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S. 2687 (114th): Plan of Safe Care Improvement Act


The text of the bill below is as of Apr 4, 2016 (Reported by Senate Committee). The bill was not enacted into law.


II

Calendar No. 411

114th CONGRESS

2d Session

S. 2687

IN THE SENATE OF THE UNITED STATES

March 15, 2016

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

April 4, 2016

Reported by , with an amendment

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

A BILL

To amend the Child Abuse Prevention and Treatment Act to improve plans of safe care for infants affected by illegal substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder, and for other purposes.

1.

Short title

This Act may be cited as the Plan of Safe Care Improvement Act.

2.

State plans

Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking clause (iii) and inserting the following:

(iii)

policies and procedures that require—

(I)

the development of a plan of safe care for an infant born and identified as being affected by illegal substance abuse or withdrawal symptoms or a Fetal Alcohol Spectrum Disorder; and

(II)

the development and implementation by the State of monitoring systems regarding the plan of safe care to—

(aa)

ensure the safety and well-being of children;

(bb)

address the health, including mental health, needs of the child and family involved; and

(cc)

determine whether local entities are capable of providing referrals to and delivery of appropriate services for the child and family;

.

3.

Data reports

(a)

In general

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:

(18)

The number of infants for whom a plan of safe care, as referred to in subsection (b)(2)(B)(iii), was developed.

.

(b)

Rule of Construction

In section 802(b)(2) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat 264), the reference to adding at the end shall be considered to refer to inserting after paragraph (16).

4.

Monitoring

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

(g)

Monitoring

The Secretary shall conduct monitoring of States to ensure that each State is meeting the requirements of subsection (b)(2)(B)(iii) to improve outcomes among children who are most at risk for child abuse and neglect.

.

5.

Best practices for plans of safe care

Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States regarding the requirements and best practices for the development and implementation of plans of safe care, as referred to in section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)). In developing the guidance, the Secretary shall seek and take into consideration input from all appropriate offices within the Department of Health and Human Services, including the Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Substance Abuse and Mental Health Services Administration, and the National Institutes of Health, and from the Department of Education.

1.

Short title

This Act may be cited as the Plan of Safe Care Improvement Act.

2.

State plans

Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking clause (iii) and inserting the following:

(iii)

policies and procedures that require—

(I)

the development of a multidisciplinary plan of safe care for an infant born and identified as being affected by substance abuse or withdrawal symptoms or a Fetal Alcohol Spectrum Disorder; and

(II)

the development and implementation by the State of monitoring systems regarding the plan of safe care to—

(aa)

ensure the safety and well-being of children;

(bb)

address the health, including mental health and substance use disorder treatment, needs of the child, and of the family or affected caregiver, involved; and

(cc)

determine whether and to what extent local entities are providing referrals to and delivery of appropriate services for the child and family;

.

3.

Data reports

(a)

In general

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:

(18)

The total number of infants identified and the number of infants for whom a plan of safe care, as referred to in subsection (b)(2)(B)(iii), was developed.

.

(b)

Rule of Construction

In section 802(b)(2) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat 264), the reference to adding at the end shall be considered to refer to inserting after paragraph (16).

4.

Monitoring

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

(g)

Monitoring

The Secretary shall conduct monitoring of States to ensure that each State's policies and procedures meet the requirements of clauses (ii) and (iii) of subsection (b)(2)(B), to improve outcomes among infants described in subsection (b)(2)(B)(iii)(I).

.

5.

Best practices for plans of safe care

Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance to States regarding the requirements and best practices for the development and implementation of plans of safe care, as referred to in section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)). In developing the guidance, the Secretary shall seek and take into consideration input from all appropriate offices within the Department of Health and Human Services, including the Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Centers for Disease Control and Prevention, the Substance Abuse and Mental Health Services Administration, and the National Institutes of Health, and from the Department of Education. In developing the guidance, the Secretary shall ensure that the guidance requirements are consistent with the guidance requirements under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), in all appropriate cases.

April 4, 2016

Reported with an amendment