General (14)
Theresa Bass
From:Theresa Bass
Sent:Thursday, January 19, 2023 5:58 PM
To:Public Comment
Subject:FW: \[EXTERNAL\] Additional supportive information AB 21, as introduced, Gipson.
Peace officers: training.
Attachments:BETTER COPY U.S. SANCHEZ TO CRAIG 2003Image_20230116_0001.pdf; CA STATE
LETTER POST 2002Image_20230116_0001.pdf; CA STATE POST LETTERMARCH 13
2002 Image_20230116_0001.pdf; U.S. SENATOR BOXER OCT 29 2001Image_20230118
_0001.pdf; The Child Abuse Prevention and Treatment Act (CAPTA) The
Administration for Children and Families (hhs.gov) capta.pdf; SUPERIOR COUNTY
COURT OF ORANGE SUPORT AB 1718 SImage_20230116_0001.pdf; EVENLOPE CA
STATE POST 2002 Image_20230116_0001.pdf; CHIEF BLANKENSHIP SEPT 12
2001Image_20230118_0001.pdf; CA STATE SENATOR JOSEPH AB 1718Image_
20230118_0001.pdf; FW: AB 21, as introduced, Gipson. Peace officers: training.; CA
STATE CHILD ABUSE AND NEGLECT REPORTING ACT PENAL CODE SECTION
11164.pdf; MANDATED REPORTER.pdf; CA POST School Police Officer TRAINING.docx;
WESTMINSTER P.D.POST SRO OUTLINEImage_20230118_0001.pdf; AB-638 Mental
Health Services Act early intervention and prevention programs20210AB638_94.pdf
From: durfeycraig778@gmail. <
Sent: Thursday, January 19, 2023 4:58 PM
To: 'Nick Dibs' <nickdibs1@gmail.com>; senator.umberg@senate.ca.gov; SENATOR.GONZALEZ@senate.ca.gov; 'GGEA
President' <president@ggea.org>; David.Ochoa@sen.ca.gov; assemblymember.rendon@assembly.ca.gov;
Assemblymember.Davies@assembly.ca.gov; Joyce.Rivero@ocgov.com; assemblymember.quirk-silva@assembly.ca.gov;
fganzales@ocsheriff.gov; GGDPIO@GGCITY.ORG; Don Barnes <ddbarnes@ocsd.org>; JOATHAN@GGUSD.ORG;
mariom@ggpd.org; amire@ggpd.org; douglasp@ggpd.org; stephanie.jordan@sen.ca.gov; sarah.loftin@sen.ca.gov;
stella.choe@sen.ca.gov; Theresa Bass <TBass@anaheim.net>; mary.kennedy@sen.ca.gov; tgoodbrand@cityofirvine.org;
jarad.hollingshead@sen.ca.gov
Cc: durfeycraig778@gmail. cadurfey@gmail. 'Nick Dibs' < ; clayton.heard@asm.ca.gov;
sandy.uribe@asm.ca.gov; cheryl.anderson@asm.ca.gov; cheryl.anderson@asm.ca.gov; liah.burnley@asm.ca.gov;
andrew.ironside@asm.ca.gov; Mureed.Rasool@asm.ca.gov; elizabeth.potter@asm.ca.gov; mkent@cityofirvine.org;
nsmiley@cityofirvine.org; Whill@Cityofirvine.org
Subject: \[EXTERNAL\] Additional supportive information AB 21, as introduced, Gipson. Peace officers: training.
Warning: This email originated from outside the City of Anaheim. Do not click links or open
attachments unless you recognize the sender and are expecting the message.
01-18-2023
(P.R.D.D.C.)
PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN
CRAIG A. DURFEY FOUNDER OF P.R.D.D.C.
SOCIALEMOTIONALPAWS.COM
FACEBOOK: CRAIG DURFEY
U.S. HOUSE OF CONGRESS H2404 - HONORING CRAIG DURFEY FOR HIS FIGHT AGAINST AUTISM
... Ms. LORETTA SANCHEZ of California.
https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf
new website socialemotionalpaws.org
Assemblymember Mike A. Gipson
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0065
Tel: (916) 319-2065
Fax: (916) 319-2165
Assemblymembers Tri Ta
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0070
Phone - 916-319-2070
Assembly Public Safety Committee
1020 N Street (LOB), Room 111
Sacramento, California 95814
916.319.3744 phone
916.319.3745 fax
Senate Public Safety Committee
1020 N Street, Room 545
Sacramento, CA 95814
Phone: (916) 651-4118
Fax: (916) 445-4688
Dear Assemblymembers Tri Ta
Requesting consideration with the author amendment to include training all current
swoon Peace officers, SROs with digital illness, SCR 73 Blue light 2919 harm, myopia,
sleep deprivation causing physical harm as well as mental illness, to Esports that falls
under State Federal Child Abuse mandates Penal code 11165.7 with AB 1432 CA State
AB 21, as introduced, Gipson. Peace officers: training December 2022 An act to amend
Section 13515.28 of, and to add Section 13515.285 to, the Penal Code, relating to peace
officers.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB21 .
2
Mandated child abuse reporting: school employees: training.(2013-2014)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1432
As a contributor in writing to CA State law AB 1718 Hertzberg. Peace officers: advanced
training: mental illness, from my researching social media emotional harm addiction to
blue light that having ever the opportunity input to revise the current CA State law AB
1718 Hertzberg modified to address the culture change with screentime, gaming online
addiction, cell phones CA State law AB 272 year was 2019 reports of harm to the
wellbeing of a child. causing cognitive delay from infants. The above PDF will support my
past letter from CA State POST,CA State Governor Gray Davis signature on CA State into
law AB 1718. While advocating was invited many times to LA Sheriff Academy to work
will their psychologist to assist with autism, mental health, one has always stood in my
mind today was what has said to was Craig they have families with autism. Today social
medial consumption has gone exponential far reaching today due the proliferation has
spread far and wide with the awareness as in common sense as a car seat, seat belt.
As the founder of P.R.D.D.C. devoted its time with limited resources to bring awareness
since 1998 about issues impacts children and families. IN 1998 with a will to learn to
advocate learning curve was steep when autism was then a big issue. That very few
were unwilling to support this issue only threw two friends at that time we went to LA
City mayor's office then I would speak many times went to Los Angeles police
commission then went to the CA State POST Commission law enforcement in Los
Angeles CA Meeting Aril 10 2002 where I meet Sheriff Baca outside coming out of his
black car before the meeting page 13 under "U" page 13 under/ new business/old
https://post.ca.gov/portals/0/post_docs/commissionmeetings/2007andprior/2004-
prior/2002-04-10.pdf.
With the help from GGPD chief Joe Polisar had had his staff meet with me over my
research. Then chief Joe Polisar met together at the OC register building to be interview
local tv to share about concern with autism and was invited to meet with and work with
The Orange County Chiefs of Police and Sheriffs Association. They assigned to work will
with Orange County Sherriff Mike Carona to develop information how to interact with
autism. Met with Orange County Chiefs of Police and Sheriffs Association about Mental
Health, Autism they decided to assign me Orange County Sherriff Mike Carona with my
research.
Orange County Chiefs of Police and Sheriffs Association
. A recent video from two years ago (1234) A message from the Orange County Chiefs of
Police and Sheriff's Association. - YouTube }
My travels went to many places to raise awareness, wrote editorials
https://www.latimes.com/archives/la-xpm-2000-jul-02-me-47127-story.html, was advisor to
KFWB radio news LA market, meetings with police chiefs state meeting, helped LA
Sheriffs Baca training Psychologist many trips. And advised the Governor Davis about AB
1718 2000 flew up to Sacramento was invited into his office to meet with his staff and
spoke to personally to then Atty General Bill Locker. Several times. Was place on home
3
plate at Anaheim Angels baseball team by Assemblymember Lou Correa home plate
received recognition framed to honor my work, for what was imposable by one person a
round of applause came from the bleacher with family seating above watching this very
rare invent in history, to then receive a call from United State Congress Lorreta Sanchez
into Congressional record of Congress for fighting for Autism.
Today CA State AB 21 as introduced, Gipson. Peace officers: training.
The California Peace Officers Standards and Training (POST) is the state organization
that governs, monitors, and develops the training standards for all law enforcement
agencies throughout the state. POST has an approved School Resource Officer
curriculum that is offered throughout the state.
The course is 40 hours in length and provides the following description of the class
curriculum:
This highly interactive, student-centered course provides School Resource Officers
(SROs) with critical knowledge, skills, and communication techniques to enhance the
SRO’s abilities to foster positive relations with youth, understand challenges currently
faced by youth, assist youth in fulfilling their on-campus and off-campus needs, work
collaboratively with teachers and school administrative staff, and build a network of
local resources to assist students with unmet needs.
In addition to this core course, the WPD SRO has attended the following training:
• SRO Basics & Beyond 16 hours
• Gang Awareness 32 hours
• Gang Investigation: Advanced 36 hours
• Crisis Intervention 16 hours
• First Aid/CPR 8 hours
• De-escalation Training 8 hours
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§io
nNum=832.3.
Internet Gaming in DSM-5
Addiction to gaming is described in the American Psychiatric Association's Diagnostic
and Statistical Manual of Mental Disorders (DSM-5-TR), which is used by mental health
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professionals to diagnose mental disorders. In the DSM-5-TR, the condition is referred to
as Internet Gaming Disorder (IGD). IGD is included in the section recommending
conditions for further research, along with caffeine use disorder and other conditions.
The DSM-5-TR includes substance-related addictive disorders, such as alcohol, tobacco,
stimulants, marijuana and opioids. Gambling disorder is the only behavioral addiction (as
opposed to chemical substance use disorders) identified in DSM-5-TR.
https://www.psychiatry.org/patients-families/internet-gaming
https://www.psychiatry.org/File%20Library/Psychiatrists/Practice/DSM/APA_DSM-5-
Internet-Gaming-Disorder.pdf
6C51 Gaming disorder
https://icd.who.int/browse11/l-m/en#/http://id.who.int/icd/entity/1448597234
SCREENAGERS PODCAST Delaney Ruston, MD, a leading authority on pa
Join Delaney Ruston, MD, a leading authority on parenting in the digital age and the
filmmaker of the award-winning Screenagers movies, as she explores strategies for
raising screen-wise and tech-balanced youth. Through interviews with researchers,
thought leaders, and young people themselves, the Screenagers Podcast delivers the
latest in science along with practical tips. Most episodes are geared for parents, kids
and teens to listen to and thus spark common ground for inspired conversations.
https://socialemotionalpaws.com/blog-post-1/f/screenagers-podcast-delaney-ruston-md-a-
leading-authority-on-pa
Video which offers an insight to the tobacco addictions to techno
Join over 10,000 hosts worldwide by hosting your own screening of our movies! Whether
a large theatre-style screening event or a smaller community watch-along, our team
make it easy for you to put on your event
It has been an unbelievable week with Facebook and its other companies going down not
once, but twice, and witnessing the former Facebook employee, Frances Haugen — the
whistleblower who released key documents — testify for three hours in front of a Senate
hearing. Haugen was so freaking eloquent and on point. I am so happy to have her bright
mind, along with that of Tristan Harris, both working to promote policy changes.
This week I was asked to speak on CNN about how Instagram can impact youth mental
health. I was glad to voice my concern, and it has been great to see so many others
speaking out. I want to encourage everyone to be vocal right now. Our voices matter.
Let me give an example from the past.
In 2016 FB (and Instagram) asked me to come to their headquarters and show
Screenagers to their adolescent division. I spoke about negative emotions that were
happening to young people related to social media and my concerns about excessive use
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and addiction. Our conversation was very much a back and forth, and they were open to
discussing the benefits and risks of their platforms on adolescents.
https://socialemotionalpaws.com/blog-post-1/f/video-which-offers-an-insight-to-the-
tobacco-addictions-to-techno
Continuing Education Program
EARN CE Credits from an APA and NBCC approved Provider
Psychologists, Counselors and other Mental Health Professionals can earn CE Credits in
our Continuing Education Program.
Watch your choice of movie here, on-demand, then upon completion of a short test you
will be awarded your credit - It's that easy!
https://www.screenagersmovie.com/continuing-education
For sake of pupils’ pupils, China to ban homework on apps
https://socialemotionalpaws.com/blog-post-1/f/for-sake-of-pupils%E2%80%99-pupils-china-
to-ban-homework-on-apps-1
MRIs show screen time linked to lower brain development in presch
https://socialemotionalpaws.com/blog-post-1/f/mris-show-screen-time-linked-to-lower-
brain-development-in-presch-3
parents concerned about teens’ gaming and social media habits
https://socialemotionalpaws.com/blog-post-1/f/parents-concerned-about-
teens%E2%80%99-gaming-and-social-media-habits
Press Release Social Media Addictions' causing brain injury with
Children with autism are vulnerable to the negative effects of screen time. Autism and
Screen Time: Special Brains, Special Risks | Psychology Today Australia
https://www.psychologytoday.com/us/blog/mental-wealth/201402/gray-matters-too-much-
screen-time-damages-the-
brain#:~:text=Neuroimaging%20research%20shows%20excessive%20screen%20time%2
0damages%20the,matter%20atrophy%2C%20reduced%20cortical%20thickness%2C%20
and%20other%20effects.
And https://socialemotionalpaws.com/blog-post-1/f/press-release-social-media-addictions-
causing-brain-injury-with
62% Of Young Gamers Experience Abuse Online, According To Study
https://socialemotionalpaws.com/blog-post-1/f/62%25-of-young-gamers-experience-abuse-
online-according-to-study
A Feature Documentary Exploring Anxiety and Kids Are Kids Crisis
6
https://socialemotionalpaws.com/blog-post-1/f/a-feature-documentary-exploring-anxiety-
and-kids-are-kids-crisis
Blue Light and Your Eyes Causes Myopia with Sleep Deprivation.
https://socialemotionalpaws.com/blog-post-1/f/blue-light-and-your-eyes-causes-myopia-
with-sleep-dipravation
Al Muratsuchi's Assembly Bill (AB) 272, Banning Smartphones in Sc
"Growing evidence shows excessive smartphone use at school interferes with a
student’s education and success, encourages cyberbullying, and contributes to
teenage anxiety, depression, and suicide,” stated Assemblymember Muratsuchi.
"This new law will encourage school districts to develop their own policy that
strikes a balance between allowing appropriate student use of smartphones at
school, while making sure that smartphones are not interfering with a student's
educational, social and emotional development."
Evidence has shown that unrestricted use of smartphones by students at schools
lowers academic performance, particularly among low-achieving students;
promotes cyberbullying; and contributes to teenage mental health issues.
Between 2009 and 2017, the number of 14 to 17 year olds experiencing clinical
level depression jumped more than 60%, with a 47% increase among 12 to 13
year olds. AB 272 will take effect in January 2020.
https://socialemotionalpaws.com/blog-post-1/f/al-muratsuchis-assembly-bill-ab-272-
banning-smartphones-in-sc
American children have quietly become hooked on video game supple
EXCLUSIVE: American children have quietly become hooked on video game supplements
that have DOUBLE the caffeine of Red Bull and may stunt their growth and warp their
brains, experts warn.
https://socialemotionalpaws.com/blog-post-1/f/american-children-have-quietly-become-
hooked-on-video-game-supple
Too much screen time is raising rate of childhood myopia
https://socialemotionalpaws.com/blog-post-1/f/too-much-screen-time-is-raising-rate-of-
childhood-myopia
Lenovo: Smarter technology for all eyes.
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Employees and students at risk
What can employers and educators do to protect health and productivity? Paul Wright,
Eyesafe will weigh in on solutions for mitigating blue light from digital devices in
enterprise and education. https://socialemotionalpaws.com/blog-post-1/f/lenovo-smarter-
technology-for-all-eyes
How Does Blue Light Affect Mental Health?
Blue light exposure close to bedtime can disrupt the sleep/wake cycle (circadian
rhythm), and affect hormone secretion, nerve signaling (neurotransmission) and the
brain's ability to adapt (plasticity) to changing situations. Excessive blue light can cause
sleep and mood disorders, leading to depression.Apr 26, 2021
Blue light can affect mental health by interfering with the way our brain regulates mood,
emotions and sleep. The lift in our spirits in response to a sunny day with bright blue
skies is an obvious beneficial effect of light on our mood. This effect is primarily from
blue light, the color with the highest energy in the visible color spectrum.
https://socialemotionalpaws.com/blog-post-1/f/how-does-blue-light-affect-mental-health
Blue Light & Color Standards
https://socialemotionalpaws.com/blog-post-1/f/blue-light-color-standards
https://socialemotionalpaws.com/blog-post-1/f/blue-light-color-standards
Computer screen time is damaging eyes — especially for children
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A survey conducted by Ipsos and the Global Myopia Awareness Coalition found that 44
percent of U.S. children are using electronic devices for over four hours a day, more than
double the rate before the pandemic.
Naturally, there are worries about the effects on physical activity, loneliness and
sociological gaps. But in the United States, I think not enough people are considering
another potential side effect of living through screens: eye damage.
https://socialemotionalpaws.com/blog-post-1/f/computer-screen-time-is-damaging-eyes-
%E2%80%94-especially-for-children
PRODUCTS THAT MEET EYESAFE REQUIREMENTS FOR LOW BLUE LIGHT.
https://socialemotionalpaws.com/blog-post-1/f/roducts-that-meet-eyesafe-requirements-
for-low-blue-light
CONSUMER ELECTRONICS BRANDS ANNOUNCE NEW EYESAFE PRODUCTS AT BLUE
The global event, organized around the theme of “designing for human health,” was a
cross-industry forum that brought together leaders from health care and electronics to
discuss the health impacts of screen time and increased exposure to HEV blue light
The widely attended 2nd annual Summit provided a platform for Dell, HP, Lenovo, and
Acer – collectively representing over 70% of global personal computer sales1 – to unveil
a new generation of solutions that are designed to effectively manage blue light
emissions
BOE, the largest display panel maker in the world, also shared plans for their low blue
light offerings
UnitedHealthcare Vision announced new solutions for members, upcoming screen time
education hub, and CES 2021 event in January
https://socialemotionalpaws.com/blog-post-1/f/consumer-electronics-brands-announce-
new-eyesafe-products-at-blue
Small Minnesota company goes big with blue light protection
https://socialemotionalpaws.com/blog-post-1/f/small-minnesota-company-goes-big-with-
blue-light-protection
Is Blue Light Actually Harmful?
9
https://socialemotionalpaws.com/blog-post-1/f/is-blue-light-actually-harmful
AB 272, Muratsuchi. Pupils: use of smartphones
(a) There is growing evidence that unrestricted use of smartphones by pupils at
elementary and secondary schools during the schoolday interferes with the educational
mission of the schools, lowers pupil performance, particularly among low-achieving
pupils, promotes cyberbullying, and contributes to an increase in teenage anxiety,
depression, and suicide.
(b) In September 2018, France adopted a nationwide smartphone ban in all primary and
middle schools in order to promote pupil achievement and healthy social development.
(c) The London School of Economics and Political Science published a May 2015 study
that found that test scores improved significantly at schools that banned mobile phone
use, and that the most significant gains in pupil performance were made by the most
disadvantaged and underachieving pupils. The study concluded that “schools could
significantly reduce the education achievement gap by prohibiting mobile phone use in
schools.”
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(d) Dr. Jean Twenge, who is a professor of psychology at San Diego State University,
published a book in 2017 entitled “iGen,” which presents evidence of an increase in
depression and suicide among American teenagers that may be caused by increased
mobile device screen time and social media use. According to Dr. Twenge, 8th grade
pupils who spend 10 or more hours per week on social media are 56 percent more likely
to describe themselves as unhappy than those who devote less time to social media.
Moreover, teenagers who spend three hours per day or more on electronic devices are 35
percent more likely to demonstrate risk factors for suicide, such as suicidal ideation, and
teenagers who spend five or more hours per day on their devices are 71 percent more
likely to demonstrate a risk factor for suicide.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB272
SB 224, Portantino. Pupil instruction: mental health education
\[Approved by Governor October 8, 2021. Filed with Secretary
of State October 8, 2021.\]
SEC. 2. Article 6 (commencing with Section 51925) is added to Chapter 5.5 of Part 28 of
Division 4 of Title 2 of the Education Code, to read:
Article 6. Mandatory Mental Health Education
51925. Each school district, county office of education, state special school, and charter
school that offers one or more courses in health education to pupils in middle school or
high school shall include in those courses instruction in mental health that meets the
requirements of this article. This section shall not be construed to limit a school district,
county office of education, state special school, or charter school in offering or requiring
instruction in mental health as specified in this article. This instruction shall include all
of the following:
(a) Reasonably designed instruction on the overarching themes and core principles of
mental health.
(b) Defining signs and symptoms of common mental health challenges. Depending on
pupil age and developmental level, this may include defining conditions such as
depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating
disorders, and anxiety, including post-traumatic stress disorder.
(c) Elucidating the evidence-based services and supports that effectively help individuals
manage mental health challenges.
(d) Promoting mental health wellness and protective factors, which includes positive
development, social and cultural connectedness and supportive relationships, resiliency,
problem solving skills, coping skills, self-esteem, and a positive school and home
environment in which pupils feel comfortable.
(e) The ability to identify warning signs of common mental health problems in order to
promote awareness and early intervention so that pupils know to take action before a
situation turns into a crisis. This shall include instruction on both of the following:
(1) How to seek and find assistance from professionals and services within the school
district that includes, but is not limited to, school counselors with a pupil personnel
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services credential, school psychologists, and school social workers, and in the
community for themselves or others.
(c) “Evidence-based” means verified or supported by research conducted in compliance
with scientific methods and published in peer-reviewed journals, where appropriate, and
recognized as accurate and objective by professional organizations and agencies with
expertise in the mental health field.
(d) “Instructors trained in the appropriate courses” means instructors with knowledge of
the most recent evidence-based research on mental health.
51929. On or before January 1, 2024, the department shall develop a plan to expand
mental health instruction in California public schools.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB224
AB-1432 Mandated child abuse reporting: school employees: training.(2013-2014) An act
to repeal Section 44690 of, and to repeal and add Section 44691 of, the Education Code,
and to amend Section 11165.7 of the Penal Code, relating to child abuse reporting.
\[ Approved by Governor September 29, 2014. Filed with Secretary of State
September 29, 2014. \]
AB 1432, Gatto. Mandated child abuse reporting: school employees: training.
The Child Abuse and Neglect Reporting Act requires a mandated reporter, which includes
a teacher or one of certain other types of school employees, to report whenever he or
she, in his or her professional capacity or within the scope of his or her employment, has
knowledge of or has observed a child whom the mandated reporter knows or reasonably
suspects has been the victim of child abuse or neglect. Existing law requires the State
Department of Education to develop staff development seminars and any other
appropriate means of instructing school personnel in the detection of child abuse and
neglect and the proper action that school personnel should take in suspected cases of
child abuse and neglect. Existing law requires school districts that do not train their
employees in the duties of mandated reporters under the child abuse reporting laws to
report to the State Department of Education the reasons why this training is not
provided.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1432
Penal Code section 11165.7.
The California Child Abuse & Neglect Reporting Law
https://achieve.lausd.net/site/handlers/filedownload.ashx?moduleinstanceid=63130&datai
d=102120&FileName=PENAL_CODE_SECTIONS_FOR_CAAT.PDF
AB-2246 Pupil suicide prevention policies.(2015-2016)
Article 2.5. Pupil Suicide Prevention Policies
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215. (a) (1) The governing board or body of a local educational agency that serves pupils
in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt,
at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12,
inclusive. The policy shall be developed in consultation with school and community
stakeholders, school-employed mental health professionals, and suicide prevention
experts and shall, at a minimum, address procedures relating to suicide prevention,
intervention, and postvention.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2246
AB-1767 Pupil suicide prevention policies.(2019-2020)
AB 1767, Ramos. Pupil suicide prevention policies.
Existing law requires the governing board or body of a local educational agency that
serves pupils in grades 7 to 12, inclusive, to adopt a policy on pupil suicide prevention
that specifically addresses the needs of high-risk groups.
This bill would require the governing board or body of a local educational agency that
serves pupils in kindergarten and grades 1 to 6, inclusive, to, before the beginning of the
2020–21 school year, adopt, and update as prescribed, a policy on pupil suicide
prevention that specifically addresses the needs of high-risk groups. The bill would
require this policy to be age appropriate and delivered and discussed in a manner that is
sensitive to the needs of young pupils. The bill would also require this policy to be
written to ensure proper coordination and consultation with the county mental health
plan for a referral for mental health or related services made on behalf of a pupil who is a
Medi-Cal beneficiary. The bill would require the policy to address any training on suicide
awareness and prevention to be provided to teachers of pupils in all of the grades served
by the local educational agency. By imposing additional duties on local educational
agencies, the bill would impose a state-mandated local program.
SECTION 1. Section 215 of the Education Code is amended to read:
215. (a) (1) The governing board or body of a local educational agency that serves pupils
in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt,
at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12,
inclusive. The policy shall be developed in consultation with school and community
stakeholders, school-employed mental health professionals, and suicide prevention
experts and shall, at a minimum, address procedures relating to suicide prevention,
intervention, and postvention.
(2) (A) The governing board or body of a local educational agency that serves pupils in
kindergarten and grades 1 to 6, inclusive, shall, before the beginning of the 2020–21
school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention
in kindergarten and grades 1 to 6, inclusive. The policy shall be developed in
consultation with school and community stakeholders, the county mental health plan,
school-employed mental health professionals, and suicide prevention experts and shall,
13
at a minimum, address procedures relating to suicide prevention, intervention, and
postvention.
(B) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be age
appropriate and shall be delivered and discussed in a manner that is sensitive to the
needs of young pupils.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1767
This letter represents many, many years researching in the hope one day we would
obtain the common since above links are tools to refer to address the core information to
better grasp how the screentime addiction can be demises by less the time of
consumption to alternative activity to wearing blue light glasses to having you monitor
place a certified blue light filter or by a new monitor certified.
Acknowledgments: to Garden Grove Police former Police Chief Garden Grove Police Chief
Joe Polisar his dedication to mental health where he assisted helping to carry a very
import issue to shepherd the way willing go to places with me to be the very important
message. To having arrange invitation to bring my concern to the body of the Orange
County Sheriffs, Police Chiefs association, to that very, very special opportunity will
never forget that day. To former Orange County Sheriff Corona who willing work with me
to develop ideas during conversation in his staff office,
Acknowledgments: To State attorney Bill Lockyer your compassion to assist with my
concerns were as father greatly appreciative.
Acknowledgments: To Miss Hertzberg with Mr Hertzberg to carrying about autism with
mental health to sponsor AB 1718 2000.
Acknowledgments. CA State POST for your willing interact with letter of
encouragements to supporting the efforts as a farther as well for all.
Acknowledgments: Former CA State Governor Gray Davis you invited to your office to
meet with your staff in very small office space to review the concern I had the language.
Acknowledgments: Former Assemblyman Lou Correa now U.S. Congressman who invited
me to Angel Stadium with my Family where my name was called to come down to stand
on home plate before a large crowd to be recognize with CA State frame recognition/
Acknowledgments: To former U. S. Congresswomen Loreta Sanchez where one morning a
call came from Washington D.C. that she will recognize me before the house for my fight
for autism.
Acknowledgments: To those who believe in me to open their doors with time that made
come true.
Acknowledgments: to Irvine Police Chief with his Staff a special thank you to now
Lieutenant Goodbrand, Tom when he was a Sgt as leader in the SROs he was a true to
his
14
Professionalism to bring advancement to social media working with the community to
the coordinate the very first in CA State Hope Squad now there are eight of them.
https://hopesquad.com/, to the city council members who believe in me was supportive of
my research .
Thank You Very Much
Craig A Durfey
Founder of P.R.D.D.C.
15
Assembly Bill No. 638
CHAPTER 584
An act to amend Section 5840 of the Welfare and Institutions Code,
relating to mental health, and making an appropriation therefor.
[Approved by Governor October 6, 2021. Filed with Secretary
of State October 6, 2021.]
legislative counsel’s digest
AB 638, Quirk-Silva. Mental Health Services Act: early intervention and
prevention programs.
Existing law, the Mental Health Services Act (MHSA), an initiative
measure enacted by the voters as Proposition 63 at the November 2, 2004,
statewide general election, establishes the continuously appropriated Mental
Health Services Fund to fund various county mental health programs and
requires counties to spend those funds on mental health services, as specified.
The MHSA requires counties to establish a program designed to prevent
mental illnesses from becoming severe and disabling and authorizes counties
to use funds designated for prevention and early intervention to broaden the
provision of those community-based mental health services by adding
prevention and early intervention services or activities.
Existing law authorizes the MHSA to be amended by a 2⁄3 vote of the
Legislature if the amendments are consistent with, and further the purposes
of, the MHSA.
This bill would amend the MHSA by including in the prevention and
early intervention services authorized to be provided, prevention and early
intervention strategies that address mental health needs, substance misuse
or substance use disorders, or needs relating to cooccurring mental health
and substance use services. By authorizing a new use for continuously
appropriated funds, this bill would make an appropriation. The bill would
state the finding and declaration of the Legislature that this change is
consistent with, and furthers the intent of, the MHSA.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 5840 of the Welfare and Institutions Code is
amended to read:
5840. (a) The State Department of Health Care Services, in coordination
with counties, shall establish a program designed to prevent mental illnesses
from becoming severe and disabling. The program shall emphasize
improving timely access to services for underserved populations.
94
(b) The program shall include the following components:
(1) Outreach to families, employers, primary care health care providers,
and others to recognize the early signs of potentially severe and disabling
mental illnesses.
(2) Access and linkage to medically necessary care provided by county
mental health programs for children with severe mental illness, as defined
in Section 5600.3, and for adults and seniors with severe mental illness, as
defined in Section 5600.3, as early in the onset of these conditions as
practicable.
(3) Reduction in stigma associated with either being diagnosed with a
mental illness or seeking mental health services.
(4) Reduction in discrimination against people with mental illness.
(c) The program shall include mental health services similar to those
provided under other programs that are effective in preventing mental
illnesses from becoming severe, and shall also include components similar
to programs that have been successful in reducing the duration of untreated
severe mental illnesses and assisting people in quickly regaining productive
lives.
(d) The program shall emphasize strategies to reduce the following
negative outcomes that may result from untreated mental illness:
(1) Suicide.
(2) Incarcerations.
(3) School failure or dropout.
(4) Unemployment.
(5) Prolonged suffering.
(6) Homelessness.
(7) Removal of children from their homes.
(e) Prevention and early intervention funds may be used to broaden the
provision of community-based mental health services by adding prevention
and early intervention services or activities to these services, including
prevention and early intervention strategies that address mental health needs,
substance misuse or substance use disorders, or needs relating to cooccurring
mental health and substance use services.
(f) In consultation with mental health stakeholders, and consistent with
regulations from the Mental Health Services Oversight and Accountability
Commission, pursuant to Section 5846, the department shall revise the
program elements in Section 5840 applicable to all county mental health
programs in future years to reflect what is learned about the most effective
prevention and intervention programs for children, adults, and seniors.
SEC. 2. The Legislature finds and declares that this act is consistent
with, and furthers the intent of, the Mental Health Services Act within the
meaning of Section 18 of that act.
O
94
— 2 — Ch. 584
Training Topic Training Participation / Responsibility * Update/Refresher
Training
PC 832.1
Airport Security Personnel
POST Course Title:
"Aviation Security"
REQUIRED
*Airport officer.
REQUIRED
Completion of a course of training relative to airport security within 90 days
of employment.
PC 13517
Child Abuse Or Neglect
POST Course Title:
"Child Abuse Investigation"
VOLUNTARY
*Investigation specialists.
VOLUNTARY
PC 831(c)/831.5(c)
Custodial
Officers
REQUIRED
*Custodial officer.
REQUIRED
Satisfactory completion of the training course as specified in Section 832
within 90 days of initial assignment to position.
----
Must satisfactorily meet minimum selection & training standards prescribed
by Board of Corrections pursuant to Section 6035 within 1 year following the
date of initial assignment to that position.
PC 629.94
Electronic Surveillance
REQUIRED
*Investigative or law enforcement officers; other persons as designated.
REQUIRED
Certification and Minimum standards as set by the AG.
PC 13515.55
High Technology Crimes & Computer Seizure
POST Course Title:
"High Technology Crimes"
SPECIAL REQUIREMENT
*Every city police officer or deputy sheriff at a supervisory level.
SPECIAL REQUIREMENT
Every city police officer or deputy sheriff at a supervisory level assigned field
or investigative duties, or within 18 months of assignment to supervisory
duties.
VC 40802 (c)(B)
Laser Operator
REQUIRED
*Arresting officer.
SPECIAL REQUIREMENT
2 hours
(Pre-req: Radar Operator)
B&P 25755(d)
Drug Enforcement Narcotics Team
(ABC)
POST Course Titles:
"Narcotics Investigation Course"
"Narcotics Investigation Field Training Program"
REQUIRED
*Any agent assigned to the Drug Enforcement Narcotics Team.
REQUIRED
For ABC
Four week course on narcotics enforcement
VC 40802 (c)(A)
Radar Operator
REQUIRED
*Arresting officer
SPECIAL REQUIREMENT
24 hours
PC 832.2
School Police Reserve Officer
POST Course Title:
"Campus Law Enforcement Course"
REQUIRED
*School police reserve officer.
REQUIRED
Completion of a course of training relating directly to the role of school
police reserve officers within 2 years of appointment.
PC 832.3(f)
School Police Officer
Employed by a K-12 public school district or California community college.
REQUIRED
*School police officer.
REQUIRED
Successful completion of a basic course of training before exercising powers
of a peace officer; and successful completion of the specialized course of
training within 2 years of the date of first employment (if employed after 7-1-
99).
PC 832.3 (g)&(h)
School Peace Officer
POST Course Title:
"Campus Law Enforcement Course"
REQUIRED
*School peace officer.
REQUIRED
Successful completion of a specialized course of training of school peace
officers.
PC 13516
Sexual Assault Investigative Procedures
POST Course Title:
"Sexual Assault Investigation"
REQUIRED
*Officers
SPECIALIZED REQUIREMENT
Successful completion of training within 6 months of assignment to
investigation duties which include the handling of cases involving the sexual
exploitation or sexual abuse of children.
PC 832.3(a)
Sheriff & Police Officer
REQUIRED
*Sheriff, undersheriff, or deputy sheriff of a county; any police officer of a city
or district authorized by statute to maintain a police department; police
chief.
REQUIRED
Successful completion of a course of training before exercising the powers
of a peace officer.
PC 831.4(c)
Sheriff's Security Officers
REQUIRED
*Each sheriff's or police security officer.
REQUIRED
Satisfactory completion of the training course as specified in Section 832
prior to being assigned to perform their duties.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=
PEN§ionNum=832.3.
https://post.ca.gov/specialized-training-requirements
Theresa Bass
From:durfeycraig778@gmail.com
Sent:Thursday, January 12, 2023 5:15 PM
To:ABC7 General Release; KTLA 5 News; '"TIPS@NBCUNI.COM"'; CBS 2
Cc:durfeycraig778@gmail.com; cadurfey@gmail.com
Subject:FW: AB 21, as introduced, Gipson. Peace officers: training.
Attachments:AB-1718 Peace officers advanced training mental illness.pdf; AB 21, as introduced,
Gipson. Peace officers training..pdf
TO WHOM IT MAY CONCERN.
From: durfeycraig778@gmail.com <durfeycraig778@gmail.com>
Sent: Thursday, January 12, 2023 2:33 PM
To: mary.kennedy@sen.ca.gov; alex.barnett@sen.ca.gov; stella.choe@sen.ca.gov; stephanie.jordan@sen.ca.gov;
sarah.loftin@sen.ca.gov; jarad.hollingshead@sen.ca.gov
Cc: durfeycraig778@gmail.com; cadurfey@gmail.com
Subject: AB 21, as introduced, Gipson. Peace officers: training.
02-12-2023
(P.R.D.D.C.)
PARENTS FOR THE RIGHTS OF DEVELOPMENTALLY DISABLED CHILDREN
CRAIG A. DURFEY FOUNDER OF P.R.D.D.C.
P.O.BOX 937 GARDEN GROVE, CA 92842
CELL 714-321-8238
CADURFEY@GMAIL.COM
SOCIALEMOTIONALPAWS.COM
FACEBOOK: CRAIG DURFEY
U.S. HOUSE OF CONGRESS H2404 - HONORING CRAIG DURFEY FOR HIS FIGHT AGAINST AUTISM
... Ms. LORETTA SANCHEZ of California.
https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf
new website socialemotionalpaws.org
To whom it may concern.
Request amending CA State AB 21 to include language to address training social media,
gaming ,Esports as Child Abuse, SCR 73 Blue Light 2019 as physical harm to causing eye
myopia to sleep deprivation mental illness. Include CA State code penal 11165.7 first
responder child abuse reporters training with social media. To amendment require local
agency to require community meetings to address concerns with disabilities, social
1
media, mental wellness ect. To amendment to include Strategies For Youth , PTB
training practice skills for working with youth https://strategiesforyouth.org/about/.
Brain on Video Games | Psychology Today
https://www.psychologytoday.com › mental-wealth › is...
Sep 25, 2016 — Playing video games mimics the kinds of sensory assaults humans are
programmed to associate with danger. When the brain senses danger, primitive ...
Video Game Addiction | Psychology Today
https://www.psychologytoday.com › basics › video-ga...
According to that guide, gaming disorder is marked by “impaired control” over gaming,
which leads to it taking priority over other interests and activities. The ...
The Health Repercussions of Gaming Disorder
https://www.psychologytoday.com › blog › the-health-r...
Aug 19, 2021 — Gaming disorder can have serious consequences in crucial areas of
health.
Sense and Nonsense About Video Game Addiction
https://www.psychologytoday.com › freedom-learn › se...
Mar 11, 2018 — What are the actual effects of video gaming on the brain? ... Risk: Risks
loss of significant relationships or employment because of games.
Just How Bad Is "Gaming Addiction"? | Psychology Today
https://www.psychologytoday.com › blog › just-how-b...
Sep 6, 2021 — Indeed, gaming activates the reward system in the brain causing a release
of dopamine and other neurotransmitters implicated in reward.
Psychological Fallout of Gaming Fixation in Youth
https://www.psychologytoday.com › blog › and-running
Feb 11, 2021 — Given the ubiquitous and intense nature of gaming in today's youth
culture, children referred for moodiness, anxiety, oppositional and defiant ...
Policing the Teen Brain Trainings - Strategies for Youth
https://strategiesforyouth.org › services › ptb-training
Policing the Teen Brain™ (PTB) is a training program that provides officers with the
information and skills they need to effectively interact with youth.
2
Strategies for Youth
https://strategiesforyouth.org
Training to Avoid Tragedy ... Strategies For Youth provides trainings for youth to
learn about the law, ... What OFFICERS Say About PTB training.
Complete List of Trainings — CalSAC
https://www.calsac.org › complete-list-of-trainings
This training will give participants an understanding of the importance of working with
children/youth to develop interpersonal skills, social awareness and ...
Missing: ptb | Must include: ptb
Thank You
Craig A Durfey
3
The Child Abuse Prevention
and Treatment Act
Including the Substance Use-Disorder Prevention That Promotes
Opioid Recovery and Treatment for Patients and Communities Act
U.S. Department of Health and Human Services
Administration for Children and Families
Administration on Children, Youth and Families
Children’s Bureau
As Amended by
P.L. 115-271
1
DRAFT – The Child Abuse Prevention and Treatment Act (CAPTA) with amendments made by the Substance Use–
Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the
SUPPORT for Patients and Communities Act, Public Law (P.L.) 115-271, enacted October 24, 2018. Section
7065(a) of P.L. 115-271 amended section 105 of CAPTA and section 7065(b) repealed the Abandoned Infants
Assistance Act of 1988 (42 U.S.C. 5117aa et seq.).
DISCLAIMER: Please consult the U.S. Code for official or legal citations. This document was prepared by
Children's Bureau staff and may not be cited as an authoritative source.
Child Abuse Prevention and Treatment Act
Table of Contents 1
SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT .... 2
Sec. 2. CONGRESSIONAL FINDINGS. [42 U.S.C. 5101, Note]......................................... 2
Sec. 3. GENERAL DEFINITIONS [42 U.S.C. 5101, Note]. ................................................. 4
Title I – GENERAL PROGRAM ..................................................................................................5
Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5101]....................... 5
Sec. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5102] . 5
Sec. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE. [42 U.S.C. 5104] ......................................................................................... 6
Sec. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.
[42 U.S.C. 5105] ..................................................................................................................... 8
Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS,
AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [42 U.S.C. 5106] . 13
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION
AND TREATMENT PROGRAMS. [42 U.S.C. 5106a] ...................................................... 23
Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION
AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [42 U.S.C. 5106c]
............................................................................................................................................... 35
Sec. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [42
U.S.C. 5106d] ....................................................................................................................... 38
Sec. 109. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS [42
U.S.C. 5106e] ........................................................................................................................ 38
Sec. 110. REPORTS. [42 U.S.C. 5106f] .............................................................................. 39
Sec. 111. DEFINITIONS. [42 US.C. 5106g] ....................................................................... 40
Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5106h]...................... 41
Sec. 113. RULE OF CONSTRUCTION. [42 U.S.C. 5106i] ................................................ 41
Sec. 114. MONITORING AND OVERSIGHT. [42 U.S.C. 5108]……………..………….42
1 Section III, the Abandoned Infants Assistance Act, was repealed by sec. 7065(b) of P.L. 115-271.
2
TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT ......................................................................................................................... 42
Sec. 201. PURPOSE AND AUTHORITY. [42 U.S.C. 5116] .............................................. 42
Sec. 202. ELIGIBILITY. [42 U.S.C. 5116a] ........................................................................ 43
Sec. 203. AMOUNT OF GRANT. [42 U.S.C. 5116b] ......................................................... 45
Sec. 204. APPLICATION. [42 U.S.C. 5116d] ..................................................................... 46
Sec. 205. LOCAL PROGRAM REQUIREMENTS. [42 U.S.C. 5116e] ............................. 47
Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f] ............................................ 48
Sec. 207. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS. [42 U.S.C. 5116g] ......................................................................................... 49
Sec. 208. DEFINITIONS. [42 U.S.C. 5116h] ...................................................................... 49
Sec. 209. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5116i] ...................... 50
SECTION II: ADOPTION OPPORTUNITIES ................................... 50
Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [42
U.S.C. 5111] ......................................................................................................................... 50
Sec. 203. INFORMATION AND SERVICES. [42 U.S.C. 5113] ........................................ 52
Sec. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION
PLACEMENTS. [42 U.S.C. 5114] ....................................................................................... 56
Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5115]........................ 57
SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 2. CONGRESSIONAL FINDINGS. [42 U.S.C. 5101, Note]
Congress finds that—
1. in fiscal year 2008, approximately 772,000 children were found by States to be victims of
child abuse and neglect;
2.
A. more children suffer neglect than any other form of maltreatment and close to 1/3
of all child maltreatment-related fatalities in fiscal year 2008 were attributed to
neglect alone; and
B. investigations have determined that approximately 71 percent of children who
were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent
suffered physical abuse, 9 percent suffered sexual abuse, 7 percent suffered
psychological maltreatment, 2 percent experienced medical neglect, and 9 percent
were victims of other forms of maltreatment;
3.
A. child abuse or neglect can result in the death of a child;
3
B. in fiscal year 2008, an estimated 1,740 children were counted by child protection
services to have died as a result of abuse and neglect; and
C. in fiscal year 2008, children younger than 1 year old comprised 45 percent of
child maltreatment fatalities and 72 percent of child maltreatment fatalities were
younger than 4 years of age;
4.
A. many of these children and their families fail to receive adequate protection and
treatment; and
B. approximately 37 percent of victims of child abuse did not receive post-
investigation services in fiscal year 2008;
5. African-American children, American Indian children, Alaska native children, and
children of multiple races and ethnicities experience the highest rates of child abuse or
neglect;
6. the problem of child abuse and neglect requires a comprehensive approach that—
A. integrates the work of social service, legal, health, mental health, domestic
violence services, education, and substance abuse agencies and community-based
organizations;
B. strengthens coordination among all levels of government, and with private
agencies, civic, religious, and professional organizations, and individual
volunteers;
C. emphasizes the need for abuse and neglect prevention, assessment, investigation,
and treatment at the neighborhood level;
D. recognizes the need for properly trained staff with the qualifications needed to
carry out their child protection duties; and
E. recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that
may impact child rearing patterns, while not allowing the differences in those
beliefs and traditions to enable abuse or neglect;
7. the failure to coordinate and comprehensively prevent and treat child abuse and neglect
threatens the futures of thousands of children and results in a cost to the Nation of billions
of dollars in tangible expenditures, as well as significant intangible costs;
8. all elements of American society have a shared responsibility in responding to child
abuse and neglect;
9. substantial reductions in the prevalence and incidence of child abuse and neglect and the
alleviation of its consequences are matters of the highest national priority;
10. national policy should strengthen families to prevent child abuse and neglect, provide
support for needed services to prevent the unnecessary removal of children from families,
and promote the reunification of families where appropriate;
11. the child protection system should be comprehensive, child-centered, family-focused, and
community-based, should incorporate all appropriate measures to prevent the occurrence
or recurrence of child abuse and neglect, and should promote physical and psychological
recovery and social re-integration in an environment that fosters the health, safety, self-
respect, and dignity of the child;
12. because both child maltreatment and domestic violence occur in up to 60 percent of the
families in which either is present, States and communities should adopt assessments and
intervention procedures aimed at enhancing the safety both of children and victims of
domestic violence;
4
13. because of the limited resources available in low-income communities, Federal aid for
the child protection system should be distributed with due regard to the relative financial
need of the communities;
14. the Federal Government should assist States and communities with the fiscal, human, and
technical resources necessary to develop and implement a successful and comprehensive
child and family protection strategy; and
15. the Federal Government should provide leadership and assist communities in their child
and family protection efforts by—
A. promoting coordinated planning among all levels of government;
B. generating and sharing knowledge relevant to child and family protection,
including the development of models for service delivery;
C. strengthening the capacity of States to assist communities;
D. allocating financial resources to assist States in implementing community plans;
E. helping communities to carry out their child and family protection plans by
promoting the competence of professional, paraprofessional, and volunteer
resources; and
F. providing leadership to end the abuse and neglect of the nation’s children and
youth.
Sec. 3. GENERAL DEFINITIONS. [42 U.S.C. 5101, Note]
In this Act—
1. the term ‘child’ means a person who has not attained the lesser of—
A. the age of 18; or
B. except in the case of sexual abuse, the age specified by the child protection law of
the State in which the child resides;
2. the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act
on the part of a parent or caretaker, which results in death, serious physical or emotional
harm, sexual abuse or exploitation (including sexual abuse as determined under section
111), or an act or failure to act which presents an imminent risk of serious harm;
3. the term ‘child with a disability’ means a child with a disability as defined in section 602
of the Individuals with Disabilities Education Act (2024 U.S.C. 1401), or an infant or
toddler with a disability as defined in section 632 of such Act (202 U.S.C. 1432);
4. the term ‘Governor’ means the chief executive officer of a State;
5. the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the
terms in section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b);
6. the term ‘Secretary’ means the Secretary of Health and Human Services;
7. except as provided in section 106(f), the term ‘State’ means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands; and
8. the term ‘unaccompanied homeless youth’ means an individual who is described in
paragraphs (2) and (6) of section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a).
5
Title I – GENERAL PROGRAM
Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5101]
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) of this section
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. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5102]
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. health care providers (including pediatricians)
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;
13. children’s rights advocates; and
14. Indian tribes or tribal organizations.
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.
6
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, tribal, and local child abuse and
neglect activities with similar activities at the Federal, State, tribal, and local level
pertaining to family violence prevention;
2. specific modifications needed in Federal, State, and tribal laws and programs to
reduce the number of unfounded or unsubstantiated reports of child abuse or
neglect while enhancing the ability to identify and substantiate legitimate cases of
child 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. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO
CHILD ABUSE. [42 U.S.C. 5104]
a. ESTABLISHMENT.—The Secretary shall through the Department, or by one or more
contracts of not less than 3 years duration let through a competition, establish a national
clearinghouse for information relating to child abuse and neglect.
b. FUNCTIONS.—The Secretary shall, through the clearinghouse established by subsection
(a)—
1. maintain, coordinate, and disseminate information on effective programs,
including private and community-based programs, that have demonstrated success
with respect to the prevention, assessment, identification, and treatment of child
abuse or neglect and hold the potential for broad scale implementation and
replication;
2. maintain, coordinate, and disseminate information on the medical diagnosis and
treatment of child abuse and neglect;
3. maintain and disseminate information on best practices related to differential
response;
4. maintain and disseminate information about best practices used for achieving
improvements in child protective systems;
5. maintain and disseminate information about the requirements of section
106(b)(2)(B)(iii) and best practices relating to the development of plans of safe
care as described in such section for infants born and identified as being affected
by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum
Disorder;
6. maintain and disseminate information relating to—
A. the incidence of cases of child abuse and neglect in the United States;
B. the incidence of such cases in populations determined by the Secretary
under section 105(a)(1) of the Child Abuse Prevention, Adoption, and
Family Services Act of 1988 (42 U.S.C. 5105 note); and
C. the incidence of any such cases related to substance abuse;
7. provide technical assistance upon request that may include an evaluation or
identification of—
7
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;
8. 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, mental health, education, child welfare, substance abuse
treatment services, and domestic violence personnel and;
C. collect and disseminate information, in conjunction with the National
Resource Centers authorized in section 310(b) of the Family Violence
Prevention and Services Act, on effective programs and best practices for
developing and carrying out collaboration between entities providing child
protective services and entities providing domestic violence services.
9. collect and disseminate information, in conjunction with the National Resource
Centers authorized in section 310(b) of the Family Violence Prevention and
Services Act, on effective programs and best practices for developing and
carrying out collaboration between entities providing child protective services and
entities providing domestic violence services.
c. COORDINATION WITH AVAILABLE RESOURCES.—
1. IN GENERAL.—In establishing a national clearinghouse as required by
subsection (a), the Secretary shall—
A. consult with other Federal agencies that operate similar clearinghouses;
B. consult with the head of each agency involved with child abuse and
neglect on the development of the components for information collection
and management of such clearinghouse and on the mechanisms for the
sharing of such information with other Federal agencies and
clearinghouses;
C. develop a Federal data system involving the elements under subsection (b)
which, to the extent practicable, coordinates existing Federal, State, tribal,
regional, and local child welfare data systems which shall include—
i. standardized data on false, unfounded, unsubstantiated, and
substantiated reports;
ii. information on the number of deaths due to child abuse and
neglect;
iii. information about the incidence and characteristics of child abuse
and neglect in circumstances in which domestic violence is
present; and
iv. information about the incidence and characteristics of child abuse
and neglect in cases related to substance abuse;
D. 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
8
case specific and integrated with other case-based foster care and adoption
data collected by the Secretary;
E. compile, analyze, and publish a summary of the research conducted under
section 104(a);
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
victims of child abuse or neglect; and
G. solicit public comment on the components of such clearinghouse.
2. CONFIDENTIALITY REQUIREMENT.—In carrying out paragraph (1)(D), the
Secretary shall ensure that methods are established and implemented to preserve
the confidentiality of records relating to case specific data.
Sec. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. [42
U.S.C. 5105]
a. RESEARCH.—
1. TOPICS.—The Secretary shall, in consultation with other Federal agencies and
recognized experts in the field, carry out a continuing interdisciplinary program of
research, including longitudinal research, that is designed to provide information
needed to better protect children from child abuse or neglect and to improve the
well-being of victims of child abuse or neglect, with at least a portion of such
research being field initiated. Such research program may focus on—
A. the nature and scope of child abuse and neglect;
B. causes, prevention, assessment, identification, treatment, cultural and
socio-economic distinctions, and the consequences of child abuse and
neglect, including the effects of child abuse and neglect on a child’s
development and the identification of successful early intervention
services or other services that are needed;
C. effective approaches to improving the relationship and attachment of
infants and toddlers who experience child abuse or neglect with their
parents or primary caregivers in circumstances where reunification is
appropriate;
D. appropriate, effective and culturally sensitive investigative, administrative,
and judicial systems, including multidisciplinary, coordinated decision
making procedures with respect to cases of child abuse and neglect;
E. the evaluation and dissemination of best practices, including best practices
to meet the needs of special populations, consistent with the goals of
achieving improvements in child protective services systems of the States
in accordance with paragraphs (1) through (14) of section 106(a);
F. 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;
G. effective practices and programs to improve activities such as
identification, screening, medical diagnosis, forensic diagnosis, health
9
evaluations, and services, including activities that promote collaboration
between—
i. the child protective service system; and
ii. (I) the medical community, including providers of mental health
and developmental disability services; and
(II) providers of early childhood intervention services and special
education for children who have been victims of child abuse or
neglect;
H. 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;
I. effective collaborations, between the child protective system and domestic
violence service providers, that provide for the safety of children exposed
to domestic violence and their non-abusing parents and that improve the
investigations, interventions, delivery of services, and treatments provided
for such children and families;
J. 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;
K. the impact of child abuse and neglect on the incidence and progression of
disabilities;
L. the nature and scope of effective practices relating to differential response,
including an analysis of best practices conducted by the States;
M. child abuse and neglect issues facing Indians, Alaska Natives, and Native
Hawaiians, including providing recommendations for improving the
collection of child abuse and neglect data for Indian tribes and Native
Hawaiian communities;
N. the information on the national incidence of child abuse and neglect
specified in clauses (i) through (x) of subparagraph (O); and
O. the national incidence of child abuse and neglect, including—
i. the extent to which incidents of child abuse and neglect are
increasing or decreasing in number and severity;
ii. the incidence of substantiated and unsubstantiated reported child
abuse and neglect cases;
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 individuals required by law to report
suspected cases of child abuse and neglect have contributed to the
10
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;
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;
x. the extent to which reports of suspected or known instances of
child abuse or neglect involving a potential combination of
jurisdictions, such as intrastate, interstate, Federal-State, and State-
Tribal, are being screened out solely on the basis of the cross-
jurisdictional complications; and
xi. the incidence and outcomes of child abuse and neglect allegations
reported within the context of divorce, custody, or other family
court proceedings, and the interaction between this venue and the
child protective services system.
2. RESEARCH.—The Secretary shall conduct research on the national incidence of
child abuse and neglect, including the information on the national incidence on
child abuse and neglect specified in clauses (i) through (xi) of paragraph (1)(O).
3. REPORT.—Not later than 4 years after the date of the enactment of the CAPTA
Reauthorization Act of 2010, the Secretary shall prepare and submit to the
Committee on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor and Pensions of the Senate a report
that contains the results of the research conducted under paragraph (2).
4. PRIORITIES.—
A. IN GENERAL.— The Secretary shall establish research priorities for
making grants or contracts for purposes of carrying out paragraph (1).
B. PUBLIC COMMENT.— Not later than 1 year after the date of enactment
of the CAPTA Reauthorization Act of 2010, and every 2 years thereafter,
the Secretary shall provide an opportunity for public comment concerning
the priorities proposed under subparagraph (A) and maintain an official
record of such public comment.
4 2. STUDY ON SHAKEN BABY SYNDROME.— The Secretary shall conduct a
study that –
2 So in law.
11
C. identifies data collected on shaken baby syndrome;
D. determines the feasibility of collecting uniform, accurate data from all
States regarding—
i. incidence rates of shaken baby syndrome;
ii. characteristics of perpetrators of shaken baby syndrome, including
age, gender, relation to victim, access to prevention materials and
resources, and history of substance abuse, domestic violence, and
mental illness; and
iii. characteristics of victims of shaken baby syndrome, including
gender, date of birth, date of injury, date of death (if applicable),
and short- and long-term injuries sustained.
b. PROVISION OF TECHNICAL ASSISTANCE.—
1. IN GENERAL.—The Secretary shall provide technical assistance to State and
local public and private agencies and community-based organizations, including
disability organizations and persons who work with children with disabilities and
providers of mental health, substance abuse treatment, and domestic violence
prevention services, to assist such agencies and organizations in planning,
improving, developing, and carrying out programs and activities, including
replicating successful program models, relating to the prevention, assessment,
identification, and treatment of child abuse and neglect.
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;
C. effective programs carried out by the States under titles I and II; and
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.
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, child welfare, substance
abuse, and domestic violence services personnel in appropriate methods of
interacting during investigative, administrative, and judicial proceedings
with children who have been subjected to, or whom the personnel suspect
have been subjected to, child abuse or neglect.
c. AUTHORITY TO MAKE GRANTS OR ENTER INTO CONTRACTS.—
1. IN GENERAL.—The functions of the Secretary under this section may be carried
out either directly or through grant or contract.
2. DURATION.—Grants under this section shall be made for periods of not more
than 5 years.
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3. PREFERENCE FOR LONG-TERM STUDIES.—In making grants for purposes
of conducting research under subsection (a) of this section, the Secretary shall
give special consideration to applications for long-term projects.
d. PEER REVIEW FOR GRANTS.—
1. ESTABLISHMENT OF PEER REVIEW PROCESS.—
A. In General.—To enhance the quality and usefulness of research in the field
of child abuse and neglect, the Secretary shall, in consultation with experts
in the field and other Federal agencies, establish a formal, rigorous, and
meritorious peer review process for purposes of evaluating and reviewing
applications for assistance through a grant or contract under this section
and determining the relative merits of the project for which such
assistance is requested.
B. MEMBERS.—In establishing the process required by subparagraph (A),
the Secretary shall only appoint to the peer review panels members who—
i. are experts in the field of child abuse and neglect or related
disciplines, with appropriate expertise related to the applications to
be reviewed; and
ii. are not individuals who are officers or employees of the
Administration for Children and Families.
C. MEETINGS.—The peer review panels shall meet as often as is necessary
to facilitate the expeditious review of applications for grants and contracts
under this section, but shall meet not less often than once a year.
D. CRITERIA AND GUIDELINES.—The Secretary shall ensure that the
peer review panel utilizes scientifically valid review criteria and scoring
guidelines in the review of the applications for grants and contracts.
2. REVIEW OF APPLICATIONS FOR ASSISTANCE.—Each peer review panel
established under paragraph (1)(A) that reviews any application for a grant
shall—
A. determine and evaluate the merit of each project described in such
application;
B. rank such application with respect to all other applications it reviews in the
same priority area for the fiscal year involved, according to the relative
merit of all of the projects that are described in such application and for
which financial assistance is requested; and
C. make recommendations to the Secretary concerning whether the
application for the project shall be approved. The Secretary shall award
grants under this section on the basis of competitive review.
3. NOTICE OF APPROVAL.—
A. MERITORIOUS PROJECTS.—The Secretary shall provide grants and
contracts under this section from among the projects which the peer
review panels established under paragraph (1)(A) have determined to have
merit.
B. EXPLANATION.—In the instance in which the Secretary approves an
application for a program without having approved all applications ranked
above such application (as determined under paragraph (2)(B)), the
Secretary shall append to the approved application a detailed explanation
13
of the reasons relied on for approving the application and for failing to
approve each pending application that is superior in merit, as indicated on
the list under paragraph (2)(B).
e. DEMONSTRATION PROGRAMS AND PROJECTS.—The Secretary may award grants
to, and enter into contracts with, entities that are States, Indian tribes or tribal
organizations, or public or private agencies or organizations (or combinations of such
entities) 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 facilitate the safe exchange of children for visits with noncustodial
parents in cases of domestic violence.
2. EDUCATION, IDENTIFICATION, PREVENTION, AND TREATMENT.—The
Secretary may award grants under this subsection to entities for projects that
provide educational identification, prevention, and treatment services in
cooperation with child care and early childhood education and care providers,
preschools 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 research-based strategies for risk and safety assessments relating
to child abuse and neglect.
4. TRAINING.—The Secretary may award grants under this subsection to entities
for projects that involve research-based strategies for innovative training for
mandated child abuse and neglect reporters.
Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS,
AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [42 U.S.C. 5106]
a. GRANTS FOR PROGRAMS AND PROJECTS.—The Secretary may make grants to,
and enter into contracts with entities that are States, Indian tribes or tribal organizations,
or public agencies or private agencies or organizations (or combinations of such entities)
for programs and projects for the following purposes:
1. TRAINING PROGRAMS.—The Secretary may award grants to public or private
organizations under this subsection—
A. for the training of professional and paraprofessional personnel in the fields
of health care, medicine, law enforcement, judiciary, social work and child
protection, education, child care, and other relevant fields, or individuals
such as court appointed special advocates (CASAs) and guardian ad litem,
who are engaged in, or intend to work in, the field of prevention,
identification, and treatment of child abuse and neglect, including the links
between domestic violence and child abuse and neglect;
14
B. to improve the recruitment, selection, and training of volunteers serving in
public and private children, youth, and family service organizations in
order to prevent child abuse and neglect;
C. 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;
D. for training to enhance linkages among child protective service agencies
and health care agencies, entities providing physical and mental health
services, community resources, and developmental disability agencies, to
improve screening, forensic diagnosis, and health and developmental
evaluations, and for partnerships between child protective service agencies
and health care agencies that support the coordinated use of existing
Federal, State, local and private funding to meet the health evaluation
needs of children who have been subjects of substantiated cases of child
abuse or neglect;
E. for the training of personnel in best practices to meet the unique needs of
children with disabilities, including promoting interagency collaboration;
F. 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;
G. for the training of personnel regarding the legal duties of such personnel
and their responsibilities to protect the legal rights of children and
families;
H. for the training of personnel in childhood development including the
unique needs of children under age 3;
I. for improving the training of supervisory and nonsupervisory child
welfare workers;
J. for enabling State child welfare agencies to coordinate the provision of
services with State and local health care agencies, alcohol and drug abuse
prevention and treatment agencies, mental health agencies, other public
and private welfare agencies, and agencies that provide early intervention
services to promote child safety, permanence and family stability;
K. for cross training for child protective service workers in research-based
strategies for recognizing situations of substance abuse, domestic violence,
and neglect;
L. for developing, implementing, or operating information and education
programs or training programs designed to improve the provision of
services to infants or toddlers with disabilities 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; and
M. for the training of personnel in best practices relating to the provision of
differential response.
15
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 when the child’s
safety is in jeopardy.
3. MUTUAL SUPPORT PROGRAMS.—The Secretary may award grants to private
organizations to establish or maintain a national network of mutual support,
leadership, and self-help programs as a means of strengthening families in
partnership with their communities.
4. KINSHIP CARE.— The Secretary may award grants to public and private 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 and where such relatives comply with the State child
protection standards.
5. LINKAGES AMONG CHILD PROTECTIVE SERVICE AGENCIES AND
PUBLIC HEALTH, MENTAL HEALTH, SUBSTANCE ABUSE,
DEVELOPMENTAL DISABILITIES, AND DOMESTIC VIOLENCE
SERVICE AGENCIES.—The Secretary may award grants to entities that provide
linkages among State or local child protective service agencies and public health,
mental health, substance abuse, developmental disabilities, and domestic violence
service agencies, and entities that carry out community-based programs for the
purpose of establishing linkages that are designed to ensure that a greater number
of substantiated victims of child maltreatment have their physical health, mental
health, and developmental needs appropriately diagnosed and treated, in
accordance with all applicable Federal and State privacy laws.
6. COLLABORATIONS BETWEEN CHILD PROTECTIVE SERVICE ENTITIES
AND DOMESTIC VIOLENCE SERVICE ENTITIES.—The Secretary may
award grants to public or private agencies and organizations under this section to
develop or expand effective collaborations between child protective service
entities and domestic violence service entities to improve collaborative
investigation and intervention procedures, provision for the safety of the non-
abusing parent involved and children, and provision of services to children
exposed to domestic violence that also support the caregiving role of the non-
abusing parent.
16
7. GRANTS TO STATES TO IMPROVE AND COORDINATE
THEIR RESPONSE TO ENSURE THE SAFETY, PERMANENCY, AND
WELL-BEING OF INFANTS AFFECTED BY SUBSTANCE USE.—
A. PROGRAM AUTHORIZED.—The Secretary is authorized to make
grants to States for the purpose of assisting child welfare agencies, social
services agencies, substance use disorder treatment agencies, hospitals
with labor and delivery units, medical staff, public health and mental
health agencies, and maternal and child health agencies to facilitate
collaboration in developing, updating, implementing, and monitoring
plans of safe care described in section 106(b)(2)(B)(iii). Section 112(a)(2)
shall not apply to the program authorized under this paragraph.
B. DISTRIBUTION OF FUNDS.—
i. RESERVATIONS.—Of the amounts made available to carry out
subparagraph (A), the Secretary shall reserve—
I. no more than 3 percent for the purposes described in
subparagraph (G); and
II. up to 3 percent for grants to Indian Tribes and tribal
organizations to address the needs of infants born with, and
identified as being affected by, substance abuse or
withdrawal symptoms resulting from prenatal drug
exposure or a fetal alcohol spectrum disorder and their
families or caregivers, which to the extent practicable, shall
be consistent with the uses of funds described under
subparagraph (D).
ii. ALLOTMENTS TO STATES AND TERRITORIES.—The
Secretary shall allot the amount made available to carry out
subparagraph (A) that remains after application of clause (i) to
each State that applies for such a grant, in an amount equal to the
sum of—
I. $500,000; and
II. an amount that bears the same relationship to any funds
made available to carry out subparagraph (A) and
remaining after application of clause (i), as the number of
live births in the State in the previous calendar year bears to
the number of live births in all States in such year.
iii. RATABLE REDUCTION.—If the amount made available to
carry out subparagraph (A) is insufficient to satisfy the
requirements of clause (ii), the Secretary shall ratably reduce
each allotment to a State.
C. APPLICATION.—A State desiring a grant under this paragraph shall
submit an application to the Secretary at such time and in such manner as
the Secretary may require. Such application shall include—
i. a description of—
I. the impact of substance use disorder in such State,
including with respect to the substance or class of
17
substances with the highest incidence of abuse in the
previous year in such State, including—
aa. the prevalence of substance use disorder in such
State;
bb. the aggregate rate of births in the State of infants
affected by substance abuse or withdrawal symptoms or
a fetal alcohol spectrum disorder (as determined by
hospitals, insurance claims, claims submitted to the
State Medicaid program, or other records), if available
and to the extent practicable; and
cc. the number of infants identified, for whom a plan of
safe care was developed, and for whom a referral was
made for appropriate services, as reported under section
106(d)(18); and
II. the challenges the State faces in developing, implementing,
and monitoring plans of safe care in accordance with
section 106(b)(2)(B)(iii);
III. the State’s lead agency for the grant program and how that
agency will coordinate with relevant State entities and
programs, including the child welfare agency, the substance
use disorder treatment agency, hospitals with labor and
delivery units, health care providers, the public health and
mental health agencies, programs funded by the Substance
Abuse and Mental Health Services Administration that
provide substance use disorder treatment for women, the
State Medicaid program, the State agency administering the
block grant program under title V of the Social
Security Act (42 U.S.C. 701 et seq.), the State agency
administering the programs funded under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.), the maternal, infant, and early childhood
home visiting program under section 511 of the Social
Security Act (42 U.S.C. 711), the State judicial system, and
other agencies, as determined by the Secretary, and Indian
Tribes and tribal organizations, as appropriate, to
implement the activities under this paragraph;
IV. how the State will local monitor development and
implementation of plans of safe care, in accordance with
section 106(b)(2)(B)(iii)(II), including how the State will
monitor to ensure plans of safe care address differences
between substance use disorder and medically supervised
substance use, including for the treatment of a substance
use disorder;
V. if applicable, how the State plans to utilize funding
authorized under part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) to assist in carrying
18
out any plan of safe care, including such funding authorized
under section 471(e) of such Act (as in effect on October 1,
2018) for mental health and substance abuse prevention and
treatment services and in-home parent skill-based programs
and funding authorized under such section 472(j) (as in
effect on October 1, 2018) for children with a parent in a
licensed residential family-based treatment facility for
substance abuse; and
VI. an assessment of the treatment and other services and
programs available in the State, to effectively carry out any
plan of safe care developed, including identification of
needed treatment, and other services and programs to
ensure the well-being of young children and their families
affected by substance use disorder, such as programs
carried out under part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.) and comprehensive
early childhood development services and programs such
as Head Start programs;
ii. a description of how the State plans to use funds for activities
described in subparagraph (D) for the purposes of ensuring State
compliance with requirements under clauses (ii) and (iii) of section
106(b)(2)(B); and
iii. an assurance that the State will comply with requirements to refer a
child identified as substance-exposed to early intervention services
as required pursuant to a grant under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et seq.).
D. USES OF FUNDS.—Funds awarded to a State under this paragraph may
be used for the following activities, which may be carried out by the State
directly, or through grants or subgrants, contracts, or cooperative
agreements:
i. Improving State and local systems with respect to the development
and implementation of plans of safe care, which—
I. shall include parent and caregiver engagement, as required
under section 106(b)(2)(B)(iii)(I), regarding available
treatment and service options, which may include resources
available for pregnant, perinatal, and postnatal women; and
II. may include activities such as—
aa. developing policies, procedures, or protocols for the
administration or development of evidence-based and
validated screening tools for infants who may be
affected by substance use withdrawal symptoms or a
fetal alcohol spectrum disorder and pregnant, perinatal,
and postnatal women whose infants may be affected by
substance use withdrawal symptoms or a fetal alcohol
spectrum disorder;
19
bb. improving assessments used to determine the needs
of the infant and family;
cc. improving ongoing case management services; and
dd. improving access to treatment services, which may
be prior to the pregnant woman’s delivery date; and
ee. keeping families safely together when it is in the
best interest of the child.
ii. Developing policies, procedures, or protocols in consultation and
coordination with health professionals, public and private health
facilities, and substance use disorder treatment agencies to ensure
that—
I. appropriate notification to child protective services is made
in a timely manner as required under section
106(b)(2)(B)(ii);
II. a plan of safe care is in place, in accordance with section
106(b)(2)(B)(iii), before the infant is discharged from the
birth or health care facility; and
III. such health and related agency professionals are trained on
how to follow such protocols and are aware of the supports
that may be provided under a plan of safe care.
iii. Training health professionals and health system leaders, child
welfare workers, substance use disorder treatment agencies, and
other related professionals such as home visiting agency staff and
law enforcement in relevant topics including—
I. State mandatory reporting laws established under section
106(b)(2)(B)(i) and the referral and process requirements
for notification to child protective services when child
abuse or neglect reporting is not mandated;
II. the co-occurrence of pregnancy and substance use disorder,
and implications of prenatal exposure;
III. the clinical guidance about treating substance use disorder
in pregnant and postpartum women;
IV. appropriate screening and interventions for infants affected
by substance use disorder, withdrawal symptoms, or a fetal
alcohol spectrum disorder and the requirements under
section 106(b)(2)(B)(iii); and
V. appropriate multigenerational strategies to address the
mental health needs of the parent and child together.
iv. Establishing partnerships, agreements, or memoranda of
understanding between the lead agency and other entities
(including health professionals, health facilities, child welfare
professionals, juvenile and family court judges, substance use
disorder treatment programs, early childhood education programs,
maternal and child health and early intervention professionals
(including home visiting providers), peer-to-peer recovery
programs such as parent mentoring programs, and housing
20
agencies) to facilitate the implementation of, and compliance with
section 106(b)(2) and clause (ii) of this subparagraph, in areas
which may include—
I. developing a comprehensive, multi-disciplinary assessment
and intervention process for infants, pregnant women, and
their families who are affected by substance use disorder,
withdrawal symptoms, or a fetal alcohol spectrum disorder,
that includes meaningful engagement with and takes into
account the unique needs of each family and addresses
differences between legal, medically supervised substance
use, including for the treatment of substance use disorder,
and substance use disorder;
II. ensuring that treatment approaches for serving infants,
pregnant women, and perinatal and postnatal women whose
infants may be affected by substance use, withdrawal
symptoms, or a fetal alcohol spectrum disorder, are
designed to, where appropriate, keep infants with their
mothers during both inpatient and outpatient treatment; and
III. increasing access to all evidence-based medication-assisted
treatment approved by the Food and Drug Administration,
behavioral therapy, and counseling services for the
treatment of substance use disorders, as appropriate.
v. Developing and updating systems of technology for improved data
collection and monitoring under section 106(b)(2)(B)(iii),
including existing electronic medical records, to measure the
outcomes achieved through the plans of safe care, including
monitoring systems to meet the requirements of this Act and
submission of performance measures.
E. REPORTING.—Each State that receives funds under this paragraph, for
each year such funds are received, shall submit a report to the Secretary,
disaggregated by geographic location, economic status, and major racial
and ethnic groups, except that such disaggregation shall not be required if
the results would reveal personally identifiable information on, with
respect to infants identified under section 106(b)(2)(B)(ii)—
i. The number who experienced removal associated with parental
substance use;
ii. The number who experienced removal and are reunified with
parents, and the length of time between such removal and
reunification;
iii. the number who are referred to community providers without a
child protection case;
iv. the number who receive services while in the care of their birth
parents;
v. the number who receive post-reunification services within 1 year
after a reunification has occurred; and
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vi. the number who experienced a return to out-of-home care within 1
year after reunification.
F. SECRETARY’S REPORT TO CONGRESS.—The Secretary shall submit
an annual report to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and the
Committee on Education and the Workforce and the Committee on
Appropriations of the House of Representatives that includes the
information described in subparagraph (E) and recommendations or
observations on the challenges, successes, and lessons derived from
implementation of the grant program.
G. ASSISTING STATES’ IMPLEMENTATION.—The Secretary shall use
the amount reserved under subparagraph (B)(i)(I) to provide written
guidance and technical assistance to support States in complying with and
implementing this paragraph, which shall include—
i. technical assistance, including programs of in-depth technical
assistance, to additional States, territories, and Indian tribes and
tribal organizations in accordance with the substance-exposed
infant initiative developed by the National Center on Substance
Abuse and Child Welfare;
ii. guidance on the requirements of this Act with respect to infants
born with and identified as being affected by substance use or
withdrawal symptoms or fetal alcohol spectrum disorder, as
described in clauses (ii) and (iii) of section 106(b)(2)(B), including
by—
I. enhancing States’ understanding of requirements and
flexibilities under the law, including by clarifying key
terms;
II. addressing state-identified challenges with developing,
implementing, and monitoring plans of safe care, including
those reported under subparagraph (C)(i)(II);
III. disseminating best practices on implementation of plans of
safe care, on such topics as differential response,
collaboration and coordination, and identification and
delivery of services, for different populations, while
recognizing needs of different populations and varying
community approaches across States; and
IV. helping States improve the long-term safety and well-being
of young children and their families;
iii. supporting State efforts to develop information technology systems
to manage plans of safe care; and
iv. preparing the Secretary’s report to Congress described in
subparagraph (F).
H. SUNSET.—The authority under this paragraph shall sunset on
September 30, 2023.
b. DISCRETIONARY GRANTS.—In addition to grants or contracts made under subsection
(a) of this section, grants or contracts under this section may be used for the following:
22
1. Respite and crisis nursery programs provided by community-based organizations
under the direction and supervision of hospitals.
2. Respite and crisis nursery programs provided by community-based organizations.
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
4.
A. Providing hospital-based information and referral services to—
i. parents of children with disabilities; and
ii. children who have been victims of child abuse or neglect and their
parents.
B. Except as provided in subparagraph (C)(iii), services provided under a
grant received under this paragraph shall be provided at the hospital
involved—
i. upon the birth or admission of a child with disabilities; and
ii. upon the treatment of a child for child abuse and neglect.
C. Services, as determined as appropriate by the grantee, provided under a
grant received under this paragraph shall be hospital-based and shall
consist of—
i. the provision of notice to parents that information relating to
community services is available;
ii. the provision of appropriate information to parents of a child with
disabilities regarding resources in the community, particularly
parent training resources, that will assist such parents in caring for
their child;
iii. the provision of appropriate information to parents of a child who
has been a victim of child abuse or neglect regarding resources in
the community, particularly parent training resources, that will
assist such parents in caring for their child and reduce the
possibility of child abuse and neglect;
iv. the provision of appropriate follow-up services to parents of a child
described in subparagraph (B) after the child has left the hospital;
and
v. where necessary, assistance in coordination of community services
available to parents of children described in subparagraph (B).
The grantee shall assure that parental involvement described in this
subparagraph is voluntary.
D. For purposes of this paragraph, a qualified grantee is an acute care hospital
that—
i. is in a combination with—
I. a health-care provider organization;
II. a child welfare organization;
III. a disability organization; and
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IV. a State child protection agency;
ii. submits an application for a grant under this paragraph that is
approved by the Secretary;
iii. maintains an office in the hospital involved for purposes of
providing services under such grant;
iv. provides assurances to the Secretary that in the conduct of the
project the confidentiality of medical, social, and personal
information concerning any person described in subparagraph (A)
or (B) shall be maintained, and shall be disclosed only to qualified
persons providing required services described in subparagraph (C)
for purposes relating to conduct of the project; and
v. assumes legal responsibility for carrying out the terms and
conditions of the grant.
E. In awarding grants under this paragraph, the Secretary shall—
i. give priority under this section for two grants under this paragraph,
provided that one grant shall be made to provide services in an
urban setting and one grant shall be made to provide services in
rural setting; and
ii. encourage qualified grantees to combine the amounts received
under the grant with other funds available to such grantees.
5. Such other innovative programs and projects that show promise of preventing and
treating cases of child abuse and neglect as the Secretary may approve.
c. EVALUATION.—In making grants for 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 or contract entered into by the Secretary for the purpose of evaluating a
particular demonstration project or group of projects. 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.
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION
AND TREATMENT PROGRAMS. [42 U.S.C. 5106a]
a. DEVELOPMENT AND OPERATION GRANTS.—The Secretary shall make grants to
the States, from allotments made under subsection (f) for each State that applies for a
grant under this section, for purposes of assisting the States in improving the child
protective services system of each such State in—
1. the intake, assessment, screening, and investigation of reports of child abuse or
neglect;
2.
A. creating and improving the use of multidisciplinary teams and interagency,
intra-agency, interstate, and intrastate protocols to enhance investigations;
and
B. improving legal preparation and representation, including—
24
i. procedures for appealing and responding to appeals of
substantiated reports of child abuse or neglect; and
ii. provisions for the appointment of an individual appointed to
represent a child in judicial proceedings;
3. case management, including ongoing case monitoring, and delivery of services
and treatment provided to children and their families;
4. enhancing the general child protective system by developing, improving, and
implementing risk and safety assessment tools and protocols, including the use of
differential response;
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. developing, strengthening, and facilitating training including—
A. training regarding research-based strategies, including the use of
differential response, to promote collaboration with the families;
B. training regarding the legal duties of such individuals;
C. personal safety training for case workers; and
D. training in early childhood, child, and adolescent development;
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. developing, facilitating the use of, and implementing research-based strategies
and training protocols for individuals mandated to report child abuse and neglect;
9. 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;
C. services necessary to facilitate adoptive placement of any such infants who
have been relinquished for adoption; and
D. the use of differential response in preventing child abuse and neglect;
10. developing and delivering information to improve public education relating to the
role and responsibilities of the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect, including the use of
differential response;
11. 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;
12. supporting and enhancing interagency collaboration between the child protection
system and the juvenile justice system for improved delivery of services and
treatment, including methods for continuity of treatment plan and services as
children transition between systems;
13. supporting and enhancing interagency collaboration among public health
agencies, agencies in the child protective service system, and agencies carrying
out private community-based programs—
25
A. to provide child abuse and neglect prevention and treatment services
(including linkages with education systems), and the use of differential
response; and
B. to address the health needs, including mental health needs, of children
identified as victims of child abuse or neglect, including supporting
prompt, comprehensive health and developmental evaluations for children
who are the subject of substantiated child maltreatment reports; or
14. developing and implementing procedures for collaboration among child protective
services, domestic violence services, and other agencies in—
A. investigations, interventions, and the delivery of services and treatment
provided to children and families, including the use of differential
response, where appropriate; and
B. the provision of services that assist children exposed to domestic violence,
and that also support the caregiving role of their non-abusing parents.
b. ELIGIBILITY REQUIREMENTS.—
1. STATE PLAN.—
A. IN GENERAL.—To be eligible to receive a grant under this section, a
State shall submit to the Secretary a State plan that specifies the areas of
the child protective services system described in subsection (a) that the
State will address with amounts received under the grant.
B. DURATION OF PLAN.—Each State plan shall—
i. remain in effect for the duration of the State’s participation under
this section; and
ii. be periodically reviewed and revised as necessary by the State to
reflect changes in the State’s strategies and programs under this
section.
C. ADDITIONAL INFORMATION.—The State shall provide notice to the
Secretary—
i. of any substantive changes, including any change to State law or
regulations, relating to the prevention of child abuse and neglect
that may affect the eligibility of the State under this section; and
ii. of any significant changes in how funds provided under this
section are used to support activities described in this section,
which may differ from the activities described in the current State
application.
2. CONTENTS.—A State plan submitted under paragraph (1) shall contain a
description of the activities that the State will carry out using amount received
under the grant to achieve the objectives of this title, including—
A. an assurance that the State plan, to the maximum extent practicable, is
coordinated with the State plan under part B of title IV of the Social
Security Act (42 U.S.C. 621 et seq.) relating to child welfare services and
family preservation and family support services;
B. an assurance in the form of a certification by the Governor of the State that
the State has in effect and is enforcing a State law, or has in effect and is
operating a statewide program, relating to child abuse and neglect that
includes—
26
i. provisions or procedures for an individual to report known and
suspected instances of child abuse and neglect, including a State
law for mandatory reporting by individuals required to report such
instances;
ii. policies and procedures (including appropriate referrals to child
protection service systems and for other appropriate services) to
address the needs of infants born with and identified as being
affected by substance abuse or withdrawal symptoms resulting
from prenatal drug exposure, or a Fetal Alcohol Spectrum
Disorder, including a requirement that health care providers
involved in the delivery or care of such infants notify the child
protective services system of the occurrence of such condition of
such infants, except that such notification shall not be construed
to—
I. establish a definition under Federal law of what constitutes
child abuse or neglect; or
II. require prosecution for any illegal action.
iii. the development of a plan of safe care for the infant born and
identified as being affected by substance abuse or withdrawal
symptoms or Fetal Alcohol Spectrum Disorder to ensure the safety
and well-being of such infant following release from the care of
healthcare providers, including through—
I. addressing the health and substance use disorder treatment
needs of the infant and affected family or caregiver; and
II. the development and implementation by the State of
monitoring systems regarding the implementation of such
plans to determine whether and in what manner local
entities are providing, in accordance with State
requirements, referrals to and delivery of appropriate
services for the infant and affected family or caregiver;
iv. procedures for the immediate screening, risk and safety
assessment, and prompt investigation of such reports;
v. triage procedures, including the use of differential response, for the
appropriate referral of a child not at risk of imminent harm to a
community organization or voluntary preventive service;
vi. procedures for immediate steps to be taken to ensure and protect
the safety of a victim of child abuse or neglect and of any other
child under the same care who may also be in danger of child
abuse or neglect and ensuring their placement in a safe
environment;
vii. provisions for immunity from civil or criminal liability under State
and local laws and regulations for individuals making good faith
reports of suspected or known instances of child abuse or neglect,
or who otherwise provide information or assistance, including
medical evaluations or consultations, in connection with a report,
27
investigation, or legal intervention pursuant to a good faith report
of child abuse or neglect 3;
viii. 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 requirements ensuring that reports and records
made and maintained pursuant to the purposes of this title shall
only be made available to—
I. individuals who are the subject of the report;
II. Federal, State, or local government entities, or any agent of
such entities, as described in clause (ix);
III. child abuse citizen review panels;
IV. child fatality review panels;
V. a grand jury or court, upon a finding that information in the
record is necessary for the determination of an issue before
the court or grand jury; and
VI. other entities or classes of individuals statutorily authorized
by the State to receive such information pursuant to a
legitimate State purpose;
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 child abuse and
neglect;
x. provisions which allow for public disclosure of the findings or
information about the case of child abuse or neglect which has
resulted in a child fatality or near fatality;
xi. the cooperation of State law enforcement officials, court of
competent jurisdiction, and appropriate State agencies providing
human services in the investigation, assessment, prosecution, and
treatment of child abuse and neglect;
xii. 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 services agencies from keeping information on
unsubstantiated reports in their casework files to assist in future
risk and safety assessment;
xiii. provisions and procedures requiring that in every case involving a
victim of child abuse or neglect which results in a judicial
proceeding, a guardian ad litem who has received training
appropriate to the role, including training in early childhood, child,
3 Section 3(b) of P.L. 115-424 also provides Federal immunity from civil liability or criminal prosecution for any individual
making a good faith report, or who provides information or assistance in connection with a report or investigation of child abuse
or neglect; there shall also be a presumption that the person acted in good faith; and if the defendant prevails in a federal civil
action, the court may award costs and reasonable attorney's fees incurred by the defendant.
28
and adolescent development, and who may be an attorney or a
court appointed special advocate who has received training
appropriate to that role (or both), shall be appointed to represent
the child in such proceedings—
I. to obtain first-hand, a clear understanding of the situation
and needs of the child; and
II. to make recommendations to the court concerning the best
interests of the child;
xiv. the establishment of citizen review panels in accordance with
subsection (c);
xv. provisions, procedures, and mechanisms—
I. for the expedited termination of parental rights in the case
of any infant determined to be abandoned under State law;
and
II. by which individuals who disagree with an official finding
of child abuse or neglect can appeal such finding;
xvi. provisions, procedures, and mechanisms that assure that the State
does not require reunification of a surviving child with a parent
who has been found by a court of competent jurisdiction—
I. to have committed murder (which would have been an
offense under section 1111(a) of title 18 if the offense had
occurred in the special maritime or territorial jurisdiction of
the United States) of another child of such parent;
II. to have committed voluntary manslaughter (which would
have been an offense under section 1112(a) of title 18 if the
offense had occurred in the special maritime or territorial
jurisdiction of the United States) of another child of such
parent;
III. to have aided or abetted, attempted, conspired, or solicited
to commit such murder or voluntary manslaughter;
IV. to have committed a felony assault that results in the
serious bodily injury to the surviving child or another child
of such parent;
V. to have committed sexual abuse against the surviving child
or another child of such parent; or
VI. to be required to register with a sex offender registry under
section 113(a) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16913(a));
xvii. an assurance that, upon the implementation by the State of the
provisions, procedures, and mechanisms under clause (xvi),
conviction of any one of the felonies listed in clause (xvi)
constitute grounds under State law for the termination of parental
rights of the convicted parent as to the surviving children (although
case-by-case determinations of whether or not to seek termination
of parental rights shall be within the sole discretion of the State);
29
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 or neglect
investigation, advise the individual of the complaints or allegations
made against the individual, in a manner that is consistent with
laws protecting the rights of the informant;
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;
xxi. provisions and procedures for referral of a child under the age of 3
who is involved in a substantiated case of child abuse or neglect to
early intervention services funded under part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431 et seq.);
xxii. provisions and procedures for requiring criminal background
checks that meet the requirements of section 471(a)(20) of the
Social Security Act (42 U.S.C. 671(a)(20) for prospective foster
and adoptive parents and other adult relatives and non-relatives
residing in the household;
xxiii. provisions for systems of technology that support the State child
protective service system described in subsection (a) and track
reports of child abuse and neglect from intake through final
disposition;
xxiv. provisions and procedures requiring identification and assessment
of all reports involving children known or suspected to be victims
of sex trafficking (as defined in section 103(10) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(10)); and
xxv. provisions and procedures for training child protective services
workers about identifying, assessing, and providing comprehensive
services for children who are sex trafficking victims, including
efforts to coordinate with State law enforcement, juvenile justice,
and social service agencies such as runaway and homeless youth
shelters to serve this population;
C. an assurance that the State has in place procedures for responding to the
reporting of medical neglect (including instances of withholding of
medically indicated treatment from infants with disabilities who have life-
threatening conditions), procedures or programs, or both (within the State
child protective services system), to provide for—
i. coordination and consultation with individuals designated by and
within appropriate health-care facilities;
ii. prompt notification by individuals designated by and within
appropriate health-care facilities of cases of suspected medical
30
neglect (including instances of withholding of medically indicated
treatment from infants with disabilities who have life-threatening
conditions); and
iii. authority, under State law, for the State child protective services
system to pursue any legal remedies, including the authority to
initiate legal proceedings in a court of competent jurisdiction, as
may be necessary to prevent the withholding of medically
indicated treatment from infants with disabilities who have life-
threatening conditions;
D. a description of—
i. the services to be provided under the grant to individuals, families,
or communities, either directly or through referrals aimed at
preventing the occurrence of child abuse and neglect;
ii. the training to be provided under the grant to support direct line
and supervisory personnel in report taking, screening, assessment,
decision making, and referral for investigating suspected instances
of child abuse and neglect;
iii. the training to be provided under the grant for individuals who are
required to report suspected cases of child abuse and neglect;
iv. policies and procedures encouraging the appropriate involvement
of families in decision-making pertaining to children who
experienced child abuse or neglect;
v. policies and procedures that promote and enhance appropriate
collaboration among child protective service agencies, domestic
violence service agencies, substance abuse treatment agencies, and
other agencies in investigations, interventions, and the delivery of
services and treatment provided to children and families affected
by child abuse or neglect, including children exposed to domestic
violence, where appropriate; and
vi. policies and procedures regarding the use of differential response,
as applicable;
E. an assurance or certification that the programs or projects relating to child
abuse and neglect carried out under part B of title IV of the Social Security
Act [42 U.S.C. 621 et seq.] comply with the requirements set forth in
paragraph (1) and this paragraph.
F. an assurance or certification that programs and training conducted under
this title address the unique needs of unaccompanied homeless youth,
including access to enrollment and support services and that such youth
are eligible for under parts B and E of title IV of the Social Security
Act [42 U.S.C. 620 et seq., 670 et seq.] and meet the requirements of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
G. an assurance that the State, in developing the State plan described in
paragraph (1), has collaborated with community-based prevention
agencies and with families affected by child abuse or neglect.
31
Nothing in subparagraph (B) shall be construed to limit the State’s flexibility to determine State
policies relating to public access to court proceedings to determine child abuse and neglect,
except that such policies shall, at a minimum, ensure the safety and well-being of the child,
parents, and families;
3. LIMITATION.—With regard to clauses (vi) and (vii) of paragraph (2)(B),
nothing in this section shall be construed as restricting the ability of a State to
refuse to disclose identifying information concerning the individual initiating a
report or complaint alleging suspected instances of child abuse or neglect, except
that the State may not refuse such a disclosure where a court orders such
disclosure after such court has reviewed, in camera, the record of the State related
to the report or complaint and has found it has reason to believe that the reporter
knowingly made a false report.
4. DEFINITIONS.—For purposes of this subsection—
A. the term “near fatality” means an act that, as certified by a physician,
places the child in serious or critical condition; and
B. the term “serious bodily injury” means bodily injury which involves
substantial risk of death, extreme physical pain, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
c. CITIZEN REVIEW PANELS.—
1. ESTABLISHMENT.—
A. IN GENERAL.—Except as provided in subparagraph (B), each State to
which a grant is made under this section shall establish not less than 3
citizen review panels.
B. EXCEPTIONS.—
i. ESTABLISHMENT OF PANELS BY STATES RECEIVING
MINIMUM ALLOTMENT.—A State that receives the minimum
allotment of $175,000 under section 203(b)(1)(A) [42 U.S.C.
5116(b)(1)(A)] of this title for a fiscal year shall establish not less
than 1 citizen review panel.
ii. DESIGNATION OF EXISTING ENTITIES.—A State may
designate as panels for purposes of this subsection one or more
existing entities established under State or Federal law, such as
child fatality panels or foster care review panels, if such entities
have the capacity to satisfy the requirements of paragraph (4) and
the State ensures that such entities will satisfy such requirements.
2. MEMBERSHIP.—Each panel established pursuant to paragraph (1) shall be
composed of volunteer members who are broadly representative of the
community in which such panel is established, including members who have
expertise in the prevention and treatment of child abuse and neglect, and may
include adult former victims of child abuse or neglect.
3. MEETINGS.—Each panel established pursuant to paragraph (1) shall meet not
less than once every 3 months.
4. FUNCTIONS.—
A. IN GENERAL.—Each panel established pursuant to paragraph (1) shall,
by examining the policies, procedures, and practices of State and local
32
agencies and where appropriate, specific cases, evaluate the extent to
which State and local child protection system agencies are effectively
discharging their child protection responsibilities in accordance with—
i. the State plan under subsection (b) of this section;
ii. the child protection standards set forth in subsection (b) of this
section; and
iii. any other criteria that the panel considers important to ensure the
protection of children, including—
I. a review of the extent to which the State and local child
protective services system is coordinated with the foster
care and adoption programs established under part E of title
IV of the Social Security Act (42 U.S.C. 671 et seq.); and
II. a review of child fatalities and near fatalities (as defined in
subsection (b)(4) [of this section]).
B. CONFIDENTIALITY.—
i. IN GENERAL.—The members and staff of a panel established
under paragraph (1)—
I. shall not disclose to any person or government official any
identifying information about any specific child protection
case with respect to which the panel is provided
information; and
II. shall not make public other information unless authorized
by State statute.
ii. CIVIL SANCTIONS.—Each State that establishes a panel
pursuant to paragraph (1) shall establish civil sanctions for a
violation of clause (i).
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).
5. STATE ASSISTANCE.—Each State that establishes a panel pursuant to
paragraph (1)—
A. shall provide the panel access to information on cases that the panel
desires to review if such information is necessary for the panel to carry out
its functions under paragraph (4); and
B. shall provide the panel, upon its request, staff assistance for the
performance of the duties of the panel.
6. REPORTS.—Each panel established under paragraph (1) shall prepare and make
available to the State and the public, on an annual basis, a report containing a
summary of the activities of the panel 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 State and local child
protection systems and the citizen review panel that describes whether or how the
State will incorporate the recommendations of such panel (where appropriate) to
33
make measurable progress in improving the State and local child protection
system.
d. ANNUAL STATE DATA REPORTS.—Each State to which a grant is made under this
section 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 victims
of child abuse or neglect.
2. Of the number of children described in paragraph (1), the number with respect to
whom such reports were—
A. substantiated;
B. unsubstantiated; or
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 section or an equivalent State program;
B. the number that received services during the year under the State program
funded under this section 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, including use of
differential response, 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.
A. The number of child protective service personnel responsible for the—
i. intake of reports filed in the previous year;
ii. screening of such reports;
iii. assessment of such reports; and
iv. investigation of such reports.
B. The average caseload for the workers described in subparagraph (A).
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 child abuse or neglect has been made.
10. For child protective service personnel responsible for intake, screening,
assessment, and investigation of child abuse and neglect reports in the State—
A. information on the education, qualifications, and training requirements
established by the State for child protective service professionals,
including for entry and advancement in the profession, including
advancement to supervisory positions;
B. data of the education, qualifications, and training of such personnel;
C. demographic information of the child protective service personnel; and
34
D. information on caseload or workload requirements for such personnel,
including requirements for average number and maximum number of
cases per child protective service worker and supervisor.
11. The number of children reunited with their families or receiving family
preservation services that, within five years, result in subsequent substantiated
reports of child abuse or neglect, including the death of the child.
12. The number of children for whom individuals were appointed by the court to
represent the best interests of such children and the average number of out of
court contacts between such individuals and children.
13. The annual report containing the summary of 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.
15. The number of children referred to a child protective services system under
subsection (b)(2)(B)(ii).
16. The number of children determined to be eligible for referral, and the number of
children referred, under subsection (b)(2)(B)(xxi), to agencies providing early
intervention services under part C of the Individuals with Disabilities Education
Act (20 U.S.C. 1431 et seq.).
17. The number of children determined to be victims described in subsection
(b)(2)(B)(xxiv).
18. The number of infants—
A. identified under subsection (b)(2)(B)(ii);
B. for whom a plan of safe care was developed under subsection
(b)(2)(B)(iii); and
C. for whom a referral was made for appropriate services, including services
for the affected family or caregiver; under subsection (b)(2)(B)(iii).
e. ANNUAL REPORT BY SECRETARY.—Within 6 months after receiving the State
reports under subsection (d) of this section, the Secretary shall prepare a report based on
information provided by the States for the fiscal year under such subsection and shall
make the report and such information available to the Congress and the national
clearinghouse for information relating to child abuse and neglect.
f. ALLOTMENTS.—
1. DEFINITIONS.—In this subsection:
A. FISCAL YEAR 2009 GRANT FUNDS.—The term ‘fiscal year 2009
grant funds’ means the amount appropriated under section 112 for fiscal
year 2009, and not reserved under section 112(a)(2).
B. GRANT FUNDS.—The term ‘grant funds’ means the amount
appropriated under section 112 for a fiscal year and not reserved under
section 112(a)(2).
C. STATE.—The term ‘State’ means each of the several States, the District
of Columbia, and the Commonwealth of Puerto Rico.
D. TERRITORY.—The term The term ‘territory’ means Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
35
2. IN GENERAL.—Except as otherwise provided in this section, the Secretary shall
make allotments to each State and territory that applies for a grant under this
section in an amount equal to the sum of—
A. $50,000; and
B. an amount that bears the same relationship to any grant funds remaining
after all such States and territories have received $50,000, as the number
of children under the age of 18 in the State or territory bears to the number
of such children in all States and territories that apply for such a grant.
3. ALLOTMENTS FOR DECREASED APPROPRIATION YEARS.—In the case
where the grant funds for a fiscal year are less than the fiscal year 2009 grant
funds, the Secretary shall ratably reduce each of the allotments under paragraph
(2) for such fiscal year.
4. ALLOTMENTS FOR INCREASED APPROPRIATION YEARS.—
A. MINIMUM ALLOTMENTS TO STATES FOR INCREASED
APPROPRIATION YEARS.—In any fiscal year for which the grant funds
exceed the fiscal year 2009 grant funds by more than $1,000,000, the
Secretary shall adjust the allotments under paragraph (2), as necessary,
such that no State that applies for a grant under this section receives an
allotment in an amount that is less than—
i. $100,000, for a fiscal year in which the grant funds exceed the
fiscal year 2009 grant funds by more than $1,000,000 but less than
$2,000,000;
ii. $125,000, for a fiscal year in which the grant funds exceed the
fiscal year 2009 grant funds by at least $2,000,000 but less than
$3,000,000; and
iii. $150,000, for a fiscal year in which the grant funds exceed the
fiscal year 2009 grant funds by at least $3,000,000.
B. ALLOTMENT ADJUSTMENT.—In the case of a fiscal year for which
subparagraph (A) applies and the grant funds are insufficient to satisfy the
requirements of such subparagraph (A), paragraph (2), and paragraph (5),
the Secretary shall, subject to paragraph (5), ratably reduce the allotment
of each State for which the allotment under paragraph (2) is an amount
that exceeds the applicable minimum under subparagraph (A), as
necessary to ensure that each State receives the applicable minimum
allotment under subparagraph (A).
5. HOLD HARMLESS.—Notwithstanding paragraphs (2) and (4), except as
provided in paragraph (3), no State or territory shall receive a grant under this
section in an amount that is less than the amount such State or territory received
under this section for fiscal year 2009.
Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION
AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [42 U.S.C. 5106c]
a. GRANTS TO STATES.—The Secretary, in consultation with the Attorney General, is
authorized to make grants to the States for the purpose of assisting States in developing,
establishing, and operating programs designed to improve—
36
1. the assessment and investigation of suspected child abuse and neglect cases,
including cases of suspected child sexual abuse and exploitation, in a manner that
limits additional trauma to the child and the child’s family;
2. the assessment and investigation of cases of suspected child abuse-related
fatalities and suspected child neglect-related fatalities;
3. the investigation and prosecution of cases of child abuse and neglect, including
child sexual abuse and exploitation; and
4. the assessment and investigation of cases involving children with disabilities or
serious health-related problems who are suspected victims of child abuse or
neglect.
b. ELIGIBILITY REQUIREMENTS.—In order for a State to qualify for assistance under
this section, such State shall—
1. fulfill the requirements of section 106(b) [of this title];
2. establish a task force as provided in subsection (c) [of this section];
3. fulfill the requirements of subsection (d) [of this section];
4. submit annually an application to the Secretary at such time and containing such
information and assurances as the Secretary considers necessary, including an
assurance that the State will—
A. make such reports to the Secretary as may reasonably be required; and
B. maintain and provide access to records relating to activities under
subsections (a) and (b) of this section; and
5. submit annually to the Secretary a report on the manner in which assistance
received under this program was expended throughout the State, with particular
attention focused on the areas described in paragraphs (1) through (3) of
subsection (a) of this section.
c. STATE TASK FORCES.—
1. GENERAL RULE.—Except as provided in paragraph (2), a State requesting
assistance under this section shall establish or designate, and maintain, a State
multidisciplinary task force on children’s justice (hereinafter referred to as “State
task force”) composed of professionals with knowledge and experience relating to
the criminal justice system and issues of child physical abuse, child neglect, child
sexual abuse and exploitation, and child maltreatment related fatalities. The State
task force shall include—
A. individuals representing the law enforcement community;
B. judges and attorneys involved in both civil and criminal court proceedings
related to child abuse and neglect (including individuals involved with the
defense as well as the prosecution of such cases);
C. child advocates, including both attorneys for children and, where such
programs are in operation, court appointed special advocates;
D. health and mental health professionals;
E. individuals representing child protective service agencies;
F. individuals experienced in working with children with disabilities;
G. parents;
H. representatives of parents’ groups;
I. adult former victims of child abuse and or neglect; and
37
J. individuals experienced in working with homeless children and youths (as
defined in section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a)).
2. EXISTING TASK FORCE.—As determined by the Secretary, a State
commission or task force established after January 1, 1983, with substantially
comparable membership and functions, may be considered the State task force for
purposes of this subsection.
d. STATE TASK FORCE STUDY.—Before a State receives assistance under this section,
and at three year intervals thereafter, the State task force shall comprehensively—
1. review and evaluate State investigative, administrative and both civil and criminal
judicial handling of cases of child abuse and neglect, including child sexual abuse
and exploitation, as well as cases involving suspected child maltreatment related
fatalities and cases involving a potential combination of jurisdictions, such as
intrastate, interstate, Federal-State, and State-Tribal; and
2. make policy and training recommendations in each of the categories described in
subsection (e) of this section. The task force may make such other comments and
recommendations as are considered relevant and useful.
e. ADOPTION OF STATE TASK FORCE RECOMMENDATIONS.—
1. GENERAL RULE.—Subject to the provisions of paragraph (2), before a State
receives assistance under this section, a State shall adopt recommendations of the
State task force in each of the following categories—
A. investigative, administrative, and judicial handling of cases of child abuse
and neglect, including child sexual abuse and exploitation, as well as cases
involving suspected child maltreatment related fatalities and cases
involving a potential combination of jurisdictions, such as intrastate,
interstate, Federal-State, and State-Tribal, in a manner which reduces the
additional trauma to the child victim and the victim’s family and which
also ensures procedural fairness to the accused;
B. experimental, model, and demonstration programs for testing innovative
approaches and techniques which may improve the prompt and successful
resolution of civil and criminal court proceedings or enhance the
effectiveness of judicial and administrative action in child abuse and
neglect cases, particularly child sexual abuse and exploitation cases,
including the enhancement of performance of court appointed attorneys
and guardians ad litem for children, and which also ensure procedural
fairness to the accused; and
C. reform of State laws, ordinances, regulations, protocols, and procedures to
provide comprehensive protection for children, which may include those
children involved in reports of child abuse or neglect with a potential
combination of jurisdictions, such as intrastate, interstate, Federal-State,
and State-Tribal, from child abuse and neglect, including child sexual
abuse and exploitation, while ensuring fairness to all affected persons.
2. EXEMPTION.—As determined by the Secretary, a State shall be considered to be
in fulfillment of the requirements of this subsection if—
A. the State adopts an alternative to the recommendations of the State task
force, which carries out the purpose of this section, in each of the
38
categories under paragraph (1) for which the State task force’s
recommendations are not adopted; or
B. the State is making substantial progress toward adopting recommendations
of the State task force or a comparable alternative to such
recommendations.
f. FUNDS AVAILABLE.—For grants under this section, the Secretary shall use the
amount authorized by section 10603a of this title (42 U.S.C. 10603a).
Sec. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [42
U.S.C. 5106d]
a. CONSTRUCTION OF FACILITIES.—
1. RESTRICTION ON USE OF FUNDS.—Assistance provided under this Act may
not be used for construction of facilities.
2. LEASE, RENTAL, OR REPAIR.—The Secretary may authorize the use of funds
received under this Act—
A. where adequate facilities are not otherwise available, for the lease or rental
of facilities; or
B. for the repair or minor remodeling or alteration of existing facilities.
b. GEOGRAPHICAL DISTRIBUTION.—The Secretary shall establish criteria designed to
achieve equitable distribution of assistance under this Act among the States, among
geographic areas of the Nation, and among rural and urban areas of the Nation. To the
extent possible, the Secretary shall ensure that the citizens of each State receive
assistance from at least one project under this Act.
c. LIMITATION.—No funds appropriated for any grant or contract pursuant to
authorizations made in this Act may be used for any purpose other than that for which
such funds were authorized to be appropriated.
d. SENSE OF CONGRESS.—It is the sense of Congress that the Secretary should
encourage all States and public and private entities that receive assistance under this title
to—
1. ensure that children and families with limited English proficiency who participate
in programs under this title are provided with materials and services through such
programs in an appropriate language other than English; and
2. ensure that individuals with disabilities who participate in programs under this
title are provided with materials and services through such programs that are
appropriate to their disabilities.
e. ANNUAL REPORT.—State that receives funds under section 106(a) [42 U.S.C. 5106A]
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 106.
Sec. 109. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS [42
U.S.C. 5106e]
The Secretary shall prescribe regulations and make such arrangements as may be necessary or
appropriate to ensure that there is effective coordination among programs related to child abuse
and neglect under this Act and other such programs which are assisted by Federal funds.
39
Sec. 110. REPORTS. [42 U.S.C. 5106f]
a. COORDINATION EFFORTS.—Not later than 1 year after the date of enactment of the
CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on efforts to coordinate the
objectives and activities of agencies and organizations which are responsible for
programs and activities related to child abuse and neglect. Not later than 3 years after that
date of enactment, the Secretary shall submit to those committees a second report on such
efforts during the 3-year period following that date of enactment. Not later than 5 years
after that date of enactment, the Secretary shall submit to those committees a third report
on such efforts during the 5-year period following that date of enactment.
b. EFFECTIVENESS OF STATE PROGRAMS AND TECHNICAL ASSISTANCE.—Not
later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010
and every 2 years thereafter, the Secretary shall submit to Committee on Education and
Labor of the House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report evaluating the effectiveness of programs receiving
assistance under section 106 in achieving the objectives of section 106.
c. STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.—
1. IN GENERAL.—The Secretary shall conduct a study to determine the
effectiveness of citizen review panels, established under section 106(c), in
achieving the stated function of such panels under section 106(c)(4)(A) of—
A. examining the policies, procedures, and practices of State and local child
protection agencies; and
B. evaluating the extent to which such State and local child protection
agencies are fulfilling their child protection responsibilities, as described
in clauses (i) through (iii) of section 106(c)(4)(A).
2. CONTENT OF STUDY.—The study described in paragraph (1) shall be
completed in a manner suited to the unique design of citizen review panels,
including consideration of the variability among the panels within and between
States. The study shall include the following:
A. Data describing the membership, organizational structure, operation, and
administration of all citizen review panels and the total number of such
panels in each State.
B. A detailed summary of the extent to which collaboration and information-
sharing occurs between citizen review panels and State child protective
services agencies or any other entities or State agencies. The summary
shall include a description of the outcomes that result from collaboration
and information sharing.
C. Evidence of the adherence and responsiveness to the reporting
requirements under section 106(c)(6) by citizen review panels and States.
3. REPORT.—Not later than 2 years after the date of enactment of the CAPTA
Reauthorization Act of 2010, the Secretary shall submit to the to the Committee
on Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives a report that contains the
results of the study conducted under paragraph (1).
40
d. STUDY AND REPORT RELATING TO IMMUNITY FROM PROSECUTION FOR
PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN INSTANCES
OF CHILD ABUSE AND NEGLECT.—
1. STUDY.—The Secretary shall complete a study, in consultation with experts in
the provision of healthcare, law enforcement, education, and local child welfare
administration, that examines how provisions for immunity from prosecution
under State and local laws and regulations facilitate and inhibit individuals
cooperating, consulting, or assisting in making good faith reports, including
mandatory reports, of suspected or known instances of child abuse or neglect.
2. REPORT.—Not later than 1 year after the date of the enactment of the CAPTA
Reauthorization Act of 2010, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives a report that contains the
results of the study conducted under paragraph (1) and any recommendations for
statutory or regulatory changes the Secretary determines appropriate. Such report
may be submitted electronically.
Sec. 111. DEFINITIONS. [42 US.C. 5106g]
a. Definitions.— For purposes of this title [42 U.S.C. 5101 et. seq.]—
1. the term ‘Alaska Native’ has the meaning given the term ‘Native’ in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602);
2. the term ‘infant or toddler with a disability’ has the meaning given in section 632 of the
Individuals with Disabilities Education Act (20 U.S.C. 1432);
3. the term ‘Native Hawaiian’ has the meaning given the term in section 7207 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C 7517);
4. the term “sexual abuse” includes—
A. the employment, use, persuasion, inducement, enticement, or coercion of any
child to engage in, or assist any other person to engage in, any sexually explicit
conduct or simulation of such conduct for the purpose of producing a visual
depiction of such conduct; or
B. the rape, and in cases of caretaker or inter-familial relationships, statutory rape,
molestation, prostitution, or other form of sexual exploitation of children, or
incest with children; and
5. the term “withholding of medically indicated treatment” means the failure to respond to
the infant’s life-threatening conditions by providing treatment (including appropriate
nutrition, hydration, and medication) which, in the treating physician’s or physicians’
reasonable medical judgment, will be most likely to be effective in ameliorating or
correcting all such conditions, except that the term does not include the failure to provide
treatment (other than appropriate nutrition, hydration, or medication) to an infant when,
in the treating physician’s or physicians’ reasonable medical judgment—
A. the infant is chronically and irreversibly comatose;
B. the provision of such treatment would—
i. merely prolong dying;
ii. not be effective in ameliorating or correcting all of the infant’s life-
threatening conditions; or
41
iii. otherwise be futile in terms of the survival of the infant; or
C. the provision of such treatment would be virtually futile in terms of the survival of
the infant and the treatment itself under such circumstances would be inhumane.
b. SPECIAL RULE.—
1. IN GENERAL. – For purposes of section 3(2) and subsection (a)(4), a child shall be
considered a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is
identified, by a State or local agency employee of the State or locality involved, as being
a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of
trafficking in persons described in paragraph (9)(A) of that section.
2. STATE OPTION.— Notwithstanding the definition of ‘child’ in section (3)(1), a State
may elect to define that term for purposes of the application of paragraph (1) to section
(3)(2) and subsection (a)(4) as a person who has not attained the age of 24.
Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5106h]
a. IN GENERAL.—
1. GENERAL AUTHORIZATION.—There are authorized to be appropriated to
carry out this title, $120,000,000 for fiscal year 2010, and such sums as may be
necessary for each of the fiscal years 2011 through 2015.
2. DISCRETIONARY ACTIVITIES.—
A. IN GENERAL.—Of the amounts appropriated for a fiscal year under
paragraph (1), the Secretary shall make available 30 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 shall make available not
more than 40 percent of such amounts to carry out section 104.
b. AVAILABILITY OF FUNDS WITHOUT FISCAL YEAR LIMITATION. — The
Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall
remain available until expended for the purposes for which they were appropriated.
Sec. 113. RULE OF CONSTRUCTION. [42 U.S.C. 5106i]
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, child 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 services 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
42
child, or to prevent the withholding of medically indicated treatment from children with
life threatening conditions. Except with respect to the withholding of medically indicated
treatments from disabled infants 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. 114. MONITORING AND OVERSIGHT.
The Secretary shall conduct monitoring to ensure that each State that receives a grant under
section 106 is in compliance with the requirements of section 106(b), which—
1. shall—
A. be in addition to the review of the State plan upon its submission under
section 106(b)(1)(A); and
B. include monitoring of State policies and procedures required under clauses (ii)
and (iii) of section 106(b)(2)(B); and
2. may include—
A. a comparison of activities carried out by the State to comply with the
requirements of section 106(b) with the State plan most recently approved
under section 432 of the Social Security Act;
B. a review of information available on the website of the State relating to its
compliance with the requirements of section 106(b);
C. site visits, as may be necessary to carry out such monitoring; and
D. a review of information available in the State’s Annual Progress and Services
Report most recently submitted under section 1357.16 of title 45, Code of
Federal Regulations (or successor regulations).
TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF
CHILD ABUSE AND NEGLECT
Sec. 201. PURPOSE AND AUTHORITY. [42 U.S.C. 5116]
a. PURPOSE.—It is the purpose of this title—
1. to support community-based efforts to develop, operate, expand, enhance, and
coordinate initiatives, programs, and activities to prevent child abuse and neglect
and to support the coordination of resources and activities, to better strengthen
and support families to reduce the likelihood of child abuse and neglect; and
2. to foster an understanding, appreciation, and knowledge of diverse populations in
order to be effective in preventing and treating child abuse and neglect.
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 (referred to in this title as the “lead
entity”) under section 202(1) for the purpose of—
1. developing, operating, expanding, and enhancing community-based and
prevention-focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect that are accessible, effective, culturally
appropriate, and build on existing strengths that—
43
A. offer assistance to families;
B. provide early, comprehensive support for parents;
C. promote the development of parenting skills, 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, including
access to such resources and opportunities for unaccompanied homeless
youth;
F. support the additional needs of families with children with disabilities
through respite care and other services;
G. demonstrate a commitment to involving parents in the planning and
program implementation of the lead agency and entities carrying out local
programs funding under this title, including involvement of parents of
children with disabilities, parents who are individuals with disabilities,
racial and ethnic minorities, and members of other underrepresented or
underserved groups; and;
H. provide referrals to early health and developmental services;
2. fostering the development of a continuum of preventive services for children and
families, including unaccompanied homeless youth, through State and
community-based collaborations and partnerships both public and private;
3. financing the start-up, maintenance, expansion, or redesign of specific
community-based child abuse and neglect prevention program services (such as
respite care services, child abuse and neglect prevention activities, disability
services, mental health services, substance abuse treatment services, domestic
violence services, housing services, transportation, adult education, home visiting
and other similar services) identified by the inventory and description of current
services required under section 205(a)(3) as an unmet need, and integrated with
the network of community-based child abuse and neglect prevention program to
the extent practicable given funding levels and community priorities;
4. maximizing funding through leveraging of funds for the financing, planning,
community mobilization, collaboration, assessment, information and referral,
startup, training and technical assistance, information management and reporting,
reporting and evaluation costs for establishing, operating, or expanding
community-based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and neglect; 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. [42 U.S.C. 5116a]
A State shall be eligible for a grant under this title for a fiscal year if—
1.
44
A. the Governor of the State has designated a lead entity to administer funds under
this title for the purposes identified under the authority of this title, including to
develop, implement, operate, enhance, or expand community-based and
prevention-focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect;
B. such lead entity is an existing public, quasi-public, or nonprofit private entity
(which may be an entity that has not been established pursuant to State legislation,
executive order, or any other written authority of the State that exists to strengthen
and support families to prevent child abuse and neglect) with a demonstrated
ability to work with other State and community-based agencies to provide training
and technical assistance, and that has the capacity and commitment to ensure the
meaningful involvement of parents who are consumers and who can provide
leadership in the planning, implementation, and evaluation of programs and
policy decisions of the applicant agency in accomplishing the desired outcomes
for such efforts;
C. in determining which entity to designate under subparagraph (A), the Governor
should give priority consideration equally to a trust fund advisory board of the
State or to 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
D. in the case of a State that has designated a State trust fund advisory board for
purposes of administering funds under this title (as such, title was in effect on the
date of the enactment of the Child Abuse Prevention and Treatment Act
Amendments of 1996) and in which one or more entities that leverage Federal,
State, and private funds (as described in subparagraph (C)) exist, the Governor
shall designate the lead entity only after full consideration of the capacity and
expertise of all entities desiring to be designated under subparagraph (A);
2. the Governor of the State provides assurances that the lead entity will provide or will be
responsible for providing—
A. community-based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and neglect composed of
local, collaborative, public-private partnerships directed by interdisciplinary
structures with balanced representation from private and public sector members,
parents, adult former victims of child abuse and neglect, and public and private
nonprofit service providers and individuals and organizations experienced in
working in partnership with families with children with disabilities;
B. direction through an interdisciplinary, collaborative, public-private structure with
balanced representation from private and public sector members, parents, adult
former victims of child abuse and neglect, public sector and private nonprofit
sector service providers, and parents with disabilities; and
C. direction and oversight through identified goals and objectives, clear lines of
communication and accountability, the provision of leveraged or combined
funding from Federal, State, and private sources, centralized assessment and
planning activities, the provision of training and technical assistance, and
reporting and evaluation functions; and
45
3. the Governor of the State provides assurances that the lead entity—
A. has a demonstrated commitment to parental participation in the development,
operation, and oversight of the community-based and prevention-focused
programs and activities designed to strengthen and support families to prevent
child abuse and neglect;
B. has a demonstrated ability to work with State and community-based public and
private nonprofit organizations to develop a continuum of preventive, family
centered, comprehensive services for children and families through the
community-based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and neglect ;
C. has the capacity to provide operational support (both financial and programmatic)
training, technical assistance, and evaluation assistance, to community-based and
prevention-focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect, through innovative, interagency
funding and interdisciplinary service delivery mechanisms; and
D. will integrate its efforts with individuals and organizations experienced in
working in partnership with families with children with disabilities, parents with
disabilities, and with the child abuse and neglect prevention activities of the State,
and demonstrate a financial commitment to those activities.
Sec. 203. AMOUNT OF GRANT. [42 U.S.C. 5116b]
a. RESERVATION.—The Secretary shall reserve 1 percent of the amount appropriated
under section 5116i of this title for a fiscal year to make allotments to Indian tribes and
tribal organizations and migrant programs.
b. REMAINING AMOUNTS.—
1. IN GENERAL.—The Secretary shall allot the amount appropriated under section
5116i of this title for a fiscal year and remaining after the reservation under
subsection (a) of this section among the States as follows:
A. 70-PERCENT.—70 percent of such amount appropriated shall be allotted
among the States by allotting to each State an amount that bears the same
proportion to such amount appropriated as the number of children under
the age of 18 residing in the State bears to the total number of children
under the age of 18 residing in all States (except that no State shall receive
less than $175,000 under this subparagraph).
B. 30-PERCENT.—30 percent of such amount appropriated shall be allotted
among the States by allotting to each State an amount that bears the same
proportion to such amount appropriated as the amount of private, State, or
other non-Federal funds leveraged and directed through the currently
designated State lead entity in the preceding fiscal year bears to the
aggregate of the amounts leveraged by all States from private, State, or
other non-Federal sources and directed through the current lead entity of
such States in the preceding fiscal year.
2. ADDITIONAL REQUIREMENTS.—The Secretary shall provide allotments
under paragraph (1) to the State lead entity.
c. ALLOCATION.—Funds allotted to a State under this section—
46
1. shall be for a 3-year period; and
2. shall be provided by the Secretary to the State on an annual basis, as described in
subsection (b) of this section
Sec. 204. APPLICATION. [42 U.S.C. 5116d]
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 community-
based and prevention-focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect which meets the requirements of section 202;
2. a description of how the community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent child abuse and neglect
will operate, including how community-based child abuse and neglect prevention
programs provided by public and private, nonprofit organizations, will be integrated into
a developing continuum of family centered, holistic, preventive services for children and
families;
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. a budget for the development, operation, and expansion of the community-based and
prevention-focused programs and activities designed to strengthen and support families to
prevent child abuse and neglect that verifies that the State will expend in non-Federal
funds an amount equal to not less than 20 percent of the amount received under this title
(in cash, not in-kind) for activities under this title;
5. an assurance that funds received under this title will supplement, not supplant, other State
and local public funds designated for the 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. a description of the State’s capacity to ensure the meaningful involvement of parents who
are consumers, of family advocates, and of adult former victims of child abuse or
neglect, who can provide leadership in the planning, implementation, and evaluation of
the programs and policy decisions of the applicant agency in accomplishing the desired
outcomes for such efforts;
7. a description of the criteria that the entity will use to develop, or select and fund,
community-based and prevention-focused programs and activities designed to strengthen
and support families to prevent child abuse and neglect as part of network development,
expansion, or enhancement;
8. a description of outreach activities that the entity and the community-based and
prevention-focused programs designed to strengthen and support families to prevent child
abuse and neglect will undertake to maximize the participation of racial and ethnic
minorities, children and adults with disabilities, homeless families and those at risk of
47
homelessness, unaccompanied homeless youth, and members of other underserved or
underrepresented groups;
9. a plan for providing operational support, training, and technical assistance to community-
based and prevention-focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect for development, operation, expansion and
enhancement activities;
10. a description of how the applicant entity’s activities and those of the network and its
members (where appropriate) will be evaluated;
11. a description of the actions that the applicant entity will take to advocate systemic
changes in State policies, practices, procedures, and regulations to improve the delivery
of community-based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and neglect services to children
and families; and
12. 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. 205. LOCAL PROGRAM REQUIREMENTS. [42 U.S.C. 5116e]
a. IN GENERAL.—Grants made under this title shall be used to develop, implement, operate,
expand, and enhance community-based, and prevention-focused programs and activities
designed to strengthen and support families to prevent child abuse and neglect that—
1. assess community assets and needs through a planning process that involves parents,
local public agencies, local nonprofit organizations, and private sector representatives
in meaningful roles;
2. develop a comprehensive strategy to provide a continuum of preventive, family-
centered services to children and families, especially to young parents, to parents with
young children, and to parents who are adult former victims of domestic violence or
child abuse or neglect, through public-private partnerships;
3.
A. provide for core child abuse and neglect prevention services, which may be
provided directed by the local recipient of the grant funds or through grants or
agreements with other local agencies, such as—
i. parent education, mutual support and self help, and parent leadership
services;
ii. respite care services;
iii. outreach and followup services, which may include voluntary home
visiting services; and
iv. community and social service referrals; and
B. provide access to optional services, including—
i. referral to and counseling for adoption services for individuals
interested in adopting a child or relinquishing their child for adoption;
ii. child care, early childhood education and care, and intervention
services;
iii. referral to services and supports to meet the additional needs of
families with children with disabilities and parents who are individuals
with disabilities;
48
iv. referral to job readiness services;
v. referral to educational services, such as academic tutoring, literacy
training, and General Educational Degree services;
vi. self-sufficiency and life management skills training;
vii. community referral services, including early developmental screening
of children;
viii. peer counseling; and
ix. domestic violence service programs that provide services and
treatment to children and their non-abusing caregivers.
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 child abuse and neglect prevention program services; and
6. participate with other community-based and prevention-focused programs and
activities designed to strengthen and support families to prevent child abuse and
neglect in the development, operation, and expansion of networks where appropriate.
b. PRIORITY.—In awarding local grants under this title, a lead entity shall give priority to
effective community-based programs serving low-income communities and those serving
young parents or parents with young children, including community-based child abuse and
neglect prevention programs.
Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f]
A State receiving a grant under this title, through reports provided to the Secretary—
1. shall demonstrate the effective development, operation, and expansion of a community-
based and prevention-focused programs and activities designed to strengthen and support
families to prevent child abuse and neglect that meets the requirements of this title;
2. shall supply an inventory and description of the services provided to families by local
programs that meet identified community needs, including core and optional services as
described in section 202 which description shall specify whether those services are
supported by research;
3. shall demonstrate that they will have addressed unmet needs identified by the inventory
and description of current services required under section 204(3)4;
4. shall describe the number of families served, including families with children with
disabilities, and parents with disabilities, and the involvement of a diverse representation
of families in the design, operation, and evaluation of community-based and prevention-
focused programs and activities designed to strengthen and support families to prevent
child abuse and neglect, and in the design, operation and evaluation of the networks of
such community-based and prevention-focused programs;
5. shall demonstrate a high level of satisfaction among families who have used the services
of the community-based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and neglect;
4 This represents the probable intent of Congress. The 2010 CAPTA reauthorization changed 205(3) to 204(3) in
paragraph (4), but that citation does not exist in paragraph (4).
49
6. shall 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 community-based and prevention-focused
programs and activities designed to strengthen and support families to prevent child
abuse and neglect;
7. shall describe the results of evaluation, or the outcomes of monitoring, conducted under
the State program to demonstrate the effectiveness of activities conducted under this title
in meeting the purposes or the program; and
8. shall demonstrate an implementation plan to ensure the continued leadership of parents in
the on-going planning, implementation, and evaluation of such community-based and
prevention-focused programs and activities designed to strengthen and support families to
prevent child abuse and neglect.
Sec. 207. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS. [42 U.S.C. 5116g]
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 community-based and prevention-focused programs and activities designed to
strengthen and support families to prevent child abuse and neglect;
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. 208. DEFINITIONS. [42 U.S.C. 5116h]
For purposes of this title:
1. 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 care services, health and mental health services, employability
development and job training, and other social services, including early developmental
screening of children, through help lines or other methods.
2. COMMUNITY-BASED AND PREVENTION-FOCUSED PROGRAMS AND
ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT.—The term
"community-based and prevention-focused programs and activities 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
50
community programs or networks of such programs that provide activities that are
designed to prevent or respond to child abuse and neglect.
3. RESPITE CARE SERVICES.— The term “respite care services” means short term care
services, including the services of crisis nurseries, provided in the temporary absence of
the regular caregiver (parent, other relative, foster parent, adoptive parent, or guardian) to
children who—
A. are in danger of child abuse or neglect;
B. have experienced child abuse or neglect; or
C. have disabilities or 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. 209. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5116i]
There are authorized to be appropriated to carry out this title, $80,000,000 for fiscal year
2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015.
SECTION II: ADOPTION OPPORTUNITIES
Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [42
U.S.C. 5111]
a. FINDINGS.—Congress finds that—
1. on the last day of fiscal year 2009, some 424,000 children were living in temporary
foster family homes or other foster care settings;
2. most children in foster care are victims of child abuse or neglect by their biological
parents and their entry into foster care brought them the additional trauma of
separation from their homes and often their communities;
3. on average, children entering foster care have more physical and mental health needs
than do children in the general population, and some require intensive services
because the children entering foster care—
A. were born to mothers who did not receive prenatal care;
B. were born with life-threatening conditions or disabilities;
C. were born addicted to alcohol or other drugs; or
D. have HIV/AIDS;
4. each year, thousands of children in foster care, regardless of their age, the size of the
sibling group they are a part of, their racial or ethnic status, their medical condition,
or any physical, mental or emotional disability they may have, are in need of
placement with permanent, loving, adoptive families;
5.
51
A. States have made important strides in increasing the number of children who
are placed in permanent homes with adoptive parents and in reducing the
length of time children wait for such a placement; and
B. many thousands of children, however, still remain in institutions or foster
homes solely because of legal and other barriers to such a placement;
6.
A. on the last day of fiscal year 2009, there were 115,000 children waiting for
adoption;
B. children waiting for adoption have had parental rights of all living parents
terminated or the children have a permanency goal of adoption;
C.
i. the average age of children adopted with public child welfare agency
involvement during fiscal year 2009 was a little more than 6 years; and
ii. the average age of children waiting for adoption on the last day of that
fiscal year was a little more than 8 years of age and more than 30,000
of those children were 12 years of age or older; and
D.
i. 25 percent of the children adopted with public child welfare agency
involvement during fiscal year 2009 were African-American; and
ii. 30 percent of the children waiting for adoption on the last day of fiscal
year 2009 were African-American;
7. adoption may be the best alternative for assuring the healthy development of children
placed in foster care;
8. there are qualified persons seeking to adopt such children who are unable to do so
because of barriers to their placement and adoption; and
9. in order both to enhance the stability of and love in the home environments of such
children and to avoid wasteful expenditures of public funds, such children—
A. should not have medically indicated treatment withheld from them; or
B. be maintained in foster care or institutions when adoption is appropriate and
families can be found for such children.
b. PURPOSE.—It is the purpose of this title to facilitate the elimination of barriers, including
geographic barriers, to adoption and to provide permanent and loving home environments for
children who would benefit from adoption, particularly older children, minority children, and
children with special needs, including disabled infants with life-threatening conditions, by
providing a mechanism to—
1. promote quality standards for adoption services, pre-placement, post-placement, and
post-legal adoption counseling, and standards to protect the rights of children in need
of adoption;
2. maintain an Internet-based national adoption information exchange system to—
A. bring together children who would benefit from adoption and qualified
prospective adoptive parents who are seeking such children;
B. conduct national recruitment efforts in order to reach prospective parents for
children awaiting adoption; and
C. connect placement agencies, prospective adoptive parents, and adoptive
parents to resources designed to reduce barriers to adoption, support adoptive
families, and ensure permanency; and
52
3. demonstrate expeditious ways to free children for adoption for whom it has been
determined that adoption is the appropriate plan.
Sec. 203. INFORMATION AND SERVICES. [42 U.S.C. 5113]
a. ESTABLISHMENT IN DEPARTMENT OF HEALTH AND HUMAN SERVICES.—
IN GENERAL.—The Secretary shall establish in the Department of Health and Human
Services an appropriate administrative arrangement to provide a centralized focus for
planning and coordinating of all departmental activities affecting adoption and foster care
and for carrying out the provisions of this title. The Secretary shall make available such
consultant services, on-site technical assistance and personnel, together with appropriate
administrative expenses, including salaries and travel costs, as are necessary for carrying
out such purposes, including services to facilitate the adoption of older children, minority
children, and children with special needs, particularly infants and toddlers with
disabilities who have life-threatening conditions, and services to families considering
adoption of children with special needs.
b. REQUIRED ACTIVITIES.— In connection with carrying out the provisions of this title,
the Secretary shall—
1. conduct (directly or by grant to or contract with public or private agencies or
organizations) an education and training program on adoption, and prepare,
publish, and disseminate (directly or by grant to or contract with public or private
agencies and organizations) to all interested parties, public and private agencies
and organizations (including, but not limited to, hospitals, health care and family
planning clinics, and social services agencies), and governmental bodies,
information and education and training materials regarding adoption, adoption
assistance programs, and post-legal adoption services;
2. conduct, directly or by grant or contract with public or private organizations,
ongoing, extensive recruitment efforts on a national level, including efforts to
promote the adoption of older children, minority children, and children with
special needs, develop national public awareness efforts to unite children in need
of adoption with appropriate adoptive parents, and establish a coordinated referral
system of recruited families with appropriate State or regional adoption resources
to ensure that families are served in a timely fashion;
3. notwithstanding any other provision of law, provide (directly or by grant to or
contract with public or private agencies or organizations) for—
A. the operation of a national adoption information exchange system
(including only such information as is necessary to facilitate the adoptive
placement of children, utilizing computers and data processing methods to
assist in the location of children who would benefit by adoption and in the
placement in adoptive homes of children awaiting adoption); and
B. the coordination of such system with similar State and regional systems;
4. provide (directly or by grant to or contract with public or private agencies or
organizations, including adoptive family groups and minority groups) for the
provision of technical assistance in the planning, improving, developing, and
carrying out of programs and activities relating to adoption, and to promote
professional leadership training of minorities in the adoption field;
53
5. encourage involvement of corporations and small businesses in supporting
adoption as a positive family-strengthening option, including the establishment of
adoption benefit programs for employees who adopt children;
6. support the placement of children in kinship care arrangements, preadoptive, or
adoptive homes;
7. increase the effective use of public or private agencies (including community-
based and other organizations) by States, or sectarian institutions, for the
recruitment of potential adoptive and foster families and to provide assistance in
the placement of children for adoption, including assisting in efforts to work with
organizations that promote the placement of older children, minority children, and
children with special needs;
8. consult with other appropriate Federal departments and agencies in order to
promote maximum coordination of the services and benefits provided under
programs carried out by such departments and agencies with those carried out by
the Secretary, and provide for the coordination of such aspects of all programs
within the Department of Health and Human Services relating to adoption;
9. maintain (directly or by grant to or contract with public or private agencies or
organizations) a National Resource Center for Special Needs Adoption to—
A. promote professional leadership development of minorities in the adoption
field;
B. provide training and technical assistance to service providers and State
agencies to improve professional competency in the field of adoption and
the adoption of children with special needs;
C. facilitate the development of interdisciplinary approaches to meet the
needs of children who are waiting for adoption and the needs of adoptive
families; and
D. identify best practices to reduce adoption disruption and termination;
10. provide (directly or by grant to or contract with States, local government entities,
tribal child welfare agencies, public or private licensed child welfare or adoption
agencies or adoptive family groups and community-based organizations with
experience in working with minority populations) for the provision of programs
aimed at increasing the number of minority children (who are in foster care and
have the goal of adoption) placed in adoptive families, with a special emphasis on
recruitment of minority families—
A. which may include such activities as—
i. outreach, public education, or media campaigns to inform the
public of the needs and numbers of such children;
ii. recruitment of prospective adoptive families for such children,
including developing and using procedures to notify family and
relatives when a child enters the child welfare system;
iii. expediting, where appropriate, the legal availability of such
children;
iv. expediting, where appropriate, the agency assessment of
prospective adoptive families identified for such children;
v. formation of prospective adoptive family support groups;
vi. training of personnel of—
54
I. public agencies;
II. private child welfare and adoption agencies that are
licensed by the State; and
III. adoptive parents organizations and community-based
organizations with experience in working with minority
populations;
vii. education and training of prospective adoptive or adoptive parents;
viii. use of volunteers and adoptive parent groups; and
ix. any other activities determined by the Secretary to further the
purposes of this title; and
B. shall be subject to the condition that such grants or contracts may be
renewed if documentation is provided to the Secretary demonstrating that
appropriate and sufficient placements of such children have occurred
during the previous funding period; and
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 childspecific 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.
c. SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN.—
1. IN GENERAL.—The Secretary shall provide (directly or by grant to or contract
with States, local government entities, public or private licensed child welfare or
adoption agencies or adoptive family groups) for the provision of post legal
adoption services for families who have adopted special needs children.
2. SERVICES.—Services provided under grants made under this subsection shall
supplement, not supplant, services from any other funds available for the same
general purposes, including—
A. individual counseling;
B. group counseling;
C. family counseling;
D. case management;
E. training public agency adoption personnel, personnel of private, child
welfare and adoption agencies licensed by the State to provide adoption
services, mental health services professionals, and other support personnel
to provide services under this subsection;
F. assistance to adoptive parent organizations;
G. assistance to support groups for adoptive parents, adopted children, and
siblings of adopted children;
H. day treatment; and
I. respite care.
55
d. IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER CARE.—
1. IN GENERAL.—The Secretary shall make grants for improving State efforts to
increase the placement of foster care children legally free for adoption, according
to a pre-established plan and goals for improvement.
2. APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE.—
A. APPLICATIONS.—Each State entering into an agreement under this
subsection shall submit an application to the Secretary that describes the
manner in which the State will use funds during the 3 fiscal years
subsequent to the date of the application to accomplish the purposes of this
section. Such application shall be in a form and manner determined to be
appropriate by the Secretary, consistent with the purpose of this title. Each
application shall contain information that—
i. describes how the State plans to improve the placement rate of
children in permanent homes;
ii. describes the methods the State, prior to submitting the application,
has used to improve the placement of older children, minority
children, and children with special needs, who are legally free for
adoption;
iii. describes the evaluation the State plans to conduct, to identify the
effectiveness of programs and methods of placement under this
subsection, and submit to the Secretary; and
iv. describes how the State plans to coordinate activities under this
subsection with relevant activities under section 473 of the Social
Security Act (42 U.S.C. 673).
B. TECHNICAL AND OTHER ASSISTANCE.—The Secretary shall
provide, directly or by grant to or contract with public or private 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 older children, minority children, and
children with special needs, and in the provision of pre- and post-
placement services, including post-legal adoption services; and
ii. other assistance to help State and local governments replicate
successful adoption-related projects from other areas in the United
States.
C. EVALUATION.—The Secretary shall compile the results of evaluations
submitted by States (described in subparagraph (A)(iii)) and submit a
report containing the complied results to the appropriate committees of
Congress.
3. PAYMENTS.—
A. IN GENERAL.—Payments under this subsection shall begin during fiscal
year 1989. Payments under this section during any fiscal year shall not
exceed $1,000,000. No payment may be made under this subsection unless
an amount in excess of $5,000,000 is appropriated for such fiscal year
under section 5115(a) of this title.
56
B. REVERSION OF UNUSED FUNDS.—Any payment made to a State
under this subsection which is not used by such State for the purpose
provided in paragraph (1) during the fiscal year payment is made shall
revert to the Secretary on October 1st of the next fiscal year and shall be
used to carry out the purposes of this title.
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 home study standard and protocol for acceptance of
home studies 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. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION
PLACEMENTS. [42 U.S.C. 5114]
f. IN GENERAL.—The Secretary shall provide for a study (the results of which shall be
reported to the appropriate committees of the Congress not later than eighteen months
after passage of the Keeping Children and Families Safe Act of 2003) designed to
determine—
1. the nature, scope, and effects of the interstate (and, to the extent feasible,
intrastate) placement of children in adoptive homes (not including the homes of
stepparents or relatives of the child in question) by persons or agencies;
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.
g. 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
57
committees of 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.
h. 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 shall
submit to the appropriate committees of Congress a report that contains recommendations
for an action plan to facilitate the interjurisdictional adoption of foster children.
Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5115]
a. There are authorized to be appropriated, $40,000,000 for fiscal year 2010, and such sums as
may be necessary for each of the fiscal years 2011 through 2015 to carry out programs and
activities authorized under this subtitle.
b. Not less than 30 percent and not more than 50 percent of the funds appropriated under
subsection (a) shall be allocated for activities under subsections (b)(10) and (c) of section
203.
c. The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall
remain available until expended for the purposes for which they were appropriated.
Section III, the Abandoned Infants Assistance Act, was repealed by sec. 7065(b) of
P.L. 115-271.