[104th Congress Public Law 235]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ235.104]
[[Page 110 STAT. 3063]]
Public Law 104-235
104th Congress
An Act
To modify and reauthorize the Child Abuse Prevention and Treatment Act,
and for other purposes. <<NOTE: Oct. 3, 1996 - [S. 919]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Child Abuse
Prevention and Treatment Act Amendments of 1996.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 42 USC 5101 note.>> 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:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 100. Findings.
Subtitle A--General Program
Sec. 101. Office on Child Abuse and Neglect.
Sec. 102. Advisory Board on Child Abuse and Neglect.
Sec. 103. Repeal of Inter-Agency Task Force on Child Abuse and Neglect.
Sec. 104. National clearinghouse for information relating to child
abuse.
Sec. 105. Research, evaluation and assistance activities.
Sec. 106. Grants for demonstration programs.
Sec. 107. State grants for prevention and treatment programs.
Sec. 108. Repeal.
Sec. 109. Miscellaneous requirements.
Sec. 110. Definitions.
Sec. 111. Authorization of appropriations.
Sec. 112. Rule of construction.
Sec. 113. Technical and conforming amendments.
Subtitle B--Community-Based Family Resource and Support Grants
Sec. 121. Establishment of program.
Subtitle C--Certain Preventive Services Regarding Children of Homeless
Families or Families At Risk of Homelessness
Sec. 131. Repeal of title III.
Subtitle D--Miscellaneous Provisions
Sec. 141. Table of contents.
Sec. 142. Repeals of other laws.
TITLE II--AMENDMENTS TO OTHER ACTS
Subtitle A--Family Violence Prevention and Services Act
Sec. 201. State demonstration grants.
Sec. 202. Allotments.
Sec. 203. Authorization of appropriations.
Subtitle B--Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (``Adoption Opportunities Act'')
Sec. 211. Findings and purpose.
[[Page 110 STAT. 3064]]
Sec. 212. Information and services.
Sec. 213. Authorization of appropriations.
Subtitle C--Abandoned Infants Assistance Act of 1988
Sec. 221. Priority requirement.
Sec. 222. Reauthorization.
Subtitle D--Reauthorization of Various Programs
Sec. 231. Missing Children's Assistance Act.
Sec. 232. Victims of Child Abuse Act of 1990.
TITLE I--AMENDMENTS TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 100. FINDINGS.
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
SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.
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
[[Page 110 STAT. 3065]]
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.
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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Reports.>> 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
[[Page 110 STAT. 3066]]
``(3) recommendations for modifications needed to facilitate
coordinated national data collection with respect to child
protection and child welfare.''.
SEC. 103. REPEAL OF INTER-AGENCY TASK FORCE ON CHILD ABUSE AND NEGLECT.
Section 103 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5103) is repealed.
SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
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) <<NOTE: Contracts.>> 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;'';
[[Page 110 STAT. 3067]]
(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.''.
SEC. 105. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.
(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;
[[Page 110 STAT. 3068]]
``(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
[[Page 110 STAT. 3069]]
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 <<NOTE: Grants.>> 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''.
SEC. 106. GRANTS FOR DEMONSTRATION PROGRAMS.
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:
[[Page 110 STAT. 3070]]
``(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--
[[Page 110 STAT. 3071]]
``(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.''.
SEC. 107. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.
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) <<NOTE: Grants.>> 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;
[[Page 110 STAT. 3072]]
``(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) <<NOTE: Notification.>> 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
[[Page 110 STAT. 3073]]
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) <<NOTE: Confidentiality. Records.>>
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
[[Page 110 STAT. 3074]]
``(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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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
[[Page 110 STAT. 3075]]
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
[[Page 110 STAT. 3076]]
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.
[[Page 110 STAT. 3077]]
``(6) <<NOTE: Public information.>> 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
[[Page 110 STAT. 3078]]
and such information available to the Congress and the national
clearinghouse for information relating to child abuse.''.
SEC. 108. REPEAL.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106b) is repealed.
SEC. 109. MISCELLANEOUS REQUIREMENTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) <<NOTE: 42 USC 5106g.>> is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 110. DEFINITIONS.
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''.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
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.''.
SEC. 112. RULE OF CONSTRUCTION.
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. <<NOTE: 42 USC 5106i.>> 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 treat
[[Page 110 STAT. 3079]]
ment 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.''.
SEC. 113. TECHNICAL AND CONFORMING AMENDMENTS.
(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''.
[[Page 110 STAT. 3080]]
Subtitle B--Community-Based Family Resource and Support Grants
SEC. 121. ESTABLISHMENT OF PROGRAM.
Title II of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5116 et seq.) is amended to read as follows:
``TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS
``SEC. 201. <<NOTE: 42 USC 5116.>> PURPOSE AND AUTHORITY.
``(a) Purpose.--It is the purpose of this title--
``(1) to support State efforts to develop, operate, expand
and enhance a network of community-based, prevention-focused,
family resource and support programs that coordinate resources
among existing education, vocational rehabilitation, disability,
respite care, health, mental health, job readiness, self-
sufficiency, child and family development, community action,
Head Start, child care, child abuse and neglect prevention,
juvenile justice, domestic violence prevention and intervention,
housing, and other human service organizations within the State;
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 (hereafter referred to in this title as the `lead entity') under
section 202(1) for the purpose of--
``(1) developing, operating, expanding and enhancing
Statewide networks of community-based, prevention-focused,
family resource and support programs that--
``(A) offer 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;
``(F) support the additional needs of families with
children with disabilities through respite care and
other services; and
``(G) decrease the risk of homelessness;
``(2) fostering the development of a continuum of preventive
services for children and families through State and community-
based collaborations and partnerships both public and private;
``(3) financing the start-up, maintenance, expansion, or
redesign of specific family resource and support program
services (such as respite care services, child abuse and neglect
prevention activities, disability services, mental health
services, housing services, transportation, adult education,
home visiting and other similar services) identified by the
inventory and
[[Page 110 STAT. 3081]]
description of current services required under section 205(a)(3)
as an unmet need, and integrated with the network of community-
based family resource and support program to the extent
practicable given funding levels and community priorities;
``(4) maximizing funding for the financing, planning,
community mobilization, collaboration, assessment, information
and referral, startup, training and technical assistance,
information management, reporting and evaluation costs for
establishing, operating, or expanding a Statewide network of
community-based, prevention-focused, family resource and support
program; and
``(5) financing public information activities that focus on
the healthy and positive development of parents and children and
the promotion of child abuse and neglect prevention activities.
``SEC. 202. <<NOTE: 42 USC 5116a.>> ELIGIBILITY.
``A State shall be eligible for a grant under this title for a
fiscal year if--
``(1)(A) the chief executive officer of the State has
designated 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 a
Statewide network of community-based, prevention-focused, family
resource and support programs, child abuse and neglect
prevention activities and access to respite care services
integrated with the Statewide network;
``(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) 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 chief executive officer 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 chief executive officer shall
designate the lead entity only after full consideration of the
capacity and expertise of all entities desiring to be designated
under subparagraph (A);
[[Page 110 STAT. 3082]]
``(2) the chief executive officer of the State provides
assurances that the lead entity will provide or will be
responsible for providing--
``(A) a network of community-based family resource
and support programs composed of local, collaborative,
public-private partnerships directed by
interdisciplinary structures with balanced
representation from private and public sector members,
parents, and public and private nonprofit service
providers and individuals and organizations experienced
in working in partnership with families with children
with disabilities;
``(B) direction to the network through an
interdisciplinary, collaborative, public-private
structure with balanced representation from private and
public sector members, parents, and public sector and
private nonprofit sector service providers; and
``(C) direction and oversight to the network through
identified goals and objectives, clear lines of
communication and accountability, the provision of
leveraged or combined funding from Federal, State and
private sources, centralized assessment and planning
activities, the provision of training and technical
assistance, and reporting and evaluation functions; and
``(3) the chief executive officer of the State provides
assurances that the lead entity--
``(A) has a demonstrated commitment to parental
participation in the development, operation, and
oversight of the Statewide network of community-based,
prevention-focused, family resource and support
programs;
``(B) has a demonstrated ability to work with State
and community-based public and private nonprofit
organizations to develop a continuum of preventive,
family centered, comprehensive services for children and
families through the Statewide network of community-
based, prevention-focused, family resource and support
programs;
``(C) has the capacity to provide operational
support (both financial and programmatic) and training
and technical assistance, to the Statewide network of
community-based, prevention-focused, family resource and
support programs, through innovative, interagency
funding and interdisciplinary service delivery
mechanisms; and
``(D) will integrate its efforts with individuals
and organizations experienced in working in partnership
with families with children with disabilities and with
the child abuse and neglect prevention activities of the
State, and demonstrate a financial commitment to those
activities.
``SEC. 203. <<NOTE: 42 USC 5116b.>> AMOUNT OF GRANT.
``(a) Reservation.--The <<NOTE: Native Americans.>> Secretary shall
reserve 1 percent of the amount appropriated under section 210 for a
fiscal year to make allotments to Indian tribes and tribal organizations
and migrant programs.
``(b) Remaining Amounts.--
``(1) In general.--The Secretary shall allot the amount
appropriated under section 210 for a fiscal year and remaining
after the reservation under subsection (a) among the States as
follows:
[[Page 110 STAT. 3083]]
``(A) 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 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 leveraged by the State from
private, State, or other non-Federal sources and
directed through the State lead agency 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 lead agency
of such States in the preceding fiscal year.
``(2) Additional requirement.--The Secretary shall provide
allotments under paragraph (1) to the State lead entity.
``(c) Allocation.--Funds allotted to a State under this section--
``(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 (a).
``SEC. 204. <<NOTE: 42 USC 5115c.>> EXISTING GRANTS.
``(a) In General.--Notwithstanding the enactment of the Child Abuse
Prevention and Treatment Act Amendments of 1996, a State or entity that
has a grant, contract, or cooperative agreement in effect, on the date
of the enactment of such Act under any program described in subsection
(b), shall continue to receive funds under such program, subject to the
original terms under which such funds were provided under the grant,
through the end of the applicable grant cycle.
``(b) Programs Described.--The programs described in this subsection
are the following:
``(1) The Community-Based Family Resource programs under
section 201 of this Act, as such section was in effect on the
day before the date of the enactment of the Child Abuse
Prevention and Treatment Act Amendments of 1996.
``(2) The Family Support Center programs under subtitle F of
title VII of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11481 et seq.), as such title was in effect on the day
before the date of the enactment of the Child Abuse Prevention
and Treatment Act Amendments of 1996.
``(3) The Emergency Child Abuse Prevention Services grant
program under section 107A of this Act, as such section was in
effect on the day before the date of the enactment of the Human
Services Amendments of 1994.
``(4) Programs under the Temporary Child Care for Children
With Disabilities and Crisis Nurseries Act of 1986.
``SEC. 205. <<NOTE: 42 USC 5116d.>> APPLICATION.
``A grant may not be made to a State under this title unless an
application therefor is submitted by the State to the Secretary and such
application contains the types of information specified
[[Page 110 STAT. 3084]]
by the Secretary as essential to carrying out the provisions of section
202, including--
``(1) a description of the lead entity that will be
responsible for the administration of funds provided under this
title and the oversight of programs funded through the Statewide
network of community-based, prevention-focused, family resource
and support programs which meets the requirements of section
202;
``(2) a description of how the network of community-based,
prevention-focused, family resource and support programs will
operate and how family resource and support services provided by
public and private, nonprofit organizations, including those
funded by programs consolidated under this Act, will be
integrated into a developing continuum of family centered,
holistic, preventive services for children and families;
``(3) an assurance that an inventory of current family
resource programs, respite care, child abuse and neglect
prevention activities, and other family resource services
operating in the State, and a description of current unmet
needs, will be provided;
``(4) a budget for the development, operation and expansion
of the State's network of community-based, prevention-focused,
family resource and support programs that verifies that the
State will expend 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 Statewide network of community-based,
prevention-focused, family resource and support programs;
``(6) an assurance that the State has the capacity to ensure
the meaningful involvement of parents who are consumers and who
can provide leadership in the planning, implementation, and
evaluation of the programs and policy decisions of the applicant
agency in accomplishing the desired outcomes for such efforts;
``(7) a description of the criteria that the entity will use
to develop, or select and fund, individual community-based,
prevention-focused, family resource and support programs as part
of network development, expansion or enhancement;
``(8) a description of outreach activities that the entity
and the community-based, prevention-focused, family resource and
support programs will undertake to maximize the participation of
racial and ethnic minorities, children and adults with
disabilities, homeless families and those at risk of
homelessness, and members of other underserved or
underrepresented groups;
``(9) a plan for providing operational support, training and
technical assistance to community-based, prevention-focused,
family resource and support programs for development, operation,
expansion and enhancement activities;
``(10) a description of how the applicant entity's
activities and those of the network and its members 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
[[Page 110 STAT. 3085]]
prevention-focused, family resource and support program services
to children and families; and
``(13) an assurance that the applicant entity will provide
the Secretary with reports at such time and containing such
information as the Secretary may require.
``SEC. 206. <<NOTE: 42 USC 5116e.>> LOCAL PROGRAM REQUIREMENTS.
``(a) In General.--Grants made under this title shall be used to
develop, implement, operate, expand and enhance community-based,
prevention-focused, family resource and support programs that--
``(1) assess community assets and needs through a planning
process that involves parents and local public agencies, local
nonprofit organizations, and private sector representatives;
``(2) develop a strategy to provide, over time, a continuum
of preventive, family centered services to children and
families, especially to young parents and parents with young
children, through public-private partnerships;
``(3) provide--
``(A) core family resource and support services such
as--
``(i) parent education, mutual support and
self help, and leadership services;
``(ii) outreach services;
``(iii) community and social service
referrals; and
``(iv) follow-up services;
``(B) other core services, which must be provided or
arranged for through contracts or agreements with other
local agencies, including all forms of respite care
services to the extent practicable; and
``(C) 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 development
and intervention services;
``(iii) referral to services and supports to
meet the additional needs of families with
children with disabilities;
``(iv) referral to job readiness services;
``(v) referral to educational services, such
as scholastic 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; and
``(viii) peer counseling;
``(4) develop leadership roles for the meaningful
involvement of parents in the development, operation,
evaluation, and oversight of the programs and services;
``(5) provide leadership in mobilizing local public and
private resources to support the provision of needed family
resource and support program services; and
``(6) participate with other community-based, prevention-
focused, family resource and support program grantees in the
[[Page 110 STAT. 3086]]
development, operation and expansion of the Statewide network.
``(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 family resource and support
programs.
``SEC. 207. <<NOTE: 42 USC 5116f.>> PERFORMANCE MEASURES.
``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 Statewide network of community-based,
prevention-focused, family resource and support programs 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;
``(3) shall demonstrate the establishment of new respite
care and other specific new family resources services, and the
expansion of existing services, to address unmet needs
identified by the inventory and description of current services
required under section 205(3);
``(4) shall describe the number of families served,
including families with children with disabilities, and the
involvement of a diverse representation of families in the
design, operation, and evaluation of the Statewide network of
community-based, prevention-focused, family resource and support
programs, and in the design, operation and evaluation of the
individual community-based family resource and support programs
that are part of the Statewide network funded under this title;
``(5) shall demonstrate a high level of satisfaction among
families who have used the services of the community-based,
prevention-focused, family resource and support programs;
``(6) 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
Statewide network of community-based, prevention-focused, family
resource and support programs;
``(7) shall describe the results of a peer review process
conducted under the State 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,
prevention-focused, family resource and support programs.
``SEC. 208. <<NOTE: 42 USC 5116g.>> NATIONAL NETWORK FOR COMMUNITY-
BASED FAMILY RESOURCE PROGRAMS.
``The Secretary may allocate such sums as may be necessary from the
amount provided under the State allotment to support the activities of
the lead entity in the State--
``(1) to create, operate and maintain a peer review process;
``(2) to create, operate and maintain an information
clearinghouse;
[[Page 110 STAT. 3087]]
``(3) to fund a yearly symposium on State system change
efforts that result from the operation of the Statewide networks
of community-based, prevention-focused, family resource and
support programs;
``(4) to create, operate and maintain a computerized
communication system between lead entities; and
``(5) to fund State-to-State technical assistance through
bi-annual conferences.
``SEC. 209. <<NOTE: 42 USC 5116h.>> DEFINITIONS.
``For purposes of this title:
``(1) Children with disabilities.--The term `children with
disabilities' has the same meaning given such term in section
602(a)(2) of the Individuals with Disabilities Education Act.
``(2) Community referral services.--The term `community
referral services' means services provided under contract or
through interagency agreements to assist families in obtaining
needed information, mutual support and community resources,
including respite 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.
``(3) Family resource and support program.--The term `family
resource and support program' means a community-based,
prevention-focused entity that--
``(A) provides, through direct service, the core
services required under this title, including--
``(i) parent education, support and leadership
services, together with services characterized by
relationships between parents and professionals
that are based on equality and respect, and
designed to assist parents in acquiring parenting
skills, learning about child development, and
responding appropriately to the behavior of their
children;
``(ii) services to facilitate the ability of
parents to serve as resources to one another (such
as through mutual support and parent self-help
groups);
``(iii) outreach services provided through
voluntary home visits and other methods to assist
parents in becoming aware of and able to
participate in family resources and support
program activities;
``(iv) community and social services to assist
families in obtaining community resources; and
``(v) follow-up services;
``(B) provides, or arranges for the provision of,
other core services through contracts or agreements with
other local agencies, including all forms of respite
care services; and
``(C) provides access to optional services, directly
or by contract, purchase of service, or interagency
agreement, including--
``(i) child care, early childhood development
and early intervention services;
``(ii) referral to self-sufficiency and life
management skills training;
[[Page 110 STAT. 3088]]
``(iii) referral to education services, such
as scholastic tutoring, literacy training, and
General Educational Degree services;
``(iv) referral to services providing job
readiness skills;
``(v) child abuse and neglect prevention
activities;
``(vi) referral to services that families with
children with disabilities or special needs may
require;
``(vii) community and social service referral,
including early developmental screening of
children;
``(viii) peer counseling;
``(ix) referral for substance abuse counseling
and treatment; and
``(x) help line services.
``(4) Outreach services.--The term `outreach services' means
services provided to assist consumers, through voluntary home
visits or other methods, in accessing and participating in
family resource and support program activities.
``(5) Respite care services.--The term `respite care
services' means short term care services provided in the
temporary absence of the regular caregiver (parent, other
relative, foster parent, adoptive parent, or guardian) to
children who--
``(A) are in danger of abuse or neglect;
``(B) have experienced abuse or neglect; or
``(C) have disabilities, chronic, or terminal
illnesses.
Such services shall be provided within or outside the home of
the child, be short-term care (ranging from a few hours to a few
weeks of time, per year), and be intended to enable the family
to stay together and to keep the child living in the home and
community of the child.
``SEC. 210. <<NOTE: 42 USC 5116i.>> AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title,
$66,000,000 for fiscal year 1997 and such sums as may be necessary for
each of the fiscal years 1998 through 2001.''.
Subtitle C--Certain Preventive Services Regarding Children of Homeless
Families or Families At Risk of Homelessness
SEC. 131. REPEAL OF TITLE III.
Title III of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5118 et seq.) is repealed.
Subtitle D--Miscellaneous Provisions
SEC. 141. TABLE OF CONTENTS.
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.
[[Page 110 STAT. 3089]]
``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.
SEC. 142. REPEALS OF OTHER LAWS.
(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.
TITLE II--AMENDMENTS TO OTHER ACTS
Subtitle A--Family Violence Prevention and Services Act
SEC. 201. STATE DEMONSTRATION GRANTS.
Section 303(e) of the Family Violence Prevention and Services Act
(42 U.S.C. 10420(e)) <<NOTE: 42 USC 10402.>> is amended--
(1) by striking ``following local share'' and inserting
``following non-Federal matching local share''; and
(2) by striking ``20 percent'' and all that follows through
``private sources.'' and inserting ``with respect to an entity
operating an existing program under this title, not less than 20
percent, and with respect to an entity intending to operate a
new program under this title, not less than 35 percent.''.
SEC. 202. ALLOTMENTS.
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''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 310 of the Family Violence Prevention and Services Act (42
U.S.C. 10409) is amended--
[[Page 110 STAT. 3090]]
(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'')
SEC. 211. FINDINGS AND PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) 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.
SEC. 212. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) in subsection (a), by striking the last sentence;
(2) in subsection (b)--
(A) in paragraph (6), to read as follows:
[[Page 110 STAT. 3091]]
``(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) <<NOTE: Grants. Contracts.>> The Secretary shall provide,
directly or by grant to or contract with public or private nonprofit
agencies or organizations--
``(i) technical assistance and resource and referral
information to assist State or local governments with
termination of parental rights issues, in recruiting and
retaining adoptive families, in the successful placement of
children with special needs, and in the provision of pre- and
post-placement services, including post-legal adoption services;
and
``(ii) other assistance to help State and local governments
replicate successful adoption-related projects from other areas
in the United States.''.
SEC. 213. AUTHORIZATION OF APPROPRIATIONS.
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
SEC. 221. PRIORITY REQUIREMENT.
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.''.
[[Page 110 STAT. 3092]]
SEC. 222. REAUTHORIZATION.
Section 104(a)(1) of the Abandoned Infants Assistance Act of 1988
(42 U.S.C. 670 note) is amended by striking ``$20,000,000'' and all that
follows 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
SEC. 231. MISSING CHILDREN'S ASSISTANCE ACT.
(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.
SEC. 232. VICTIMS OF CHILD ABUSE ACT OF 1990.
Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13004) is amended--
(1) in subsection (a)(2), by striking ``and 1996'' and
inserting ``1996, and 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''.
Approved October 3, 1996.
LEGISLATIVE HISTORY--S. 919:
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SENATE REPORTS: No. 104-117 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 142 (1996):
July 18, considered and passed Senate.
Sept. 25, considered and passed House, amended.
Sept. 27, Senate concurred in House amendment.
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