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S. 342 (108th): Keeping Children and Families Safe Act of 2003

The text of the bill below is as of Mar 4, 2003 (Reported by Senate Committee).

Source: GPO

S 342 RS

Calendar No. 24

108th CONGRESS

1st Session

S. 342

[Report No. 108-12]

To amend the Child Abuse Prevention and Treatment Act to make improvements to and reauthorize programs under that Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 11, 2003

Mr. GREGG (for himself, Mr. KENNEDY, Mr. DODD, Mr. ALEXANDER, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

March 4, 2003

Reported by Mr. GREGG, without amendment


A BILL

To amend the Child Abuse Prevention and Treatment Act to make improvements to and reauthorize programs under that Act, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Keeping Children and Families Safe Act of 2003’.

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

      Sec. 1. Short title; table of contents.

TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

      Sec. 101. Findings.

Subtitle A--General Program

      Sec. 111. National clearinghouse for information relating to child abuse.

      Sec. 112. Research and assistance activities and demonstrations.

      Sec. 113. Grants to States and public or private agencies and organizations.

      Sec. 114. Grants to States for child abuse and neglect prevention and treatment programs.

      Sec. 115. Miscellaneous requirements relating to assistance.

      Sec. 116. Authorization of appropriations.

      Sec. 117. Reports.

Subtitle B--Community-Based Grants for the Prevention of Child Abuse

      Sec. 121. Purpose and authority.

      Sec. 122. Eligibility.

      Sec. 123. Amount of grant.

      Sec. 124. Existing grants.

      Sec. 125. Application.

      Sec. 126. Local program requirements.

      Sec. 127. Performance measures.

      Sec. 128. National network for community-based family resource programs.

      Sec. 129. Definitions.

      Sec. 130. Authorization of appropriations.

Subtitle C--Conforming Amendments

      Sec. 141. Conforming amendments.

TITLE II--ADOPTION OPPORTUNITIES

      Sec. 201. Congressional findings and declaration of purpose.

      Sec. 202. Information and services.

      Sec. 203. Study of adoption placements.

      Sec. 204. Studies on successful adoptions.

      Sec. 205. Authorization of appropriations.

TITLE III--ABANDONED INFANTS ASSISTANCE

      Sec. 301. Findings.

      Sec. 302. Establishment of local projects.

      Sec. 303. Evaluations, study, and reports by Secretary.

      Sec. 304. Authorization of appropriations.

      Sec. 305. Definitions.

TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

      Sec. 401. State demonstration grants.

      Sec. 402. Secretarial responsibilities.

      Sec. 403. Evaluation.

      Sec. 404. Information and technical assistance centers.

      Sec. 405. Authorization of appropriations.

      Sec. 406. Grants for State domestic violence coalitions.

      Sec. 407. Evaluation and monitoring.

      Sec. 408. Family member abuse information and documentation project.

      Sec. 409. Model State leadership grants.

      Sec. 410. National domestic violence hotline grant.

      Sec. 411. Youth education and domestic violence.

      Sec. 412. National domestic violence shelter network.

      Sec. 413. Demonstration grants for community initiatives.

      Sec. 414. Transitional housing assistance.

      Sec. 415. Technical and conforming amendments.

TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

SEC. 101. FINDINGS.

    Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended--

      (1) in paragraph (1), by striking ‘close to 1,000,000’ and inserting ‘approximately 900,000’;

      (2) by redesignating paragraphs (2) through (11) as paragraphs (4) through (13), respectively;

      (3) by inserting after paragraph (1) the following:

      ‘(2)(A) more children suffer neglect than any other form of maltreatment; and

      ‘(B) investigations have determined that approximately 63 percent of children who were victims of maltreatment in 2000 suffered neglect, 19 percent suffered physical abuse, 10 percent suffered sexual abuse, and 8 percent suffered emotional maltreatment;

      ‘(3)(A) child abuse can result in the death of a child;

      ‘(B) in 2000, an estimated 1,200 children were counted by child protection services to have died as a result of abuse or neglect; and

      ‘(C) children younger than 1 year old comprised 44 percent of child abuse fatalities and 85 percent of child abuse fatalities were younger than 6 years of age;’;

      (4) by striking paragraph (4) (as so redesignated), and inserting the following:

      ‘(4)(A) many of these children and their families fail to receive adequate protection and treatment;

      ‘(B) slightly less than half of these children (45 percent in 2000) and their families fail to receive adequate protection or treatment; and

      ‘(C) in fact, approximately 80 percent of all children removed from their homes and placed in foster care in 2000, as a result of an investigation or assessment conducted by the child protective services agency, received no services;’;

      (5) in paragraph (5) (as so redesignated)--

        (A) in subparagraph (A), by striking ‘organizations’ and inserting ‘community-based organizations’;

        (B) in subparagraph (D), by striking ‘ensures’ and all that follows through ‘knowledge,’ and inserting ‘recognizes the need for properly trained staff with the qualifications needed’; and

        (C) in subparagraph (E), by inserting before the semicolon the following: ‘, which may impact child rearing patterns, while at the same time, not allowing those differences to enable abuse’;

      (6) in paragraph (7) (as so redesignated), by striking ‘this national child and family emergency’ and inserting ‘child abuse and neglect’; and

      (7) in paragraph (9) (as so redesignated)--

        (A) by striking ‘intensive’ and inserting ‘needed’; and

        (B) by striking ‘if removal has taken place’ and inserting ‘where appropriate’.

Subtitle A--General Program

SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE.

    (a) FUNCTIONS- Section 103(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--

      (1) in paragraph (1), by striking ‘all programs,’ and all that follows through ‘neglect; and’ and inserting ‘all effective programs, including private and community-based programs, that show

promise of success with respect to the prevention, assessment, identification, and treatment of child abuse and neglect and hold the potential for broad scale implementation and replication;’;

      (2) in paragraph (2), by striking the period and inserting a semicolon;

      (3) by redesignating paragraph (2) as paragraph (3);

      (4) by inserting after paragraph (1) the following:

      ‘(2) maintain information about the best practices used for achieving improvements in child protective systems;’; and

      (5) by adding at the end the following:

      ‘(4) provide technical assistance upon request that 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 this Act; and

      ‘(5) collect 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.’.

    (b) COORDINATION WITH AVAILABLE RESOURCES- Section 103(c)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)) is amended--

      (1) in subparagraph (E), by striking ‘105(a); and’ and inserting ‘104(a);’;

      (2) by redesignating subparagraph (F) as subparagraph (G); and

      (3) by inserting after subparagraph (E) the following:

        ‘(F) collect and disseminate information that describes best practices being used throughout the Nation for making appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of abused and neglected children; and’.

SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.

    (a) RESEARCH- Section 104(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(a)) is amended--

      (1) in paragraph (1)--

        (A) in the matter preceding subparagraph (A), in the first sentence, by inserting ‘, including longitudinal research,’ after ‘interdisciplinary program of research’; and

        (B) in subparagraph (B), by inserting before the semicolon the following: ‘, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed’;

        (C) in subparagraph (C)--

          (i) by striking ‘judicial procedures’ and inserting ‘judicial systems, including multidisciplinary, coordinated decisionmaking procedures’; and

          (ii) by striking ‘and’ at the end; and

        (D) in subparagraph (D)--

          (i) in clause (viii), by striking ‘and’ at the end;

          (ii) by redesignating clause (ix) as clause (x); and

          (iii) by inserting after clause (viii), the following:

          ‘(ix) the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year; and’;

        (E) by redesignating subparagraph (D) as subparagraph (I); and

        (F) by inserting after subparagraph (C), the following:

        ‘(D) the evaluation and dissemination of best practices consistent with the goals of achieving improvements in the child protective services systems of the States in accordance with paragraphs (1) through (12) of section 106(a);

        ‘(E) effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems;

        ‘(F) an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources;

        ‘(G) the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low income children who need

health services, including mental health services;

        ‘(H) the information on the national incidence of child abuse and neglect specified in clauses (i) through (xi) of subparagraph (H); and’;

      (2) in paragraph (2), by striking subparagraph (B) and inserting the following:

        ‘(B) Not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, and every 2 years thereafter, the Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph (A) and maintain an official record of such public comment.’;

      (3) by redesignating paragraph (2) as paragraph (4);

      (4) by inserting after paragraph (1) the following:

      ‘(2) RESEARCH- The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in subparagraphs (i) through (ix) of paragraph (1)(I).

      ‘(3) REPORT- Not later than 4 years after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2).’.

    (b) PROVISION OF TECHNICAL ASSISTANCE- Section 104(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended--

      (1) in paragraph (1)--

        (A) by striking ‘nonprofit private agencies and’ and inserting ‘private agencies and community-based’; and

        (B) by inserting ‘, including replicating successful program models,’ after ‘programs and activities’; and

      (2) in paragraph (2)--

        (A) in subparagraph (B), by striking ‘and’ at the end;

        (B) in subparagraph (C), by striking the period and inserting ‘; and’; and

        (C) by adding at the end the following:

        ‘(D) effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages.’.

    (c) DEMONSTRATION PROGRAMS AND PROJECTS- Section 104 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by adding at the end the following:

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

      ‘(1) PROMOTION OF SAFE, FAMILY-FRIENDLY PHYSICAL ENVIRONMENTS FOR VISITATION AND EXCHANGE- The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family-friendly physical environments--

        ‘(A) for court-ordered, supervised visitation between children and abusing parents; and

        ‘(B) to safely facilitate the exchange of children for visits with noncustodial parents in cases of domestic violence.

      ‘(2) EDUCATION IDENTIFICATION, PREVENTION, AND TREATMENT- The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with preschool and elementary and secondary schools.

      ‘(3) RISK AND SAFETY ASSESSMENT TOOLS- The Secretary may award grants under this subsection to entities for projects that provide for the development of effective and research-based risk and safety assessment tools relating to child abuse and neglect.

      ‘(4) TRAINING- The Secretary may award grants under this subsection to entities for projects that involve effective and research-based innovative training for mandated child abuse and neglect reporters.

      ‘(5) COMPREHENSIVE ADOLESCENT VICTIM/VICTIMIZER PREVENTION PROGRAMS- The Secretary may award grants to organizations that demonstrate innovation in preventing child sexual abuse through school-based programs in partnership with parents and community-based organizations to establish a network of trainers who will work with schools to implement the program. The program shall be comprehensive, meet State guidelines for health education, and should reduce child sexual abuse by focusing on prevention for both adolescent victims and victimizers.’.

SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS.

    (a) DEMONSTRATION PROGRAMS AND PROJECTS- Section 105(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended--

      (1) in the subsection heading, by striking ‘DEMONSTRATION’ and inserting ‘GRANTS FOR’;

      (2) in the matter preceding paragraph (1)--

        (A) by inserting ‘States,’ after ‘contracts with,’;

        (B) by striking ‘nonprofit’; and

        (C) by striking ‘time limited, demonstration’;

      (3) in paragraph (1)--

        (A) in the matter preceding subparagraph (A), by striking ‘nonprofit’;

        (B) in subparagraph (A), by striking ‘law, education, social work, and other relevant

fields’ and inserting ‘law enforcement, judiciary, social work and child protection, education, and other relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem,’;

        (C) in subparagraph (B), by striking ‘nonprofit’ and all that follows through ‘; and’ and inserting ‘children, youth and family service organizations in order to prevent child abuse and neglect;’;

        (D) in subparagraph (C), by striking the period and inserting a semicolon; and

        (E) by adding at the end the following:

        ‘(D) for training to support the enhancement of linkages between child protective service agencies and health care agencies, including physical and mental health services, to improve forensic diagnosis and health evaluations and for innovative partnerships between child protective service agencies and health care agencies that offer creative approaches to using existing Federal, State, local, and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of child abuse or neglect;

        ‘(E) for the training of personnel in best practices to promote collaboration with the families from the initial time of contact during the investigation through treatment;

        ‘(F) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;

        ‘(G) for improving the training of supervisory and nonsupervisory child welfare workers;

        ‘(H) for enabling State child welfare agencies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, and other public and private welfare agencies to promote child safety, permanence, and family stability;

        ‘(I) for cross training for child protective service workers in effective and research-based methods for recognizing situations of substance abuse, domestic violence, and neglect; and

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

          ‘(i) professionals 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.’;

      (4) by redesignating paragraph (2) and (3) as paragraphs (3) and (4), respectively;

      (5) by inserting after paragraph (1), the following:

      ‘(2) TRIAGE PROCEDURES- The Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that--

        ‘(A) 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;

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

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

      (6) in paragraph (3) (as so redesignated), by striking ‘nonprofit organizations (such as Parents Anonymous)’ and inserting ‘organizations’;

      (7) in paragraph (4) (as so redesignated)--

        (A) by striking the paragraph heading;

        (B) by striking subparagraphs (A) and (C); and

        (C) in subparagraph (B)--

          (i) by striking ‘(B) KINSHIPCARE- ’ and inserting the following:

      ‘(4) KINSHIP CARE-

        ‘(A) IN GENERAL- ’; and

          (ii) by striking ‘nonprofit’; and

      (8) by adding at the end the following:

      ‘(5) LINKAGES BETWEEN CHILD PROTECTIVE SERVICE AGENCIES AND PUBLIC HEALTH, MENTAL HEALTH, AND DEVELOPMENTAL DISABILITIES AGENCIES- The Secretary may award grants to entities that provide linkages between State or local child protective service agencies and public health, mental health, and developmental disabilities agencies, for the purpose of establishing linkages that are designed to help assure that a greater number of substantiated victims of child maltreatment have their physical health, mental health, and developmental needs appropriately diagnosed and treated, in accordance with all applicable Federal and State privacy laws.’.

    (b) DISCRETIONARY GRANTS- Section 105(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended--

      (1) in the matter preceding paragraph (1), by striking ‘subsection (b)’ and inserting ‘subsection (a)’;

      (2) by striking paragraph (1);

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

      (4) by inserting after paragraph (2) (as so redesignated), the following:

      ‘(3) Programs based within children’s hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom a report of maltreatment has been substantiated.’; and

      (5) in paragraph (4)(D), by striking ‘nonprofit’.

    (c) EVALUATION- Section 105(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(c)) is amended--

      (1) in the first sentence, by striking ‘demonstration’;

      (2) in the second sentence, by inserting ‘or contract’ after ‘or as a separate grant’; and

      (3) by adding at the end the following: ‘In the case of an evaluation performed by the recipient of

a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use of a rigorous application of scientific evaluation techniques.’.

    (d) TECHNICAL AMENDMENT TO HEADING- The section heading for section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106) is amended to read as follows:

‘SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS.’.

SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS.

    (a) DEVELOPMENT AND OPERATION GRANTS- Section 106(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended--

      (1) in paragraph (3)--

        (A) by inserting ‘, including ongoing case monitoring,’ after ‘case management’; and

        (B) by inserting ‘and treatment’ after ‘and delivery of services’;

      (2) in paragraph (4), by striking ‘improving’ and all that follows through ‘referral systems’ and inserting ‘developing, improving, and implementing risk and safety assessment tools and protocols’;

      (3) by striking paragraph (7);

      (4) by redesignating paragraphs (5), (6), (8), and (9) as paragraphs (6), (8), (9), and (12), respectively;

      (5) by inserting after paragraph (4), the following:

      ‘(5) developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange;’;

      (6) in paragraph (6) (as so redesignated), by striking ‘opportunities’ and all that follows through ‘system’ and inserting ‘including--

        ‘(A) training regarding effective and research-based practices to promote collaboration with the families;

        ‘(B) training regarding the legal duties of such individuals; and

        ‘(C) personal safety training for case workers;’;

      (7) by inserting after paragraph (6) (as so redesignated) the following:

      ‘(7) improving the skills, qualifications, and availability of individuals providing services to children and families, and the supervisors of such individuals, through the child protection system, including improvements in the recruitment and retention of caseworkers;’;

      (8) by striking paragraph (9) (as so redesignated), and inserting the following:

      ‘(9) developing and facilitating effective and research-based training protocols for individuals mandated to report child abuse or neglect;

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

        ‘(A) existing social and health services;

        ‘(B) financial assistance; and

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

      ‘(11) developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature and basis for reporting suspected incidents of child abuse and neglect;’;

      (9) in paragraph (12) (as so redesignated), by striking the period and inserting a semicolon; and

      (10) by adding at the end the following:

      ‘(13) supporting and enhancing interagency collaboration between the child protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; or

      ‘(14) supporting and enhancing collaboration among public health agencies, the child protection system, and private community-based programs to provide child abuse and neglect prevention and treatment services (including linkages with education systems) and to address the health needs, including mental health needs, of children identified as abused or neglected, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports.’.

    (b) ELIGIBILITY REQUIREMENTS-

      (1) IN GENERAL- Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended--

        (A) in paragraph (1)(B)--

          (i) by striking ‘provide notice to the Secretary of any substantive changes’ and inserting the following: ‘provide notice to the Secretary--

          ‘(i) of any substantive changes; and’;

          (ii) by striking the period and inserting ‘; and’; and

          (iii) by adding at the end the following:

          ‘(ii) any significant changes to how funds provided under this section are used to support the activities which may differ from the activities as described in the current State application.’;

        (B) in paragraph (2)(A)--

          (i) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses (iv), (vi), (vii), (viii), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi) and (xvii), respectively;

          (ii) by inserting after clause (i), the following:

          ‘(ii) policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure;

          ‘(iii) the development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms;’;

          (iii) in clause (iv) (as so redesignated), by inserting ‘risk and’ before ‘safety’;

          (iv) by inserting after clause (iv) (as so redesignated), the following:

          ‘(v) triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service;’;

          (v) in clause (viii)(II) (as so redesignated), by striking ‘, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect’ and inserting ‘, as described in clause (ix)’;

          (vi) by inserting after clause (viii) (as so redesignated), the following:

          ‘(ix) provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect;’;

          (vii) in clause (xiii) (as so redesignated)--

            (I) by inserting ‘who has received training appropriate to the role, and’ after ‘guardian ad litem,’; and

            (II) by inserting ‘who has received training appropriate to that role’ after ‘advocate’;

          (viii) in clause (xv) (as so redesignated), by striking ‘to be effective not later than 2 years after the date of enactment of this section’;

          (ix) in clause (xvi) (as so redesignated)--

            (I) by striking ‘to be effective not later than 2 years after the date of enactment of this section’; and

            (II) by striking ‘and’ at the end;

          (x) in clause (xvii) (as so redesignated), by striking ‘clause (xii)’ each place that such appears and inserting ‘clause (xvi)’; and

          (xi) by adding at the end the following:

          ‘(xviii) provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the informant;

          ‘(xix) provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment;

          ‘(xx) provisions and procedures for improving the training, retention, and supervision of caseworkers; and

          ‘(xxi) not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, provisions and procedures for requiring criminal background record checks for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household;’; and

        (C) in paragraph (2), by adding at the end the following flush sentence:

      ‘Nothing in subparagraph (A) shall be construed to limit the State’s flexibility to determine State policies relating to public access to court proceedings to determine child abuse and neglect.’.

      (2) LIMITATION- Section 106(b)(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is amended by striking ‘With regard to clauses (v) and (vi) of paragraph (2)(A)’ and inserting ‘With regard to clauses (vi) and (vii) of paragraph (2)(A)’.

    (c) CITIZEN REVIEW PANELS- Section 106(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--

      (1) in paragraph (4)--

        (A) in subparagraph (A)--

          (i) in the matter preceding clause (i)--

            (I) by striking ‘and procedures’ and inserting ‘, procedures, and practices’; and

            (II) by striking ‘the agencies’ and inserting ‘State and local child protection system agencies’; and

          (ii) in clause (iii)(I), by striking ‘State’ and inserting ‘State and local’; and

        (B) by adding at the end the following:

        ‘(C) PUBLIC OUTREACH- Each panel shall provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community and in order to meet its obligations under subparagraph (A).’; and

      (2) in paragraph (6)--

        (A) by striking ‘public’ and inserting ‘State and the public’; and

        (B) by inserting before the period the following: ‘and recommendations to improve the child protection services system at the State and local levels. Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency shall submit a written response to the citizen review panel that describes whether or how the State will incorporate the recommendations of such panel (where appropriate) to make measurable progress in improving the State and local child protective system’.

    (d) ANNUAL STATE DATA REPORTS- Section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end the following:

      ‘(13) The annual report containing the summary of the activities of the citizen review panels of the State required by subsection (c)(6).

      ‘(14) The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system.’.

    (e) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to Congress a report that describes the extent to which States are implementing the policies and procedures required under section 106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act.

SEC. 115. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.

    Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following:

    ‘(d) GAO STUDY- Not later than February 1, 2004, the Comptroller General of the United States shall conduct a survey of a wide range of State and local child protection service systems to evaluate and submit to Congress a report concerning--

      ‘(1) the current training (including cross-training in domestic violence or substance abuse) of child protective service workers in the outcomes for children and to analyze and evaluate the effects of caseloads, compensation, and supervision on staff retention and performance;

      ‘(2) the efficiencies and effectiveness of agencies that provide cross-training with court personnel; and

      ‘(3) recommendations to strengthen child protective service effectiveness to improve outcomes for children.

    ‘(e) SENSE OF CONGRESS- It is the sense of Congress that the Secretary should encourage all States and public and private agencies or organizations that receive assistance under this title to ensure that children and families with limited English proficiency who participate in programs under this title are provided materials and services under such programs in an appropriate language other than English.

    ‘(f) ANNUAL REPORT ON CERTAIN PROGRAMS- A State that receives funds under section 106(a) shall annually prepare and submit to the Secretary a report describing the manner in which funds provided under this Act, alone or in combination with other Federal funds, were used to address the purposes and achieve the objectives of section 105(a)(4)(B).’.

SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

    (a) GENERAL AUTHORIZATION- Section 112(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read as follows:

      ‘(1) GENERAL AUTHORIZATION- There are authorized to be appropriated to carry out this title $120,000,000 for fiscal year 2004 and such sums as may be necessary for each of the fiscal years 2005 through 2008.’.

    (b) DEMONSTRATION PROJECTS- Section 112(a)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) is amended--

      (1) by striking ‘Secretary make’ and inserting ‘Secretary shall make’; and

      (2) by striking ‘section 106’ and inserting ‘section 104’.

SEC. 117. REPORTS.

    Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following:

    ‘(c) STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS-

      ‘(1) STUDY- The Secretary shall conduct a study by random sample of the effectiveness of the citizen review panels established under section 106(c).

      ‘(2) REPORT- Not later than 3 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains the results of the study conducted under paragraph (1).’.

Subtitle B--Community-Based Grants for the Prevention of Child Abuse

SEC. 121. PURPOSE AND AUTHORITY.

    (a) PURPOSE- Section 201(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116(a)(1)) is amended to read as follows:

      ‘(1) to support community-based efforts to develop, operate, expand, enhance, and, where appropriate to network, initiatives aimed at the prevention of child abuse and neglect, and to support networks of coordinated resources and activities to better strengthen and support families to reduce the likelihood of child abuse and neglect; and’.

    (b) AUTHORITY- Section 201(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116(b)) is amended--

      (1) in paragraph (1)--

        (A) in the matter preceding subparagraph (A) by striking ‘Statewide’ and all that follows through the dash, and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate) that are accessible, effective, culturally appropriate, and build upon existing strengths-that--’;

        (B) in subparagraph (F), by striking ‘and’ at the end; and

        (C) by striking subparagraph (G) and inserting the following:

        ‘(G) demonstrate a commitment to meaningful parent leadership, including among parents of children with disabilities, parents with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and

        ‘(H) provide referrals to early health and developmental services;’; and

      (2) in paragraph (4)--

        (A) by inserting ‘through leveraging of funds’ after ‘maximizing funding’;

        (B) by striking ‘a Statewide network of community-based, prevention-focused’ and inserting ‘community-based and prevention-focused’; and

        (C) by striking ‘family resource and support program’ and inserting ‘programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’.

    (c) TECHNICAL AMENDMENT TO TITLE HEADING- Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended by striking the heading for such title and inserting the following:

‘TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT’.

SEC. 122. ELIGIBILITY.

    Section 202 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116a) is amended--

      (1) in paragraph (1)--

        (A) in subparagraph (A)--

          (i) by striking ‘a Statewide network of community-based, prevention-focused’ and inserting ‘community-based and prevention-focused’; and

          (ii) by striking ‘family resource and support programs’ and all that follows through the semicolon and inserting ‘programs and activities designed to strengthen and support families to prevent child

abuse and neglect (through networks where appropriate);’

        (B) in subparagraph (B), by inserting ‘that exists to strengthen and support families to prevent child abuse and neglect’ after ‘written authority of the State)’;

      (2) in paragraph (2)--

        (A) in subparagraph (A), by striking ‘a network of community-based family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’;

        (B) in subparagraph (B)--

          (i) by striking ‘to the network’; and

          (ii) by inserting ‘, and parents with disabilities’ before the semicolon;

        (C) in subparagraph (C), by striking ‘to the network’; and

      (3) in paragraph (3)--

        (A) in subparagraph (A), by striking ‘Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’;

        (B) in subparagraph (B), by striking ‘Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’;

        (C) in subparagraph (C), by striking ‘and training and technical assistance, to the Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘training, technical assistance, and evaluation assistance, to community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’; and

        (D) in subparagraph (D), by inserting ‘, parents with disabilities,’ after ‘children with disabilities’.

SEC. 123. AMOUNT OF GRANT.

    Section 203 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116b) is amended--

      (1) in subsection (b)(1)(B)--

        (A) by striking ‘as the amount leveraged by the State from private, State, or other non-Federal sources and directed through the’ and inserting ‘as the amount of private, State or other non-Federal funds leveraged and directed through the currently designated’;

        (B) by striking ‘State lead agency’ and inserting ‘State lead entity’; and

        (C) by striking ‘the lead agency’ and inserting ‘the current lead entity’; and

      (2) in subsection (c)(2), by striking ‘subsection (a)’ and inserting ‘subsection (b)’.

SEC. 124. EXISTING GRANTS.

    Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5115c) is repealed.

SEC. 125. APPLICATION.

    Section 205 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended--

      (1) in paragraph (1), by striking ‘Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’;

      (2) in paragraph (2)--

        (A) by striking ‘network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect (through networks where appropriate)’; and

        (B) by striking ‘, including those funded by programs consolidated under this Act,’;

      (3) by striking paragraph (3), and inserting the following:

      ‘(3) a description of the inventory of current unmet needs and current community-based and prevention-focused programs and activities to prevent child abuse and neglect, and other family resource services operating in the State;’;

      (4) in paragraph (4), by striking ‘State’s network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (5) in paragraph (5), by striking ‘Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘start up, maintenance, expansion, and redesign of community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (6) in paragraph (7), by striking ‘individual community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (7) in paragraph (8), by striking ‘community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (8) in paragraph (9), by striking ‘community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (9) in paragraph (10), by inserting ‘(where appropriate)’ after ‘members’;

      (10) in paragraph (11), by striking ‘prevention-focused, family resource and support program’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’; and

      (11) by redesignating paragraph (13) as paragraph (12).

SEC. 126. LOCAL PROGRAM REQUIREMENTS.

    Section 206(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116e(a)) is amended--

      (1) in the matter preceding paragraph (1), by striking ‘prevention-focused, family resource and support programs’ and inserting ‘and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (2) in paragraph (3)(B), by inserting ‘voluntary home visiting and’ after ‘including’; and

      (3) by striking paragraph (6) and inserting the following:

      ‘(6) participate with other community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect in the development, operation and expansion of networks where appropriate.’.

SEC. 127. PERFORMANCE MEASURES.

    Section 207 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116f) is amended--

      (1) in paragraph (1), by striking ‘a Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (2) by striking paragraph (3), and inserting the following:

      ‘(3) shall demonstrate that they will have addressed unmet needs identified by the inventory and description of current services required under section 205(3);’;

      (3) in paragraph (4),

        (A) by inserting ‘and parents with disabilities,’ after ‘children with disabilities,’; and

        (B) by striking ‘evaluation of’ the first place it appears and all that follows through ‘under this title’ and inserting ‘evaluation of community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, and in the design, operation and evaluation of the networks of such community-based and prevention-focused programs’;

      (4) in paragraph (5), by striking ‘, prevention-focused, family resource and support programs’ and inserting ‘and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’;

      (5) in paragraph (6), by striking ‘Statewide network of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’; and

      (6) in paragraph (8), by striking ‘community based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’.

SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE PROGRAMS.

    Section 208(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116g(3)) is amended by striking ‘Statewide networks of community-based, prevention-focused, family resource and support programs’ and inserting ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’.

SEC. 129. DEFINITIONS.

    (a) CHILDREN WITH DISABILITIES- Section 209(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by striking ‘given such term in section 602(a)(2)’ and inserting ‘given the term ‘child with a disability’ in section 602(3) or ‘infant or toddler with a disability’ in section 632(5)’.

    (b) COMMUNITY-BASED AND PREVENTION-FOCUSED PROGRAMS AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT- Section 209 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h) is amended by striking paragraphs (3) and (4) and inserting the following:

      ‘(3) COMMUNITY-BASED AND PREVENTION-FOCUSED PROGRAMS AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT- The term ‘community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect’ includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and other community programs or networks of such programs that provide activities that are designed to prevent or respond to child abuse and neglect.’.

SEC. 130. AUTHORIZATION OF APPROPRIATIONS.

    Section 210 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116i) is amended to read as follows:

‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    ‘There are authorized to be appropriated to carry out this title $80,000,000 for fiscal year 2004 and such sums as may be necessary for each of the fiscal years 2005 through 2008.’.

Subtitle C--Conforming Amendments

SEC. 141. CONFORMING AMENDMENTS.

    The table of contents of the Child Abuse Prevention and Treatment Act, as contained in section 1(b) of such Act (42 U.S.C. 5101 note), is amended as follows:

      (1) By striking the item relating to section 105 and inserting the following:

      ‘Sec. 105. Grants to States and public or private agencies and organizations.’.

      (2) By striking the item relating to title II and inserting the following:

‘TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT’.

      (3) By striking the item relating to section 204.

TITLE II--ADOPTION OPPORTUNITIES

SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    Section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--

      (1) in subsection (a)--

        (A) by striking paragraphs (1) through (4) and inserting the following:

      ‘(1) the number of children in substitute care has increased by nearly 24 percent since 1994, as our Nation’s foster care population included more than 565,000 as of September of 2001;

      ‘(2) children entering foster care have complex problems that require intensive services, with many such children having special needs because they are born to mothers who did not receive prenatal care, are born with life threatening conditions or disabilities, are born addicted to alcohol or other drugs, or have been exposed to infection with the etiologic agent for the human immunodeficiency virus;

      ‘(3) each year, thousands of children are in need of placement in permanent, adoptive homes;’;

        (B) by striking paragraph (6);

        (C) by striking paragraph (7)(A) and inserting the following:

      ‘(7)(A) currently, there are 131,000 children waiting for adoption;’; and

        (D) by redesignating paragraphs (5), (7), (8), (9), and (10) as paragraphs (4), (5), (6), (7), and (8) respectively; and

      (2) in subsection (b)--

        (A) in the matter preceding paragraph (1), by inserting ‘, including geographic barriers,’ after ‘barriers’; and

        (B) in paragraph (2), by striking ‘a national’ and inserting ‘an Internet-based national’.

SEC. 202. INFORMATION AND SERVICES.

    Section 203 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--

      (1) by striking the section heading and inserting the following:

‘SEC. 203. INFORMATION AND SERVICES.’;

      (2) by striking ‘SEC. 203. (a) The Secretary’ and inserting the following:

    ‘(a) IN GENERAL- The Secretary’;

      (3) in subsection (b)--

        (A) by inserting ‘REQUIRED ACTIVITIES- ’ after ‘(b)’;

        (B) in paragraph (1), by striking ‘nonprofit’ each place that such appears;

        (C) in paragraph (2), by striking ‘nonprofit’;

        (D) in paragraph (3), by striking ‘nonprofit’;

        (E) in paragraph (4), by striking ‘nonprofit’;

        (F) in paragraph (6), by striking ‘study the nature, scope, and effects of’ and insert ‘support’;

        (G) in paragraph (7), by striking ‘nonprofit’;

        (H) in paragraph (9)--

          (i) by striking ‘nonprofit’; and

          (ii) by striking ‘and’ at the end;

        (I) in paragraph (10)--

          (i) by striking ‘nonprofit’; each place that such appears; and

          (ii) by striking the period at the end and inserting ‘; and’; and

        (J) by adding at the end the following:

      ‘(11) provide (directly or by grant to or contract with States, local government entities, or public or private licensed child welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster care and with the goal of adoption) placed in adoptive families, with a special emphasis on child-specific recruitment strategies, including--

        ‘(A) outreach, public education, or media campaigns to inform the public of the needs and numbers of older youth available for adoption;

        ‘(B) training of personnel in the special needs of older youth and the successful strategies of child-focused, child-specific recruitment efforts; and

        ‘(C) recruitment of prospective families for such children.’;

      (4) in subsection (c)--

        (A) by striking ‘(c)(1) The Secretary’ and inserting the following:

    ‘(c) SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN-

      ‘(1) IN GENERAL- The Secretary’;

        (B) by striking ‘(2) Services’ and inserting the following:

      ‘(2) SERVICES- Services’; and

        (C) in paragraph (2)--

          (i) by realigning the margins of subparagraphs (A) through (G) accordingly;

          (ii) in subparagraph (F), by striking ‘and’ at the end;

          (iii) in subparagraph (G), by striking the period and inserting a semicolon; and

          (iv) by adding at the end the following:

        ‘(H) day treatment; and

        ‘(I) respite care.’; and

        (D) by striking ‘nonprofit’; each place that such appears;

      (5) in subsection (d)--

        (A) by striking ‘(d)(1) The Secretary’ and inserting the following:

    ‘(d) IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER CARE-

      ‘(1) IN GENERAL- The Secretary’;

        (B) by striking ‘(2)(A) Each State’ and inserting the following:

      ‘(2) APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE-

        ‘(A) APPLICATIONS- Each State’;

        (C) by striking ‘(B) The Secretary’ and inserting the following:

        ‘(B) TECHNICAL AND OTHER ASSISTANCE- The Secretary’;

        (D) in paragraph (2)(B)--

          (i) by realigning the margins of clauses (i) and (ii) accordingly; and

          (ii) by striking ‘nonprofit’;

        (E) by striking ‘(3)(A) Payments’ and inserting the following:

      ‘(3) PAYMENTS-

        ‘(A) IN GENERAL- Payments’; and

        (F) by striking ‘(B) Any payment’ and inserting the following:

        ‘(B) REVERSION OF UNUSED FUNDS- Any payment’; and

      (6) by adding at the end the following:

    ‘(e) ELIMINATION OF BARRIERS TO ADOPTIONS ACROSS JURISDICTIONAL BOUNDARIES-

      ‘(1) IN GENERAL- The Secretary shall award grants to, or enter into contracts with, States, local government entities, public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to carry out initiatives to improve efforts to eliminate barriers to placing children for adoption across jurisdictional boundaries.

      ‘(2) SERVICES TO SUPPLEMENT NOT SUPPLANT- Services provided under grants made under this subsection shall supplement, not supplant, services

provided using any other funds made available for the same general purposes including--

        ‘(A) developing a uniform homestudy standard and protocol for acceptance of homestudies between States and jurisdictions;

        ‘(B) developing models of financing cross-jurisdictional placements;

        ‘(C) expanding the capacity of all adoption exchanges to serve increasing numbers of children;

        ‘(D) developing training materials and training social workers on preparing and moving children across State lines; and

        ‘(E) developing and supporting initiative models for networking among agencies, adoption exchanges, and parent support groups across jurisdictional boundaries.’.

SEC. 203. STUDY OF ADOPTION PLACEMENTS.

    Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--

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

      (2) by striking ‘of this Act’ and inserting ‘of the Keeping Children and Families Safe Act of 2003’;

      (3) by striking ‘to determine the nature’ and inserting ‘to determine--

    ‘(1) the nature’;

      (4) by striking ‘which are not licensed’ and all that follows through ‘entity’;’; and

      (5) by adding at the end the following:

      ‘(2) how interstate placements are being financed across State lines;

      ‘(3) recommendations on best practice models for both interstate and intrastate adoptions; and

      ‘(4) how State policies in defining special needs children differentiate or group similar categories of children.’.

SEC. 204. STUDIES ON SUCCESSFUL ADOPTIONS.

    Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended by adding at the end the following:

    ‘(b) DYNAMICS OF SUCCESSFUL ADOPTION- The Secretary shall conduct research (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the results of such research to the appropriate committees of the Congress not later than the date that is 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003.

    ‘(c) INTERJURISDICTIONAL ADOPTION- Not later than 1 year after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary, in consultation with the Comptroller General, shall submit to the appropriate committees of the Congress a report that contains recommendations for an action plan to facilitate the interjurisdictional adoption of foster children.’.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    Section 205(a) of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as follows:

    ‘There are authorized to be appropriated $40,000,000 for fiscal year 2004 and such sums as may be necessary for fiscal years 2005 through 2008 to carry out programs and activities authorized under this subtitle.’.

TITLE III--ABANDONED INFANTS ASSISTANCE

SEC. 301. FINDINGS.

    Section 2 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended--

      (1) by striking paragraph (1);

      (2) in paragraph (2)--

        (A) by inserting ‘studies indicate that a number of factors contribute to’ before ‘the inability of’;

        (B) by inserting ‘some’ after ‘inability of’;

        (C) by striking ‘who abuse drugs’; and

        (D) by striking ‘care for such infants’ and inserting ‘care for their infants’;

      (3) by amending paragraph (5) to read as follows:

      ‘(5) appropriate training is needed for personnel working with infants and young children with life-threatening conditions and other special needs, including those who are infected with the human immunodeficiency virus (commonly known as ‘HIV’), those who have acquired immune deficiency syndrome (commonly known as ‘AIDS’), and those who have been exposed to dangerous drugs;’;

      (4) by striking paragraphs (6) and (7);

      (5) in paragraph (8)--

        (A) by striking ‘such infants and young children’ and inserting ‘infants and young children who are abandoned in hospitals’; and

        (B) by inserting ‘by parents abusing drugs,’ after ‘deficiency syndrome,’;

      (6) in paragraph (9), by striking ‘comprehensive services’ and all that follows through the semicolon at the end and inserting ‘comprehensive support services for such infants and young children and their families and services to prevent the abandonment of such infants and young children, including foster care services, case management services, family support services, respite and crisis intervention services, counseling services, and group residential home services;’;

      (7) by striking paragraph (11);

      (8) by redesignating paragraphs (2), (3), (4), (5), (8), (9), and (10) as paragraphs (1) through (7), respectively; and

      (9) by adding at the end the following:

      ‘(8) private, Federal, State, and local resources should be coordinated to establish and maintain services described in paragraph (7) and to ensure the optimal use of all such resources.’.

SEC. 302. ESTABLISHMENT OF LOCAL PROJECTS.

    Section 101 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended--

      (1) by striking the section heading and inserting the following:

‘SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS.’;

      and

      (2) by striking subsection (b) and inserting the following:

    ‘(b) PRIORITY IN PROVISION OF SERVICES- The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to give priority to abandoned infants and young children who--

      ‘(1) are infected with, or have been perinatally exposed to, the human immunodeficiency virus, or have a life-threatening illness or other special medical need; or

      ‘(2) have been perinatally exposed to a dangerous drug.’.

SEC. 303. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

    Section 102 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended to read as follows:

‘SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.

    ‘(a) EVALUATIONS OF LOCAL PROGRAMS- The Secretary shall, directly or through contracts with public and nonprofit private entities, provide for evaluations of projects carried out under section 101 and for the dissemination of information developed as a result of such projects.

    ‘(b) STUDY AND REPORT ON NUMBER OF ABANDONED INFANTS AND YOUNG CHILDREN-

      ‘(1) IN GENERAL- The Secretary shall conduct a study for the purpose of determining--

        ‘(A) an estimate of the annual number of infants and young children relinquished, abandoned, or found deceased in the United States and the number of such infants and young children who are infants and young children described in section 101(b);

        ‘(B) an estimate of the annual number of infants and young children who are victims of homicide;

        ‘(C) characteristics and demographics of parents who have abandoned an infant within 1 year of the infant’s birth; and

        ‘(D) an estimate of the annual costs incurred by the Federal Government and by State and local governments in providing housing and care for abandoned infants and young children.

      ‘(2) DEADLINE- Not later than 36 months after the date of enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall complete the study required under paragraph (1) and submit to Congress a report describing the findings made as a result of the study.

    ‘(c) EVALUATION- The Secretary shall evaluate and report on effective methods of intervening before the abandonment of an infant or young child so as to prevent such abandonments, and effective methods for responding to the needs of abandoned infants and young children.’.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- Section 104 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended--

      (1) by striking subsection (a) and inserting the following:

    ‘(a) IN GENERAL-

      ‘(1) AUTHORIZATION- For the purpose of carrying out this Act, there are authorized to be appropriated $45,000,000 for fiscal year 2004 and such sums as may be necessary for fiscal years 2005 through 2008.

      ‘(2) LIMITATION- Not more than 5 percent of the amounts appropriated under paragraph (1) for any fiscal year may be obligated for carrying out section 102(a).’;

      (2) by striking subsection (b);

      (3) in subsection (c)--

        (A) in paragraph (1)--

          (i) by inserting ‘AUTHORIZATION- ’ after ‘(1)’ the first place it appears; and

          (ii) by striking ‘this title’ and inserting ‘this Act’; and

        (B) in paragraph (2)--

          (i) by inserting ‘LIMITATION- ’ after ‘(2)’; and

          (ii) by striking ‘fiscal year 1991.’ and inserting ‘fiscal year 2003.’; and

      (4) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

    (b) REDESIGNATION- The Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended--

      (1) by redesignating section 104 as section 302; and

      (2) by moving that section 302 to the end of that Act.

SEC. 305. DEFINITIONS.

    (a) IN GENERAL- Section 301 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is amended to read as follows:

‘SEC. 301. DEFINITIONS.

    ‘In this Act:

      ‘(1) ABANDONED; ABANDONMENT- The terms ‘abandoned’ and ‘abandonment’, used with respect to infants and young children, mean that the infants and young children are medically cleared for discharge from acute-care hospital settings, but remain hospitalized because of a lack of appropriate out-of-hospital placement alternatives.

      ‘(2) ACQUIRED IMMUNE DEFICIENCY SYNDROME- The term ‘acquired immune deficiency syndrome’ includes infection with the etiologic agent for such syndrome, any condition indicating that an individual is infected with such etiologic agent, and any condition arising from such etiologic agent.

      ‘(3) DANGEROUS DRUG- The term ‘dangerous drug’ means a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802).

      ‘(4) NATURAL FAMILY- The term ‘natural family’ shall be broadly interpreted to include natural parents, grandparents, family members, guardians, children residing in the household, and individuals residing in the household on a continuing basis who are in a care-giving situation, with respect to infants and young children covered under this Act.

      ‘(5) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services.’.

    (b) REPEAL- Section 103 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670 note) is repealed.

TITLE IV--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

SEC. 401. STATE DEMONSTRATION GRANTS.

    (a) UNDERSERVED POPULATIONS- Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is amended by striking ‘underserved populations,’ and all that follows and inserting the following: ‘underserved populations, as defined in section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2);’.

    (b) REPORT- Section 303(a) of such Act (42 U.S.C. 10402(a)) is amended by adding at the end the following:

    ‘(5) Upon completion of the activities funded by a grant under this title, the State shall submit to the Secretary a report that contains a description of the activities carried out under paragraph (2)(B)(i).’.

    (c) CHILDREN WHO WITNESS DOMESTIC VIOLENCE- Section 303 of such Act (42 U.S.C. 10402) is amended--

      (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and

      (2) by inserting after subsection (b) the following:

    ‘(c) For a fiscal year described in section 310(a)(2), the Secretary shall use funds made available under that section to make grants, on a competitive basis, to eligible entities for projects designed to address the needs of children who witness domestic violence, to--

      ‘(1) provide direct services for children who witness domestic violence;

      ‘(2) provide for training for and collaboration among child welfare agencies, domestic violence victim service providers, courts, law enforcement, and other entities; and

      ‘(3) provide for multisystem interventions for children who witness domestic violence.’.

SEC. 402. SECRETARIAL RESPONSIBILITIES.

    Section 305(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--

      (1) by striking ‘an employee’ and inserting ‘1 or more employees’;

      (2) by striking ‘of this title.’ and inserting ‘of this title, including carrying out evaluation and monitoring under this title.’; and

      (3) by striking ‘The individual’ and inserting ‘Any individual’.

SEC. 403. EVALUATION.

    Section 306 of the Family Violence Prevention and Services Act (42 U.S.C. 10405) is amended in the first sentence by striking ‘Not later than two years after the date on which funds are obligated under section 303(a) for the first time after the date of the enactment of this title, and every two years thereafter,’ and inserting ‘Every 2 years,’.

SEC. 404. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.

    Section 308 of the Family Violence Prevention and Services Act (42 U.S.C. 10407) is amended by striking subsection (g).

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

    (a) GENERAL AUTHORIZATION- Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows:

    ‘(a) IN GENERAL-

      ‘(1) AUTHORIZATION- There are authorized to be appropriated to carry out sections 303 through 311, $175,000,000 for each of fiscal years 2004 through 2008.

      ‘(2) PROJECTS TO ADDRESS NEEDS OF CHILDREN WHO WITNESS DOMESTIC VIOLENCE- For a fiscal year in which the amounts appropriated under paragraph (1) exceed $150,000,000, the Secretary shall reserve and make available 50 percent of the excess to carry out section 303(c).’.

    (b) ALLOCATIONS FOR OTHER PROGRAMS- Subsections (b), (c), and (d) of section 310 of such Act (42 U.S.C. 10409) are amended by inserting ‘(and not reserved under subsection (a)(2))’ after ‘each fiscal year’.

    (c) GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS- Section 311(g) of such Act (42 U.S.C. 10410(g)) is amended to read as follows:

    ‘(g) FUNDING- Of the amount appropriated under section 310(a) for a fiscal year (and not reserved under section 310(a)(2)), not less than 10 percent of such amount shall be made available to award grants under this section.’.

SEC. 406. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.

    Section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410) is amended by striking subsection (h).

SEC. 407. EVALUATION AND MONITORING.

    Section 312 of the Family Violence Prevention and Services Act (42 U.S.C. 10412) is amended by adding at the end the following:

    ‘(c) Of the amount appropriated under section 310(a) for each fiscal year (and not reserved under section 310(a)(2)), not more than 2.5 percent shall be used by the Secretary for evaluation, monitoring, and other administrative costs under this title.’.

SEC. 408. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT.

    Section 313 of the Family Violence Prevention and Services Act (42 U.S.C. 10413) is repealed.

SEC. 409. MODEL STATE LEADERSHIP GRANTS.

    Section 315 of the Family Violence Prevention and Services Act (42 U.S.C. 10415) is repealed.

SEC. 410. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.

    (a) DURATION- Section 316(b) of the Family Violence Prevention and Services Act (42 U.S.C. 10416(b)) is amended--

      (1) by striking ‘A grant’ and inserting the following:

      ‘(1) IN GENERAL- Except as provided in paragraph (2), a grant’; and

      (2) by adding at the end the following:

      ‘(2) EXTENSION- The Secretary may extend the duration of a grant under this section beyond the period described in paragraph (1) if, prior to such extension--

        ‘(A) the entity prepares and submits to the Secretary a report that evaluates the effectiveness of the use of amounts received under the grant for the period described in paragraph (1) and contains any other information the Secretary may prescribe; and

        ‘(B) the report and other appropriate criteria indicate that the entity is successfully operating the hotline in accordance with subsection (a).’.

    (b) AUTHORIZATION OF APPROPRIATIONS- Section 316(f) of such Act (42 U.S.C. 10416(f)) is repealed.

SEC. 411. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

    Section 317 of the Family Violence Prevention and Services Act (42 U.S.C. 10417) is repealed.

SEC. 412. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.

    The Family Violence Prevention and Services Act is amended by inserting after section 316 (42 U.S.C. 10416) the following:

‘SEC. 317. NATIONAL DOMESTIC VIOLENCE SHELTER NETWORK.

    ‘(a) IN GENERAL- For a year in which the Secretary makes an amount available under subsection (g)(2), the Secretary shall award a grant to a nonprofit organization to establish and operate a highly secure Internet website (referred to in this section as the ‘website’) that shall--

      ‘(1) link, to the greatest extent possible, entities consisting of the entity providing the national domestic violence hotline, participating domestic violence shelters in the United States, State and local domestic violence agencies, and other domestic violence organization, so that such entities will be able to connect a victim of domestic violence to the most safe, appropriate, and convenient domestic violence shelter; and

      ‘(2) contain, to the maximum extent practicable, continuously updated information concerning the availability of services and space in domestic violence shelters across the United States.

    ‘(b) ELIGIBLE ENTITIES- To be eligible to receive a grant under this section, a nonprofit organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. The application shall--

      ‘(1) demonstrate the experience of the applicant in successfully developing and managing a technology-based network of domestic violence shelters;

      ‘(2) demonstrate a record of success of the applicant in meeting the needs of domestic violence victims and their families; and

      ‘(3) include a certification that the applicant will--

        ‘(A) implement a high level security system to ensure the confidentiality of the website;

        ‘(B) establish, within 5 years, a website that links the entities described in subsection (a)(1);

        ‘(C) consult with the entities described in subsection (a)(1) in developing and implementing the website and providing Internet connections; and

        ‘(D) otherwise comply with the requirements of this section.

    ‘(c) USE OF GRANT AWARD- The recipient of a grant award under this section shall--

      ‘(1) collaborate with officials of the Department of Health and Human Services in a manner determined to be appropriate by the Secretary;

      ‘(2) collaborate with the entity providing the national domestic violence hotline in developing and implementing the network;

      ‘(3) ensure that the website is continuously updated and highly secure;

      ‘(4) ensure that the website provides information describing the services of each domestic violence shelter to which the website is linked, including information for individuals with limited English proficiency and information concerning access to medical care, social services, transportation, services for children, and other relevant services;

      ‘(5) ensure that the website provides up-to-the-minute information on available bed space in domestic violence shelters across the United States, to the maximum extent practicable;

      ‘(6) provide training to the staff of the hotline and to staff of the other entities described in subsection (a)(1) regarding how to use the website to best meet the needs of callers;

      ‘(7) provide Internet access, and hardware in necessary cases, to domestic violence shelters in the United States that do not have the appropriate technology for such access, to the maximum extent practicable; and

      ‘(8) ensure that after the third year of the website project, the recipient will develop a plan to expand the sources of funding for the website to include funding from public and private entities, although nothing in this paragraph shall preclude a grant recipient under this section from raising funds from other sources at any time during the 5-year grant period.

    ‘(d) RULE OF CONSTRUCTION- Nothing in this Act shall be construed to require any shelter or service provider, whether public or private, to be linked to the website or to provide information to the recipient of the grant award or to the website.

    ‘(e) DURATION OF GRANT- The term of a grant awarded under this section shall be 5 years.

    ‘(f) TECHNICAL ASSISTANCE AND OVERSIGHT- The Secretary shall--

      ‘(1) provide technical assistance, if requested, on developing and managing the website; and

      ‘(2) have access to, and monitor, the website.

    ‘(g) AUTHORIZATION OF APPROPRIATIONS-

      ‘(1) IN GENERAL- There are authorized to be appropriated to carry out section 316 and this section, $5,000,000 for fiscal year 2004 and such sums

as may be necessary for each of fiscal years 2005 through 2008.

      ‘(2) CONDITIONS ON APPROPRIATIONS- Notwithstanding paragraph (1), the Secretary shall make available a portion of the amounts appropriated under paragraph (1) to carry out this section only for any fiscal year for which the amounts appropriated under paragraph (1) exceed $3,000,000.

      ‘(3) ADMINISTRATIVE COSTS- Of the amount made available to carry out this section for a fiscal year the Secretary may not use more than 2 percent for administrative costs associated with the grant program carried out under this section, of which not more than 5 percent shall be used to assist the entity providing the national domestic violence hotline to participate in the establishment of the website.

      ‘(4) AVAILABILITY- Funds appropriated under paragraph (1) shall remain available until expended.’.

SEC. 413. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

    (a) IN GENERAL- Section 318(h) of the Family Violence Prevention and Services Act (42 U.S.C. 10418(h)) is amended to read as follows:

    ‘(h) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2004 through 2008.’.

    (b) REGULATIONS- Section 318 of such Act (42 U.S.C. 10418) is amended by striking subsection (i).

SEC. 414. TRANSITIONAL HOUSING ASSISTANCE.

    Section 319(f) of the Family Violence Prevention and Services Act (42 U.S.C. 10419(f)) is amended by striking ‘fiscal year 2001’ and inserting ‘each of fiscal years 2004 through 2008’.

SEC. 415. TECHNICAL AND CONFORMING AMENDMENTS.

    The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended--

      (1) in section 302(1) (42 U.S.C. 10401(1)) by striking ‘demonstrate the effectiveness of assisting’ and inserting ‘assist’;

      (2) in section 303(a) (42 U.S.C. 10402(a))--

        (A) in paragraph (2)--

          (i) in subparagraph (C), by striking ‘State domestic violence coalitions knowledgeable individuals and interested organizations’ and inserting ‘State domestic violence coalitions, knowledgeable individuals, and interested organizations’; and

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

        (B) by aligning the margins of paragraph (4) with the margins of paragraph (3);

      (3) in section 303(g) (as so redesignated)--

        (A) in the first sentence, by striking ‘309(4)’ and inserting ‘320’; and

        (B) in the second sentence, by striking ‘309(5)(A)’ and inserting ‘320(5)(A)’;

      (4) in section 305(b)(2)(A) (42 U.S.C. 10404(b)(2)(A)) by striking ‘provide for research, and into’ and inserting ‘provide for research into’;

      (5) by redesignating section 309 as section 320 and moving that section to the end of the Act; and

      (6) in section 311(a) (42 U.S.C. 10410(a))--

        (A) in paragraph (2)(K), by striking ‘other criminal justice professionals,;’ and inserting ‘other criminal justice professionals;’ and

        (B) in paragraph (3)--

          (i) in the matter preceding subparagraph (A), by striking ‘family law judges,,’ and inserting ‘family law judges,’;

          (ii) in subparagraph (D), by inserting ‘, criminal court judges,’ after ‘family law judges’; and

          (iii) in subparagraph (H), by striking ‘supervised visitations that do not endanger victims and their children’ and inserting ‘supervised visitations or denial of visitation to protect against danger to victims or their children’.

Calendar No. 24

108th CONGRESS

1st Session

S. 342

[Report No. 108-12]

A BILL

To amend the Child Abuse Prevention and Treatment Act to make improvements to and reauthorize programs under that Act, and for other purposes.


March 4, 2003

Reported without amendment