[118th Congress Public Law 194]
[From the U.S. Government Publishing Office]



[[Page 2663]]

                   STOP INSTITUTIONAL CHILD ABUSE ACT

[[Page 138 STAT. 2664]]

Public Law 118-194
118th Congress

                                 An Act


 
To study and prevent child abuse in youth residential programs, and for 
          other purposes. <<NOTE: Dec. 23, 2024 -  [S. 1351]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Stop 
Institutional Child Abuse Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Institutional Child Abuse Act''.
SEC. 2. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE 
                    STUDY.

    (a) <<NOTE: Deadline. Contracts. Recommenda- tions.>> In General.--
Not later than 45 days after the date of enactment of this Act, the 
Secretary of Health and Human Services shall seek to enter into a 
contract with the National Academies of Sciences, Engineering, and 
Medicine (referred to in this section as the ``National Academies'') to 
conduct a study to examine the state of youth in youth residential 
programs and make recommendations.

    (b) <<NOTE: Time period. Reports. Recommenda- tions.>> Study 
Components.--Pursuant to the contract under subsection (a), the National 
Academies shall, not later than 3 years after the date of enactment of 
the Stop Institutional Child Abuse Act, and every 2 years thereafter for 
a period of 10 years, issue a report informed by the study conducted 
under such subsection that includes--
            (1) <<NOTE: Criteria. Assessment.>> identification of the 
        nature, prevalence, severity, and scope of child abuse, neglect, 
        and deaths in youth residential programs, including types of 
        abuse and neglect, causes of abuse, neglect, and deaths, and 
        criteria used to assess abuse, neglect, and deaths;
            (2) identification of all Federal and State funding sources 
        for youth residential programs;
            (3) identification of Federal data collection sources on 
        youth in youth residential programs;
            (4) identification of existing regulation of youth 
        residential programs, including alternative licensing standards 
        or licensing exemptions for youth residential programs;
            (5) identification of existing standards of care of national 
        accreditation entities that provide accreditation or 
        certification of youth residential programs;
            (6) identification of existing barriers in policy for 
        blending and braiding of funding sources to serve youth in 
        community-based settings;
            (7) recommendations for coordination by agencies of data on 
        youth in youth residential programs;

[[Page 138 STAT. 2665]]

            (8) recommendations for the improvement of oversight of 
        youth residential programs receiving Federal funding;
            (9) identification of risk assessment tools, including 
        projects that provide for the development of research-based 
        strategies for risk assessments relating to the health, safety 
        (including with respect to the use of seclusion and restraints), 
        and well-being of youth in youth residential programs;
            (10) recommendations to support the development and 
        implementation of education and training resources for 
        professional and paraprofessional personnel in the fields of 
        health care, law enforcement, judiciary, social work, child 
        protection (including the prevention, identification, and 
        treatment of child abuse and neglect), education, child care, 
        and other relevant fields, and individuals such as court 
        appointed special advocates and guardians ad litem, including 
        education and training resources regarding--
                    (A) the unique needs, experiences, and outcomes of 
                youth with lived experience in youth residential 
                programs;
                    (B) the enhancement of interagency communication 
                among child protective service agencies, protection and 
                advocacy systems, State licensing agencies, State 
                Medicaid agencies, and accreditation agencies;
                    (C) best practices to eliminate the use of physical, 
                mechanical, and chemical restraint and seclusion, and to 
                promote the use of positive behavioral interventions and 
                supports, culturally and linguistically sensitive 
                services, mental health supports, trauma- and grief-
                informed care, and crisis de-escalation interventions; 
                and
                    (D) the legal duties of such professional and 
                paraprofessional personnel and youth residential program 
                personnel and the responsibilities of such professionals 
                and personnel to protect the legal rights of children in 
                youth residential programs, consistent with applicable 
                State and Federal law;
            (11) recommendations to improve accessibility and 
        development of community-based alternatives to youth residential 
        programs;
            (12) recommendations for innovative programs designed to 
        provide community support and resources to at-risk youth, 
        including programs that--
                    (A) support continuity of education, including 
                removing barriers to access;
                    (B) provide mentorship;
                    (C) support the provision of crisis intervention 
                services and in-home or outpatient mental health and 
                substance use disorder treatment; and
                    (D) provide other resources to families and parents 
                or guardians that assist in preventing the need for out-
                of-home placement of youth in youth residential 
                programs;
            (13) recommendations relating to the development, 
        dissemination, outreach, engagement, or training associated with 
        advancing least-restrictive, evidence-based, trauma and grief-
        informed, and developmentally and culturally competent care for 
        youth in youth residential programs and youth at risk of being 
        placed in such programs;
            (14) recommendations on best practices regarding the health 
        and safety (including reduction or elimination of use

[[Page 138 STAT. 2666]]

        of seclusion and restraints), care, and treatment of youth in 
        youth residential programs to convey to States;
            (15) recommendations to improve the coordination, 
        dissemination, and implementation of best practices regarding 
        the health and safety (including use, reduction, or elimination 
        of seclusion and restraints), care, and treatment of youth in 
        youth residential programs among child welfare systems, 
        licensing agencies, accreditation organizations, other relevant 
        monitoring and enforcement entities, State child welfare 
        agencies, State Medicaid agencies, State mental and behavioral 
        health agencies, consumers, and State protection advocacy 
        centers; and
            (16) identification of aggregate data, including process-
        oriented data such as length of stay and use of restraints, and 
        seclusion and outcome-oriented data such as discharge setting 
        and ability to be safely maintained in school and community at 
        least 12 months after discharge, including--
                    (A) recommendations on how such data should be 
                shared across child-placing agencies and stakeholders, 
                including individuals receiving services, families of 
                such individuals, and advocates; and
                    (B) identification of barriers to sharing 
                information across child-placing agencies.

    (c) Consultation.--In carrying out the duties described in 
subsection (b), the National Academies shall consult with--
            (1) child advocates, including attorneys experienced in 
        working with youth overrepresented in the child welfare system 
        or the juvenile justice system;
            (2) health professionals, including mental health and 
        substance use disorder professionals, nurses, physicians, social 
        workers, and other health care providers who provide services to 
        youth who may be served by residential programs;
            (3) protection and advocacy systems;
            (4) individuals experienced in working with youth with 
        disabilities, including emotional, mental health, and substance 
        use disorders;
            (5) individuals with lived experience as children and youth 
        in youth residential programs, including individuals with 
        intellectual or developmental disabilities and individuals with 
        emotional, mental health, or substance use disorders;
            (6) representatives of State and local child protective 
        services agencies and other relevant public agencies;
            (7) parents or guardians of children and youth with 
        emotional, mental health, or substance use disorder needs;
            (8) parents of children and youth with intellectual 
        disabilities and autism;
            (9) experts on issues related to child abuse and neglect in 
        youth residential programs;
            (10) administrators of youth residential programs;
            (11) education professionals who provide services to youth 
        with complex needs in youth residential programs;
            (12) State educational agencies;
            (13) local educational agencies;
            (14) Indian Tribes and Tribal organizations;
            (15) State legislators;
            (16) State licensing agencies;
            (17) the Administration for Children and Families;
            (18) the Administration for Community Living;

[[Page 138 STAT. 2667]]

            (19) the Substance Abuse and Mental Health Services 
        Administration;
            (20) the Department of Justice;
            (21) the Indian Health Service;
            (22) the Centers for Medicare & Medicaid Services;
            (23) the National Council on Disability; and
            (24) others, as appropriate.

    (d) Report Submission and Publication. <<NOTE: Public 
information.>> --The National Academies shall submit to the Secretary 
for dissemination to relevant State agencies, and make publicly 
available, a report on the comprehensive review conducted under 
subsection (b), including the findings of the National Academies under 
subsection (b);

    (e) Definitions.--In this section:
            (1) Child abuse and neglect.--The term ``child abuse and 
        neglect'' has the meaning given such term in section 3 of the 
        Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
            (2) Culturally competent.--The term ``culturally competent'' 
        has the meaning given such term in section 102 of the 
        Developmental Disabilities Assistance and Bill of Rights Act of 
        2000 (42 U.S.C. 15002).
            (3) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization'' have the meanings given such 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (4) Protection and advocacy systems.--The term ``protection 
        and advocacy system'' means a system established by a State or 
        Indian Tribe under section 143 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            (6) Youth.--The term ``youth'' means an individual who has 
        not attained the age of 22.
            (7) Youth residential program.--
                    (A) In general.--The term ``youth residential 
                program'' means each location of a facility or program 
                operated by a public or private entity that, with 
                respect to one or more youth who are unrelated to the 
                owner or operator of the facility or program--
                          (i) provides a residential environment, such 
                      as--
                                    (I) a program with a wilderness or 
                                outdoor experience, expedition, or 
                                intervention;
                                    (II) a boot camp experience or other 
                                experience designed to simulate 
                                characteristics of basic military 
                                training or correctional regimes;
                                    (III) an education or therapeutic 
                                boarding school;
                                    (IV) a behavioral modification 
                                program;
                                    (V) a residential treatment center 
                                or facility;
                                    (VI) a qualified residential 
                                treatment program (as defined in section 
                                472(k)(4) of the Social Security Act (42 
                                U.S.C. 672(k)(4)));
                                    (VII) a psychiatric residential 
                                treatment program that meets the 
                                requirements of subpart D

[[Page 138 STAT. 2668]]

                                of part 441 of title 42, Code of Federal 
                                Regulations (or any successor 
                                regulations);
                                    (VIII) a group home serving children 
                                and youth placed by any placing 
                                authority;
                                    (IX) an intermediate care facility 
                                for individuals with intellectual 
                                disabilities; or
                                    (X) any residential program that is 
                                utilized as an alternative to 
                                incarceration for justice involved 
                                youth, adjudicated youth, or youth 
                                deemed delinquent; and
                          (ii) serves youth who have a history or 
                      diagnosis of--
                                    (I) an emotional, behavioral, or 
                                mental health disorder;
                                    (II) a substance misuse or use 
                                disorder, including alcohol misuse or 
                                use disorders; or
                                    (III) an intellectual, 
                                developmental, physical, or sensory 
                                disability.
                    (B) Exclusion.--The term ``youth residential 
                program'' does not include--
                          (i) a hospital licensed by a State; or
                          (ii) a foster family home that--
                                    (I) provides 24-hour substitute care 
                                for children placed away from their 
                                parents or guardians and for whom the 
                                State child welfare services agency has 
                                placement and care responsibility; and
                                    (II) is licensed and regulated by 
                                the State as a foster family home.

    Approved December 23, 2024.

LEGISLATIVE HISTORY--S. 1351:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 170 (2024):
            Dec. 11, considered and passed Senate.
            Dec. 17, 18, considered and passed House.

                                  <all>