violence;
(2) assist States and Indian tribes in efforts to
provide immediate shelter and supportive services for
victims of family violence, domestic violence, or
dating violence, and their dependents;
(3) provide for a national domestic violence
hotline;
(4) provide for technical assistance and training
relating to family violence, domestic violence, and
dating violence programs to States and Indian tribes,
local public agencies (including law enforcement
agencies, courts, and legal, social service, and health
care professionals in public agencies), nonprofit
private organizations (including faith-based and
charitable organizations, community-based
organizations, and voluntary associations), tribal
organizations, and other persons seeking such
assistance and training.
SEC. 302. DEFINITIONS.
In this title:
(1) Alaska native.--The term ``Alaska Native'' has
the meaning given the term ``Native'' in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(2) Dating violence.--The term ``dating violence''
has the meaning given such term in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).
(3) Domestic violence.--The term ``domestic
violence'' has the meaning given such term in section
40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)).
(4) Family violence.--The term ``family violence''
means any act or threatened act of violence, including
any forceful detention of an individual, that--
(A) results or threatens to result in
physical injury; and
(B) is committed by a person against another
individual (including an elderly individual) to
or with whom such person--
(i) is related by blood;
(ii) is or was related by marriage
or is or was otherwise legally related;
or
(iii) is or was lawfully residing.
(5) Indian; indian tribe; tribal organization.--The
terms ``Indian'', ``Indian tribe'', and ``tribal
organization'' have the meanings given such terms in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(6) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given the term in section 7207 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517).
(7) Personally identifying information.--The term
``personally identifying information'' has the meaning
given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).
(8) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(9) Shelter.--The term ``shelter'' means the
provision of temporary refuge and supportive services
in compliance with applicable State law (including
regulation) governing the provision, on a regular
basis, of shelter, safe homes, meals, and supportive
services to victims of family violence, domestic
violence, or dating violence, and their dependents.
(10) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and, except as otherwise
provided, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(11) State domestic violence coalition.--The term
``State Domestic Violence Coalition'' means a statewide
nongovernmental nonprofit private domestic violence
organization that--
(A) has a membership that includes a
majority of the primary-purpose domestic
violence service providers in the State;
(B) has board membership that is
representative of primary-purpose domestic
violence service providers, and which may
include representatives of the communities in
which the services are being provided in the
State;
(C) has as its purpose to provide education,
support, and technical assistance to such
service providers to enable the providers to
establish and maintain shelter and supportive
services for victims of domestic violence and
their dependents; and
(D) serves as an information clearinghouse,
primary point of contact, and resource center
on domestic violence for the State and supports
the development of polices, protocols, and
procedures to enhance domestic violence
intervention and prevention in the State.
(12) Supportive services.--The term ``supportive
services'' means services for adult and youth victims
of family violence, domestic violence, or dating
violence, and dependents exposed to family violence,
domestic violence, or dating violence, that are
designed to--
(A) meet the needs of such victims of family
violence, domestic violence, or dating
violence, and their dependents, for short-term,
transitional, or long-term safety; and
(B) provide counseling, advocacy, or
assistance for victims of family violence,
domestic violence, or dating violence, and
their dependents.
(13) Tribally designated official.--The term
``tribally designated official'' means an individual
designated by an Indian tribe, tribal organization, or
nonprofit private organization authorized by an Indian
tribe, to administer a grant under section 309.
(14) Underserved populations.--The term
``underserved populations'' has the meaning given the
term in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(a). For the purposes of
this title, the Secretary has the same authority to
determine whether a population is an underserved
population as the Attorney General has under that
section 40002(a).
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(a) Formula Grants to States.--
(1) In general.--There is authorized to be
appropriated to carry out sections 301 through 312,
$175,000,000 for each of fiscal years 2011 through
2015.
(2) Allocations.--
(A) Formula grants to states.--
(i) Reservation of funds.--For any
fiscal year for which the amounts
appropriated under paragraph (1) exceed
$130,000,000, not less than 25 percent
of such excess funds shall be made
available to carry out section 312.
(ii) Formula grants.--Of the amounts
appropriated under paragraph (1) for a
fiscal year and not reserved under
clause (i), not less than 70 percent
shall be used for making grants under
section 306(a).
(B) Grants to tribes.--Of the amounts
appropriated under paragraph (1) for a fiscal
year and not reserved under subparagraph
(A)(i), not less than 10 percent shall be used
to carry out section 309.
(C) Technical assistance and training
centers.--Of the amounts appropriated under
paragraph (1) for a fiscal year and not
reserved under subparagraph (A)(i), not less
than 6 percent shall be used by the Secretary
for making grants under section 310.
(D) Grants for state domestic violence
coalitions.--Of the amounts appropriated under
paragraph (1) for a fiscal year and not
reserved under subparagraph (A)(i), not less
than 10 percent of such amounts shall be used
by the Secretary for making grants under
section 311.
(E) Administration, evaluation and
monitoring.--Of the amount appropriated under
paragraph (1) for a fiscal year and not
reserved under subparagraph (A)(i), not more
than 2.5 percent shall be used by the Secretary
for evaluation, monitoring, and other
administrative costs under this title.
(b) National Domestic Violence Hotline.--There is authorized
to be appropriated to carry out section 313 $3,500,000 for each
of fiscal years 2011 through 2015.
(c) Domestic Violence Prevention Enhancement and Leadership
Through Alliances.--There is authorized to be appropriated to
carry out section 314 $6,000,000 for each of fiscal years 2011
through 2015.
SEC. 304. AUTHORITY OF SECRETARY.
(a) Authorities.--In order to carry out the provisions of
this title, the Secretary is authorized to--
(1) appoint and fix the compensation of such
personnel as are necessary;
(2) procure, to the extent authorized by section
3109 of title 5, United States Code, such temporary and
intermittent services of experts and consultants as are
necessary;
(3) make grants to eligible entities or enter into
contracts with for-profit or nonprofit nongovernmental
entities and establish reporting requirements for such
grantees and contractors;
(4) prescribe such regulations and guidance as are
reasonably necessary in order to carry out the
objectives and provisions of this title, including
regulations and guidance on implementing new grant
conditions established or provisions modified by
amendments made to this title by the CAPTA
Reauthorization Act of 2010, to ensure accountability
and transparency of the actions of grantees and
contractors, or as determined by the Secretary to be
reasonably necessary to carry out this title; and
(5) coordinate programs within the Department of
Health and Human Services, and seek to coordinate those
programs with programs administered by other Federal
agencies, that involve or affect efforts to prevent
family violence, domestic violence, and dating violence
or the provision of assistance for adult and youth
victims of family violence, domestic violence, or
dating violence.
(b) Administration.--The Secretary shall--
(1) assign 1 or more employees of the Department of
Health and Human Services to carry out the provisions
of this title, including carrying out evaluation and
monitoring under this title, which employees shall,
prior to such appointment, have expertise in the field
of family violence and domestic violence prevention and
services and, to the extent practicable, have expertise
in the field of dating violence;
(2) provide technical assistance in the conduct of
programs for the prevention and treatment of family
violence, domestic violence, and dating violence;
(3) provide for and coordinate research into the
most effective approaches to the intervention in and
prevention of family violence, domestic violence, and
dating violence, by--
(A) consulting with experts and program
providers within the family violence, domestic
violence, and dating violence field to identify
gaps in research and knowledge, establish
research priorities, and disseminate research
findings;
(B) collecting and reporting data on the
provision of family violence, domestic
violence, and dating violence services,
including assistance and programs supported by
Federal funds made available under this title
and by other governmental or nongovernmental
sources of funds; and
(C) coordinating family violence, domestic
violence, and dating violence research efforts
within the Department of Health and Human
Services with relevant research administered or
carried out by other Federal agencies and other
researchers, including research on the
provision of assistance for adult and youth
victims of family violence, domestic violence,
or dating violence; and
(4) support the development and implementation of
effective policies, protocols, and programs within the
Department and at other Federal agencies that address
the safety and support needs of adult and youth victims
of family violence, domestic violence, or dating
violence.
(c) Reports.--Every 2 years, the Secretary shall review and
evaluate the activities conducted by grantees, subgrantees, and
contractors under this title and the effectiveness of the
programs administered pursuant to this title, and submit a
report containing the evaluation to the Committee on Education
and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate. Such
report shall also include a summary of the documentation
provided to the Secretary through performance reports submitted
under section 306(d). The Secretary shall make publicly
available on the Department of Health and Human Services
website the evaluation reports submitted to Congress under this
subsection, including the summary of the documentation provided
to the Secretary under section 306(d).
SEC. 305. ALLOTMENT OF FUNDS.
(a) In General.--From the sums appropriated under section 303
and available for grants to States under section 306(a) for any
fiscal year--
(1) Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands shall each be allotted not less than \1/8\ of 1
percent of the amounts available for grants under
section 306(a) for the fiscal year for which the
allotment is made; and
(2) each State shall be allotted for a grant under
section 306(a), $600,000, with the remaining funds to
be allotted to each State in an amount that bears the
same ratio to such remaining funds as the population of
such State bears to the population of all States.
(b) Population.--For the purpose of this section, the
population of each State, and the total population of all the
States, shall be determined by the Secretary on the basis of
the most recent census data available to the Secretary, and the
Secretary shall use for such purpose, if available, the annual
interim current census data produced by the Secretary of
Commerce pursuant to section 181 of title 13, United States
Code.
(c) Ratable Reduction.--If the sums appropriated under
section 303 for any fiscal year and available for grants to
States under section 306(a) are not sufficient to pay in full
the total amounts that all States are entitled to receive under
subsection (a) for such fiscal year, then the maximum amounts
that all States are entitled to receive under subsection (a)
for such fiscal year shall be ratably reduced. In the event
that additional funds become available for making such grants
for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
(d) Reallotment.--If, at the end of the sixth month of any
fiscal year for which sums are appropriated under section 303,
the amount allotted to a State has not been made available to
such State in a grant under section 306(a) because of the
failure of such State to meet the requirements for such a
grant, then the Secretary shall reallot such amount to States
that meet such requirements.
(e) Continued Availability of Funds.--All funds allotted to a
State for a fiscal year under this section, and made available
to such State in a grant under section 306(a), shall remain
available for obligation by the State until the end of the
following fiscal year. All such funds that are not obligated by
the State by the end of the following fiscal year shall be made
available to the Secretary for discretionary activities under
section 314. Such funds shall remain available for obligation,
and for expenditure by a recipient of the funds under section
314, for not more than 1 year from the date on which the funds
are made available to the Secretary.
(f) Definition.--In subsection (a)(2), the term ``State''
does not include any jurisdiction specified in subsection
(a)(1).
SEC. 306. FORMULA GRANTS TO STATES.
(a) Formula Grants to States.--The Secretary shall award
grants to States in order to assist in supporting the
establishment, maintenance, and expansion of programs and
projects--
(1) to prevent incidents of family violence, domestic
violence, and dating violence;
(2) to provide immediate shelter, supportive
services, and access to community-based programs for
victims of family violence, domestic violence, or
dating violence, and their dependents; and
(3) to provide specialized services for children
exposed to family violence, domestic violence, or
dating violence, underserved populations, and victims
who are members of racial and ethnic minority
populations.
(b) Administrative Expenses.--
(1) Administrative costs.--Each State may use not
more than 5 percent of the grant funds for State
administrative costs.
(2) Subgrants to eligible entities.--The State shall
use the remainder of the grant funds to make subgrants
to eligible entities for approved purposes as described
in section 308.
(c) Grant Conditions.--
(1) Approved activities.--In carrying out the
activities under this title, grantees and subgrantees
may collaborate with and provide information to
Federal, State, local, and tribal public officials and
agencies, in accordance with limitations on disclosure
of confidential or private information as described in
paragraph (5), to develop and implement policies to
reduce or eliminate family violence, domestic violence,
and dating violence.
(2) Discrimination prohibited.--
(A) Application of civil rights provisions.--
For the purpose of applying the prohibitions
against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.), on the basis of
disability under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), on
the basis of sex under title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), or on the basis of race, color, or
national origin under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.),
programs and activities funded in whole or in
part with funds made available under this title
are considered to be programs and activities
receiving Federal financial assistance.
(B) Prohibition on discrimination on basis of
sex, religion.--
(i) In general.--No person shall on
the ground of sex or religion be
excluded from participation in, be
denied the benefits of, or be subject
to discrimination under, any program or
activity funded in whole or in part
with funds made available under this
title. Nothing in this title shall
require any such program or activity to
include any individual in any program
or activity without taking into
consideration that individual's sex in
those certain instances where sex is a
bona fide occupational qualification or
programmatic factor reasonably
necessary to the normal or safe
operation of that particular program or
activity.
(ii) Enforcement.--The Secretary
shall enforce the provisions of clause
(i) in accordance with section 602 of
the Civil Rights Act of 1964 (42 U.S.C.
2000d-1). Section 603 of such Act (42
U.S.C. 2000d-2) shall apply with
respect to any action taken by the
Secretary to enforce such clause.
(iii) Construction.--This
subparagraph shall not be construed as
affecting any legal remedy provided
under any other provision of law.
(C) Enforcement authorities of secretary.--
Whenever the Secretary finds that a State,
Indian tribe, or other entity that has received
financial assistance under this title has
failed to comply with a provision of law
referred to in subparagraph (A), with
subparagraph (B), or with an applicable
regulation (including one prescribed to carry
out subparagraph (B)), the Secretary shall
notify the chief executive officer of the State
involved or the tribally designated official of
the tribe involved and shall request such
officer or official to secure compliance. If,
within a reasonable period of time, not to
exceed 60 days, the chief executive officer or
official fails or refuses to secure compliance,
the Secretary may--
(i) refer the matter to the Attorney
General with a recommendation that an
appropriate civil action be instituted;
(ii) exercise the powers and
functions provided by title VI of the
Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.), the Age Discrimination
Act of 1975 (42 U.S.C. 6101 et seq.),
sections 504 and 505 of the
Rehabilitation Act of 1973 (29 U.S.C.
794, 794(a)), or title IX of the
Education Amendments of 1972 (20 U.S.C.
1681 et seq.), as may be applicable; or
(iii) take such other action as may
be provided by law.
(D) Enforcement authority of attorney
general.--When a matter is referred to the
Attorney General pursuant to subparagraph
(C)(i), or whenever the Attorney General has
reason to believe that a State, an Indian
tribe, or an entity described in subparagraph
(C) is engaged in a pattern or practice in
violation of a provision of law referred to in
subparagraph (A) or in violation of
subparagraph (B), the Attorney General may
bring a civil action in any appropriate
district court of the United States for such
relief as may be appropriate, including
injunctive relief.
(3) Income eligibility standards.--No income
eligibility standard may be imposed upon individuals
with respect to eligibility for assistance or services
supported with funds appropriated to carry out this
title. No fees may be levied for assistance or services
provided with funds appropriated to carry out this
title.
(4) Match.--No grant shall be made under this section
to any entity other than a State or an Indian tribe
unless the entity agrees that, with respect to the
costs to be incurred by the entity in carrying out the
program or project for which the grant is awarded, the
entity will make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount that is not less than $1 for
every $5 of Federal funds provided under the grant. The
non-Federal contributions required under this paragraph
may be in cash or in kind.
(5) Nondisclosure of confidential or private
information.--
(A) In general.--In order to ensure the
safety of adult, youth, and child victims of
family violence, domestic violence, or dating
violence, and their families, grantees and
subgrantees under this title shall protect the
confidentiality and privacy of such victims and
their families.
(B) Nondisclosure.--Subject to subparagraphs
(C), (D), and (E), grantees and subgrantees
shall not--
(i) disclose any personally
identifying information collected in
connection with services requested
(including services utilized or
denied), through grantees' and
subgrantees' programs; or
(ii) reveal personally identifying
information without informed, written,
reasonably time-limited consent by the
person about whom information is
sought, whether for this program or any
other Federal or State grant program,
which consent--
(I) shall be given by--
(aa) the person,
except as provided in
item (bb) or (cc);
(bb) in the case of
an unemancipated minor,
the minor and the
minor's parent or
guardian; or
(cc) in the case of
an individual with a
guardian, the
individual's guardian;
and
(II) may not be given by the
abuser or suspected abuser of
the minor or individual with a
guardian, or the abuser or
suspected abuser of the other
parent of the minor.
(C) Release.--If release of information
described in subparagraph (B) is compelled by
statutory or court mandate--
(i) grantees and subgrantees shall
make reasonable attempts to provide
notice to victims affected by the
release of the information; and
(ii) grantees and subgrantees shall
take steps necessary to protect the
privacy and safety of the persons
affected by the release of the
information.
(D) Information sharing.--Grantees and
subgrantees may share--
(i) nonpersonally identifying
information, in the aggregate,
regarding services to their clients and
demographic nonpersonally identifying
information in order to comply with
Federal, State, or tribal reporting,
evaluation, or data collection
requirements;
(ii) court-generated information and
law enforcement-generated information
contained in secure, governmental
registries for protective order
enforcement purposes; and
(iii) law enforcement- and
prosecution-generated information
necessary for law enforcement and
prosecution purposes.
(E) Oversight.--Nothing in this paragraph
shall prevent the Secretary from disclosing
grant activities authorized in this title to
the Committee on Education and Labor of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate and exercising congressional oversight
authority. In making all such disclosures, the
Secretary shall protect the confidentiality of
individuals and omit personally identifying
information, including location information
about individuals and shelters.
(F) Statutorily permitted reports of abuse or
neglect.--Nothing in this paragraph shall
prohibit a grantee or subgrantee from reporting
abuse and neglect, as those terms are defined
by law, where mandated or expressly permitted
by the State or Indian tribe involved.
(G) Preemption.--Nothing in this paragraph
shall be construed to supersede any provision
of any Federal, State, tribal, or local law
that provides greater protection than this
paragraph for victims of family violence,
domestic violence, or dating violence.
(H) Confidentiality of location.--The address
or location of any shelter facility assisted
under this title that otherwise maintains a
confidential location shall, except with
written authorization of the person or persons
responsible for the operation of such shelter,
not be made public.
(6) Supplement not supplant.--Federal funds made
available to a State or Indian tribe under this title
shall be used to supplement and not supplant other
Federal, State, tribal, and local public funds expended
to provide services and activities that promote the
objectives of this title.
(d) Reports and Evaluation.--Each grantee shall submit an
annual performance report to the Secretary at such time as
shall be reasonably required by the Secretary. Such performance
report shall describe the grantee and subgrantee activities
that have been carried out with grant funds made available
under subsection (a) or section 309, contain an evaluation of
the effectiveness of such activities, and provide such
additional information as the Secretary may reasonably require.
SEC. 307. STATE APPLICATION.
(a) Application.--
(1) In general.--The chief executive officer of a
State seeking funds under section 306(a) or a tribally
designated official seeking funds under section 309(a)
shall submit an application to the Secretary at such
time and in such manner as the Secretary may reasonably
require.
(2) Contents.--Each such application shall--
(A) provide a description of the procedures
that have been developed to ensure compliance
with the provisions of sections 306(c) and
308(d);
(B) provide, with respect to funds described
in paragraph (1), assurances that--
(i) not more than 5 percent of such
funds will be used for administrative
costs;
(ii) the remaining funds will be
distributed to eligible entities as
described in section 308(a) for
approved activities as described in
section 308(b); and
(iii) in the distribution of funds by
a State under section 308(a), the State
will give special emphasis to the
support of community-based projects of
demonstrated effectiveness, that are
carried out by nonprofit private
organizations and that--
(I) have as their primary
purpose the operation of
shelters for victims of family
violence, domestic violence and
dating violence, and their
dependents; or
(II) provide counseling,
advocacy, and self-help
services to victims of family
violence, domestic violence,
and dating violence, and their
dependents;
(C) in the case of an application submitted
by a State, provide an assurance that there
will be an equitable distribution of grants and
grant funds within the State and between urban
and rural areas within such State;
(D) in the case of an application submitted
by a State, provide an assurance that the State
will consult with and provide for the
participation of the State Domestic Violence
Coalition in the planning and monitoring of the
distribution of grants to eligible entities as
described in section 308(a) and the
administration of the grant programs and
projects;
(E) describe how the State or Indian tribe
will involve community-based organizations,
whose primary purpose is to provide culturally
appropriate services to underserved
populations, including how such community-based
organizations can assist the State or Indian
tribe in addressing the unmet needs of such
populations;
(F) describe how activities and services
provided by the State or Indian tribe are
designed to reduce family violence, domestic
violence, and dating violence, including how
funds will be used to provide shelter,
supportive services, and prevention services in
accordance with section 308(b);
(G) specify the State agency or tribally
designated official to be designated as
responsible for the administration of programs
and activities relating to family violence,
domestic violence, and dating violence, that
are carried out by the State or Indian tribe
under this title, and for coordination of
related programs within the jurisdiction of the
State or Indian tribe;
(H) provide an assurance that the State or
Indian tribe has a law or procedure that has
been implemented for the eviction of an abusing
spouse from a shared household; and
(I) meet such requirements as the Secretary
reasonably determines are necessary to carry
out the objectives and provisions of this
title.
(b) Approval of Application.--
(1) In general.--The Secretary shall approve any
application that meets the requirements of subsection
(a) and section 306. The Secretary shall not disapprove
any application under this subsection unless the
Secretary gives the applicant reasonable notice of the
Secretary's intention to disapprove and a 6-month
period providing an opportunity for correction of any
deficiencies.
(2) Correction of deficiencies.--The Secretary shall
give such notice, within 45 days after the date of
submission of the application, if any of the provisions
of subsection (a) or section 306 have not been
satisfied in such application. If the State or Indian
tribe does not correct the deficiencies in such
application within the 6-month period following the
receipt of the Secretary's notice, the Secretary shall
withhold payment of any grant funds under section 306
to such State or under section 309 to such Indian tribe
until such date as the State or Indian tribe provides
documentation that the deficiencies have been
corrected.
(3) State or tribal domestic violence coalition
participation in determinations of compliance.--State
Domestic Violence Coalitions, or comparable coalitions
for Indian tribes, shall be permitted to participate in
determining whether grantees for corresponding States
or Indian tribes are in compliance with subsection (a)
and section 306(c), except that no funds made available
under section 311 shall be used to challenge a
determination about whether a grantee is in compliance
with, or to seek the enforcement of, the requirements
of this title.
(4) Failure to report; nonconforming expenditures.--
The Secretary shall suspend funding for an approved
application if the applicant fails to submit an annual
performance report under section 306(d), or if funds
are expended for purposes other than those set forth in
section 306(b), after following the procedures set
forth in paragraphs (1), (2), and (3).
SEC. 308. SUBGRANTS AND USES OF FUNDS.
(a) Subgrants.--A State that receives a grant under
section 306(a) shall use grant funds described in section
306(b)(2) to provide subgrants to eligible entities for
programs and projects within such State, that is designed to
prevent incidents of family violence, domestic violence, and
dating violence by providing immediate shelter and supportive
services for adult and youth victims of family violence,
domestic violence, or dating violence (and their dependents),
and that may provide prevention services to prevent future
incidents of family violence, domestic violence, and dating
violence.
(b) Use of Funds.--
(1) In general.--Funds awarded to eligible entities
under subsection (a) shall be used to provide shelter,
supportive services, or prevention services to adult
and youth victims of family violence, domestic
violence, or dating violence, and their dependents,
which may include--
(A) provision, on a regular basis, of
immediate shelter and related supportive
services to adult and youth victims of family
violence, domestic violence, or dating
violence, and their dependents, including
paying for the operating and administrative
expenses of the facilities for such shelter;
(B) assistance in developing safety plans,
and supporting efforts of victims of family
violence, domestic violence, or dating violence
to make decisions related to their ongoing
safety and well-being;
(C) provision of individual and group
counseling, peer support groups, and referral
to community-based services to assist family
violence, domestic violence, and dating
violence victims, and their dependents, in
recovering from the effects of the violence;
(D) provision of services, training,
technical assistance, and outreach to increase
awareness of family violence, domestic
violence, and dating violence and increase the
accessibility of family violence, domestic
violence, and dating violence services;
(E) provision of culturally and
linguistically appropriate services;
(F) provision of services for children
exposed to family violence, domestic violence,
or dating violence, including age-appropriate
counseling, supportive services, and services
for the nonabusing parent that support that
parent's role as a caregiver, which may, as
appropriate, include services that work with
the nonabusing parent and child together;
(G) provision of advocacy, case management
services, and information and referral
services, concerning issues related to family
violence, domestic violence, or dating violence
intervention and prevention, including--
(i) assistance in accessing related
Federal and State financial assistance
programs;
(ii) legal advocacy to assist victims
and their dependents;
(iii) medical advocacy, including
provision of referrals for appropriate
health care services (including mental
health, alcohol, and drug abuse
treatment), but which shall not include
reimbursement for any health care
services;
(iv) assistance locating and securing
safe and affordable permanent housing
and homelessness prevention services;
(v) provision of transportation,
child care, respite care, job training
and employment services, financial
literacy services and education,
financial planning, and related
economic empowerment services; and
(vi) parenting and other educational
services for victims and their
dependents; and
(H) prevention services, including outreach
to underserved populations.
(2) Shelter and supportive services.--Not less than
70 percent of the funds distributed by a State under
subsection (a) shall be distributed to entities for the
primary purpose of providing immediate shelter and
supportive services to adult and youth victims of
family violence, domestic violence, or dating violence,
and their dependents, as described in paragraph (1)(A).
Not less than 25 percent of the funds distributed by a
State under subsection (a) shall be distributed to
entities for the purpose of providing supportive
services and prevention services as described in
subparagraphs (B) through (H) of paragraph (1).
(c) Eligible Entities.--To be eligible to receive a
subgrant from a State under this section, an entity shall be--
(1) a local public agency, or a nonprofit private
organization (including faith-based and charitable
organizations, community-based organizations, tribal
organizations, and voluntary associations), that
assists victims of family violence, domestic violence,
or dating violence, and their dependents, and has a
documented history of effective work concerning family
violence, domestic violence, or dating violence; or
(2) a partnership of 2 or more agencies or
organizations that includes--
(A) an agency or organization described in
paragraph (1); and
(B) an agency or organization that has a
demonstrated history of serving populations in
their communities, including providing
culturally appropriate services.
(d) Conditions.--
(1) Direct payments to victims or dependants.--No
funds provided under this title may be used as direct
payment to any victim of family violence, domestic
violence, or dating violence, or to any dependent of
such victim.
(2) Voluntarily accepted services.--Receipt of
supportive services under this title shall be
voluntary. No condition may be applied for the receipt
of emergency shelter as described in subsection
(b)(1)(A).
SEC. 309. GRANTS FOR INDIAN TRIBES.
(a) Grants Authorized.--The Secretary, in consultation with
tribal governments pursuant to Executive Order 13175 (25 U.S.C.
450 note) and in accordance with section 903 of the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (42 U.S.C. 14045d), shall continue to award grants for
Indian tribes from amounts appropriated under section
303(a)(2)(B) to carry out this section.
(b) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be an Indian tribe, or a
tribal organization or nonprofit private organization
authorized by an Indian tribe. An Indian tribe shall have the
option to authorize a tribal organization or a nonprofit
private organization to submit an application and administer
the grant funds awarded under this section.
(c) Conditions.--Each recipient of such a grant shall
comply with requirements that are consistent with the
requirements applicable to grantees under section 306.
(d) Grantee Application.--To be eligible to receive a grant
under this section, an entity shall submit an application to
the Secretary under section 307 at such time, in such manner,
and containing such information as the Secretary determines to
be essential to carry out the objectives and provisions of this
title. The Secretary shall approve any application that meets
requirements consistent with the requirements of section 306(c)
and section 307(a).
(e) Use of Funds.--An amount provided under a grant to an
eligible entity shall be used for the services described in
section 308(b).
SEC. 310. NATIONAL RESOURCE CENTERS AND TRAINING AND TECHNICAL
ASSISTANCE CENTERS.
(a) Purpose and Grants Authorized.--
(1) Purpose.--The purpose of this section is to
provide resource information, training, and technical
assistance relating to the objectives of this title to
improve the capacity of individuals, organizations,
governmental entities, and communities to prevent
family violence, domestic violence, and dating violence
and to provide effective intervention services.
(2) Grants authorized.--From the amounts appropriated
under this title and reserved under section
303(a)(2)(C), the Secretary--
(A) shall award grants to eligible entities
for the establishment and maintenance of--
(i) 2 national resource centers (as
provided for in subsection (b)(1)); and
(ii) at least 7 special issue
resource centers addressing key areas
of domestic violence, and intervention
and prevention (as provided for in
subsection (b)(2)); and
(B) may award grants, to--
(i) State resource centers to reduce
disparities in domestic violence in
States with high proportions of Indian
(including Alaska Native) or Native
Hawaiian populations (as provided for
in subsection (b)(3)); and
(ii) support training and technical
assistance that address emerging issues
related to family violence, domestic
violence, or dating violence, to
entities demonstrating related
expertise.
(b) Domestic Violence Resource Centers.--
(1) National resource centers.--In accordance with
subsection (a)(2), the Secretary shall award grants to
eligible entities for--
(A) a National Resource Center on Domestic
Violence, which shall--
(i) offer a comprehensive array of
technical assistance and training
resources to Federal, State, and local
governmental agencies, domestic
violence service providers, community-
based organizations, and other
professionals and interested parties,
related to domestic violence service
programs and research, including
programs and research related to
victims and their children who are
exposed to domestic violence; and
(ii) maintain a central resource
library in order to collect, prepare,
analyze, and disseminate information
and statistics related to--
(I) the incidence and
prevention of family violence
and domestic violence; and
(II) the provision of
shelter, supportive services,
and prevention services to
adult and youth victims of
domestic violence (including
services to prevent repeated
incidents of violence); and
(B) a National Indian Resource Center
Addressing Domestic Violence and Safety for
Indian Women, which shall--
(i) offer a comprehensive array of
technical assistance and training
resources to Indian tribes and tribal
organizations, specifically designed to
enhance the capacity of the tribes and
organizations to respond to domestic
violence and the findings of section
901 of the Violence Against Women and
Department of Justice Reauthorization
Act of 2005 (42 U.S.C. 3796gg-10 note);
(ii) enhance the intervention and
prevention efforts of Indian tribes and
tribal organizations to respond to
domestic violence and increase the
safety of Indian women in support of
the purposes of section 902 of the
Violence Against Women and Department
of Justice Reauthorization Act of 2005
(42. U.S.C. 3796gg-10 note); and
(iii) coordinate activities with
other Federal agencies, offices, and
grantees that address the needs of
Indians (including Alaska Natives), and
Native Hawaiians that experience
domestic violence, including the Office
of Justice Services at the Bureau of
Indian Affairs, the Indian Health
Service of the Department of Health and
Human Services, and the Office on
Violence Against Women of the
Department of Justice.
(2) Special issue resource centers.--In accordance
with subsection (a)(2)(A)(ii), the Secretary shall
award grants to eligible entities for special issue
resource centers, which shall be national in scope and
shall provide information, training, and technical
assistance to State and local domestic violence service
providers. Each special issue resource center shall
focus on enhancing domestic violence intervention and
prevention efforts in at least one of the following
areas:
(A) The response of the criminal and civil
justice systems to domestic violence victims,
which may include the response to the use of
the self-defense plea by domestic violence
victims and the issuance and use of protective
orders.
(B) The response of child protective service
agencies to victims of domestic violence and
their dependents and child custody issues in
domestic violence cases.
(C) The response of the interdisciplinary
health care system to victims of domestic
violence and access to health care resources
for victims of domestic violence.
(D) The response of mental health systems,
domestic violence service programs, and other
related systems and programs to victims of
domestic violence and to their children who are
exposed to domestic violence.
(E) In the case of 3 specific resource
centers, enhancing domestic violence
intervention and prevention efforts for victims
of domestic violence who are members of racial
and ethnic minority groups, to enhance the
cultural and linguistic relevancy of service
delivery, resource utilization, policy,
research, technical assistance, community
education, and prevention initiatives.
(3) State resource centers to reduce tribal
disparities.--
(A) In general.--In accordance with
subsection (a)(2), the Secretary may award
grants to eligible entities for State resource
centers, which shall provide statewide
information, training, and technical assistance
to Indian tribes, tribal organizations, and
local domestic violence service organizations
serving Indians (including Alaska Natives) or
Native Hawaiians, in a culturally sensitive and
relevant manner.
(B) Requirements.--An eligible entity shall
use a grant provided under this paragraph--
(i) to offer a comprehensive array of
technical assistance and training
resources to Indian tribes, tribal
organizations, and providers of
services to Indians (including Alaska
Natives) or Native Hawaiians,
specifically designed to enhance the
capacity of the tribes, organizations,
and providers to respond to domestic
violence, including offering the
resources in States in which the
population of Indians (including Alaska
Natives) or Native Hawaiians exceeds
2.5 percent of the total population of
the State;
(ii) to coordinate all projects and
activities with the national resource
center described in paragraph (1)(B),
including projects and activities that
involve working with nontribal State
and local governments to enhance their
capacity to understand the unique needs
of Indians (including Alaska Natives)
and Native Hawaiians; and
(iii) to provide comprehensive
community education and domestic
violence prevention initiatives in a
culturally sensitive and relevant
manner.
(c) Eligibility.--
(1) In general.--To be eligible to receive a grant
under subsection (b)(1)(A) or subparagraph (A), (B),
(C), or (D) of subsection (b)(2), an entity shall be a
nonprofit private organization that focuses primarily
on domestic violence and that--
(A) provides documentation to the Secretary
demonstrating experience working directly on
issues of domestic violence, and (in the case
of an entity seeking a grant under subsection
(b)(2)) demonstrating experience working
directly in the corresponding specific special
issue area described in subsection (b)(2);
(B) includes on the entity''s advisory board
representatives who are from domestic violence
service programs and who are geographically and
culturally diverse; and
(C) demonstrates the strong support of
domestic violence service programs from across
the Nation for the entity's designation as a
national resource center or a special issue
resource center, as appropriate.
(2) National indian resource center.--To be eligible
to receive a grant under subsection (b)(1)(B), an
entity shall be a tribal organization or a nonprofit
private organization that focuses primarily on issues
of domestic violence within Indian tribes and that
submits documentation to the Secretary demonstrating--
(A) experience working with Indian tribes and
tribal organizations to respond to domestic
violence and the findings of section 901 of the
Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C.
3796gg-10 note);
(B) experience providing Indian tribes and
tribal organizations with assistance in
developing tribally-based prevention and
intervention services addressing domestic
violence and safety for Indian women consistent
with the purposes of section 902 of the
Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C.
3796gg-10 note);
(C) strong support for the entity's
designation as the National Indian Resource
Center Addressing Domestic Violence and Safety
for Indian Women from advocates working within
Indian tribes to address domestic violence and
the safety of Indian women;
(D) a record of demonstrated effectiveness in
assisting Indian tribes and tribal
organizations with prevention and intervention
services addressing domestic violence; and
(E) the capacity to serve Indian tribes
(including Alaska Native villages and regional
and village corporations) across the United
States.
(3) Special issue resource centers concerned with
racial and ethnic minority groups.--To be eligible to
receive a grant under subsection (b)(2)(E), an entity
shall be an entity that--
(A) is a nonprofit private organization that
focuses primarily on issues of domestic
violence in a racial or ethnic community, or is
a public or private nonprofit educational
institution that has a domestic violence
institute, center, or program related to
culturally specific issues in domestic
violence; and
(B)(i) has documented experience in the areas
of domestic violence prevention and services,
and experience relevant to the specific racial
or ethnic population to which information,
training, technical assistance, and outreach
would be provided under the grant;
(ii) demonstrates the strong support, of
advocates from across the Nation who are
working to address domestic violence; and
(iii) has a record of demonstrated
effectiveness in enhancing the cultural and
linguistic relevancy of service delivery.
(4) State resource centers to reduce tribal
disparities.--To be eligible to receive a grant under
subsection (b)(3), an entity shall--
(A)(i) be located in a State in which the
population of Indians (including Alaska
Natives) or Native Hawaiians exceeds 10 percent
of the total population of the State; or
(ii) be an Indian tribe, tribal organization,
or Native Hawaiian organization that focuses
primarily on issues of domestic violence among
Indians or Native Hawaiians, or an institution
of higher education; and
(B) demonstrate the ability to serve all
regions of the State, including underdeveloped
areas and areas that are geographically distant
from population centers.
(d) Reports and Evaluation.--Each entity receiving a grant
under this section shall submit a performance report to the
Secretary annually and in such manner as shall be reasonably
required by the Secretary. Such performance report shall
describe the activities that have been carried out with such
grant funds, contain an evaluation of the effectiveness of the
activities, and provide such additional information as the
Secretary may reasonably require.
SEC. 311. GRANTS TO STATE DOMESTIC VIOLENCE COALITIONS.
(a) Grants.--The Secretary shall award grants for the
funding of State Domestic Violence Coalitions.
(b) Allotment of Funds.--
(1) In general.--From the amount appropriated under
section 303(a)(2)(D) for each fiscal year, the
Secretary shall allot to each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico,
and each of the covered territories an amount equal to
\1/56\ of the amount so appropriated for such fiscal
year.
(2) Definition.--For purposes of this subsection, the
term ``covered territories'' means Guam, American
Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(c) Application.--Each State Domestic Violence Coalition
desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary determines to be essential to
carry out the objectives of this section. The application
submitted by the coalition for the grant shall provide
documentation of the coalition's work, satisfactory to the
Secretary, demonstrating that the coalition--
(1) meets all of the applicable requirements set
forth in this title; and
(2) demonstrates the ability to conduct appropriately
all activities described in this section, as indicated
by--
(A) documented experience in administering
Federal grants to conduct the activities
described in subsection (d); or
(B) a documented history of active
participation in the activities described in
paragraphs (1), (3), (4), and (5) of subsection
(d) and a demonstrated capacity to conduct the
activities described in subsection (d)(2).
(d) Use of Funds.--A coalition that receives a grant under
this section shall use the grant funds for administration and
operations to further the purposes of family violence, domestic
violence, and dating violence intervention and prevention,
through activities that shall include--
(1) working with local family violence, domestic
violence, and dating violence service programs and
providers of direct services to encourage appropriate
and comprehensive responses to family violence,
domestic violence, and dating violence against adults
or youth within the State involved, including providing
training and technical assistance and conducting State
needs assessments;
(2) participating in planning and monitoring the
distribution of subgrants and subgrant funds within the
State under section 308(a);
(3) working in collaboration with service providers
and community-based organizations to address the needs
of family violence, domestic violence, and dating
violence victims, and their dependents, who are members
of racial and ethnic minority populations and
underserved populations;
(4) collaborating with and providing information to
entities in such fields as housing, health care, mental
health, social welfare, or business to support the
development and implementation of effective policies,
protocols, and programs that address the safety and
support needs of adult and youth victims of family
violence, domestic violence, or dating violence;
(5) encouraging appropriate responses to cases of
family violence, domestic violence, or dating violence
against adults or youth, including by working with
judicial and law enforcement agencies;
(6) working with family law judges, criminal court
judges, child protective service agencies, and
children''s advocates to develop appropriate responses
to child custody and visitation issues in cases of
child exposure to family violence, domestic violence,
or dating violence and in cases in which--
(A) family violence, domestic violence, or
dating violence is present; and
(B) child abuse is present;
(7) providing information to the public about
prevention of family violence, domestic violence, and
dating violence, including information targeted to
underserved populations; and
(8) collaborating with Indian tribes and tribal
organizations (and corresponding Native Hawaiian groups
or communities) to address the needs of Indian
(including Alaska Native) and Native Hawaiian victims
of family violence, domestic violence, or dating
violence, as applicable in the State.
(e) Limitation on Use of Funds.--A coalition that receives
a grant under this section shall not be required to use funds
received under this title for the purposes described in
paragraph (5) or (6) of subsection (d) if the coalition
provides an annual assurance to the Secretary that the
coalition is--
(1) using funds received under section 2001(c)(1) of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg(c)(1)) for such purposes; and
(2) coordinating the activities carried out by the
coalition under subsection (d) with the State''s
activities under part T of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg
et seq.) that address those purposes.
(f) Prohibition on Lobbying.--No funds made available to
entities under this section shall be used, directly or
indirectly, to influence the issuance, amendment, or revocation
of any executive order or similar promulgation by any Federal,
State, or local agency, or to undertake to influence the
passage or defeat of any legislation by Congress, or by any
State or local legislative body, or State proposals by
initiative petition, except that the representatives of the
entity may testify or make other appropriate communication--
(1) when formally requested to do so by a legislative
body, a committee, or a member of the body or
committee; or
(2) in connection with legislation or appropriations
directly affecting the activities of the entity.
(g) Reports and Evaluation.--Each entity receiving a grant
under this section shall submit a performance report to the
Secretary at such time as shall be reasonably required by the
Secretary. Such performance report shall describe the
activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such activities,
and provide such additional information as the Secretary may
reasonably require.
(h) Indian Representatives.--For purposes of this section,
a State Domestic Violence Coalition may include representatives
of Indian tribes and tribal organizations.
SEC. 312. SPECIALIZED SERVICES FOR ABUSED PARENTS AND THEIR CHILDREN.
(a) In General.--
(1) Program.--The Secretary shall establish a grant
program to expand the capacity of family violence,
domestic violence, and dating violence service programs
and community-based programs to prevent future domestic
violence by addressing, in an appropriate manner, the
needs of children exposed to family violence, domestic
violence, or dating violence.
(2) Grants.--The Secretary may make grants to
eligible entities through the program established under
paragraph (1) for periods of not more than 2 years. If
the Secretary determines that an entity has received
such a grant and been successful in meeting the
objectives of the grant application submitted under
subsection (c), the Secretary may renew the grant for 1
additional period of not more than 2 years.
(b) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be a local agency, a
nonprofit private organization (including faith-based and
charitable organizations, community-based organizations, and
voluntary associations), or a tribal organization, with a
demonstrated record of serving victims of family violence,
domestic violence, or dating violence and their children.
(c) Application.--An entity seeking a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require, including--
(1) a description of how the entity will prioritize
the safety of, and confidentiality of information
about--
(A) victims of family violence, victims of
domestic violence, and victims of dating
violence; and
(B) children of victims described in
subparagraph (A);
(2) a description of how the entity will provide
developmentally appropriate and age-appropriate
services, and culturally and linguistically appropriate
services, to the victims and children; and
(3) a description of how the entity will ensure that
professionals working with the children receive the
training and technical assistance appropriate and
relevant to the unique needs of children exposed to
family violence, domestic violence, or dating violence.
(d) Use of Funds.--An entity that receives a grant under
this section for a family violence, domestic violence, and
dating violence service or community-based program described in
subsection (a)--
(1) shall use the funds made available through the
grant--
(A) to provide direct counseling, appropriate
services consistent with subsection (c)(2), or
advocacy on behalf of victims of family
violence, domestic violence, or dating violence
and their children, including coordinating
services with services provided by the child
welfare system;
(B) to provide services for nonabusing
parents to support those parents' roles as
caregivers and their roles in responding to the
social, emotional, and developmental needs of
their children; and
(C) where appropriate, to provide the
services described in this subsection while
working with such a nonabusing parent and child
together; and
(2) may use the funds made available through the
grant--
(A) to provide early childhood development
and mental health services;
(B) to coordinate activities with and provide
technical assistance to community-based
organizations serving victims of family
violence, domestic violence, or dating violence
or children exposed to family violence,
domestic violence, or dating violence; and
(C) to provide additional services and
referrals to services for children, including
child care, transportation, educational
support, respite care, supervised visitation,
or other necessary services.
(e) Reports and Evaluation.--Each entity receiving a grant
under this section shall submit a performance report to the
Secretary at such time as shall be reasonably required by the
Secretary. Such performance report shall describe the
activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such activities,
and provide such additional information as the Secretary may
reasonably require.
SEC. 313. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) In General.--The Secretary shall award a grant to a
nonprofit private entity to provide for the ongoing operation
of a 24-hour, national, toll-free telephone hotline to provide
information and assistance to adult and youth victims of family
violence, domestic violence, or dating violence, family and
household members of such victims, and persons affected by the
victimization. The Secretary shall give priority to applicants
with experience in operating a hotline that provides assistance
to adult and youth victims of family violence, domestic
violence, or dating violence.
(b) Term.--The Secretary shall award a grant under this
section for a period of not more than 5 years.
(c) Conditions on Payment.--The provision of payments under
a grant awarded under this section shall be subject to annual
approval by the Secretary and subject to the availability of
appropriations for each fiscal year to make the payments.
(d) Application.--To be eligible to receive a grant under
this section, an entity shall submit an application to the
Secretary that shall--
(1) contain such agreements, assurances, and
information, be in such form, and be submitted in such
manner, as the Secretary shall prescribe;
(2) include a complete description of the applicant's
plan for the operation of a national domestic violence
hotline, including descriptions of--
(A) the training program for hotline
personnel, including technology training to
ensure that all persons affiliated with the
hotline are able to effectively operate any
technological systems used by the hotline;
(B) the hiring criteria and qualifications
for hotline personnel;
(C) the methods for the creation,
maintenance, and updating of a resource
database;
(D) a plan for publicizing the availability
of the hotline;
(E) a plan for providing service to non-
English speaking callers, including service
through hotline personnel who have non-English
language capability; and
(F) a plan for facilitating access to the
hotline by persons with hearing impairments;
and
(G) a plan for providing assistance and
referrals to youth victims of domestic violence
and for victims of dating violence who are
minors, which may be carried out through a
national teen dating violence hotline;
(3) demonstrate that the applicant has recognized
expertise in the area of family violence, domestic
violence, or dating violence and a record of high
quality service to victims of family violence, domestic
violence, or dating violence, including a demonstration
of support from advocacy groups and State Domestic
Violence Coalitions;
(4) demonstrate that the applicant has the capacity
and the expertise to maintain a domestic violence
hotline and a comprehensive database of service
providers;
(5) demonstrate the ability to provide information
and referrals for callers, directly connect callers to
service providers, and employ crisis interventions
meeting the standards of family violence, domestic
violence, and dating violence providers;
(6) demonstrate that the applicant has a commitment
to diversity and to the provision of services to
underserved populations, including to ethnic, racial,
and non-English speaking minorities, in addition to
older individuals and individuals with disabilities;
(7) demonstrate that the applicant complies with
nondisclosure requirements as described in section
306(c)(5) and follows comprehensive quality assurance
practices; and
(8) contain such other information as the Secretary
may require.
(e) Hotline Activities.--
(1) In general.--An entity that receives a grant
under this section for activities described, in whole
or in part, in subsection (a) shall use funds made
available through the grant to establish and operate a
24-hour, national, toll-free telephone hotline to
provide information and assistance to adult and youth
victims of family violence, domestic violence, or
dating violence, and other individuals described in
subsection (a).
(2) Activities.--In establishing and operating the
hotline, the entity--
(A) shall contract with a carrier for the
use of a toll-free telephone line;
(B) shall employ, train (including providing
technology training), and supervise personnel
to answer incoming calls, provide counseling
and referral services for callers on a 24-hour-
a-day basis, and directly connect callers to
service providers;
(C) shall assemble and maintain a database of
information relating to services for adult and
youth victims of family violence, domestic
violence, or dating violence to which callers
may be referred throughout the United States,
including information on the availability of
shelters and supportive services for victims of
family violence, domestic violence, or dating
violence;
(D) shall widely publicize the hotline
throughout the United States, including to
potential users;
(E) shall provide assistance and referrals
to meet the needs of underserved populations
and individuals with disabilities;
(F) shall provide assistance and referrals
for youth victims of domestic violence and for
victims of dating violence who are minors,
which may be carried out through a national
teen dating violence hotline;
(G) may provide appropriate assistance and
referrals for family and household members of
victims of family violence, domestic violence,
or dating violence, and persons affected by the
victimization described in subsection (a); and
(H) at the discretion of the hotline
operator, may provide assistance, or referrals
for counseling or intervention, for identified
adult and youth perpetrators, including self-
identified perpetrators, of family violence,
domestic violence, or dating violence, but
shall not be required to provide such
assistance or referrals in any circumstance in
which the hotline operator fears the safety of
a victim may be impacted by an accused abuser
or suspected abuser.
(f) Reports and Evaluation.--The entity receiving a grant
under this section shall submit a performance report to the
Secretary at such time as shall be reasonably required by the
Secretary. Such performance report shall describe the
activities that have been carried out with such grant funds,
contain an evaluation of the effectiveness of such activities,
and provide such additional information as the Secretary may
reasonably require.
SEC. 314. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND LEADERSHIP
THROUGH ALLIANCES (DELTA).
(a) In General.--The Secretary shall enter into
cooperative agreements with State Domestic Violence Coalitions
for the purposes of establishing, operating, and maintaining
local community projects to prevent family violence, domestic
violence, and dating violence, including violence committed by
and against youth, using a coordinated community response model
and through prevention and education programs.
(b) Term.--The Secretary shall enter into a cooperative
agreement under this section for a period of not more than 5
fiscal years.
(c) Conditions on Payment.--The provision of payments
under a cooperative agreement under this section shall be
subject to--
(1) annual approval by the Secretary; and
(2) the availability of appropriations for each
fiscal year to make the payments.
(d) Eligibility.--To be eligible to enter into a
cooperative agreement under this section, an organization
shall--
(1) be a State Domestic Violence Coalition; and
(2) include representatives of pertinent sectors of
the local community, which may include--
(A) health care providers and State or local
health departments;
(B) the education community;
(C) the faith-based community;
(D) the criminal justice system;
(E) family violence, domestic violence, and
dating violence service program advocates;
(F) human service entities such as State
child services divisions;
(G) business and civic leaders; and
(H) other pertinent sectors.
(e) Applications.--An organization that desires to enter
into a cooperative agreement under this section shall submit to
the Secretary an application, in such form and in such manner
as the Secretary shall require, that--
(1) demonstrates the capacity of the applicant, who
may enter into a partnership with a local family
violence, domestic violence, or dating violence service
provider or community-based organization, to undertake
the project involved;
(2) demonstrates that the project will include a
coordinated community response to improve and expand
prevention strategies through increased communication
and coordination among all affected sectors of the
local community;
(3) includes a complete description of the
applicant''s plan for the establishment and
implementation of the coordinated community response,
including a description of--
(A) the method to be used for identification
and selection of an administrative committee
made up of persons knowledgeable about
comprehensive family violence, domestic
violence, and dating violence prevention
planning to oversee the project, hire staff,
assure compliance with the project outline, and
secure annual evaluation of the project;
(B) the method to be used for identification
and selection of project staff and a project
evaluator;
(C) the method to be used for identification
and selection of a project council consisting
of representatives of the community sectors
listed in subsection (d)(2); and
(D) the method to be used for identification
and selection of a steering committee
consisting of representatives of the various
community sectors who will chair subcommittees
of the project council, each of which will
focus on 1 of the sectors;
(4) demonstrates that the applicant has experience in
providing, or the capacity to provide, prevention-
focused training and technical assistance;
(5) demonstrates that the applicant has the capacity
to carry out collaborative community initiatives to
prevent family violence, domestic violence, and dating
violence; and
(6) contains such other information, agreements, and
assurances as the Secretary may require.
(f) Geographical Dispersion.--The Secretary shall enter
into cooperative agreements under this section with
organizations in States geographically dispersed throughout the
Nation.
(g) Use of Funds.--
(1) In general.--An organization that enters into a
cooperative agreement under subsection (a) shall use
the funds made available through the agreement to
establish, operate, and maintain comprehensive family
violence, domestic violence, and dating violence
prevention programming.
(2) Technical assistance, evaluation and
monitoring.--The Secretary may use a portion of the
funds provided under this section to--
(A) provide technical assistance;
(B) monitor the performance of organizations
carrying out activities under the cooperative
agreements; and
(C) conduct an independent evaluation of the
program carried out under this section.
(3) Requirements.--In establishing and operating a
project under this section, an eligible organization
shall--
(A) establish protocols to improve and expand
family violence, domestic violence, and dating
violence prevention and intervention strategies
within affected community sectors described in
subsection (d)(2);
(B) develop comprehensive prevention plans to
coordinate prevention efforts with other
community sectors;
(C) provide for periodic evaluation of the
project, and analysis to assist in replication
of the prevention strategies used in the
project in other communities, and submit a
report under subsection (h) that contains the
evaluation and analysis;
(D) develop, replicate, or conduct
comprehensive, evidence-informed primary
prevention programs that reduce risk factors
and promote protective factors that reduce the
likelihood of family violence, domestic
violence, and dating violence, which may
include--
(i) educational workshops and
seminars;
(ii) training programs for
professionals;
(iii) the preparation of
informational material;
(iv) developmentally appropriate
education programs;
(v) other efforts to increase
awareness of the facts about, or to
help prevent, family violence, domestic
violence, and dating violence; and
(vi) the dissemination of information
about the results of programs conducted
under this subparagraph;
(E) utilize evidence-informed prevention
program planning; and
(F) recognize, in applicable cases, the needs
of underserved populations, racial and
linguistic populations, and individuals with
disabilities.
(h) Reports and Evaluation.--Each organization entering
into a cooperative agreement under this section shall submit a
performance report to the Secretary at such time as shall be
reasonably required by the Secretary. Such performance report
shall describe activities that have been carried out with the
funds made available through the agreement, contain an
evaluation of the effectiveness of such activities, and provide
such additional information as the Secretary may reasonably
require. The Secretary shall make the evaluations received
under this subsection publicly available on the Department of
Health and Human Services website. The reports shall also be
submitted to the Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
* * * * * * *
TITLE 11--UNITED STATES CODE
Sec. 707. Dismissal of a case or conversion to a case under chapter 11
or 13
(a) * * *
(1) * * *
* * * * * * *
(b)(1) * * *
(2)(A)(i) * * *
* * * * * * *
(ii)(I) The debtor's monthly expenses shall be the debtor's
applicable monthly expense amounts specified under the National
Standards and Local Standards, and the debtor's actual monthly
expenses for the categories specified as Other Necessary
Expenses issued by the Internal Revenue Service for the area in
which the debtor resides, as in effect on the date of the order
for relief, for the debtor, the dependents of the debtor, and
the spouse of the debtor in a joint case, if the spouse is not
otherwise a dependent. Such expenses shall include reasonably
necessary health insurance, disability insurance, and health
savings account expenses for the debtor, the spouse of the
debtor, or the dependents of the debtor. Notwithstanding any
other provision of this clause, the monthly expenses of the
debtor shall not include any payments for debts. In addition,
the debtor's monthly expenses shall include the debtor's
reasonably necessary expenses incurred to maintain the safety
of the debtor and the family of the debtor from family violence
as identified under [section 309 of the Family Violence
Prevention and Services Act] section 302 of the Family Violence
Prevention and Services Act, or other applicable Federal law.
The expenses included in the debtor's monthly expenses
described in the preceding sentence shall be kept confidential
by the court. In addition, if it is demonstrated that it is
reasonable and necessary, the debtor's monthly expenses may
also include an additional allowance for food and clothing of
up to 5 percent of the food and clothing categories as
specified by the National Standards issued by the Internal
Revenue Service.
* * * * * * *
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
635. REQUIREMENTS FOR STATEWIDE SYSTEM.
(a) In General.-- * * *
* * * * * * *
(c) Flexibility To Serve Children 3 Years of Age Until
Entrance Into Elementary School.--
* * * * * * *
(2) Requirements.-- * * *
(A) * * *
* * * * * * *
(G) there will be a referral for evaluation
for early intervention services of a child who
experiences a substantiated case of trauma due
to exposure to family violence (as defined in
[section 320 of the Family Violence Prevention
and Services Act] section 302 of the Family
Violence Prevention and Services Act).
* * * * * * *
TITLE 42--UNITED STATES CODE
Sec. 3796gg. Purpose of program and grants
(a) * * *
* * * * * * *
(c) State coalition grants
(1) * * *
* * * * * * *
(2) Grants to State coalitions
The Attorney General shall award grants to--
(A) each State domestic violence coalition,
as determined by the Secretary of Health and
Human Services [through the Family Violence
Prevention and Services Act (42 U.S.C. 10410 et
seq.)] under section 311 of the Family Violence
Prevention and Services Act; and
* * * * * * *
TITLE 42--UNITED STATES CODE
SUBCHAPTER III--VIOLENCE AGAINST WOMEN
Sec. 13925. Definitions and grant provisions
(a) Definitions
In this title:
(1) Courts
* * * * * * *
(26) State domestic violence coalition
The term ``State domestic violence
coalition'' means a program determined
by the Administration for Children and
Families [under the Family Violence
Prevention and Services Act (42 U.S.C.
10410(b))] under sections 302 and 311
of the Family Violence Prevention and
Services Act.
* * * * * * *
PUBLIC LAW 103-322
SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS.
(a) Federal Law Enforcement.-- * * *
* * * * * * *
(d) Definitions.-- * * *
(1) * * *
* * * * * * *
``State and local law enforcement program'' means a program
authorized in any of the following sections:
(1) * * *
* * * * * * *
``prevention program'' means a program authorized in any of
the following sections:
(1) * * *
* * * * * * *
(20) [section 40211] section 313 of the Family
Violence Prevention and Services Act (relating to a
hot-line);
* * * * * * *
(22) [section 40241] sections 301 through 312 of the
Family Violence Prevention and Services Act;
* * * * * * *
(24) [section 40261] section 314 of the Family
Violence Prevention and Services Act (relating to
community projects to prevent family violence, domestic
violence, and dating violence);
* * * * * * *
CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978
* * * * * * *
TITLE II--ADOPTION OPPORTUNITIES
SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
[(a) Findings.--Congress finds that--
[(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our
Nation's foster care population included more than
565,000 as of September of 2001;
[(2) children entering foster care have complex
problems that require intensive services, with many
such children having special needs because they are
born to mothers who did not receive prenatal care, are
born with life threatening conditions or disabilities,
are born addicted to alcohol or other drugs, or have
been exposed to infection with the etiologic agent for
the human immunodeficiency virus;
[(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;
[(4) many thousands of children remain in
institutions or foster homes solely because of legal
and other barriers to their placement in permanent,
adoptive homes;
[(5)(A) currently, there are 131,000 children waiting
for adoption;
[(B) such children are typically school aged, in
sibling groups, have experienced neglect or abuse, or
have a physical, mental, or emotional disability; and
[(C) while the children are of all races, children of
color and older children (over the age of 10) are over
represented in such group;
[(6) adoption may be the best alternative for
assuring the healthy development of such children;
[(7) there are qualified persons seeking to adopt
such children who are unable to do so because of
barriers to their placement; and
[(8) in order both to enhance the stability and love
of the child's home environment and to avoid wasteful
expenditures of public funds, such children should not
have medically indicated treatment withheld from them
nor be maintained in foster care or institutions when
adoption is appropriate and families can be found for
such children.]
(a) Findings.--Congress finds that--
(1) on the last day of fiscal year 2009, some 424,000
children were living in temporary foster family homes
or other foster care settings;
(2) most children in foster care are victims of child
abuse or neglect by their biological parents and their
entry into foster care brought them the additional
trauma of separation from their homes and often their
communities;
(3) on average, children entering foster care have
more physical and mental health needs than do children
in the general population, and some require intensive
services because the children entering foster care--
(A) were born to mothers who did not receive
prenatal care;
(B) were born with lift-threatening
conditions or disabilities;
(C) were born addicted to alcohol or other
drugs; or
(D) have HIV/AIDS;
(4) each year, thousands of children in foster care,
regardless of their age, the size of the sibling group
they are a part of, their racial or ethnic status,
their medical condition, or any physical, mental or
emotional disability they may have, are in need of
placement with permanent, loving, adoptive families;
(5)(A) States have made important strides in
increasing the number of children who are placed in
permanent homes with adoptive parents and in reducing
the length of time children wait for such a placement;
and
(B) many thousands of children, however, still remain
in institutions or foster homes solely because of legal
and other barriers to such a placement;
(6)(A) on the last day of fiscal year 2009, there
were 115,000 children waiting for adoption;
(B) children waiting for adoption have had parental
rights of all living parents terminated or the children
have a permanency goal of adoption;
(C)(i) the average age of children adopted with
public child welfare agency involvement during fiscal
year 2009 was a little more than 6 years; and
(ii) the average age of children waiting for adoption
on the last day of that fiscal year was a little more
than 8 years of age and more than 30,000 of those
children were 12 years of age or older and
(D)(i) 25 percent of the children adopted with public
child welfare agency involvement during fiscal year
2009 were African-American; and
(ii) 30 percent of the children waiting for adoption
on the last day of fiscal year 2009 were African-
American;
(7) adoption may be the best alternative for assuring
the healthy development of children placed in foster
care;
(8) there are qualified persons seeking to adopt such
children who are unable to do so because of barriers to
their placement and adoption; and
(9) in order both to enhance the stability of and
love in the home environments of such children and to
avoid wasteful expenditures of public funds, such
children--
(A) should not have medically indicated
treatment withheld from them; or
(B) be maintained in foster care or
institutions when adoption is appropriate and
families can be found for such children.
(b) Purpose.--It is the purpose of this title to facilitate
the elimination of barriers, including geographic barriers, to
adoption and to provide permanent and loving home environments
for children who would benefit from adoption, particularly
older children, minority children, and children with special
needs, including disabled infants with life-threatening
conditions, by providing a mechanism to--
(1) * * *
[(2) maintain an Internet-based national adoption
information exchange system to bring together children
who would benefit from adoption and qualified
prospective adoptive parents who are seeking such
children, and conduct national recruitment efforts in
order to reach prospective parents for children
awaiting adoption; and]
(2) maintain an Internet-based national adoption
information exchange system to--
(A) bring together children who would benefit
from adoption and qualified prospective
adoptive parents who are seeking such children;
(B) conduct national recruitment efforts in
order to reach prospective parents for children
awaiting adoption; and
(C) connect placement agencies, prospective
adoptive parents, and adoptive parents to
resources designed to reduce barriers to
adoption, support adoptive families, and ensure
permanency; and
* * * * * * *
SEC. 203. INFORMATION AND SERVICES.
(a) In General.--The Secretary shall establish in the
Department of Health and Human Services an appropriate
administrative arrangement to provide a centralized focus for
planning and coordinating of all departmental activities
affecting adoption and foster care and for carrying out the
provisions of this title. The Secretary shall make available
such consultant services, on-site technical assistance and
personnel, together with appropriate administrative expenses,
including salaries and travel costs, as are necessary for
carrying out such purposes, including services to facilitate
the adoption of [children with special needs and particularly
of disabled infants with life-threatening conditions and
services to couples considering adoption of children with
special needs.] older children, minority children, and children
with special needs, particularly infants and toddlers with
disabilities who have life-threatening conditions, and services
to couples considering adoption of children with special needs.
(b) Required Activities.--In connection with carrying out
the provisions of this title, the Secretary shall--
(1) conduct (directly or by grant to or contract with
public or private agencies or organizations) an
education and training program on adoption, and
prepare, publish, and disseminate (directly or by grant
to or contract with public or private agencies and
organizations) to all interested parties, public and
private agencies and organizations (including, but not
limited to, hospitals, health care and family planning
clinics, and social services agencies), and
governmental bodies, information and education and
training materials regarding adoption [and], adoption
assistance programs and post-legal adoption services;
(2) conduct, directly or by grant or contract with
public or private organization ongoing extensive
recruitment efforts on a national level, including
efforts to promote the adoption of older children,
minority children, and children with special needs,
develop national public awareness efforts to unite
children in need of adoption with appropriate adoptive
parents, and establish a coordinated referral system of
recruited families with appropriate State or regional
adoption resources to ensure that families are served
in a timely fashion;
* * * * * * *
(7) [study the efficacy of States contracting with]
increase the effective use of public or private
agencies (including community-based and other
organizations)[,] by states, or sectarian institutions,
for the recruitment of potential adoptive and foster
families and to provide assistance in the placement of
children for adoption, including assisting in efforts
to work with organizations that promote the placement
of older children, minority children, and children with
special needs;
* * * * * * *
(9) * * *
(A) * * *
(B) provide training and technical assistance
to service providers and State agencies to
improve professional competency in the field of
adoption and the adoption of children with
special needs; [and]
(C) facilitate the development of
interdisciplinary approaches to meet the needs
of children who are waiting for adoption and
the needs of adoptive families; and
(D) identify best practices to reduce
adoption disruption and termination;
(10) provide (directly or by grant to or contract
with States, local government entities, tribal child
welfare agencies, public or private licensed child
welfare or adoption agencies or adoptive family groups
and community-based organizations with experience in
working with minority populations) for the provision of
programs aimed at increasing the number of minority
children (who are in foster care and have the goal of
adoption) placed in adoptive families, with a special
emphasis on recruitment of minority families--
(A) which may include such activities as--
(i) * * *
(ii) recruitment of prospective
adoptive families for such children,
including developing and using
procedures to notify family and
relatives when a child enters the child
welfare system;
* * * * * * *
(vi) * * *
(vii) education and training of
prospective adoptive or adoptive
parents;
[(vii)] (viii) use of volunteers and
adoptive parent groups; and
[(viii)] (ix) any other activities
determined by the Secretary to further
the purposes of this Act; and
* * * * * * *
(d) Improving Placement Rate of Children in Foster Care.--
(1) In general.--The Secretary shall make grants for
improving State efforts to increase the placement of
foster care children legally free for adoption,
according to a pre-established plan and goals for
improvement. [Grants funded by this section must
include a strong evaluation component which outlines
the innovations used to improve the placement of
special needs children who are legally free for
adoption, and the successes and failures of the
initiative. The evaluations will be submitted to the
Secretary who will compile the results of projects
funded by this section and submit a report to the
appropriate committees of Congress. The emphasis of
this program must focus on the improvement of the
placement rate--not the aggregate number of special
needs children placed in permanent homes. The
Secretary, when reviewing grant applications shall give
priority to grantees who propose improvements designed
to continue in the absence of Federal funds.]
(2) Applications; technical and other assistance.--
(A) Applications.--Each State entering into
an agreement under this subsection shall submit
an application to the Secretary that describes
the manner in which the State will use funds
during the 3 fiscal years subsequent to the
date of the application to accomplish the
purposes of this section. Such application
shall be in a form and manner determined to be
appropriate by the Secretary, consistent with
the purpose of this title. [Each application
shall include verification of the placements
described in paragraph (1).] Each application
shall contain information that--
(i) describes how the State plans to
improve the placement rate of children
in permanent homes;
(ii) describes the methods the State,
prior to submitting the application,
has used to improve the placement of
older children, minority children, and
children with special needs, who are
legally free for adoption;
(iii) describes the evaluation the
State plans to conduct, to identify the
effectiveness of programs and methods
of placement under this subsection, and
submit to the Secretary; and
(iv) describes how the State plans to
coordinate activities under this
subsection with relevant activities
under section 473 of the Social
Security Act (42 U.S.C. 673).
(B) Technical and other assistance.-- * * *
(i) technical assistance and resource
and referral information to assist
State or local governments with
termination of parental rights issues,
in recruiting and retaining adoptive
families, in the successful placement
of older children, minority children,
and children with special needs, and in
the provision of pre- and post-
placement services, including post-
legal adoption services; and
(ii) * * *
(C) Evaluation.--The Secretary shall compile
the results of evaluations submitted by States
(described in subparagraph (A) (iii)) and
submit a report containing the compiled results
to the appropriate committees of Congress.
* * * * * * *
AUTHORIZATION OF APPROPRIATIONS
Sec. 205. (a) There are authorized to be appropriated
$40,000,000 for fiscal year [2004] 2010 and such sums as may be
necessary for fiscal years [2005 through 2008] 2011 through
2015 to carry out programs and activities authorized under this
subtitle.
(b) Not less than 30 percent and not more than 50 percent
of the funds appropriated under subsection (a) shall be
allocated for activities under subsections (b)(10) and (c) of
section 203.
[(b)](c) The Secretary shall ensure that funds appropriated
pursuant to authorizations in this Act shall remain available
until expended for the purposes for which they were
appropriated.
* * * * * * *
ABANDONED INFANTS ASSISTANCE ACT OF 1988
* * * * * * *
SEC. 2. FINDINGS.
The Congress finds that--
(1) * * *
* * * * * * *
(4) appropriate training is needed for personnel
working with infants and young children with life-
threatening conditions and other special needs,
[including those who are infected with the human
immunodeficiency virus (commonly known as ``HIV''),
those who have acquired immune deficiency syndrome
(commonly known as ``AIDS'')] including those with HIV/
AIDS and those who have been exposed to dangerous
drugs;
(5) infants and young children who are abandoned in
hospitals are particularly difficult to place in foster
homes, and are being abandoned in hospitals in
increasing numbers by mothers dying of [acquired immune
deficiency syndrome] HIV/AIDS, by parents abusing
drugs, or by parents incapable of providing adequate
care;
* * * * * * *
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
In this Act:
(1) Abandoned; abandonment.-- * * *
[(2) Acquired immune deficiency syndrome.--The term
``acquired immune deficiency syndrome'' includes
infection with the etiologic agent for such syndrome,
any condition indicating that an individual is infected
with such etiologic agent, and any condition arising
from such etiologic agent.]
[(3)](2) Dangerous drug.--The term ``dangerous drug''
means a controlled substance, as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802).
[(4)](3) Natural family.--The term ``natural family''
shall be broadly include natural parents, grandparents,
family members, guardians, children residing in the
household, and individuals residing in the household on
a continuing basis who are in a care-giving situation,
with respect to infants and young children covered
under this Act.
[(5)](4) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Authorization.--For the purpose of carrying out
this Act, there are authorized to be appropriated
$45,000,000 for fiscal year [2004] 2010 and such sums
as may be necessary for fiscal years [2005 through
2008] 2011 through 2015.
* * * * * * *
(b) Administrative Expenses.--
(1) Authorization.-- * * *
(2) Limitation.--The Secretary may not obligate any
of the amounts appropriated under paragraph (1) for a
fiscal year unless, from the amounts appropriated under
subsection (a)(1) for the fiscal year, the Secretary
has obligated for the purpose described in such
paragraph an amount equal, to the amounts obligated by
the Secretary for such purpose in [fiscal year 2003]
fiscal year 2010.
* * * * * * *
