Text of S. 919 (104th): Child Abuse Prevention and Treatment Act Amendments of 1996 (Reported by Senate Committee version)

The text of the bill below is as of Jul 20, 1995 (Reported by Senate Committee).

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S 919 RS

Calendar No. 149

104th CONGRESS

1st Session

S. 919

[Report No. 104-117]

To modify and reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

June 13 (legislative day, JUNE 5), 1995

Mr. COATS (for himself and Mrs. KASSEBAUM) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

July 20 (legislative day, JULY 10), 1995

Reported by Mrs. KASSEBAUM, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To modify and reauthorize the Child Abuse Prevention and Treatment Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] `SECTION 1. SHORT TITLE; TABLE OF CONTENTS.` [<-Struck out]

(a) SHORT TITLE- This Act may be cited as the ‘Child Abuse Prevention and Treatment Act Amendments of 1995’.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

[Struck out->] `TITLE I--GENERAL PROGRAM` [<-Struck out]

Sec. 101. Reference.

Sec. 102. Findings.

Sec. 103. Office of Child Abuse and Neglect.

Sec. 104. Advisory Board on Child Abuse and Neglect.

Sec. 105. Repeal of Interagency Task Force.

Sec. 106. National Clearinghouse for Information Relating to Child Abuse.

Sec. 107. Research and assistance activities.

Sec. 108. Grants for demonstration programs.

Sec. 109. State grants for prevention and treatment programs.

Sec. 110. Repeal.

Sec. 111. Definitions.

Sec. 112. Authorization of appropriations.

Sec. 113. Rule of construction.

[Struck out->] `TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS` [<-Struck out]

Sec. 201. Establishment of program.

Sec. 202. Repeals.

[Struck out->] `TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES` [<-Struck out]

Sec. 301. Reference.

Sec. 302. State demonstration grants.

Sec. 303. Allotments.

Sec. 304. Authorization of appropriations.

[Struck out->] `TITLE IV--ADOPTION OPPORTUNITIES` [<-Struck out]

Sec. 401. Reference.

Sec. 402. Findings and purpose.

Sec. 403. Information and services.

Sec. 404. Authorization of appropriations.

[Struck out->] `TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986` [<-Struck out]

Sec. 501. Reauthorization.

[Struck out->] `TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS` [<-Struck out]

Sec. 601. Missing Children’s Assistance Act.

Sec. 602. Victims of Child Abuse Act of 1990.

[Struck out->]
`TITLE I--GENERAL PROGRAM`
[<-Struck out]

[Struck out->] `SEC. 101. REFERENCE.` [<-Struck out]

   Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.).

[Struck out->] `SEC. 102. FINDINGS.` [<-Struck out]

Section 2 (42 U.S.C. 5101 note) is amended--

(1) in paragraph (1), to read as follows:

‘(1) each year, close to 1,000,000 American children are victims of abuse and neglect;’; [<-Struck out]

(2) in paragraph (3)(C), by inserting ‘assessment,’ after ‘prevention,’;

(3) in paragraph (4)--

(A) by striking ‘tens of’; and

   (B) by striking ‘direct’ and all that follows through the semicolon and inserting ‘tangible expenditures, as well as significant intangible costs;’;

(4) in paragraph (7), by striking ‘remedy the causes of’ and inserting ‘prevent’;

(5) in paragraph (8), by inserting ‘safety,’ after ‘fosters the health,’;

(6) in paragraph (10)--

   (A) by striking ‘ensure that every community in the United States has’ and inserting ‘assist States and communities with’; and

(B) by inserting ‘and family’ after ‘comprehensive child’; and

(7) in paragraph (11)--

   (A) by striking ‘child protection’ each place that such appears and inserting ‘child and family protection’; and

(B) in subparagraph (D), by striking ‘sufficient’.

[Struck out->] `SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.` [<-Struck out]

Section 101 (42 U.S.C. 5101) is amended to read as follows:

[Struck out->]
`‘SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.` [<-Struck out]

‘(a) ESTABLISHMENT- The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect. [<-Struck out]

‘(b) PURPOSE- The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this Act. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.’. [<-Struck out]

[Struck out->] `SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.` [<-Struck out]

Section 102 (42 U.S.C. 5102) is amended to read as follows:

[Struck out->]
`‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.` [<-Struck out]

‘(a) APPOINTMENT- The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect. [<-Struck out]

‘(b) SOLICITATION OF NOMINATIONS- The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a). [<-Struck out]

‘(c) COMPOSITION- In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent-- [<-Struck out]

‘(1) law (including the judiciary); [<-Struck out]

‘(2) psychology (including child development); [<-Struck out]

‘(3) social services (including child protective services); [<-Struck out]

‘(4) medicine (including pediatrics); [<-Struck out]

‘(5) State and local government; [<-Struck out]

‘(6) organizations providing services to disabled persons; [<-Struck out]

‘(7) organizations providing services to adolescents; [<-Struck out]

‘(8) teachers; [<-Struck out]

‘(9) parent self-help organizations; [<-Struck out]

‘(10) parents’ groups; [<-Struck out]

‘(11) voluntary groups; and [<-Struck out]

‘(12) family rights groups. [<-Struck out]

‘(d) VACANCIES- Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made. [<-Struck out]

‘(e) ELECTION OF OFFICERS- The board shall elect a chairperson and vice-chairperson at its first meeting from among the members of the board. [<-Struck out]

‘(f) DUTIES- Not later than 1 year after the establishment of the board under subsection (a), the board shall submit to the Secretary and the appropriate committees of Congress a report, or interim report, containing-- [<-Struck out]

‘(1) recommendations on coordinating Federal, State, and local child abuse and neglect activities with similar activities at the Federal, State, and local level pertaining to family violence prevention; [<-Struck out]

‘(2) specific modifications needed in Federal and State laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhancing a more focused attention to legitimate cases of abuse or neglect which place a child in danger; and [<-Struck out]

‘(3) recommendations for modifications needed to facilitate coordinated national data collection with respect to child protection and child welfare.’. [<-Struck out]

[Struck out->] `SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.` [<-Struck out]

Section 103 (42 U.S.C. 5103) is repealed.

[Struck out->] `SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE.` [<-Struck out]

Section 104 (42 U.S.C. 5104) is amended--

(1) in subsection (a), to read as follows:

‘(a) ESTABLISHMENT- The Secretary shall through the Department, or by one or more contract of not less than 3 years duration let through a competition, establish a national clearinghouse for information relating to child abuse.’; [<-Struck out]

(2) in subsection (b)--

(A) in the matter preceding paragraph (1), by striking ‘Director’ and inserting ‘Secretary’;

(B) in paragraph (1)--

(i) by inserting ‘assessment,’ after ‘prevention,’; and

(ii) by striking ‘, including’ and all that follows through ‘105(b)’ and inserting ‘and’;

(C) in paragraph (2)--

(i) in subparagraph (A), by striking ‘general population’ and inserting ‘United States’;

(ii) in subparagraph (B), by adding ‘and’ at the end thereof;

(iii) in subparagraph (C), by striking ‘; and’ at the end thereof and inserting a period; and

(iv) by striking subparagraph (D); and

(D) by striking paragraph (3); and

(3) in subsection (c)--

(A) in the matter preceding paragraph (1), by striking ‘Director’ and inserting ‘Secretary’;

   (B) in paragraph (2), by striking ‘that is represented on the task force’ and inserting ‘involved with child abuse and neglect and mechanisms for the sharing of such information among other Federal agencies and clearinghouses’;

   (C) in paragraph (3), by striking ‘State, regional’ and all that follows and inserting the following: ‘Federal, State, regional, and local child welfare data systems which shall include:

‘(A) standardized data on false, unfounded, unsubstantiated, or substantiated reports; and [<-Struck out]

‘(B) information on the number of deaths due to child abuse and neglect;’; [<-Struck out]

(D) by redesignating paragraph (4) as paragraph (6); and

(E) by inserting after paragraph (3), the following new paragraphs:

‘(4) through a national data collection and analysis program and in consultation with appropriate State and local agencies and experts in the field, collect, compile, and make available, State child abuse and neglect reporting information which, to the extent practical, shall be universal and case specific, and integrated with other case-based foster care and adoption data collected by the Secretary; [<-Struck out]

‘(5) compile, analyze, and publish a summary of the research conducted under section 105(a); and’. [<-Struck out]

[Struck out->] `SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.` [<-Struck out]

(a) RESEARCH- Section 105(a) (42 (42 U.S.C. 5105(a)) is amended--

(1) in the section heading, by striking ‘OF THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT’;

(2) in paragraph (1)--

   (A) in the matter preceding subparagraph (A), by striking ‘, through the Center, conduct research on’ and inserting ‘carry out a continuing interdisciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on’;

(B) by redesignating subparagraphs (A) through (C) as subparagraph (B) through (D), respectively;

(C) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:

‘(A) the nature and scope of child abuse and neglect;’; [<-Struck out]

   (D) in subparagraph (B) (as so redesignated), by striking ‘identification treatment and cultural’ and inserting ‘causes, prevention, assessment, identification, treatment, cultural and socio-economic distinctions, and the consequences of child abuse and neglect’;

(E) in subparagraph (D) (as so redesignated)--

(i) by striking clause (ii); and

(ii) in clause (iii), to read as follows:

‘(ii) the incidence of substantiated and unsubstantiated reported child abuse cases; [<-Struck out]

‘(iii) the number of substantiated cases that result in a legal finding of child abuse or neglect or related criminal court convictions; [<-Struck out]

‘(iv) the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect; [<-Struck out]

‘(v) the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed on substitute care, and the duration of such placement; [<-Struck out]

‘(vi) the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect; [<-Struck out]

‘(vii) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; and [<-Struck out]

‘(viii) the incidence and outcomes of abuse 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.’; and [<-Struck out]

(3) in paragraph (2)--

(A) in subparagraph (A)--

(i) by striking ‘and demonstrations’; and

(ii) by striking ‘paragraph (1)(A) and activities under section 106’ and inserting ‘paragraph (1)’; and

(B) in subparagraph (B), by striking ‘and demonstration’.

(b) REPEAL- Subsection (b) of section 105 (42 U.S.C. 5105(b)) is repealed.

(c) TECHNICAL ASSISTANCE- Section 105(c) (42 U.S.C. 5105(c)) is amended--

(1) by striking ‘The Secretary’ and inserting:

‘(1) IN GENERAL- The Secretary’; [<-Struck out]

(2) by striking ‘, through the Center,’;

(3) by inserting ‘State and local’ before ‘public and nonprofit’;

(4) by inserting ‘assessment,’ before ‘identification’; and

(5) by adding at the end thereof the following new paragraphs:

‘(2) EVALUATION- Such technical assistance may include an evaluation or identification of-- [<-Struck out]

‘(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; [<-Struck out]

‘(B) resultant ways to mitigate psychological trauma to the child victim; and [<-Struck out]

‘(C) effective programs carried out by the States under titles I and III. [<-Struck out]

‘(3) DISSEMINATION- The Secretary may provide for and disseminate information relating to various training resources available at the State and local level to-- [<-Struck out]

‘(A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and [<-Struck out]

‘(B) to appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, and child welfare personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to abuse.’. [<-Struck out]

(d) GRANTS AND CONTRACTS- Section 105(d)(2) (42 U.S.C. 5105(d)(2)) is amended by striking the second sentence.

(e) PEER REVIEW- Section 105(e) (42 U.S.C. 5105(e)) is amended--

(1) in paragraph (1)--

(A) in subparagraph (A), by striking ‘and contracts’; and

(B) in subparagraph (B)--

(i) by striking ‘shall’ and inserting ‘may’; and

(ii) by striking ‘Office of Human Development’ and inserting ‘Administration on Children and Families’; and

(2) in paragraph (2), by striking ‘, contract, or other financial assistance’.

[Struck out->] `SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.` [<-Struck out]

Section 106 (42 U.S.C. 5106) is amended--

(1) in the section heading, by striking ‘OR SERVICE’;

(2) in subsection (a), by striking paragraph (1) and inserting the following new paragraph:

‘(1) DEMONSTRATION PROGRAMS AND PROJECTS- The Secretary may make grants to, and enter into contracts with, public agencies or nonprofit private agencies or organizations (or combinations of such agencies or organizations) for time limited, research based demonstration programs and projects for the following purposes: [<-Struck out]

‘(A) TRAINING PROGRAMS- The Secretary may award grants to public or private non-profit organizations under this section-- [<-Struck out]

‘(i) for the training of professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant fields who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect; [<-Struck out]

‘(ii) to provide culturally specific instruction in methods of protecting children from child abuse and neglect to children and to persons responsible for the welfare of children, including parents of and persons who work with children with disabilities; [<-Struck out]

‘(iii) to improve the recruitment, selection, and training of volunteers serving in private and public nonprofit children, youth and family service organizations in order to prevent child abuse and neglect through collaborative analysis of current recruitment, selection, and training programs and development of model programs [<-Struck out]

[Struck out->] for dissemination and replication nationally; and [<-Struck out]

‘(iv) for the establishment of resource centers for the purpose of providing information and training to professionals working in the field of child abuse and neglect. [<-Struck out]

‘(B) MUTUAL SUPPORT PROGRAMS- The Secretary may award grants to private non-profit organizations (such as Parents Anonymous) to establish or maintain a national network of mutual support and self-help programs as a means of strengthening families in partnership with their communities. [<-Struck out]

‘(C) OTHER INNOVATIVE PROGRAMS AND PROJECTS- [<-Struck out]

‘(i) IN GENERAL- The Secretary may award grants to public agencies that demonstrate innovation in responding to reports of child abuse and neglect including programs of collaborative partnerships between the State child protective service agency, community social service agencies and family support programs, schools, churches and synagogues, and other community agencies to allow for the establishment of a triage system that-- [<-Struck out]

‘(I) accepts, screens and assesses reports received to determine which such reports require an intensive intervention and which require voluntary referral to another agency, program or project; [<-Struck out]

‘(II) provides, either directly or through referral, a variety of community-linked services to assist families in preventing child abuse and neglect; and [<-Struck out]

‘(III) provides further investigation and intensive intervention where the child’s safety is in jeopardy. [<-Struck out]

‘(ii) PREFERRED PLACEMENT- The Secretary may award grants to public entities to assist such entities in developing or implementing procedures protecting the rights of families, 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 environment for the child or where such relatives comply with the State child protection standards.’; and [<-Struck out]

(3) by adding at the end thereof the following new subsection:

‘(d) EVALUATION- In making grants for demonstration projects under this section, the Secretary shall require all such projects to be evaluated for their effectiveness. Funding for such evaluations shall be provided either as a stated percentage of a demonstration grant or as a separate grant entered into by the Secretary for the purpose of evaluating a particular demonstration project or group of projects.’. [<-Struck out]

[Struck out->] `SEC. 109. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.` [<-Struck out]

Section 107 (42 U.S.C. 5107) is amended to read as follows:

[Struck out->]
`‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS.` [<-Struck out]

‘(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 each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective service system of each such State in-- [<-Struck out]

‘(1) the intake, assessment, screening, and investigation of reports of abuse and neglect; [<-Struck out]

‘(2)(A) creating and improving the use of multidisciplinary teams and interagency protocols to enhance investigations; and [<-Struck out]

‘(B) improving legal preparation and representation, including-- [<-Struck out]

‘(i) procedures for appealing and responding to appeals of substantiated reports of abuse and neglect; and [<-Struck out]

‘(ii) provisions for the appointment of a guardian ad litem. [<-Struck out]

‘(3) case management and delivery of services provided to children and their families; [<-Struck out]

‘(4) enhancing the general child protective system by improving risk and safety assessment tools and protocols, automation systems that support the program and track reports of child abuse and neglect from intake through final disposition and information referral systems; [<-Struck out]

‘(5) developing, strengthening, and facilitating training opportunities and requirements for individuals overseeing and providing services to children and their families through the child protection system; [<-Struck out]

‘(6) developing and facilitating training protocols for individuals mandated to report child abuse or neglect; [<-Struck out]

‘(7) developing, strengthening, and supporting child abuse and neglect prevention, treatment, and research programs in the public and private sectors; or [<-Struck out]

‘(8) developing, implementing, or operating-- [<-Struck out]

‘(A) information and education programs or training programs designed to improve the provision of services to disabled infants with life-threatening conditions for-- [<-Struck out]

‘(i) professional and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health-care facilities; and [<-Struck out]

‘(ii) the parents of such infants; [<-Struck out]

‘(B) programs to enhance the capacity of community-based programs to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level; and [<-Struck out]

‘(C) programs to assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions, including-- [<-Struck out]

‘(i) existing social and health services; [<-Struck out]

‘(ii) financial assistance; and [<-Struck out]

‘(iii) services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption. [<-Struck out]

‘(b) COMPLIANCE AND EDUCATION GRANTS- The Secretary is authorized to make grants to the States for purposes of developing, implementing, or operating-- [<-Struck out]

‘(1) the procedures or programs required under subsection (b)(2); [<-Struck out]

‘(2) procedures or programs designed to improve the provision of services to disabled infants with life-threatening conditions for-- [<-Struck out]

‘(A) professional and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health-care facilities; and [<-Struck out]

‘(B) the parents of such infants; and [<-Struck out]

‘(3) programs to assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions, including-- [<-Struck out]

‘(A) existing social and health services; [<-Struck out]

‘(B) financial assistance; and [<-Struck out]

‘(C) services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption. [<-Struck out]

‘(c) ELIGIBILITY REQUIREMENTS- In order for a State to qualify for a grant under subsection (a), such State shall provide an assurance or certification, signed by the chief executive officer of the State, that the State-- [<-Struck out]

‘(1) has in effect and operation a State law or Statewide program relating to child abuse and neglect which ensures-- [<-Struck out]

‘(A) provisions or procedures for the reporting of known and suspected instances of child abuse and neglect; and [<-Struck out]

‘(B) procedures for the immediate screening, safety assessment, and prompt investigation of such reports; [<-Struck out]

‘(C) procedures for immediate steps to be taken to ensure and protect the safety of the abused or neglected child and of any other child under the same care who may also be in danger of physical abuse or neglect; [<-Struck out]

‘(D) provisions for immunity from prosecution under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect; [<-Struck out]

‘(E) methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child’s parents or guardians, including methods to ensure that disclosure (and redisclosure) of information concerning child abuse or neglect involving specific individuals is made only to persons or entities that the State determines have a need for such information directly related to the purposes of this Act; [<-Struck out]

‘(F) requirements for the prompt disclosure of all relevant information to any Federal, State, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect; [<-Struck out]

‘(G) the cooperation of law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services; [<-Struck out]

‘(H) provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective service agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk assessment; and [<-Struck out]

‘(I) provisions and procedures requiring that in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem shall be appointed to represent the child in such proceedings; and [<-Struck out]

‘(2) has in place procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for-- [<-Struck out]

‘(A) coordination and consultation with individuals designated by and within appropriate health-care facilities; [<-Struck out]

‘(B) 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 life-threatening conditions); and [<-Struck out]

‘(C) authority, under State law, for the State child protective service 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 life threatening conditions. [<-Struck out]

‘(d) ADDITIONAL REQUIREMENT- Not later than 2 years after the date of enactment of this section, the State shall provide an assurance or certification that the State has in place provisions, procedures, and mechanisms by which individuals who disagree with an official finding of abuse or neglect can appeal such finding. [<-Struck out]

‘(e) STATE PROGRAM PLAN- To be eligible to receive a grant under this section, a State shall submit every 5 years a plan to the Secretary that specifies the child protective service system area or areas described in subsection (a) that the State intends to address with funds received under the grant. Such plan shall be coordinated with the plan of the State for child welfare services and family preservation and family support services under part B of title IV of the Social Security Act and shall contain an outline of the activities that the State intends to carry out using amounts provided under the grant to achieve the purposes of this Act, including the procedures to be used for-- [<-Struck out]

‘(1) receiving and assessing reports of child abuse or neglect; [<-Struck out]

‘(2) investigating such reports; [<-Struck out]

‘(3) protecting children by removing them from dangerous settings and ensuring their placement in a safe environment; [<-Struck out]

‘(4) providing services or referral for services for families and children where the child is not in danger of harm; [<-Struck out]

‘(5) providing services to individuals, families, or communities, either directly or through referral, aimed at preventing the occurrence of child abuse and neglect; [<-Struck out]

‘(6) providing training to support direct line and supervisory personnel in report-taking, screening, assessment, decision-making, and referral for investigation; and [<-Struck out]

‘(7) providing training for individuals mandated to report suspected cases of child abuse or neglect. [<-Struck out]

‘(f) RESTRICTIONS RELATING TO CHILD WELFARE SERVICES- Programs or projects relating to child abuse and neglect assisted under part B of title IV of the Social Security Act shall comply with the requirements set forth in paragraphs (1) (A) and (B), (2), (3), (4), (5), and (6) of subsection (c). [<-Struck out]

‘(g) ANNUAL STATE DATA REPORTS- Each State to which a grant is made under this part shall annually submit to the Secretary a report that includes the following: [<-Struck out]

‘(1) The number of children who were reported to the State during the year as abused or neglected. [<-Struck out]

‘(2) Of the number of children described in paragraph (1), the number with respect to whom such reports were-- [<-Struck out]

‘(A) substantiated; [<-Struck out]

‘(B) unsubstantiated; and [<-Struck out]

‘(C) determined to be false. [<-Struck out]

‘(3) Of the number of children described in paragraph (2)-- [<-Struck out]

‘(A) the number that did not receive services during the year under the State program funded under this part or an equivalent State program; [<-Struck out]

‘(B) the number that received services during the year under the State program funded under this part or an equivalent State program; and [<-Struck out]

‘(C) the number that were removed from their families during the year by disposition of the case. [<-Struck out]

‘(4) The number of families that received preventive services from the State during the year. [<-Struck out]

‘(5) The number of deaths in the State during the year resulting from child abuse or neglect. [<-Struck out]

‘(6) Of the number of children described in paragraph (5), the number of such children who were in foster care. [<-Struck out]

‘(7) The number of child protective service workers responsible for the intake and screening of reports filed in the previous year. [<-Struck out]

‘(8) The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect. [<-Struck out]

‘(9) The response time with respect to the provision of services to families and children where an allegation of abuse or neglect has been made. [<-Struck out]

‘(10) The number of child protective service workers responsible for intake, assessment, and investigation of child abuse and neglect reports relative to the number of reports investigated in the previous year.’. [<-Struck out]

[Struck out->] `SEC. 110. REPEAL.` [<-Struck out]

Section 108 (42 U.S.C. 5106b) is repealed.

[Struck out->] `SEC. 111. DEFINITIONS.` [<-Struck out]

Section 113 (42 U.S.C. 5106h) is amended--

(1) by striking paragraphs (1) and (2);

(2) by redesignating paragraphs (3) through (10) as paragraphs (1) through (8), respectively; and

(3) in paragraph (2) (as so redesignated), to read as follows:

‘(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 or serious physical, sexual, or emotional harm, or presents an imminent risk of serious harm. Such term does not include a child who has suffered harm where the harm results primarily from the parent or caretaker’s lack of financial resources or from causes linked to such lack of resources;’. [<-Struck out]

[Struck out->] `SEC. 112. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

Section 114(a) (42 U.S.C. 5106h(a)) is amended to read as follows:

‘(a) IN GENERAL- [<-Struck out]

‘(1) GENERAL AUTHORIZATION- There are authorized to be appropriated to carry out this title, $100,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000. [<-Struck out]

‘(2) DISCRETIONARY ACTIVITIES- [<-Struck out]

‘(A) IN GENERAL- Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 33 1/3 percent of such amounts to fund discretionary activities under this title. [<-Struck out]

‘(B) DEMONSTRATION PROJECTS- Of the amounts made available for a fiscal year under subparagraph (A), the Secretary shall make available not more than 40 percent of such amounts to carry out section 106.’. [<-Struck out]

[Struck out->] `SEC. 113. RULE OF CONSTRUCTION.` [<-Struck out]

Title I (42 U.S.C. 5101 et seq.) is amended by adding at the end thereof the following new section:

[Struck out->]
`‘SEC. 115. RULE OF CONSTRUCTION.` [<-Struck out]

‘(a) IN GENERAL- Nothing in this Act shall be construed to require that a parent or legal guardian provide a child any medical service or treatment, nor require a State to find abuse or neglect in cases in which a parent or legal guardian treats a child’s health condition solely or partially by spiritual or non-medical means. [<-Struck out]

‘(b) STATE INTERVENTION- Notwithstanding subsection (a), nothing in this Act shall be construed as precluding a State from intervening to protect a child or find abuse or neglect in a case involving the failure or refusal to provide a medical service or treatment where such failure or refusal will lead to imminent risk of severe harm to the child.’. [<-Struck out]

[Struck out->]
`TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS`
[<-Struck out]

[Struck out->] `SEC. 201. ESTABLISHMENT OF PROGRAM.` [<-Struck out]

Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq.) is amended to read as follows:

[Struck out->]

`‘TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS`

[<-Struck out]

[Struck out->]
`‘SEC. 201. PURPOSE AND AUTHORITY.` [<-Struck out]

‘(a) PURPOSE- It is the purpose of this Act to support State efforts to develop, operate, expand and enhance a network of community-based, prevention-focused, family resource and support programs that are culturally competent and that coordinate resources among existing education, vocational rehabilitation, disability, respite, health, mental health, job readiness, self-sufficiency, child and family development, community action, Head Start, child care, child abuse and neglect prevention, juvenile justice, domestic violence prevention and intervention, housing, and other human service organizations within the State. [<-Struck out]

‘(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’) for the purpose of-- [<-Struck out]

‘(1) developing, operating, expanding and enhancing Statewide networks of community-based, prevention-focused, family resource and support programs that-- [<-Struck out]

‘(A) offer sustained assistance to families; [<-Struck out]

‘(B) provide early, comprehensive, and holistic support for all parents; [<-Struck out]

‘(C) promote the development of parental competencies and capacities, especially in young parents and parents with very young children; [<-Struck out]

‘(D) increase family stability; [<-Struck out]

‘(E) improve family access to other formal and informal resources and opportunities for assistance available within communities; and [<-Struck out]

‘(F) support the additional needs of families with children with disabilities; [<-Struck out]

‘(2) fostering the development of a continuum of preventive services for children and families through State and community-based collaborations and partnerships both public and private; [<-Struck out]

‘(3) financing the start-up, maintenance, expansion, or redesign of specific family resource and support program services (such as respite services, child abuse and neglect prevention activities, disability services, mental health 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; [<-Struck out]

‘(4) maximizing funding for the financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management, reporting and evaluation costs for establishing, operating, or expanding a Statewide network of community-based, prevention-focused, family resource and support program; and [<-Struck out]

‘(5) financing public information activities that focus on the healthy and positive development of parents and children and the promotion of child abuse and neglect prevention activities. [<-Struck out]

[Struck out->]
`‘SEC. 202. ELIGIBILITY.` [<-Struck out]

‘A State shall be eligible for a grant under this title for a fiscal year if-- [<-Struck out]

‘(1)(A) the chief executive officer of the State has designated an 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 a Statewide network of community-based, prevention-focused, family resource and support programs, child abuse and neglect prevention activities and access to respite services integrated with the Statewide network; [<-Struck out]

‘(B) in determining which entity to designate under subparagraph (A), the chief executive officer should give priority consideration to the trust fund advisory board of the State or an 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 [<-Struck out]

‘(C) such lead entity is an existing public, quasi-public, or nonprofit private entity 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; [<-Struck out]

‘(2) the chief executive officer of the State provides assurances that the lead entity will provide or will be responsible for providing-- [<-Struck out]

‘(A) a network of community-based family resource and support programs composed of local, collaborative, public-private partnerships directed by interdisciplinary structures with balanced representation from private and public sector members, parents, and public and private nonprofit service providers and individuals and organizations experienced in working in partnership with families with children with disabilities; [<-Struck out]

‘(B) direction to the network through an interdisciplinary, collaborative, public-private structure with balanced representation from private and public sector members, parents, and public sector and private nonprofit sector service providers; and [<-Struck out]

‘(C) direction and oversight to the network 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 [<-Struck out]

‘(3) the chief executive officer of the State provides assurances that the lead entity-- [<-Struck out]

‘(A) has a demonstrated commitment to parental participation in the development, operation, and oversight of the Statewide network of community-based, prevention-focused, family resource and support programs; [<-Struck out]

‘(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, holistic services for children and families through the Statewide network of community-based, prevention-focused, family resource and support programs; [<-Struck out]

‘(C) has the capacity to provide operational support (both financial and programmatic) and training and technical assistance, to the Statewide network of community-based, prevention-focused, family resource and support programs, through innovative, interagency funding and interdisciplinary service delivery mechanisms; and [<-Struck out]

‘(D) will integrate its efforts with individuals and organizations experienced in working in partnership with families with children with disabilities and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities. [<-Struck out]

[Struck out->]
`‘SEC. 203. AMOUNT OF GRANT.` [<-Struck out]

‘(a) RESERVATION- The Secretary shall reserve 1 percent of the amount appropriated under section 210 for a fiscal year to make allotments to Indian tribes and tribal organizations and migrant programs. [<-Struck out]

‘(b) IN GENERAL- Of the amounts appropriated for a fiscal year under section 210 and remaining after the reservation under subsection (a), The Secretary shall allot to each State lead entity an amount so that-- [<-Struck out]

‘(1) 50 percent of the total amount allotted to the State under this section is based on the number of children under 18 residing in the State as compared to the number of such children residing in all States, except that no State shall receive less than $250,000; and [<-Struck out]

‘(2) each State receives, from the amounts remaining from the total amount appropriated, an amount equal to 50 percent of the amount that each such State has directed through the lead agency to the purposes identified under the authority of this title, including foundation, corporate, and other private funding, State revenues, and Federal funds. [<-Struck out]

‘(c) ALLOCATION- Funds allotted to a State under this section shall be awarded on a formula basis for a 3-year period. Payment under such allotments shall be made by the Secretary annually on the basis described in subsection (a). [<-Struck out]

[Struck out->]
`‘SEC. 204. EXISTING AND CONTINUATION GRANTS.` [<-Struck out]

‘(a) EXISTING GRANTS- Notwithstanding the enactment of this title, a State or entity that has a grant, contract, or cooperative agreement in effect, on the date of enactment of this title, under the Family Resource and Support Program, the Community-Based Family Resource Program, the Emergency Child Abuse Prevention Grant Program, or the Temporary Child Care for Children with Disabilities and Crisis Nurseries Programs shall continue to receive funds under such programs, subject to the original terms under which such funds were granted, through the end of the applicable grant cycle. [<-Struck out]

‘(b) CONTINUATION GRANTS- The Secretary may continue grants for Family Resource and Support Program grantees, and those programs otherwise funded under this Act, on a noncompetitive basis, subject to the availability of appropriations, satisfactory performance by the grantee, and receipt of reports required under this Act, until such time as the grantee no longer meets the original purposes of this Act. [<-Struck out]

[Struck out->]
`‘SEC. 205. APPLICATION.` [<-Struck out]

‘(a) IN GENERAL- A grant may not be made to a State under this title unless an application therefore is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of section 202, including-- [<-Struck out]

‘(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 Statewide network of community-based, prevention-focused, family resource and support programs which meets the requirements of section 202; [<-Struck out]

‘(2) a description of how the network of community-based, prevention-focused, family resource and support programs will operate and how family resource and support services provided by public and private, nonprofit organizations, including those funded by programs consolidated under this Act, will be integrated into a developing continuum of family centered, holistic, preventive services for children and families; [<-Struck out]

‘(3) an assurance that an inventory of current family resource programs, respite, child abuse and neglect prevention activities, and other family resource services operating in the State, and a description of current unmet needs, will be provided; [<-Struck out]

‘(4) a budget for the development, operation and expansion of the State’s network of community-based, prevention-focused, family resource and support programs that verifies that the State will expend 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; [<-Struck out]

‘(5) an assurance that funds received under this title will supplement, not supplant, other State and local public funds designated for the Statewide network of community-based, prevention-focused, family resource and support programs; [<-Struck out]

‘(6) an assurance that the State network of community-based, prevention-focused, family resource and support programs will maintain cultural diversity, and be culturally competent and socially sensitive and responsive to the needs of families with children with disabilities; [<-Struck out]

‘(7) an assurance that the State has the capacity to ensure the meaningful involvement of parents [<-Struck out]

[Struck out->] who are consumers and 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; [<-Struck out]

‘(8) a description of the criteria that the entity will use to develop, or select and fund, individual community-based, prevention-focused, family resource and support programs as part of network development, expansion or enhancement; [<-Struck out]

‘(9) a description of outreach activities that the entity and the community-based, prevention-focused, family resource and support programs will undertake to maximize the participation of racial and ethnic minorities, new immigrant populations, children and adults with disabilities, and members of other underserved or underrepresented groups; [<-Struck out]

‘(10) a plan for providing operational support, training and technical assistance to community-based, prevention-focused, family resource and support programs for development, operation, expansion and enhancement activities; [<-Struck out]

‘(11) a description of how the applicant entity’s activities and those of the network and its members will be evaluated; [<-Struck out]

‘(12) a description of that actions that the applicant entity will take to advocate changes in State policies, practices, procedures and regulations to improve the delivery of prevention-focused, family resource and support program services to all children and families; and [<-Struck out]

‘(13) an assurance that the applicant entity will provide the Secretary with reports at such time and containing such information as the Secretary may require. [<-Struck out]

[Struck out->]
`‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.` [<-Struck out]

‘(a) IN GENERAL- Grants made under this title shall be used to develop, implement, operate, expand and enhance community-based, prevention-focused, family resource and support programs that-- [<-Struck out]

‘(1) assess community assets and needs through a planning process that involves parents and local public agencies, local nonprofit organizations, and private sector representatives; [<-Struck out]

‘(2) develop a strategy to provide, over time, a continuum of preventive, holistic, family centered services to children and families, especially to young parents and parents with young children, through public-private partnerships; [<-Struck out]

‘(3) provide-- [<-Struck out]

‘(A) core family resource and support services such as-- [<-Struck out]

‘(i) parent education, mutual support and self help, and leadership services; [<-Struck out]

‘(ii) early developmental screening of children; [<-Struck out]

‘(iii) outreach services; [<-Struck out]

‘(iv) community and social service referrals; and [<-Struck out]

‘(v) follow-up services; [<-Struck out]

‘(B) other core services, which must be provided or arranged for through contracts or agreements with other local agencies, including all forms of respite services; and [<-Struck out]

‘(C) access to optional services, including-- [<-Struck out]

‘(i) child care, early childhood development and intervention services; [<-Struck out]

‘(ii) services and supports to meet the additional needs of families with children with disabilities; [<-Struck out]

‘(iii) job readiness services; [<-Struck out]

‘(iv) educational services, such as scholastic tutoring, literacy training, and General Educational Degree services; [<-Struck out]

‘(v) self-sufficiency and life management skills training; [<-Struck out]

‘(vi) community referral services; and [<-Struck out]

‘(vii) peer counseling; [<-Struck out]

‘(4) develop leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the programs and services; [<-Struck out]

‘(5) provide leadership in mobilizing local public and private resources to support the provision of needed family resource and support program services; and [<-Struck out]

‘(6) participate with other community-based, prevention-focused, family resource and support program grantees in the development, operation and expansion of the Statewide network. [<-Struck out]

‘(b) PRIORITY- In awarding local grants under this title, a lead entity shall give priority to community-based programs serving low income communities and those serving young parents or parents with young children, and to community-based family resource and support programs previously funded under the programs consolidated under the Child Abuse Prevention and Treatment Act Amendments of 1995, so long as such programs meet local program requirements. [<-Struck out]

[Struck out->]
`‘SEC. 207. PERFORMANCE MEASURES.` [<-Struck out]

‘A State receiving a grant under this title, through reports provided to the Secretary, shall-- [<-Struck out]

‘(1) demonstrate the effective development, operation and expansion of a Statewide network of community-based, prevention-focused, family resource and support programs that meets the requirements of this title; [<-Struck out]

‘(2) 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; [<-Struck out]

‘(3) demonstrate the establishment of new respite and other specific new family resources services to address unmet needs identified by the inventory and description of current services required under section 201(b)(6); [<-Struck out]

‘(4) describe the number of families served, including families with children with disabilities, and the involvement of a diverse representation of families in the design, operation, and evaluation of the Statewide network of community-based, prevention-focused, family resource and support programs, and in the design, operation and evaluation of the individual community-based family resource and support programs that are part of the Statewide network funded under this title; [<-Struck out]

‘(5) demonstrate a high level of satisfaction among families who have used the services of the community-based, prevention-focused, family resource and support programs; [<-Struck out]

‘(6) demonstrate the establishment or maintenance of innovative funding mechanisms, at the State or community level, that blend Federal, State, local and private funds, and innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion and enhancement of the Statewide network of community-based, prevention-focused, family resource and support programs; [<-Struck out]

‘(7) describe the results of a peer review process conducted under the State program; and [<-Struck out]

‘(8) demonstrate an implementation plan to ensure the continued leadership of parents in the on-going planning, implementation, and evaluation of such community based, prevention-focused, family resource and support programs. [<-Struck out]

[Struck out->]
`‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.` [<-Struck out]

‘The Secretary may allocate such sums as may be necessary from the amount provided under the State allotment to support the activities of the State network-- [<-Struck out]

‘(1) to create, operate and maintain a peer review process; [<-Struck out]

‘(2) to create, operate and maintain an information clearinghouse; [<-Struck out]

‘(3) to fund a yearly symposium on State system change efforts that result from the operation of the Statewide networks of community-based, prevention-focused, family resource and support programs; [<-Struck out]

‘(4) to create, operate and maintain a computerized communication system between lead entities; and [<-Struck out]

‘(5) to fund State-to-State technical assistance through bi-annual conferences. [<-Struck out]

[Struck out->]
`‘SEC. 209. DEFINITIONS.` [<-Struck out]

‘(1) CHILDREN WITH DISABILITIES- The term ‘children with disabilities’ has the same meaning given such term in section 602(a)(2) of the Individuals with Disabilities Education Act. [<-Struck out]

‘(2) COMMUNITY REFERRAL SERVICES- The term ‘community referral services’ means services provided under contract or through interagency agreements to assist families in obtaining needed information, mutual support and community resources, including respite services, health and mental health services, employability development and job training, and other social services through help lines or other methods. [<-Struck out]

‘(3) CULTURALLY COMPETENT- The term ‘culturally competent’ means services, support, or other assistance that is conducted or provided in a manner that-- [<-Struck out]

‘(A) is responsive to the beliefs, interpersonal styles, attitudes, languages, and behaviors of those individuals and families receiving services; and [<-Struck out]

‘(B) has the greatest likelihood of ensuring maximum participation of such individuals and families. [<-Struck out]

‘(4) FAMILY RESOURCE AND SUPPORT PROGRAM- The term ‘family resource and support program’ means a community-based, prevention-focused entity that-- [<-Struck out]

‘(A) provides, through direct service, the core services required under this title, including-- [<-Struck out]

‘(i) parent education, support and leadership services, together with services characterized by relationships between parents and professionals that are based on equality and respect, and designed to assist parents in acquiring parenting skills, learning about child development, and responding appropriately to the behavior of their children; [<-Struck out]

‘(ii) services to facilitate the ability of parents to serve as resources to one another other (such as through mutual support and parent self-help groups); [<-Struck out]

‘(iii) early developmental screening of children to assess any needs of children, and to identify types of support that may be provided; [<-Struck out]

‘(iv) outreach services provided through voluntary home visits and other methods to assist parents in becoming aware of and able to participate in family resources and support program activities; [<-Struck out]

‘(v) community and social services to assist families in obtaining community resources; and [<-Struck out]

‘(vi) follow-up services; [<-Struck out]

‘(B) provides, or arranges for the provision of, other core services through contracts or agreements with other local agencies, including all forms of respite services; and [<-Struck out]

‘(C) provides access to optional services, directly or by contract, purchase of service, or interagency agreement, including-- [<-Struck out]

‘(i) child care, early childhood development and early intervention services; [<-Struck out]

‘(ii) self-sufficiency and life management skills training; [<-Struck out]

‘(iii) education services, such as scholastic tutoring, literacy training, and General Educational Degree services; [<-Struck out]

‘(iv) job readiness skills; [<-Struck out]

‘(v) child abuse and neglect prevention activities; [<-Struck out]

‘(vi) services that families with children with disabilities or special needs may require; [<-Struck out]

‘(vii) community and social service referral; [<-Struck out]

‘(viii) peer counseling; [<-Struck out]

‘(ix) referral for substance abuse counseling and treatment; and [<-Struck out]

‘(x) help line services. [<-Struck out]

‘(5) NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS- The term ‘network for community-based family resource program’ means the organization of State designated entities who receive grants under this title, and includes the entire membership of the Children’s Trust Fund Alliance and the National Respite Network. [<-Struck out]

‘(6) OUTREACH SERVICES- The term ‘outreach services’ means services provided to assist consumers, through voluntary home visits or other methods, in accessing and participating in family resource and support program activities. [<-Struck out]

‘(7) RESPITE SERVICES- The term ‘respite services’ means short term care services provided in the temporary absence of the regular caregiver (parent, other relative, foster parent, adoptive parent, or guardian) to children who-- [<-Struck out]

‘(A) are in danger of abuse or neglect; [<-Struck out]

‘(B) have experienced abuse or neglect; or [<-Struck out]

‘(C) have disabilities, chronic, or terminal illnesses. [<-Struck out]

 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.

[Struck out->]
`‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

‘There are authorized to be appropriated to carry out this title, $108,000,000 for each of the fiscal years 1996, 1997, and 1998.’. [<-Struck out]

[Struck out->] `SEC. 202. REPEALS.` [<-Struck out]

   (a) TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS NURSERIES ACT- The Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is repealed.

   (b) FAMILY SUPPORT CENTERS- Subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481 et seq.) is repealed.

[Struck out->]
`TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES`
[<-Struck out]

[Struck out->] `SEC. 301. REFERENCE.` [<-Struck out]

   Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.).

[Struck out->] `SEC. 302. STATE DEMONSTRATION GRANTS.` [<-Struck out]

Section 303(e) (42 U.S.C. 10420(e)) is amended--

(1) by striking ‘following local share’ and inserting ‘following non-Federal matching local share’; and

   (2) by striking ‘20 percent’ and all that follows through ‘private sources.’ and inserting ‘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.’.

[Struck out->] `SEC. 303. ALLOTMENTS.` [<-Struck out]

Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended by striking ‘$200,000’ and inserting ‘$400,000’.

[Struck out->] `SEC. 304. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

Section 310 (42 U.S.C. 10409) is amended--

(1) in subsection (b), by striking ‘80’ and inserting ‘70’; and

(2) by adding at the end thereof the following new subsections:

‘(d) GRANTS FOR STATE COALITIONS- Of the amounts appropriated under subsection (a) for each fiscal year, not less than 10 percent of such amounts shall be used by the Secretary for making grants under section 311. [<-Struck out]

‘(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.’. [<-Struck out]

[Struck out->]
`TITLE IV--ADOPTION OPPORTUNITIES`
[<-Struck out]

[Struck out->] `SEC. 401. REFERENCE.` [<-Struck out]

   Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111 et seq.).

[Struck out->] `SEC. 402. FINDINGS AND PURPOSE.` [<-Struck out]

Section 201 (42 U.S.C. 5111) is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by striking ‘50 percent between 1985 and 1990’ and inserting ‘61 percent between 1986 and 1994’; and

(ii) by striking ‘400,000 children at the end of June, 1990’ and inserting ‘452,000 as of June, 1994’; and

(B) in paragraph (5), by striking ‘local’ and inserting ‘legal’; and

(C) in paragraph (7), to read as follows:

‘(7)(A) currently, 40,000 children are free for adoption and awaiting placement; [<-Struck out]

‘(B) such children are typically school aged, in sibling groups, have experienced neglect or abuse, or have a physical, mental, or emotional disability; and [<-Struck out]

‘(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;’; and [<-Struck out]

(2) in subsection (b)--

   (A) by striking ‘conditions, by--’ and all that follows through ‘providing a mechanism’ and inserting ‘conditions, by providing a mechanism’; and

   (B) by redesignating subparagraphs (A) through (C), as paragraphs (1) through (3), respectively and by realigning the margins of such paragraphs accordingly.

[Struck out->] `SEC. 403. INFORMATION AND SERVICES.` [<-Struck out]

Section 203 (42 U.S.C. 5113) is amended--

(1) in subsection (a), by striking the last sentence;

(2) in subsection (b)--

(A) in paragraph (6), to read as follows:

‘(6) study the nature, scope, and effects of the placement of children in kinship care arrangements, pre-adoptive, or adoptive homes;’; [<-Struck out]

(B) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and

(C) by inserting after paragraph (6), the following new paragraph:

‘(7) study the efficacy of States contracting with public or private nonprofit agencies (including community-based organizations), organizations, or sectarian institutions for the recruitment of potential adoptive and foster families and to provide assistance in the placement of children for adoption;’; and [<-Struck out]

(3) in subsection (d)--

(A) in paragraph (2)--

(i) by striking ‘Each’ and inserting ‘(A) Each’;

   (ii) by striking ‘for each fiscal year’ and inserting ‘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’; and

(iii) by adding at the end thereof the following new subparagraph:

‘(B) The Secretary shall provide, directly or by grant to or contract with public or private nonprofit agencies or organizations-- [<-Struck out]

‘(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 children with special needs, and in the provision of pre- and post-placement services, including post-legal adoption services; and [<-Struck out]

‘(ii) other assistance to help State and local governments replicate successful adoption-related projects from other areas in the United States.’. [<-Struck out]

[Struck out->] `SEC. 404. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

Section 205 (42 U.S.C. 5115) is amended--

(1) in subsection (a)--

(A) by striking ‘$10,000,000,’ and all that follows through ‘1992, and’; and

   (B) by inserting ‘$20,000,000 for fiscal year 1996, and such sums as may be necessary for fiscal year 1997’ after ‘1995,’;

(2) by striking subsection (b); and

(3) by redesignating subsection (c) as subsection (b).

[Struck out->]
`TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986`
[<-Struck out]

[Struck out->] `SEC. 501. REAUTHORIZATION.` [<-Struck out]

   Section 104(a)(1) of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended by striking ‘$20,000,000’ and all that follows through the end thereof and inserting ‘$35,000,000 for each of the fiscal years 1995 and 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000’.

[Struck out->]
`TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS`
[<-Struck out]

[Struck out->] `SEC. 601. MISSING CHILDREN’S ASSISTANCE ACT.` [<-Struck out]

Section 408 of the Missing Children’s Assistance Act (42 U.S.C. 5777) is amended--

(1) by striking ‘To’ and inserting ‘(a) IN GENERAL- ’

(2) by striking ‘and 1996’ and inserting ‘1996, and 1997’; and

(3) by adding at the end thereof the following new subsection:

‘(b) EVALUATION- The Administrator shall use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evaluation of the effectiveness of the programs and activities established and operated under this title.’. [<-Struck out]

[Struck out->] `SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.` [<-Struck out]

Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is amended--

(1) in subsection (a)(2), by striking ‘and 1996’ and inserting ‘1996, and 1997’; and

(2) in subsection (b)(2), by striking ‘and 1996’ and inserting ‘1996, and 1997’.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the ‘Child Abuse Prevention and Treatment Act Amendments of 1995’.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--GENERAL PROGRAM

Sec. 101. Reference.

Sec. 102. Findings.

Sec. 103. Office of Child Abuse and Neglect.

Sec. 104. Advisory Board on Child Abuse and Neglect.

Sec. 105. Repeal of Interagency Task Force.

Sec. 106. National Clearinghouse for Information Relating to Child Abuse.

Sec. 107. Research and assistance activities.

Sec. 108. Grants for demonstration programs.

Sec. 109. State grants for prevention and treatment programs.

Sec. 110. Repeal.

Sec. 111. Miscellaneous requirements.

Sec. 112. Definitions.

Sec. 113. Authorization of appropriations.

Sec. 114. Rule of construction.

Sec. 115. Technical amendment.

TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

Sec. 201. Establishment of program.

Sec. 202. Repeals.

TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

Sec. 301. Reference.

Sec. 302. State demonstration grants.

Sec. 303. Allotments.

Sec. 304. Authorization of appropriations.

TITLE IV--ADOPTION OPPORTUNITIES

Sec. 401. Reference.

Sec. 402. Findings and purpose.

Sec. 403. Information and services.

Sec. 404. Authorization of appropriations.

TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

Sec. 501. Reauthorization.

TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

Sec. 601. Missing Children’s Assistance Act.

Sec. 602. Victims of Child Abuse Act of 1990.

TITLE I--GENERAL PROGRAM

SEC. 101. REFERENCE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.).

SEC. 102. FINDINGS.

Section 2 (42 U.S.C. 5101 note) is amended--

(1) in paragraph (1), the read as follows:

‘(1) each year, close to 1,000,000 American children are victims of abuse and neglect;’;

(2) in paragraph (3)(C), by inserting ‘assessment,’ after ‘prevention,’;

(3) in paragraph (4)--

(A) by striking ‘tens of’; and

(B) by striking ‘direct’ and all that follows through the semicolon and inserting ‘tangible expenditures, as well as significant intangible costs;’;

(4) in paragraph (7), by striking ‘remedy the causes of’ and inserting ‘prevent’;

(5) in paragraph (8), by inserting ‘safety,’ after ‘fosters the health,’;

(6) in paragraph (10)--

(A) by striking ‘ensure that every community in the United States has’ and inserting ‘assist States and communities with’; and

(B) by inserting ‘and family’ after ‘comprehensive child’; and

(7) in paragraph (11)--

(A) by striking ‘child protection’ each place that such appears and inserting ‘child and family protection’; and

(B) in subparagraph (D), by striking ‘sufficient’.

SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.

Section 101 (42 U.S.C.5101) is amended to read as follows:

‘SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.

‘(a) ESTABLISHMENT- The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect.

‘(b) PURPOSE- The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this Act. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.’.

SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

Section 102 (42 U.S.C.5102) is amended to read as follows:

‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

‘(a) APPOINTMENT- The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect.

‘(b) SOLICITATION OF NOMINATIONS- The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a).

‘(c) COMPOSITION- In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent--

‘(1) law (including the judiciary);

‘(2) psychology (including child development);

‘(3) social services (including child protective services);

‘(4) medicine (including pediatrics);

‘(5) State and local government;

‘(6) organizations providing services to disabled persons;

‘(7) organizations providing services to adolescents;

‘(8) teachers;

‘(9) parent self-help organizations;

‘(10) parents’ groups;

‘(11) voluntary groups;

‘(12) family rights groups; and

‘(13) children’s rights advocates.

‘(d) VACANCIES- Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made.

‘(e) ELECTION OF OFFICERS- The board shall elect a chairperson and vice-chairperson at its first meeting from among the members of the board.

‘(f) DUTIES- Not later than 1 year after the establishment of the board under subsection (a), the board shall submit to the Secretary and the appropriate committees of Congress a report, or interim report, containing--

‘(1) recommendations on coordinating Federal, State, and local child abuse and neglect activities with similar activities at the Federal, State, and local level pertaining to family violence prevention;

‘(2) specific modifications needed in Federal and State 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 place a child in danger; and

‘(3) recommendations for modifications needed to facilitate coordinated national data collection with respect to child protection and child welfare.’.

SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.

Section 103 (42 U.S.C.5103) is repealed.

SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE.

Section 104 (42 U.S.C.5104) is amended--

(1) in subsection (a), to read as follows:

‘(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.’;

(2) in subsection (b)--

(A) in the matter preceding paragraph (1), by striking ‘Director’ and inserting ‘Secretary’;

(B) in paragraph (1)--

(i) by inserting ‘assessment,’ after ‘prevention,’; and

(ii) by striking ‘, including’ and all that follows through ‘105(b)’ and inserting ‘and’;

(C) in paragraph (2)--

(i) in subparagraph (A), by striking ‘general population’ and inserting ‘United States’;

(ii) in subparagraph (B), by adding ‘and’ at the end thereof;

(iii) in subparagraph (C), by striking ‘; and’ at the end thereof and inserting a period; and

(iv) by striking subparagraph (D); and

(D) by striking paragraph (3); and

(3) in subsection (c)--

(A) in the matter preceding paragraph (1), by striking ‘Director’ and inserting ‘Secretary’;

(B) in paragraph (2), by striking ‘that is represented on the task force’ and inserting ‘involved with child abuse and neglect and mechanisms for the sharing of such information among other Federal agencies and clearinghouses’;

(C) in paragraph (3), by striking ‘State, regional’ and all that follows and inserting the following: ‘Federal, State, regional, and local child welfare data systems which shall include:

‘(A) standardized data on false, unfounded, unsubstantiated, and substantiated reports; and

‘(B) information on the number of deaths due to child abuse and neglect;’;

(D) by redesignating paragraph (4) as paragraph (6); and

(E) by inserting after paragraph (3), the following new paragraphs:

‘(4) through a national data collection and analysis program and in consultation with appropriate State and local agencies and experts in the field, collect, compile, and make available State child abuse and neglect reporting information which, to the extent practical, shall be universal and case specific, and integrated with other case-based foster care and adoption data collected by the Secretary;

‘(5) compile, analyze, and publish a summary of the research conducted under section 105(a); and’.

SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

(a) RESEARCH- Section 105(a) (42 (42 U.S.C. 5105(a)) is amended--

(1) in the section heading, by striking ‘OF THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT’;

(2) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking ‘, through the Center, conduct research on’ and inserting ‘, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on’;

(B) by redesignating subparagraphs (A) through (C) as subparagraph (B) through (D), respectively;

(C) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:

‘(A) the nature and scope of child abuse and neglect;’;

(D) in subparagraph (B) (as so redesignated), to read as follows:

‘(B) causes, prevention, assessment, identification, treatment, cultural and socio-economic distinctions, and the consequences of child abuse and neglect;’;

(E) in subparagraph (D) (as so redesignated)--

(i) by striking clause (ii); and

(ii) in clause (iii), to read as follows:

‘(ii) the incidence of substantiated and unsubstantiated reported child abuse cases;

‘(iii) the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions;

‘(iv) the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect;

‘(v) the extent to which the lack of adequate resources and the lack of adequate training of reporters have contributed to the inability of a State to respond effectively to serious cases of child abuse and neglect;

‘(vi) the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement;

‘(vii) the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect;

‘(viii) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; and

‘(ix) the incidence and outcomes of abuse 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.’; and

(3) in paragraph (2)--

(A) in subparagraph (A)--

(i) by striking ‘and demonstrations’; and

(ii) by striking ‘paragraph (1)(A) and activities under section 106’ and inserting ‘paragraph (1)’; and

(B) in subparagraph (B), by striking ‘and demonstration’.

(b) REPEAL- Subsection (b) of section 105 (42 U.S.C. 5105(b)) is repealed.

(c) TECHNICAL ASSISTANCE- Section 105(c) (42 U.S.C. 5105(c)) is amended--

(1) by striking ‘The Secretary’ and inserting:

‘(1) IN GENERAL- The Secretary’;

(2) by striking ‘, through the Center,’;

(3) by inserting ‘State and local’ before ‘public and nonprofit’;

(4) by inserting ‘assessment,’ before ‘identification’; and

(5) by adding at the end thereof the following new paragraphs:

‘(2) EVALUATION- Such technical assistance may include an evaluation or identification of--

‘(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases;

‘(B) ways to mitigate psychological trauma to the child victim; and

‘(C) effective programs carried out by the States under titles I and II.

‘(3) DISSEMINATION- The Secretary may provide for and disseminate information relating to various training resources available at the State and local level to--

‘(A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and

‘(B) appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, and child welfare personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to abuse.’.

(d) GRANTS AND CONTRACTS- Section 105(d)(2) (42 U.S.C. 5105(d)(2)) is amended by striking the second sentence.

(e) PEER REVIEW- Section 105(e) (42 U.S.C. 5105(e)) is amended--

(1) in paragraph (1)--

(A) in subparagraph (A)--

(i) by striking ‘establish a formal’ and inserting ‘, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious’;

(ii) by striking ‘and contracts’; and

(iii) by adding at the end thereof the following new sentence: ‘The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.’; and

(B) in subparagraph (B)--

(i) by striking ‘Office of Human Development’ and inserting ‘Administration on Children and Families’; and

(ii) by adding at the end thereof the following new sentence: ‘The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.’; and

(2) in paragraph (2)--

(A) in the matter preceding subparagraph (A), by striking ‘, contract, or other financial assistance’; and

(B) by adding at the end thereof the following flush sentence:

‘The Secretary shall award grants under this section on the basis of competitive review.’.

SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.

Section 106 (42 U.S.C. 5106) is amended--

(1) in the section heading, by striking ‘OR SERVICE’;

(2) in subsection (a), to read as follows:

‘(a) DEMONSTRATION PROGRAMS AND PROJECTS- The Secretary may make grants to, and enter into contracts with, public agencies or nonprofit private agencies or organizations (or combinations of such agencies or organizations) for time limited, demonstration programs and projects for the following purposes:

‘(1) TRAINING PROGRAMS- The Secretary may award grants to public or private non-profit organizations under this section--

‘(A) for the training of professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant fields 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;

‘(B) to provide culturally specific instruction in methods of protecting children from child abuse and neglect to children and to persons responsible for the welfare of children, including parents of and persons who work with children with disabilities;

‘(C) to improve the recruitment, selection, and training of volunteers serving in private and public nonprofit children, youth and family service organizations in order to prevent child abuse and neglect through collaborative analysis of current recruitment, selection, and training programs and development of model programs for dissemination and replication nationally; and

‘(D) for the establishment of resource centers for the purpose of providing information and training to professionals working in the field of child abuse and neglect.

‘(2) MUTUAL SUPPORT PROGRAMS- The Secretary may award grants to private non-profit organizations (such as Parents Anonymous) to establish or maintain a national network of mutual support and self-help programs as a means of strengthening families in partnership with their communities.

‘(3) OTHER INNOVATIVE PROGRAMS AND PROJECTS-

‘(A) IN GENERAL- The Secretary may award grants to public agencies that demonstrate innovation in responding to reports of child abuse and neglect including programs of collaborative partnerships between the State child protective service agency, community social service agencies and family support programs, schools, churches and synagogues, and other community agencies to allow for the establishment of a triage system that--

‘(i) accepts, screens and assesses reports received to determine which such reports require an intensive intervention and which require voluntary referral to another agency, program or project;

‘(ii) provides, either directly or through referral, a variety of community-linked services to assist families in preventing child abuse and neglect; and

‘(iii) provides further investigation and intensive intervention where the child’s safety is in jeopardy.

‘(B) KINSHIP CARE- The Secretary may award grants to public entities 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 or where such relatives comply with the State child protection standards.

‘(C) VISITATION CENTERS- The Secretary may award grants to public or private nonprofit entities to assist such entities in the establishment or operation of supervised visitation centers where there is documented, highly suspected, or elevated risk of child sexual, physical, or emotional abuse where, due to domestic violence, there is an ongoing risk of harm to a parent or child.’;

(3) in subsection (c), by striking paragraphs (1) and (2); and

(4) by adding at the end thereof the following new subsection:

‘(d) EVALUATION- In making grants for demonstration projects under this section, the Secretary shall require all such projects to be evaluated for their effectiveness. Funding for such evaluations shall be provided either as a stated percentage of a demonstration grant or as a separate grant entered into by the Secretary for the purpose of evaluating a particular demonstration project or group of projects.’.

SEC. 109. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.

Section 107 (42 U.S.C. 5106a) is amended to read as follows:

‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND 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 each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective service system of each such State in--

‘(1) the intake, assessment, screening, and investigation of reports of abuse and neglect;

‘(2)(A) creating and improving the use of multidisciplinary teams and interagency 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; and

‘(ii) provisions for the appointment of a guardian ad litem.

‘(3) case management and delivery of services provided to children and their families;

‘(4) enhancing the general child protective system by improving risk and safety assessment tools and protocols, automation systems that support the program and track reports of child abuse and neglect from intake through final disposition and information referral systems;

‘(5) developing, strengthening, and facilitating training opportunities and requirements for individuals overseeing and providing services to children and their families through the child protection system;

‘(6) developing and facilitating training protocols for individuals mandated to report child abuse or neglect;

‘(7) developing, strengthening, and supporting child abuse and neglect prevention, treatment, and research programs in the public and private sectors;

‘(8) developing, implementing, or operating--

‘(A) information and education programs or training programs designed to improve the provision of services to disabled infants with life-threatening conditions for--

‘(i) professional and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health-care facilities; and

‘(ii) the parents of such infants; and

‘(B) programs to assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions, including--

‘(i) existing social and health services;

‘(ii) financial assistance; and

‘(iii) services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption; or

‘(9) developing and enhancing the capacity of community-based programs to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level.

‘(b) ELIGIBILITY REQUIREMENTS- In order for a State to qualify for a grant under subsection (a), such State shall provide an assurance or certification, signed by the chief executive officer of the State, that the State--

‘(1) has in effect and operation a State law or Statewide program relating to child abuse and neglect which ensures--

‘(A) provisions or procedures for the reporting of known and suspected instances of child abuse and neglect;

‘(B) procedures for the immediate screening, safety assessment, and prompt investigation of such reports;

‘(C) procedures for immediate steps to be taken to ensure and protect the safety of the abused or neglected child and of any other child under the same care who may also be in danger of abuse or neglect;

‘(D) provisions for immunity from prosecution under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect;

‘(E) methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child’s parents or guardians, including methods to ensure that disclosure (and redisclosure) of information concerning child abuse or neglect involving specific individuals is made only to persons or entities that the State determines have a need for such information directly related to the purposes of this Act;

‘(F) requirements for the prompt disclosure of all relevant information to any Federal, State, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect;

‘(G) the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services;

‘(H) provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective service agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment; and

‘(I) provisions and procedures requiring that in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem shall be appointed to represent the child in such proceedings; and

‘(2) has in place procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for--

‘(A) coordination and consultation with individuals designated by and within appropriate health-care facilities;

‘(B) 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 life-threatening conditions); and

‘(C) authority, under State law, for the State child protective service 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 life threatening conditions.

‘(c) ADDITIONAL REQUIREMENT- Not later than 2 years after the date of enactment of this section, the State shall provide an assurance or certification that the State has in place provisions, procedures, and mechanisms by which individuals who disagree with an official finding of abuse or neglect can appeal such finding.

‘(d) STATE PROGRAM PLAN- To be eligible to receive a grant under this section, a State shall submit every 5 years a plan to the Secretary that specifies the child protective service system area or areas described in subsection (a) that the State intends to address with funds received under the grant. Such plan shall, to the maximum extent practicable, be coordinated with the plan of the State for child welfare services and family preservation and family support services under part B of title IV of the Social Security Act and shall contain an outline of the activities that the State intends to carry out using amounts provided under the grant to achieve the purposes of this Act, including the procedures to be used for--

‘(1) receiving and assessing reports of child abuse or neglect;

‘(2) investigating such reports;

‘(3) protecting children by removing them from dangerous settings and ensuring their placement in a safe environment;

‘(4) providing services or referral for services for families and children where the child is not in danger of harm;

‘(5) providing services to individuals, families, or communities, either directly or through referral, aimed at preventing the occurrence of child abuse and neglect;

‘(6) providing training to support direct line and supervisory personnel in report-taking, screening, assessment, decision-making, and referral for investigation; and

‘(7) providing training for individuals mandated to report suspected cases of child abuse or neglect.

‘(e) RESTRICTIONS RELATING TO CHILD WELFARE SERVICES- Programs or projects relating to child abuse and neglect assisted under part B of title IV of the Social Security Act shall comply with the requirements set forth in paragraphs (1) (A) and (B), and (2) of subsection (b).

‘(f) ANNUAL STATE DATA REPORTS- Each State to which a grant is made under this part shall annually work with the Secretary to provide, to the maximum extent practicable, a report that includes the following:

‘(1) The number of children who were reported to the State during the year as abused or neglected.

‘(2) Of the number of children described in paragraph (1), the number with respect to whom such reports were--

‘(A) substantiated;

‘(B) unsubstantiated; and

‘(C) determined to be false.

‘(3) Of the number of children described in paragraph (2)--

‘(A) the number that did not receive services during the year under the State program funded under this part or an equivalent State program;

‘(B) the number that received services during the year under the State program funded under this part or an equivalent State program; and

‘(C) the number that were removed from their families during the year by disposition of the case.

‘(4) The number of families that received preventive services from the State during the year.

‘(5) The number of deaths in the State during the year resulting from child abuse or neglect.

‘(6) Of the number of children described in paragraph (5), the number of such children who were in foster care.

‘(7) The number of child protective service workers responsible for the intake and screening of reports filed in the previous year.

‘(8) The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect.

‘(9) The response time with respect to the provision of services to families and children where an allegation of abuse or neglect has been made.

‘(10) The number of child protective service workers responsible for intake, assessment, and investigation of child abuse and neglect reports relative to the number of reports investigated in the previous year.

‘(g) ANNUAL REPORT BY THE SECRETARY- Within 6 months after receiving the State reports under subsection (f), 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.’.

SEC. 110. REPEAL.

Section 108 (42 U.S.C. 5106b) is repealed.

SEC. 111. MISCELLANEOUS REQUIREMENTS.

Section 110 (42 U.S.C. 5106d) is amended by striking subsections (c) and (d).

SEC. 112. DEFINITIONS.

Section 113 (42 U.S.C. 5106h) is amended--

(1) by striking paragraphs (1) and (2);

(2) by redesignating paragraphs (3) through (10) as paragraphs (1) through (8), respectively; and

(3) in paragraph (2) (as so redesignated), to read as follows:

‘(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 or serious physical, sexual, or emotional harm, or presents an imminent risk of serious harm;’.

SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

Section 114(a) (42 U.S.C. 5106h(a)) is amended to read as follows:

‘(a) IN GENERAL-

‘(1) GENERAL AUTHORIZATION- There are authorized to be appropriated to carry out this title, $100,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.

‘(2) DISCRETIONARY ACTIVITIES-

‘(A) IN GENERAL- Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 33 1/3 percent of such amounts to fund discretionary activities under this title.

‘(B) DEMONSTRATION PROJECTS- Of the amounts made available for a fiscal year under subparagraph (A), the Secretary make available not more than 40 percent of such amounts to carry out section 106.’.

SEC. 114. RULE OF CONSTRUCTION.

Title I (42 U.S.C. 5101 et seq.) is amended by adding at the end thereof the following new section:

‘SEC. 115. RULE OF CONSTRUCTION.

‘(a) IN GENERAL- Nothing in this Act shall be construed--

‘(1) as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guardian; and

‘(2) to require that a State find, or to prohibit a State from finding, abuse or neglect in cases in which a parent or legal guardian relies solely or partially upon spiritual means rather than medical treatment, in accordance with the religious beliefs of the parent or legal guardian.

‘(b) STATE REQUIREMENT- Notwithstanding subsection (a), a State shall, at a minimum, have in place authority under State law to permit the child protective service system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatment from children with life threatening conditions. Case by case determinations concerning the exercise of the authority of this subsection shall be within the sole discretion of the State.’.

SEC. 115. TECHNICAL AMENDMENT.

Section 1404A of the Victims of Crime Act of 1984 (42 U.S.C. 10603a) is amended--

(1) by striking ‘1402(d)(2)(D) and (d)(3)’ and inserting ‘1402(d)(2)’; and

(2) by striking ‘section 4(d)’ and inserting ‘section 109’.

TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

SEC. 201. ESTABLISHMENT OF PROGRAM.

Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116 et seq) is amended to read as follows:

‘TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

‘SEC. 201. PURPOSE AND AUTHORITY.

‘(a) PURPOSE- It is the purpose of this Act to support State efforts to develop, operate, expand and enhance a network of community-based, prevention-focused, family resource and support programs that are culturally competent and that coordinate resources among existing education, vocational rehabilitation, disability, respite, health, mental health, job readiness, self-sufficiency, child and family development, community action, Head Start, child care, child abuse and neglect prevention, juvenile justice, domestic violence prevention and intervention, housing, and other human service organizations within the State.

‘(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’) for the purpose of--

‘(1) developing, operating, expanding and enhancing Statewide networks of community-based, prevention-focused, family resource and support programs that--

‘(A) offer sustained assistance to families;

‘(B) provide early, comprehensive, and holistic support for all parents;

‘(C) promote the development of parental competencies and capacities, especially in young parents and parents with very young children;

‘(D) increase family stability;

‘(E) improve family access to other formal and informal resources and opportunities for assistance available within communities;

‘(F) support the additional needs of families with children with disabilities; and

‘(G) decrease the risk of homelessness;

‘(2) fostering the development of a continuum of preventive services for children and families 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 services (such as respite services, child abuse and neglect prevention activities, disability services, mental health 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 for the financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management, reporting and evaluation costs for establishing, operating, or expanding a Statewide network of community-based, prevention-focused, family resource and support program; and

‘(5) financing public information activities that focus on the healthy and positive development of parents and children and the promotion of child abuse and neglect prevention activities.

‘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 of the State has designated an 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 a Statewide network of community-based, prevention-focused, family resource and support programs, child abuse and neglect prevention activities and access to respite services integrated with the Statewide network;

‘(B) in determining which entity to designate under subparagraph (A), the chief executive officer should give priority consideration to the trust fund advisory board of the State or an 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

‘(C) such lead entity is an existing public, quasi-public, or nonprofit private entity 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;

‘(2) the chief executive officer of the State provides assurances that the lead entity will provide or will be responsible for providing--

‘(A) a network of community-based family resource and support programs composed of local, collaborative, public-private partnerships directed by interdisciplinary structures with balanced representation from private and public sector members, parents, and public and private nonprofit service providers and individuals and organizations experienced in working in partnership with families with children with disabilities;

‘(B) direction to the network through an interdisciplinary, collaborative, public-private structure with balanced representation from private and public sector members, parents, and public sector and private nonprofit sector service providers; and

‘(C) direction and oversight to the network 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 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 Statewide network of community-based, prevention-focused, family resource and support programs;

‘(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, holistic services for children and families through the Statewide network of community-based, prevention-focused, family resource and support programs;

‘(C) has the capacity to provide operational support (both financial and programmatic) and training and technical assistance, to the Statewide network of community-based, prevention-focused, family resource and support programs, 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 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- The Secretary shall reserve 1 percent of the amount appropriated under section 210 for a fiscal year to make allotments to Indian tribes and tribal organizations and migrant programs.

‘(b) IN GENERAL- Of the amounts appropriated for a fiscal year under section 210 and remaining after the reservation under subsection (a), The Secretary shall allot to each State lead entity an amount so that--

‘(1) 50 percent of the total amount allotted to the State under this section is based on the number of children under 18 residing in the State as compared to the number of such children residing in all States, except that no State shall receive less than $250,000; and

‘(2) each State receives, from the amounts remaining from the total amount appropriated, an amount equal to 50 percent of the amount that each such State has directed through the lead agency to the purposes identified under the authority of this title, including foundation, corporate, and other private funding, State revenues, and Federal funds.

‘(c) ALLOCATION- Funds allotted to a State under this section shall be awarded on a formula basis for a 3-year period. Payment under such allotments shall be made by the Secretary annually on the basis described in subsection (a).

‘SEC. 204. EXISTING AND CONTINUATION GRANTS.

‘(a) EXISTING GRANTS- Notwithstanding the enactment of this title, a State or entity that has a grant, contract, or cooperative agreement in effect, on the date of enactment of this title, under the Family Resource and Support Program, the Community-Based Family Resource Program, the Family Support Center Program, the Emergency Child Abuse Prevention Grant Program, or the Temporary Child Care for Children with Disabilities and Crisis Nurseries Programs shall continue to receive funds under such programs, subject to the original terms under which such funds were granted, through the end of the applicable grant cycle.

‘(b) CONTINUATION GRANTS- The Secretary may continue grants for Family Resource and Support Program grantees, and those programs otherwise funded under this Act, on a noncompetitive basis, subject to the availability of appropriations, satisfactory performance by the grantee, and receipt of reports required under this Act, until such time as the grantee no longer meets the original purposes of this Act.

‘SEC. 205. APPLICATION.

‘(a) IN GENERAL- A grant may not be made to a State under this title unless an application therefore is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of section 202, including--

‘(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 Statewide network of community-based, prevention-focused, family resource and support programs which meets the requirements of section 202;

‘(2) a description of how the network of community-based, prevention-focused, family resource and support programs will operate and how family resource and support services provided by public and private, nonprofit organizations, including those funded by programs consolidated under this Act, will be integrated into a developing continuum of family centered, holistic, preventive services for children and families;

‘(3) an assurance that an inventory of current family resource programs, respite, child abuse and neglect prevention activities, and other family resource services operating in the State, and a description of current unmet needs, will be provided;

‘(4) a budget for the development, operation and expansion of the State’s network of community-based, prevention-focused, family resource and support programs that verifies that the State will expend 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;

‘(5) an assurance that funds received under this title will supplement, not supplant, other State and local public funds designated for the Statewide network of community-based, prevention-focused, family resource and support programs;

‘(6) an assurance that the State network of community-based, prevention-focused, family resource and support programs will maintain cultural diversity, and be culturally competent and socially sensitive and responsive to the needs of families with children with disabilities;

‘(7) an assurance that the State has the capacity to ensure the meaningful involvement of parents who are consumers and 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;

‘(8) a description of the criteria that the entity will use to develop, or select and fund, individual community-based, prevention-focused, family resource and support programs as part of network development, expansion or enhancement;

‘(9) a description of outreach activities that the entity and the community-based, prevention-focused, family resource and support programs will undertake to maximize the participation of racial and ethnic minorities, new immigrant populations, children and adults with disabilities, homeless families and those at risk of homelessness, and members of other underserved or underrepresented groups;

‘(10) a plan for providing operational support, training and technical assistance to community-based, prevention-focused, family resource and support programs for development, operation, expansion and enhancement activities;

‘(11) a description of how the applicant entity’s activities and those of the network and its members will be evaluated;

‘(12) a description of that actions that the applicant entity will take to advocate changes in State policies, practices, procedures and regulations to improve the delivery of prevention-focused, family resource and support program services to all children and families; and

‘(13) an assurance that the applicant entity will provide the Secretary with reports at such time and containing such information as the Secretary may require.

‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.

‘(a) IN GENERAL- Grants made under this title shall be used to develop, implement, operate, expand and enhance

community-based, prevention-focused, family resource and support programs that--

‘(1) assess community assets and needs through a planning process that involves parents and local public agencies, local nonprofit organizations, and private sector representatives;

‘(2) develop a strategy to provide, over time, a continuum of preventive, holistic, family centered services to children and families, especially to young parents and parents with young children, 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) early developmental screening of children;

‘(iii) outreach services;

‘(iv) community and social service referrals; and

‘(v) follow-up services;

‘(B) other core services, which must be provided or arranged for through contracts or agreements with other local agencies, including all forms of respite services to the extent practicable; and

‘(C) access to optional services, including--

‘(i) child care, early childhood development and intervention services;

‘(ii) services and supports to meet the additional needs of families with children with disabilities;

‘(iii) job readiness services;

‘(iv) educational services, such as scholastic tutoring, literacy training, and General Educational Degree services;

‘(v) self-sufficiency and life management skills training;

‘(vi) community referral services; and

‘(vii) peer counseling;

‘(4) develop leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the programs and services;

‘(5) provide leadership in mobilizing local public and private resources to support the provision of needed family resource and support program services; and

‘(6) participate with other community-based, prevention-focused, family resource and support program grantees in the development, operation and expansion of the Statewide network.

‘(b) PRIORITY- In awarding local grants under this title, a lead entity shall give priority to community-based programs serving low income communities and those serving young parents or parents with young children, and to community-based family resource and support programs previously funded under the programs consolidated under the Child Abuse Prevention and Treatment Act Amendments of 1995, so long as such programs meet local program requirements.

‘SEC. 207. PERFORMANCE MEASURES.

‘A State receiving a grant under this title, through reports provided to the Secretary, shall--

‘(1) demonstrate the effective development, operation and expansion of a Statewide network of community-based, prevention-focused, family resource and support programs that meets the requirements of this title;

‘(2) 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;

‘(3) demonstrate the establishment of new respite and other specific new family resources services, and the expansion of existing services, to address unmet needs identified by the inventory and description of current services required under section 205(a)(3);

‘(4) describe the number of families served, including families with children with disabilities, and the involvement of a diverse representation of families in the design, operation, and evaluation of the Statewide network of community-based, prevention-focused, family resource and support programs, and in the design, operation and evaluation of the individual community-based family resource and support programs that are part of the Statewide network funded under this title;

‘(5) demonstrate a high level of satisfaction among families who have used the services of the community-based, prevention-focused, family resource and support programs;

‘(6) demonstrate the establishment or maintenance of innovative funding mechanisms, at the State or community level, that blend Federal, State, local and private funds, and innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion and enhancement of the Statewide network of community-based, prevention-focused, family resource and support programs;

‘(7) describe the results of a peer review process conducted under the State program; and

‘(8) demonstrate an implementation plan to ensure the continued leadership of parents in the on-going planning, implementation, and evaluation of such community based, prevention-focused, family resource and support programs.

‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.

‘The Secretary may allocate such sums as may be necessary from the amount provided under the State allotment to support the activities of the lead entity in the State--

‘(1) to create, operate and maintain a peer review process;

‘(2) to create, operate and maintain an information clearinghouse;

‘(3) to fund a yearly symposium on State system change efforts that result from the operation of the Statewide networks of community-based, prevention-focused, family resource and support programs;

‘(4) to create, operate and maintain a computerized communication system between lead entities; and

‘(5) to fund State-to-State technical assistance through bi-annual conferences.

‘SEC. 209. DEFINITIONS.

‘For purposes of this title:

‘(1) CHILDREN WITH DISABILITIES- The term ‘children with disabilities’ has the same meaning given such term in section 602(a)(2) of the Individuals with Disabilities Education Act.

‘(2) COMMUNITY REFERRAL SERVICES- The term ‘community referral services’ means services provided under contract or through interagency agreements to assist families in obtaining needed information, mutual support and community resources, including respite services, health and mental health services, employability development and job training, and other social services through help lines or other methods.

‘(3) CULTURALLY COMPETENT- The term ‘culturally competent’ means services, support, or other assistance that is conducted or provided in a manner that--

‘(A) is responsive to the beliefs, interpersonal styles, attitudes, languages, and behaviors of those individuals and families receiving services; and

‘(B) has the greatest likelihood of ensuring maximum participation of such individuals and families.

‘(4) FAMILY RESOURCE AND SUPPORT PROGRAM- The term ‘family resource and support program’ means a community-based, prevention-focused entity that--

‘(A) provides, through direct service, the core services required under this title, including--

‘(i) parent education, support and leadership services, together with services characterized by relationships between parents and professionals that are based on equality and respect, and designed to assist parents in acquiring parenting skills, learning about child development, and responding appropriately to the behavior of their children;

‘(ii) services to facilitate the ability of parents to serve as resources to one another other (such as through mutual support and parent self-help groups);

‘(iii) early developmental screening of children to assess any needs of children, and to identify types of support that may be provided;

‘(iv) outreach services provided through voluntary home visits and other methods to assist parents in becoming aware of and able to participate in family resources and support program activities;

‘(v) community and social services to assist families in obtaining community resources; and

‘(vi) follow-up services;

‘(B) provides, or arranges for the provision of, other core services through contracts or agreements with other local agencies, including all forms of respite services; and

‘(C) provides access to optional services, directly or by contract, purchase of service, or interagency agreement, including--

‘(i) child care, early childhood development and early intervention services;

‘(ii) self-sufficiency and life management skills training;

‘(iii) education services, such as scholastic tutoring, literacy training, and General Educational Degree services;

‘(iv) job readiness skills;

‘(v) child abuse and neglect prevention activities;

‘(vi) services that families with children with disabilities or special needs may require;

‘(vii) community and social service referral;

‘(viii) peer counseling;

‘(ix) referral for substance abuse counseling and treatment; and

‘(x) help line services.

‘(5) NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS- The term ‘network for community-based family resource program’ means the organization of State designated entities who receive grants under this title, and includes the entire membership of the Children’s Trust Fund Alliance and the National Respite Network.

‘(6) OUTREACH SERVICES- The term ‘outreach services’ means services provided to assist consumers, through voluntary home visits or other methods, in accessing and participating in family resource and support program activities.

‘(7) RESPITE SERVICES- The term ‘respite services’ means short term care services 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;

‘(B) have experienced 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.

‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

‘There are authorized to be appropriated to carry out this title, $108,000,000 for each of the fiscal years 1996 through 2000.’.

SEC. 202. REPEALS.

(a) TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS NURSERIES ACT- The Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.) is repealed.

(b) FAMILY SUPPORT CENTERS- Subtitle F of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481 et seq.) is repealed.

TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

SEC. 301. REFERENCE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.).

SEC. 302. STATE DEMONSTRATION GRANTS.

Section 303(e) (42 U.S.C. 10420(e)) is amended--

(1) by striking ‘following local share’ and inserting ‘following non-Federal matching local share’; and

(2) by striking ‘20 percent’ and all that follows through ‘private sources.’ and inserting ‘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.’.

SEC. 303. ALLOTMENTS.

Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended by striking ‘$200,000’ and inserting ‘$400,000’.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

Section 310 (42 U.S.C. 10409) is amended--

(1) in subsection (b), by striking ‘80’ and inserting ‘70’; and

(2) by adding at the end thereof the following new subsections:

‘(d) GRANTS FOR STATE COALITIONS- Of the amounts appropriated under subsection (a) for each fiscal year, 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.’.

TITLE IV--ADOPTION OPPORTUNITIES

SEC. 401. REFERENCE.

SEC. 402. FINDINGS AND PURPOSE.

Section 201 (42 U.S.C. 5111) is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by striking ‘50 percent between 1985 and 1990’ and inserting ‘61 percent between 1986 and 1994’; and

(ii) by striking ‘400,000 children at the end of June, 1990’ and inserting ‘452,000 as of June, 1994’; and

(B) in paragraph (5), by striking ‘local’ and inserting ‘legal’; and

(C) in paragraph (7), to read as follows:

‘(7)(A) currently, 40,000 children are free for adoption and awaiting placement;

‘(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;’; and

(2) in subsection (b)--

(A) by striking ‘conditions, by--’ and all that follows through ‘providing a mechanism’ and inserting ‘conditions, by providing a mechanism’; and

(B) by redesignating subparagraphs (A) through (C), as paragraphs (1) through (3), respectively and by realigning the margins of such paragraphs accordingly.

SEC. 403. INFORMATION AND SERVICES.

Section 203 (42 U.S.C. 5113) is amended--

(1) in subsection (a), by striking the last sentence;

(2) in subsection (b)--

(A) in paragraph (6), to read as follows:

‘(6) study the nature, scope, and effects of the placement of children in kinship care arrangements, pre-adoptive, or adoptive homes;’;

(B) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and

(C) by inserting after paragraph (6), the following new paragraph:

‘(7) study the efficacy of States contracting with public or private nonprofit agencies (including community-based and other organizations), or sectarian institutions for the recruitment of potential adoptive and foster families and to provide assistance in the placement of children for adoption;’; and

(3) in subsection (d)--

(A) in paragraph (2)--

(i) by striking ‘Each’ and inserting ‘(A) Each’;

(ii) by striking ‘for each fiscal year’ and inserting ‘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’; and

(iii) by adding at the end thereof the following new subparagraph:

‘(B) The Secretary shall provide, directly or by grant to or contract with public or private nonprofit agencies or organizations--

‘(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 children with special needs, and in the provision of pre- and post-placement services, including post-legal adoption services; and

‘(ii) other assistance to help State and local governments replicate successful adoption-related projects from other areas in the United States.’.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

Section 205 (42 U.S.C. 5115) is amended--

(1) in subsection (a), by striking ‘$10,000,000,’ and all that follows through ‘203(c)(1)’ and inserting ‘$20,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000 to carry out programs and activities authorized’;

(2) by striking subsection (b); and

(3) by redesignating subsection (c) as subsection (b).

TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

SEC. 501. REAUTHORIZATION.

Section 104(a)(1) of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended by striking ‘$20,000,000’ and all that follows through the end thereof and inserting ‘$35,000,000 for each of the fiscal years 1995 and 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000’.

TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

SEC. 601. MISSING CHILDREN’S ASSISTANCE ACT.

Section 408 of the Missing Children’s Assistance Act (42 U.S.C. 5777) is amended--

(1) by striking ‘To’ and inserting ‘(a) IN GENERAL- ’

(2) by striking ‘and 1996’ and inserting ‘1996, and 1997’; and

(3) by adding at the end thereof the following new subsection:

‘(b) EVALUATION- The Administrator shall use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evaluation of the effectiveness of the programs and activities established and operated under this title.’.

SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.

Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is amended--

(1) in subsection (a)(2), by striking ‘and 1996’ and inserting ‘1996, and 1997’; and

(2) in subsection (b)(2), by striking ‘and 1996’ and inserting ‘1996, through 2000’.

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S. 919 (104th): Child Abuse Prevention and Treatment Act Amendments of 1996

This bill has 5 versions. Select a version to view: Jun 13, 1995: Introduced Jul 20, 1995: Reported by Senate Committee Jul 18, 1996: Passed the Senate Sep 25, 1996: Passed the House with an Amendment Sep 27, 1996: Passed Congress

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June 13 (legislative day, JUNE 5), 1995

July 20 (legislative day, JULY 10), 1995

[Strike out all after the enacting clause and insert the part printed in italic]

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[Struck out->] ‘TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS [<-Struck out]

[Struck out->] ‘SEC. 201. PURPOSE AND AUTHORITY. [<-Struck out]

[Struck out->] ‘SEC. 202. ELIGIBILITY. [<-Struck out]

[Struck out->] ‘SEC. 203. AMOUNT OF GRANT. [<-Struck out]

[Struck out->] ‘SEC. 204. EXISTING AND CONTINUATION GRANTS. [<-Struck out]

[Struck out->] ‘SEC. 205. APPLICATION. [<-Struck out]

[Struck out->] ‘SEC. 206. LOCAL PROGRAM REQUIREMENTS. [<-Struck out]

[Struck out->] ‘SEC. 207. PERFORMANCE MEASURES. [<-Struck out]

[Struck out->] ‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS. [<-Struck out]

[Struck out->] ‘SEC. 209. DEFINITIONS. [<-Struck out]

[Struck out->] ‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

[Struck out->] SEC. 202. REPEALS. [<-Struck out]

[Struck out->] TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES [<-Struck out]

[Struck out->] SEC. 301. REFERENCE. [<-Struck out]

[Struck out->] SEC. 302. STATE DEMONSTRATION GRANTS. [<-Struck out]

[Struck out->] SEC. 303. ALLOTMENTS. [<-Struck out]

[Struck out->] SEC. 304. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

[Struck out->] TITLE IV--ADOPTION OPPORTUNITIES [<-Struck out]

[Struck out->] SEC. 401. REFERENCE. [<-Struck out]

[Struck out->] SEC. 402. FINDINGS AND PURPOSE. [<-Struck out]

[Struck out->] SEC. 403. INFORMATION AND SERVICES. [<-Struck out]

[Struck out->] SEC. 404. AUTHORIZATION OF APPROPRIATIONS. [<-Struck out]

[Struck out->] TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986 [<-Struck out]

[Struck out->] SEC. 501. REAUTHORIZATION. [<-Struck out]

[Struck out->] TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS [<-Struck out]

[Struck out->] SEC. 601. MISSING CHILDREN’S ASSISTANCE ACT. [<-Struck out]

[Struck out->] SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990. [<-Struck out]

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--GENERAL PROGRAM

TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

TITLE IV--ADOPTION OPPORTUNITIES

TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986

TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

TITLE I--GENERAL PROGRAM

SEC. 101. REFERENCE.

SEC. 102. FINDINGS.

SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.

‘SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.

SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

S. 919 (104^th): Child Abuse Prevention and Treatment Act Amendments of 1996

This bill has 5 versions. Select a version to view:

[Struck out->] `SECTION 1. SHORT TITLE; TABLE OF CONTENTS.` [<-Struck out]

[Struck out->] `TITLE I--GENERAL PROGRAM` [<-Struck out]

[Struck out->] `TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS` [<-Struck out]

[Struck out->] `TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES` [<-Struck out]

[Struck out->] `TITLE IV--ADOPTION OPPORTUNITIES` [<-Struck out]

[Struck out->] `TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986` [<-Struck out]

[Struck out->] `TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS` [<-Struck out]

[Struck out->]
`TITLE I--GENERAL PROGRAM`
[<-Struck out]

[Struck out->] `SEC. 101. REFERENCE.` [<-Struck out]

[Struck out->] `SEC. 102. FINDINGS.` [<-Struck out]

[Struck out->] `SEC. 103. OFFICE OF CHILD ABUSE AND NEGLECT.` [<-Struck out]

[Struck out->]
`‘SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.` [<-Struck out]

[Struck out->] `SEC. 104. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.` [<-Struck out]

[Struck out->]
`‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.` [<-Struck out]

[Struck out->] `SEC. 105. REPEAL OF INTERAGENCY TASK FORCE.` [<-Struck out]

[Struck out->] `SEC. 106. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE.` [<-Struck out]

[Struck out->] `SEC. 107. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.` [<-Struck out]

[Struck out->] `SEC. 108. GRANTS FOR DEMONSTRATION PROGRAMS.` [<-Struck out]

[Struck out->] `SEC. 109. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.` [<-Struck out]

[Struck out->]
`‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS.` [<-Struck out]

[Struck out->] `SEC. 110. REPEAL.` [<-Struck out]

[Struck out->] `SEC. 111. DEFINITIONS.` [<-Struck out]

[Struck out->] `SEC. 112. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

[Struck out->] `SEC. 113. RULE OF CONSTRUCTION.` [<-Struck out]

[Struck out->]
`‘SEC. 115. RULE OF CONSTRUCTION.` [<-Struck out]

[Struck out->]
`TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS`
[<-Struck out]

[Struck out->] `SEC. 201. ESTABLISHMENT OF PROGRAM.` [<-Struck out]

[Struck out->]

`‘TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS`

[<-Struck out]

[Struck out->]
`‘SEC. 201. PURPOSE AND AUTHORITY.` [<-Struck out]

[Struck out->]
`‘SEC. 202. ELIGIBILITY.` [<-Struck out]

[Struck out->]
`‘SEC. 203. AMOUNT OF GRANT.` [<-Struck out]

[Struck out->]
`‘SEC. 204. EXISTING AND CONTINUATION GRANTS.` [<-Struck out]

[Struck out->]
`‘SEC. 205. APPLICATION.` [<-Struck out]

[Struck out->]
`‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.` [<-Struck out]

[Struck out->]
`‘SEC. 207. PERFORMANCE MEASURES.` [<-Struck out]

[Struck out->]
`‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.` [<-Struck out]

[Struck out->]
`‘SEC. 209. DEFINITIONS.` [<-Struck out]

[Struck out->]
`‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

[Struck out->] `SEC. 202. REPEALS.` [<-Struck out]

[Struck out->]
`TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES`
[<-Struck out]

[Struck out->] `SEC. 301. REFERENCE.` [<-Struck out]

[Struck out->] `SEC. 302. STATE DEMONSTRATION GRANTS.` [<-Struck out]

[Struck out->] `SEC. 303. ALLOTMENTS.` [<-Struck out]

[Struck out->] `SEC. 304. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

[Struck out->]
`TITLE IV--ADOPTION OPPORTUNITIES`
[<-Struck out]

[Struck out->] `SEC. 401. REFERENCE.` [<-Struck out]

[Struck out->] `SEC. 402. FINDINGS AND PURPOSE.` [<-Struck out]

[Struck out->] `SEC. 403. INFORMATION AND SERVICES.` [<-Struck out]

[Struck out->] `SEC. 404. AUTHORIZATION OF APPROPRIATIONS.` [<-Struck out]

[Struck out->]
`TITLE V--ABANDONED INFANTS ASSISTANCE ACT OF 1986`
[<-Struck out]

[Struck out->] `SEC. 501. REAUTHORIZATION.` [<-Struck out]

[Struck out->]
`TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS`
[<-Struck out]

[Struck out->] `SEC. 601. MISSING CHILDREN’S ASSISTANCE ACT.` [<-Struck out]

[Struck out->] `SEC. 602. VICTIMS OF CHILD ABUSE ACT OF 1990.` [<-Struck out]