[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 919 Enrolled Bill (ENR)]
S.919
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To modify and reauthorize the Child Abuse Prevention and Treatment Act,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Child Abuse
Prevention and Treatment Act Amendments of 1996''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT

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Subtitle B--Community-Based Family Resource and Support Grants

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Subtitle C--Certain Preventive Services Regarding Children of Homeless
Families or Families At Risk of Homelessness

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Subtitle A--Family Violence Prevention and Services Act

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Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (``Adoption Opportunities Act'')

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TITLE II

-AMENDMENTS TO OTHER ACTS

Subtitle C--Abandoned Infants Assistance Act of 1988

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Subtitle D--Reauthorization of Various Programs

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Section 2 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is amended--
(1) in paragraph (1), to read as follows:
``(1) each year, close to 1,000,000 American children are
victims of abuse and neglect;'';
(2) in paragraph (3)(C), by inserting ``assessment,'' after
``prevention,'';
(3) in paragraph (4)--
(A) by striking ``tens of''; and
(B) by striking ``direct'' and all that follows through the
semicolon and inserting ``tangible expenditures, as well as
significant intangible costs;'';
(4) in paragraph (7), by striking ``remedy the causes of'' and
inserting ``prevent'';
(5) in paragraph (8), by inserting ``safety,'' after ``fosters
the health,'';
(6) in paragraph (10)--
(A) by striking ``ensure that every community in the United
States has'' and inserting ``assist States and communities
with''; and
(B) after ``child'' insert ``and family''; and
(7) in paragraph (11)--
(A) by striking ``child protection'' each place that such
term appears and inserting ``child and family protection''; and
(B) in subparagraph (D), by striking ``sufficient''.
Subtitle A--General Program

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Section 101 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101) is amended to read as follows:
``SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.
``(a) Establishment.--The Secretary of Health and Human Services
may establish an office to be known as the Office on Child Abuse and
Neglect.
``(b) Purpose.--The purpose of the Office established under
subsection (a) shall be to execute and coordinate the functions and
activities of this Act. In the event that such functions and activities
are performed by another entity or entities within the Department of
Health and Human Services, the Secretary shall ensure that such
functions and activities are executed with the necessary expertise and
in a fully coordinated manner involving regular intradepartmental and
interdepartmental consultation with all agencies involved in child
abuse and neglect activities.''.

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Section 102 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5102) is amended to read as follows:
``SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.
``(a) Appointment.--The Secretary may appoint an advisory board to
make recommendations to the Secretary and to the appropriate committees
of Congress concerning specific issues relating to child abuse and
neglect.
``(b) Solicitation of Nominations.--The Secretary shall publish a
notice in the Federal Register soliciting nominations for the
appointment of members of the advisory board under subsection (a).
``(c) Composition.--In establishing the board under subsection (a),
the Secretary shall appoint members from the general public who are
individuals knowledgeable in child abuse and neglect prevention,
intervention, treatment, or research, and with due consideration to
representation of ethnic or racial minorities and diverse geographic
areas, and who represent--
``(1) law (including the judiciary);
``(2) psychology (including child development);
``(3) social services (including child protective services);
``(4) medicine (including pediatrics);
``(5) State and local government;
``(6) organizations providing services to disabled persons;
``(7) organizations providing services to adolescents;
``(8) teachers;
``(9) parent self-help organizations;
``(10) parents' groups;
``(11) voluntary groups;
``(12) family rights groups; and
``(13) children's rights advocates.
``(d) Vacancies.--Any vacancy in the membership of the board shall
be filled in the same manner in which the original appointment was
made.
``(e) Election of Officers.--The board shall elect a chairperson
and vice-chairperson at its first meeting from among the members of the
board.
``(f) Duties.--Not later than 1 year after the establishment of the
board under subsection (a), the board shall submit to the Secretary and
the appropriate committees of Congress a report, or interim report,
containing--
``(1) recommendations on coordinating Federal, State, and local
child abuse and neglect activities with similar activities at the
Federal, State, and local level pertaining to family violence
prevention;
``(2) specific modifications needed in Federal and State laws
and programs to reduce the number of unfounded or unsubstantiated
reports of child abuse or neglect while enhancing the ability to
identify and substantiate legitimate cases of abuse or neglect
which place a child in danger; and
``(3) recommendations for modifications needed to facilitate
coordinated national data collection with respect to child
protection and child welfare.''.

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Section 103 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5103) is repealed.

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ABUSE.
Section 104 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104) is amended--
(1) in subsection (a), to read as follows:
``(a) Establishment.--The Secretary shall through the Department,
or by one or more contracts of not less than 3 years duration let
through a competition, establish a national clearinghouse for
information relating to child abuse.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Director'' and inserting ``Secretary'';
(B) in paragraph (1)--
(i) by inserting ``assessment,'' after ``prevention,'';
and
(ii) by striking ``, including'' and all that follows
and inserting ``; and'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``general
population'' and inserting ``United States'';
(ii) in subparagraph (B), by adding ``and'' at the end;
(iii) in subparagraph (C), by striking ``; and'' at the
end and inserting a period; and
(iv) by striking subparagraph (D); and
(D) by striking paragraph (3); and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``In establishing'' and inserting the
following:
``(1) In general.--In establishing''; and
(ii) by striking ``Director'' and inserting
``Secretary'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and by moving the
text of subparagraphs (A) through (D) (as redesignated) 2 ems
to the right;
(C) in subparagraph (B) (as redesignated), by striking
``that is represented on the task force'' and inserting
``involved with child abuse and neglect and mechanisms for the
sharing of such information among other Federal agencies and
clearinghouses'';
(D) in subparagraph (C) (as redesignated), by striking
``State, regional'' and all that follows and inserting the
following: ``Federal, State, regional, and local child welfare
data systems which shall include--
``(i) standardized data on false, unfounded,
unsubstantiated, and substantiated reports; and
``(ii) information on the number of deaths due to child
abuse and neglect;'';
(E) by redesignating subparagraph (D) (as redesignated) as
subparagraph (F);
(F) by inserting after subparagraph (C) (as redesignated),
the following new subparagraphs:
``(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 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 105(a); and''; and
(G) by adding at the end the following:
``(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.''.

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(a) Research.--Section 105(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``, through the Center, conduct research on'' and inserting ``,
in consultation with other Federal agencies and recognized
experts in the field, carry out a continuing interdisciplinary
program of research that is designed to provide information
needed to better protect children from abuse or neglect and to
improve the well-being of abused or neglected children, with at
least a portion of such research being field initiated. Such
research program may focus on'';
(B) by redesignating subparagraphs (A) through (C) as
subparagraph (B) through (D), respectively;
(C) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) the nature and scope of child abuse and neglect;'';
(D) in subparagraph (B) (as so redesignated), to read as
follows:
``(B) causes, prevention, assessment, identification,
treatment, cultural and socio-economic distinctions, and the
consequences of child abuse and neglect;''; and
(E) in subparagraph (D) (as so redesignated)--
(i) by striking clause (ii);
(ii) in clause (iii), to read as follows:
``(ii) the incidence of substantiated and
unsubstantiated reported child abuse cases;''; and
(iii) by adding at the end the following:
``(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
have contributed to the inability of a State to respond
effectively to serious cases of child abuse and neglect;
``(vi) the number of unsubstantiated, false, or
unfounded reports that have resulted in a child being
placed in substitute care, and the duration of such
placement;
``(vii) the extent to which unsubstantiated reports
return as more serious cases of child abuse or neglect;
``(viii) the incidence and prevalence of physical,
sexual, and emotional abuse and physical and emotional
neglect in substitute care; and
``(ix) the incidence and outcomes of abuse allegations
reported within the context of divorce, custody, or other
family court proceedings, and the interaction between this
venue and the child protective services system.''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``and demonstration''; and
(ii) by striking ``paragraph (1)(A) and activities
under section 106'' and inserting ``paragraph (1)''; and
(B) in subparagraph (B), by striking ``and demonstration''.
(b) Repeal.--Subsection (b) of section 105 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5105(b)) is repealed.
(c) Technical Assistance.--Section 105(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5105(c)) is amended--
(1) by striking ``(c)'' and inserting ``(b)'';
(2) by striking ``The Secretary'' and inserting:
``(1) In general.--The Secretary'';
(3) by striking ``, through the Center,'';
(4) by inserting ``State and local'' before ``public and
nonprofit'';
(5) by inserting ``assessment,'' before ``identification''; and
(6) by adding at the end thereof the following new paragraphs:
``(2) Evaluation.--Such technical assistance may include an
evaluation or identification of--
``(A) various methods and procedures for the investigation,
assessment, and prosecution of child physical and sexual abuse
cases;
``(B) ways to mitigate psychological trauma to the child
victim; and
``(C) effective programs carried out by the States under
titles I and II.
``(3) Dissemination.--The Secretary may provide for and
disseminate information relating to various training resources
available at the State and local level to--
``(A) individuals who are engaged, or who intend to engage,
in the prevention, identification, and treatment of child abuse
and neglect; and
``(B) appropriate State and local officials to assist in
training law enforcement, legal, judicial, medical, mental
health, education, and child welfare personnel in appropriate
methods of interacting during investigative, administrative,
and judicial proceedings with children who have been subjected
to abuse.''.
(d) Grants and Contracts.--Section 105(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5105(d)) is amended--
(1) by striking ``(d)'' and inserting ``(c)''; and
(2) in paragraph (2), by striking the second sentence.
(e) Peer Review.--Section 105(e) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(e)) is amended--
(1) in the heading preceding paragraph (1), by striking ``(e)''
and inserting ``(d)'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``establish a formal'' and inserting
``, in consultation with experts in the field and other
federal agencies, establish a formal, rigorous, and
meritorious'';
(ii) by striking ``and contracts''; and
(iii) by adding at the end thereof the following new
sentence: ``The purpose of this process is to enhance the
quality and usefulness of research in the field of child
abuse and neglect.''; and
(B) in subparagraph (B)--
(i) by striking ``Office of Human Development'' and
inserting ``Administration on Children and Families''; and
(ii) by adding at the end thereof the following new
sentence: ``The Secretary shall ensure that the peer review
panel utilizes scientifically valid review criteria and
scoring guidelines for review committees.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``, contract, or other financial assistance''; and
(B) by adding at the end thereof the following flush
sentence:
``The Secretary shall award grants under this section on the basis
of competitive review.''; and
(4) in paragraph (3)(B), by striking ``subsection (e)(2)(B)''
each place it appears and inserting ``paragraph (2)(B)''.
(f) Technical Amendment.--Section 105 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5105) is amended in the section heading by
striking ``OF THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT''.

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Section 106 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106) is amended--
(1) in the section heading, by striking ``OR SERVICE'';
(2) in subsection (a), to read as follows:
``(a) Demonstration Programs and Projects.--The Secretary may make
grants to, and enter into contracts with, public agencies or private
nonprofit agencies or organizations (or combinations of such agencies
or organizations) for time limited, demonstration programs and projects
for the following purposes:
``(1) Training programs.--The Secretary may award grants to
public or private nonprofit organizations under this section--
``(A) for the training of professional and paraprofessional
personnel in the fields of medicine, law, education, social
work, and other relevant fields who are engaged in, or intend
to work in, the field of prevention, identification, and
treatment of child abuse and neglect, including the links
between domestic violence and child abuse;
``(B) to improve the recruitment, selection, and training
of volunteers serving in public and private nonprofit children,
youth and family service organizations in order to prevent
child abuse and neglect through collaborative analysis of
current recruitment, selection, and training programs and
development of model programs for dissemination and replication
nationally; and
``(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.
``(2) Mutual support programs.--The Secretary may award grants
to private nonprofit organizations (such as Parents Anonymous) to
establish or maintain a national network of mutual support and
self-help programs as a means of strengthening families in
partnership with their communities.
``(3) Other innovative programs and projects.--
``(A) In general.--The Secretary may award grants to public
and private nonprofit 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, schools, churches and synagogues,
and other community agencies to allow for the establishment of
a triage system that--
``(i) accepts, screens and assesses reports received to
determine which such reports require an intensive
intervention and which require voluntary referral to
another agency, program or project;
``(ii) provides, either directly or through referral, a
variety of community-linked services to assist families in
preventing child abuse and neglect; and
``(iii) provides further investigation and intensive
intervention where the child's safety is in jeopardy.
``(B) Kinship care.--The Secretary may award grants to
public and private nonprofit entities in not more than 10
States to assist such entities in developing or implementing
procedures using adult relatives as the preferred placement for
children removed from their home, where such relatives are
determined to be capable of providing a safe nurturing
environment for the child and where such relatives comply with
the State child protection standards.
``(C) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary may
award grants to entities to assist such entities in
establishing and operating safe, family-friendly physical
environments--
``(i) for court-ordered supervised visitation between
children and abusing parents; and
``(ii) to safely facilitate the exchange of children
for visits with noncustodian parents in cases of domestic
violence.'';
(3) by striking subsection (b);
(4) by redesignating subsection (c) as subsection (b);
(5) in subsection (b) (as redesignated)--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) through (7) as
paragraphs (1) through (5), respectively; and
(6) by adding at the end the following new subsection:
``(c) Evaluation.--In making grants for demonstration projects
under this section, the Secretary shall require all such projects to be
evaluated for their effectiveness. Funding for such evaluations shall
be provided either as a stated percentage of a demonstration grant or
as a separate grant entered into by the Secretary for the purpose of
evaluating a particular demonstration project or group of projects.''.

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Section 107 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a) is amended to read as follows:
``SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
``(a)  Development and Operation Grants.--The Secretary shall make
grants to the States, based on the population of children under the age
of 18 in each State that applies for a grant under this section, for
purposes of assisting the States in improving the child protective
services system of each such State in--
``(1) the intake, assessment, screening, and investigation of
reports of abuse and neglect;
``(2)(A) creating and improving the use of multidisciplinary
teams and interagency protocols to enhance investigations; and
``(B) improving legal preparation and representation,
including--
``(i) procedures for appealing and responding to appeals of
substantiated reports of abuse and neglect; and
``(ii) provisions for the appointment of an individual
appointed to represent a child in judicial proceedings;
``(3) case management and delivery of services provided to
children and their families;
``(4) enhancing the general child protective system by
improving risk and safety assessment tools and protocols,
automation systems that support the program and track reports of
child abuse and neglect from intake through final disposition and
information referral systems;
``(5) developing, strengthening, and facilitating training
opportunities and requirements for individuals overseeing and
providing services to children and their families through the child
protection system;
``(6) developing and facilitating training protocols for
individuals mandated to report child abuse or neglect;
``(7) developing, strengthening, and supporting child abuse and
neglect prevention, treatment, and research programs in the public
and private sectors;
``(8) developing, implementing, or operating--
``(A) information and education programs or training
programs designed to improve the provision of services to
disabled infants with life-threatening conditions for--
``(i) professional and paraprofessional personnel
concerned with the welfare of disabled infants with life-
threatening conditions, including personnel employed in
child protective services programs and health-care
facilities; and
``(ii) the parents of such infants; and
``(B) programs to assist in obtaining or coordinating
necessary services for families of disabled infants with life-
threatening conditions, including--
``(i) existing social and health services;
``(ii) financial assistance; and
``(iii) services necessary to facilitate adoptive
placement of any such infants who have been relinquished
for adoption; or
``(9) developing and enhancing the capacity of community-based
programs to integrate shared leadership strategies between parents
and professionals to prevent and treat child abuse and neglect at
the neighborhood level.
``(b) Eligibility Requirements.--
``(1) State plan.--
``(A) In general.--To be eligible to receive a grant under
this section, a State shall, at the time of the initial grant
application and every 5 years thereafter, prepare and submit to
the Secretary a State plan that specifies the areas of the
child protective services system described in subsection (a)
that the State intends to address with amounts received under
the grant.
``(B) Additional requirement.--After the submission of the
initial grant application under subparagraph (A), the State
shall provide notice to the Secretary of any substantive
changes to any State law relating to the prevention of child
abuse and neglect that may affect the eligibility of the State
under this section.
``(2) Coordination.--A State plan submitted under paragraph (1)
shall, to the maximum extent practicable, be coordinated with the
State plan under part B of title IV of the Social Security Act
relating to child welfare services and family preservation and
family support services, and shall contain an outline of the
activities that the State intends to carry out using amounts
received under the grant to achieve the purposes of this title,
including--
``(A) an assurance in the form of a certification by the
chief executive officer 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--
``(i) provisions or procedures for the reporting of
known and suspected instances of child abuse and neglect;
``(ii) procedures for the immediate screening, safety
assessment, and prompt investigation of such reports;
``(iii) procedures for immediate steps to be taken to
ensure and protect the safety of the abused or neglected
child and of any other child under the same care who may
also be in danger of abuse or neglect and ensuring their
placement in a safe environment;
``(iv) provisions for immunity from prosecution under
State and local laws and regulations for individuals making
good faith reports of suspected or known instances of child
abuse or neglect;
``(v) 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 Act 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, having a need
for such information in order to carry out its
responsibilities under law to protect children from
abuse and neglect;
``(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;
``(vi) 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;
``(vii) the cooperation of State law enforcement
officials, court of competent jurisdiction, and appropriate
State agencies providing human services in the
investigation, assessment, prosecution, and treatment of
child abuse or neglect;
``(viii) 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;
``(ix) provisions and procedures requiring that in
every case involving an abused or neglected child which
results in a judicial proceeding, a guardian ad litem, who
may be an attorney or a court appointed special advocate
(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;
``(x) the establishment of citizen review panels in
accordance with subsection (c);
``(xi) provisions, procedures, and mechanisms to be
effective not later than 2 years after the date of the
enactment of this section--
``(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 abuse or neglect can appeal such
finding;
``(xii) provisions, procedures, and mechanisms to be
effective not later than 2 years after the date of the
enactment of this section 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,
United States Code, 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, United States Code, 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; or
``(IV) to have committed a felony assault that
results in the serious bodily injury to the surviving
child or another child of such parent; and
``(xiii) an assurance that, upon the implementation by
the State of the provisions, procedures, and mechanisms
under clause (xii), conviction of any one of the felonies
listed in clause (xii) 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);
``(B) an assurance that the State has in place procedures
for responding to the reporting of medical neglect (including
instances of withholding of medically indicated treatment from
disabled infants with life-threatening conditions), procedures
or programs, or both (within the State child protective
services system), to provide for--
``(i) coordination and consultation with individuals
designated by and within appropriate health-care
facilities;
``(ii) prompt notification by individuals designated by
and within appropriate health-care facilities of cases of
suspected medical neglect (including instances of
withholding of medically indicated treatment from disabled
infants with 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 disabled infants with life threatening conditions;
``(C) 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; and
``(iii) the training to be provided under the grant for
individuals who are required to report suspected cases of
child abuse and neglect; and
``(D) 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 comply with the
requirements set forth in paragraph (1) and this paragraph.
``(3) Limitation.--With regard to clauses (v) and (vi) of
paragraph (2)(A), 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) 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.
``(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 and procedures
of State and local agencies and where appropriate, specific
cases, evaluate the extent to which the agencies are
effectively discharging their child protection responsibilities
in accordance with--
``(i) the State plan under subsection (b);
``(ii) the child protection standards set forth in
subsection (b); 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
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; and
``(II) a review of child fatalities and near
fatalities (as defined in subsection (b)(4)).
``(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).
``(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 public, on an annual basis,
a report containing a summary of the activities of the panel.
``(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 abused or neglected.
``(2) Of the number of children described in paragraph (1), the
number with respect to whom such reports were--
``(A) substantiated;
``(B) unsubstantiated; 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
from the State during the year.
``(5) The number of deaths in the State during the year
resulting from child abuse or neglect.
``(6) Of the number of children described in paragraph (5), the
number of such children who were in foster care.
``(7) The number of child protective services workers
responsible for the intake and screening of reports filed in the
previous year.
``(8) The agency response time with respect to each such report
with respect to initial investigation of reports of child abuse or
neglect.
``(9) The response time with respect to the provision of
services to families and children where an allegation of abuse or
neglect has been made.
``(10) The number of child protective services workers
responsible for intake, assessment, and investigation of child
abuse and neglect reports relative to the number of reports
investigated in the previous year.
``(11) The number of children reunited with their families or
receiving family preservation services that, within five years,
result in subsequent substantiated reports of child abuse and
neglect, 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.
``(e) Annual Report by the Secretary.--Within 6 months after
receiving the State reports under subsection (d), the Secretary shall
prepare a report based on information provided by the States for the
fiscal year under such subsection and shall make the report and such
information available to the Congress and the national clearinghouse
for information relating to child abuse.''.

8fb17ec6486f8ecf47da08174f3e948561ab51e621e1f1feb96b744d5768ae6e

Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106b) is repealed.

3f241f8e54c56b8f66a665ec26d8260eb0e359b1ba6ab1dac879aa33ca101304

Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).

f9f7fcb468b537751acaddcb804456fdc18ccec25cc7b17a69e0f5a4864944e2

Section 113 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106h) is amended--
(1) by striking paragraphs (1), (2), (5), and (9);
(2)(A) by redesignating paragraphs (3), (4), and (6) through
(8) as paragraphs (1) through (5), respectively; and
(B) by redesignating paragraph (10) as paragraph (6);
(3) in paragraph (2) (as redesignated), to read as follows:
``(2) the term `child abuse and neglect' means, at a minimum,
any recent act or failure to act on the part of a parent or
caretaker, which results in death, serious physical or emotional
harm, sexual abuse or exploitation, or an act or failure to act
which presents an imminent risk of serious harm;''; and
(4) in paragraph (4)(B) (as redesignated), by inserting ``, and
in cases of caretaker or inter-familial relationships, statutory
rape'' after ``rape''.

410bc30c4b8089e4c4dcf004b8e6ad8f2563e63ec2c86359db789d2d8847a854

Section 114(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106h(a)) is amended to read as follows:
``(a) In General.--
``(1) General authorization.--There are authorized to be
appropriated to carry out this title, $100,000,000 for fiscal year
1997, and such sums as may be necessary for each of the fiscal
years 1998 through 2001.
``(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 make available not more than 40 percent of such
amounts to carry out section 106.''.

cb483a78caf2e3bbc5e3039a811f6f8085c17b37851d3ac2bf83b5295c35c4a5

Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.) is amended by adding at the end the following new
section:
``SEC. 115. RULE OF CONSTRUCTION.
``(a) In General.--Nothing in this Act shall be construed--
``(1) as establishing a Federal requirement that a parent or
legal guardian provide a child any medical service or treatment
against the religious beliefs of the parent or legal guardian; and
``(2) to require that a State find, or to prohibit a State from
finding, abuse or neglect in cases in which a parent or legal
guardian relies solely or partially upon spiritual means rather
than medical treatment, in accordance with the religious beliefs of
the parent or legal guardian.
``(b) State Requirement.--Notwithstanding subsection (a), a State
shall, at a minimum, have in place authority under State law to permit
the child protective 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 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.''.

6dbe6b37c77026bfbb8653d709479c1a2f6c5ddaecf79df73e439ce8aac75cea

(a) Child Abuse Prevention and Treatment Act.--
(1)(A) Sections 104 through 107 of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5104 through 5106a), as amended by
this subtitle, are redesignated as sections 103 through 106 of such
Act, respectively.
(B) Sections 109 through 114 of the Child Abuse Prevention and
Treatment Act (42 U.S.C 5106c through 5106h), as amended by this
subtitle, are redesignated as sections 107 through 112 of such Act,
respectively.
(C) Section 115 of the Child Abuse Prevention and Treatment
Act, as added by section 112 of this Act, is redesignated as
section 113 of the Child Abuse Prevention and Treatment Act.
(2) Section 107 of the Child Abuse Prevention and Treatment Act
(as redesignated) is amended--
(A) in subsection (a), by striking ``acting through the
Center and'';
(B) in subsection (b)(1), by striking ``sections'' and
inserting ``section'';
(C) in subsection (c)(1)--
(i) in the matter preceding subparagraph (A), by
inserting a comma after ``maintain''; and
(ii) in subparagraph (F), by adding a semicolon at the
end; and
(D) in subsection (d)(1), by adding ``and'' at the end.
(3) Section 110(b) of the Child Abuse Prevention and Treatment
Act (as redesignated) is amended by striking ``effectiveness of--''
and all that follows and inserting ``effectiveness of assisted
programs in achieving the objectives of section 107.''.
(b) Victims of Crime Act of 1984.--Section 1404A of the Victims of
Crime Act of 1984 (42 U.S.C. 10603a) is amended--
(1) by striking ``1402(d)(2)(D) and (d)(3).'' and inserting
``1402(d)(2)''; and
(2) by striking ``section 4(d)'' and inserting ``section 109''.
Subtitle B--Community-Based Family Resource and Support Grants

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93792dac48095d9b1cf776bc7ad585b4d1665cadb1bf952867208378af4a7895

Title III of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5118 et seq.) is repealed.
Subtitle D--Miscellaneous Provisions

e9340aad162faa564d5c9781ba269a4cd19d3819def99d52cf452911b8f6b7db

The table of contents of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 note) is amended to read as follows:
``Sec. 1. Short title and table of contents.
``Sec. 2. Findings.
``TITLE I--GENERAL PROGRAM
``Sec. 101. Office on Child Abuse and Neglect.
``Sec. 102. Advisory Board on Child Abuse and Neglect.
``Sec. 103. National clearinghouse for information relating to child
abuse.
``Sec. 104. Research and assistance activities.
``Sec. 105. Grants to public agencies and nonprofit private
organizations for demonstration programs and projects.
``Sec. 106. Grants to States for child abuse and neglect prevention and
treatment programs.
``Sec. 107. Grants to States for programs relating to the investigation
and prosecution of child abuse and neglect cases.
``Sec. 108. Miscellaneous requirements relating to assistance.
``Sec. 109. Coordination of child abuse and neglect programs.
``Sec. 110. Reports.
``Sec. 111. Definitions.
``Sec. 112. Authorization of appropriations.
``Sec. 113. Rule of construction.
``TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS
``Sec. 201. Purpose and authority.
``Sec. 202. Eligibility.
``Sec. 203. Amount of grant.
``Sec. 204. Existing grants.
``Sec. 205. Application.
``Sec. 206. Local program requirements.
``Sec. 207. Performance measures.
``Sec. 208. National network for community-based family resource
programs.
``Sec. 209. Definitions.
``Sec. 210. Authorization of appropriations.

675a4673666eb07c4bf2addc4a007393ada97740c62e3437f189a817bdf4a857

(a) Temporary Child Care for Children With Disabilities and Crisis
Nurseries Act of 1986.--The Temporary Child Care for Children With
Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117 et seq.)
is repealed.
(b) Family Support Centers.--Subtitle F of title VII of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11481 et seq.) is
repealed.
Subtitle A--Family Violence Prevention and Services Act

6e9e755b4a3507725c7e72586e12ce24b72cf5fef6b30d7e8bae351ff0a4bc41

Section 303(e) of the Family Violence Prevention and Services Act
(42 U.S.C. 10420(e)) is amended--
(1) by striking ``following local share'' and inserting
``following non-Federal matching local share''; and
(2) by striking ``20 percent'' and all that follows through
``private sources.'' and inserting ``with respect to an entity
operating an existing program under this title, not less than 20
percent, and with respect to an entity intending to operate a new
program under this title, not less than 35 percent.''.

d27f0f99c209b4a3b8f5eacf44110eb4bd54bc06a2e46c945cf9859841c86c73

Section 304(a)(1) of the Family Violence Prevention and Services
Act (42 U.S.C. 10403(a)(1)) is amended by striking ``$200,000'' and
inserting ``$400,000''.

e7433c394187663c300a89880039051d18c8ea1ff2c702527c9cdc0db54879bb

Section 310 of the Family Violence Prevention and Services Act (42
U.S.C. 10409) is amended--
(1) in subsection (b), by striking ``80'' and inserting ``70'';
and
(2) by adding at the end thereof the following new subsections:
``(d) Grants for State Coalitions.--Of the amounts appropriated
under subsection (a) for each fiscal year, not less than 10 percent of
such amounts shall be used by the Secretary for making grants under
section 311.
``(e) Non-Supplanting Requirement.--Federal funds made available to
a State under this title shall be used to supplement and not supplant
other Federal, State, and local public funds expended to provide
services and activities that promote the purposes of this title.''.
Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform
Act of 1978 (``Adoption Opportunities Act'')

22e88c2981bf48a86c2d3467594199d5450a8ffaefce205620a5c65c5dc79e6c

Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``50 percent between 1985 and 1990''
and inserting ``61 percent between 1986 and 1994''; and
(ii) by striking ``400,000 children at the end of June,
1990'' and inserting ``452,000 as of June 1994'';
(B) in paragraph (5), by striking ``local'' and inserting
``legal''; and
(C) in paragraph (7), to read as follows:
``(7)(A) currently, 40,000 children are free for adoption and
awaiting placement;
``(B) such children are typically school aged, in sibling
groups, have experienced neglect or abuse, or have a physical,
mental, or emotional disability; and
``(C) while the children are of all races, children of color
and older children (over the age of 10) are over represented in
such group;''; and
(2) in subsection (b)--
(A) by striking ``conditions, by--'' and all that follows
through ``Department of Health and Human Services to--'' and
inserting ``conditions, by providing a mechanism to--''; and
(B) by redesignating subparagraphs (A) through (C) of
paragraph (2), as paragraphs (1) through (3), respectively, and
by realigning the margins of such paragraphs accordingly.

3940628596df6321b68e856ee793b9c7cbf4db0ae93dfd47628a87e8025b507c

Section 203 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) in subsection (a), by striking the last sentence;
(2) in subsection (b)--
(A) in paragraph (6), to read as follows:
``(6) study the nature, scope, and effects of the placement of
children in kinship care arrangements, pre-adoptive, or adoptive
homes;'';
(B) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively; and
(C) by inserting after paragraph (6), the following new
paragraph:
``(7) study the efficacy of States contracting with public or
private nonprofit agencies (including community-based and other
organizations), or sectarian institutions for the recruitment of
potential adoptive and foster families and to provide assistance in
the placement of children for adoption;''; and
(3) in subsection (d)(2)--
(A) by striking ``Each'' and inserting ``(A) Each'';
(B) by striking ``for each fiscal year'' and inserting
``that describes the manner in which the State will use funds
during the 3 fiscal years subsequent to the date of the
application to accomplish the purposes of this section. Such
application shall be''; and
(C) by adding at the end the following new subparagraph:
``(B) The Secretary shall provide, directly or by grant to or
contract with public or private nonprofit agencies or organizations--
``(i) technical assistance and resource and referral
information to assist State or local governments with termination
of parental rights issues, in recruiting and retaining adoptive
families, in the successful placement of children with special
needs, and in the provision of pre- and post-placement services,
including post-legal adoption services; and
``(ii) other assistance to help State and local governments
replicate successful adoption-related projects from other areas in
the United States.''.

a3592893916b47cda6e18026dc607fbed5ad5de54df3e757332108b2e7df2f2f

Section 205 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115) is amended--
(1) in subsection (a), by striking ``$10,000,000'' and all that
follows through ``203(c)(1)'' and inserting ``$20,000,000 for
fiscal year 1997, and such sums as may be necessary for each of the
fiscal years 1998 through 2001 to carry out programs and activities
authorized'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
Subtitle C--Abandoned Infants Assistance Act of 1988

ff1270ab5d063aad5875c2f8a7cb6203398a9a08382ee8ed7bf1b60cb1b0ca1e

Section 101 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended by adding at the end the following:
``(h) Priority Requirement.--In making grants under subsection (a),
the Secretary shall give priority to applicants located in States that
have developed and implemented procedures for expedited termination of
parental rights and placement for adoption of infants determined to be
abandoned under State law.''.

bc5e6032103183adb4f2ff3c2bc59b46f0e6f429a393a168cf40d0619c4565ae

Section 104(a)(1) of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended by striking ``$20,000,000'' and all
that follows and inserting ``$35,000,000 for fiscal year 1997 and such
sums as may be necessary for each of the fiscal years 1998 through
2001.''.
Subtitle D--Reauthorization of Various Programs

141da08be996c0ce512e846289d37fa7ee97e8b5272874e325cfe786666215a3

(a) Authorization of Appropriations.--Section 408 of the Missing
Children's Assistance Act (42 U.S.C. 5777) is amended--
(1) by striking ``To'' and inserting ``(a) In General.--To'';
(2) by striking ``1993, 1994, 1995, and 1996'' and inserting
``1997 through 2001''; and
(3) by adding at the end the following new subsection:
``(b) Evaluation.--The Administrator may use not more than 5
percent of the amount appropriated for a fiscal year under subsection
(a) to conduct an evaluation of the effectiveness of the programs and
activities established and operated under this title.''.
(b) Special Study and Report.--Section 409 of the Missing
Children's Assistance Act (42 U.S.C. 5778) is repealed.

1ed5a86ccc20074f3b744e52616b111baffd8203e51ab2edccd500b15c128aef

Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13004) is amended--
(1) in subsection (a)(2), by striking ``and 1996'' and
inserting ``1996, and each of the fiscal years 1997 through 2000'';
and
(2) in subsection (b)(2), by striking ``and 1996'' and
inserting ``1996, and each of the fiscal years 1997 through 2000''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

2c694fc41be96f65f92db2017a66e351621382b653f05bd521fcbdbf86a91eaa

Child Abuse Prevention and Treatment Act Amendments of 1996 — S. 919

Other Sections

TITLE I

TITLE II

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