Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                       Calendar No. 149
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-117
_______________________________________________________________________


 
      CHILD ABUSE PREVENTION AND TREATMENT ACT AMENDMENTS OF 1995

                                _______


    July 20 (legislative day, July 10), 1995.--Ordered to be printed

_______________________________________________________________________


   Mrs. Kassebaum, from the Committee on Labor and Human Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 919]

    The Committee on Labor and Human Resources, to which was 
referred the bill (S. 919) to reauthorize the Child Abuse 
Prevention and Treatment Act, Family Resource and Support 
Programs, Adoption Opportunities and Family Violence Prevention 
and Services Programs, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Summary of the bill..............................................2
 II. Background and need for legislation..............................2
III. Legislative history and committee action........................10
 IV. Committee views.................................................11
  V. Agency views....................................................24
 VI. Cost estimate...................................................25
VII. Regulatory impact statement.....................................27
VIII.Section-by-section analysis.....................................28

 IX. Changes in existing law.........................................31

    The Child Abuse Prevention and Treatment Act Amendments of 
1995 (CAPTA) reauthorize and amend the Child Abuse Prevention 
and Treatment Act, the Family Resource and Support Programs, 
the Adoption Opportunities Act, the Family Violence Prevention 
and Services Programs, the Abandoned Infants Assistance Act, 
the Missing Children's Assistance Act, and the Children's 
Justice Act.

                         I. Summary of the Bill

    On June 13, 1995, a bill to reauthorize the Child Abuse 
Prevention and Treatment Act, Family Resource and Support 
Programs, Adoption Opportunities and Family Violence Prevention 
and Services Programs was introduced by Senators Coats and 
Kassebaum. The bill, S. 919, was referred to the Committee on 
Labor and Human Resources. Subsequently, the chairman referred 
it to the Subcommittee on Children and Families.

                II. Background and Need for Legislation

           TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT

    Despite Federal programs, State and local efforts, 
increased media attention and public awareness, child abuse and 
neglect continues to be a significant problem in the United 
States. Recent reports present startling indications of child 
maltreatment in the United States.
    Each year an estimated 1 million children fall victim to 
substantiated cases of child abuse or neglect. In its April 
1995 report on child abuse and neglect fatalities, the U.S. 
Advisory Board on Child Abuse and Neglect reported that, each 
year, 141,700 children are seriously injured as a result of 
abuse and neglect, 18,000 are severely disabled, and 2,000 are 
killed.
    In 1994, according to the National Center for the 
Prevention of Child Abuse, 49 percent of the 1 million 
substantiated cases involved neglect. Of the remaining cases, 
21 percent involved physical abuse, 11 percent involved sexual 
abuse, 3 percent involved emotional maltreatment and 16 percent 
involved other forms of abuse or neglect.
    Many more reports of alleged child abuse and neglect are 
filed each year than are substantiated, overwhelming an already 
overburdened child protective system. In 1993, for example, 
close to 3 million reports of suspected abuse and neglect 
stretched tight resources, including staff time. Two-thirds of 
the reports were later categorized as unsubstantiated; a small 
number were found to be false reports.
    These reports have so overwhelmed the system that a recent 
survey of State administrators indicated that child protective 
systems (CPS) are routinely placing children in jeopardy. 
Approximately one-third of State CPS agencies were unable to 
investigate reports within 24 or 48 hours, as required by law. 
In New York City, for example, in 11 percent of cases, no home 
visit had occurred within 40 days after reports were filed. In 
the same period of time, children had not been examined in 22 
percent of the cases. Alleged perpetrators had not been 
interviewed in 17 percent of the cases. The potential 
compromise in the safety of children is obvious. Over half of 
the children who die from abuse and neglect come from families 
previously investigated by Child Protective Service.
    The lack of timeliness in investigations can also have a 
negative impact on those involved in cases in which child 
maltreatment has not actually occurred. Being under suspicion 
can harm both children and families by leaving them in limbo. 
It also unnecessarily increases the amount of governmental 
intrusion that they experience, including removal of the child 
to protect his/her best interests.
    Along with the increase in reports of child abuse and 
neglect, there has been a dramatic increase in the number of 
children removed from their homes and placed in foster care. At 
the end of 1983, an estimated 269,999 children were in foster 
care; by the end of 1993, an estimated 443,796 children were in 
foster care This represents an increase of 60 percent.
    While child maltreatment occurs in all socioeconomic and 
cultural groups poverty makes child maltreatment much more 
likely to be reported. This is also reflected in the high rates 
of poverty among ethnic minorities. Minority children enter the 
child protection system in disproportionately large numbers and 
are far more likely to remain in substitute care for long 
periods of time--even years.
    The system is seeing a large increase in the number of 
children entering it, in addition to an increasing complexity 
in the problems that these children bring. The population in 
foster care is even more disturbed, with significant numbers 
being drug exposed.
    Since the introduction of crack cocaine in the mid-1980's, 
drug abuse has been a prevailing problem for many CPS agencies. 
In 1994, over half of the States reported substance abuse as 
one of the primary problems presented by their caseloads.
    All of these factors have caused a crisis in the child 
protection system. In its 1990 report entitled ``Critical First 
Steps in Response to a National Emergency'', the United States 
Advisory Board on Child Abuse and Neglect found the Child 
Protective System to be failing. According to the report, ``It 
is not a question of acute failure of a single element of the 
system; there is chronic and critical multiple organ failure. 
In such a context, the safety of children cannot be ensured. 
Indeed, the system itself can at times be abusive to 
children.''
    Unfortunatley, the foster care system has been unable to 
respond adequately to the demands generated by the large 
numbers of children being placed in care. In many States, no 
one even knows exactly how many children are in care or how 
much it costs. In some States, children do not know the name of 
their CPS caseworker, whom they rarely often see. Moreover, 
most maltreated children, even after they have been identified 
as such by public authorities and placed in foster care, do not 
receive treatment.
    Often, children are abused even in foster homes. According 
to Professor Richard Wexler, in his book. ``Wounded 
Innocents.'' ``Foster care is not a haven. Often it is not even 
safe. Most people assume that removing children from their 
parents means removing them from danger and placing them in 
safety. Often, it is the other way around.''
    And, in joint testimony, the National Center for Youth Law 
and the Youth Law Center told a congressional committee panel, 
``Our offices have become painfully aware of many situations 
where children's health and lives are in greater jeopardy in 
foster homes than they were while they were living with their 
families.''
    Foster care is far from the only difficulty in the child 
protection system. The Advisory Board's report also states: 
``No matter which element of the system that it [the Advisory 
Board] examined--prevention, investigation, treatment, 
training, or research--it found a system in disarray, a 
societal response ill-suited in form or scope to respond to the 
profound problems facing it. It was forced to conclude that the 
child protection system is so inadequate and so poorly planned 
that the safety of the Nation's children cannot be assured.''
    Child welfare policy must begin to emphasize safety and to 
differentiate between those children who are in danger of 
serious injury and those who are not. Ensuring the safety of 
children placed in its care must be the primary goal of child 
protective services systems. Where a child can safely remain at 
home, he should be allowed to. No longer can we assume that a 
child will automatically be better off placed outside the home. 
Safety, even in foster care, must be considered a first 
priority.

       history of federal involvement in child abuse and neglect

    The first Federal programs specifically designed to address 
concerns regarding child abuse and neglect in this country were 
authorized under the Child Abuse Prevention and Treatment Act 
(Public Law 93-247), enacted in 1974. This legislation provided 
Federal financial assistance for identifying, preventing, and 
treating child abuse and neglect. The act has since been 
extended through fiscal year 1995 and has been amended to 
expand the scope of activities. It also authorizes the Adoption 
Opportunities Act and family violence prevention and service 
activities.
    The original Child Abuse Act authorized the creation of the 
National Center on Child Abuse and Neglect (NCCAN) to help 
establish the parameters of the problem and to provide 
incentives for developing effective methods of treatment. The 
act also authorized demonstration grants and a State grant 
program for activities relating to preventing and treating 
child abuse and neglect. To be eligible for funding under the 
State grant program, States were required to establish systems 
for reporting and investigation child abuse and neglect and for 
providing immunity from prosecution for persons so reporting.
    In 1978, the act was amended by Public Law 95-266, which 
extended the programs under the act through fiscal year 1981 
and, among other things, expanded the Center's grant making 
authority. It also required the establishment of research 
priorities and earmarked funds for the prevention and treatment 
of child sexual abuse. In response to concerns that Federal 
assistance was needed to help facilitate adoption of children, 
particularly those whose placement was constrained by being of 
school age or being disabled, the 1978 amendments also 
authorized through fiscal year 1981 a new adoption 
opportunities program to help eliminate barriers to adoption.
    In 1981, the Child Abuse Prevention and Treatment Act and 
the Adoption Opportunities Act were extended through fiscal 
year 1983 under the Omnibus Budget Reconciliation Act (Public 
Law 97-35); and in 1984, the programs were extended through 
fiscal year 1987 under amendments to the Child Abuse Act 
(Public Law 98-457). The 1984 amendments expanded the Center's 
responsibilities to include additional studies. They required, 
as an additional criterion for eligibility for the State grant 
program, that States implement systems for responding to 
reports of medical neglect in cases involving severely disabled 
newborns; and authorized a new State grant program and other 
assistance to help States develop and run systems for 
responding to reports of medical neglect, including withholding 
of medically indicated treatment from disabled infants with 
life-threatening conditions. The 1984 amendments also 
authorized a new State demonstration program in the area of 
family violence prevention and services.
    The Child Abuse Prevention Federal Challenge Grants Act was 
enacted on October 12, 1984, as title IV of Public Law 98-473, 
the continuing appropriations bill for fiscal year 1985. In 
enacting this legislation, the Congress found that since 1980 
certain States had begun to recognize the critical need for 
child abuse prevention efforts and had established Children's 
Trust Funds. These State funds were generated by surcharges on 
marriage licenses, birth certificates, and divorce actions or 
by special indication on State income tax returns. This allowed 
States to pay for child abuse and neglect prevention activities 
in the face of depressed State economies and budget cutbacks. 
Money for child abuse prevention projects had historically been 
lacking because of the need to direct limited resources toward 
treating the increasing numbers of children already abused. 
Only one or two States had direct appropriations to support the 
broad range of child and neglect prevention activities.
    At the time, no Federal funds were directed specifically at 
assisting State efforts to prevent child abuse and neglect. 
When the legislation was enacted, 20 States had set up special 
funds for child abuse prevention. The kinds of programs 
supported by these special funding mechanisms ranged from 
classes on parenting and coping with family stress to statewide 
public education campaigns and special sexual abuse prevention 
training for children. The Challenge Grant program was 
developed to encourage all States to establish and maintain 
significant funds to support child abuse prevention projects. 
The number of States receiving funding under the Challenge 
Grant program increased from 33 States in fiscal year 1986, the 
first year of appropriations for the program, to 47 States 
which were awarded a total of $4,933,501 in fiscal year 1990.
    In 1986, the Child Abuse Act was amended by provisions of 
the Children's Justice and Assistance Act (Public Law 99-401), 
establishing a new State grant program for improving the 
administrative and judicial handling of child abuse cases, 
especially those involving child sexual abuse. Funding for this 
program is derived from fines collected from persons convicted 
of certain Federal offenses.
    In 1987, the Child Abuse Prevention and Treatment Act was 
reauthorized (Public Law 100-294), extending its program 
through fiscal year 1991. The 1987 amendments also established 
a new interagency task force and a newly constituted Advisory 
Board on Child Abuse and Neglect.
    The Child Abuse Prevention Challenge Grants Reauthorization 
Act of 1989 (Public Law 101-126) reauthorized the Challenge 
Grant program through fiscal year 1991 and transferred it to 
the Child Abuse Prevention and Treatment Act as title II. The 
program is administered by NCCAN under Treatment Act as title 
II. The program is administered by NCCAN under the Department 
of Health and Human Services (HHS). HHS announces the 
availability of Federal funds and determines State eligibility 
for Federal challenge grants. Subject to appropriations, States 
are awarded the lesser of (1) 25 percent of State funds made 
available for prevention in the previous year or (2) 50 cents 
for every child living in the State.

      TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

    The Human Service Amendments of 1994 consolidated three 
programs into the new Community-Based Family Resource Programs 
which was placed in title II of CAPTA. Two of the consolidated 
programs had been part of CAPTA: the Emergency Child Abuse 
Prevention Services Grants (Sec. 107A of CAPTA), and the 
Community-Based Child Abuse and Neglect Prevention Grants 
(title II of CAPTA). In addition, the 1994 Amendments 
consolidated the Family Resource and Support Program, which was 
a part of the Claude Pepper Young Americans Act of 1990 
(enacted as title IX of the Augustus F. Hawkins Services 
Reauthorization Act of 1990).

       community-based child abuse and neglect prevention grants

    The Child Abuse Prevention Challenge Grants Reauthorization 
Act of 1989 (P.L. 101-126) reauthorized the Challenge Grant 
Program through fiscal year 1991 and transferred it to title II 
of the Child Abuse Prevention and Treatment Act. This program 
was administered by NCCAN. The Child Abuse, Domestic Violence, 
Adoption, and Family Services Act of 1992 (P.L. 102-295) 
modified this program and changed the name to ``the Community-
Based Child Abuse and Neglect Prevention Grants.'' The purpose 
of this program was to assist States in supporting child abuse 
and neglect prevention activities. States were eligible for 
grants if they had established trust funds for the 
administration of child abuse prevention activities. Funds were 
distributed to all such States based on child population and 
the amounts of non-Federal funds collected by States for their 
trust funds. Between fiscal year 1991 and fiscal year 1994, 
funding levels for this program ranged from $5.4 million to 
$5.3 million.

            emergency child abuse prevention services grants

    The Emergency Child Abuse Prevention Services Grants 
program was intended to provide for services to children whose 
parents were substance abusers. Grants were made directly to 
local public and non-profit organizations to provide these 
services. Between fiscal year 1991 and fiscal year 1994, 
funding for this program ranged from $19.5 million to $19.0 
million.

              family resource and support centers program

    The Family Resource and Support Centers Program was 
established to fund States, on a competitive basis, to 
establish statewide networks of family support programs, in 
collaboration with existing health, mental health, education, 
employment and training, child welfare, and other social 
services agencies within the State. In order to provide 
adequate funding for this broad charge, the grants were 
required to be at least $1.5 million per year. With funding at 
around $5 million in fiscal years 1992-94, HHS awarded three 
grants of $1.5 million each to Maryland, Virginia, and 
Connecticut. Each State took a unique approach to the operation 
of this program. One administered it through a Health 
Department, another through an Education Department, and the 
third through a private non-profit entity.
    Programs established under this authority were designed to 
operate consistent with the family support philosophy: the 
basic relationship between programs and the family is one of 
equality and respect; participants are a vital resource; 
programs are community-based and culturally and socially 
relevant to the families they serve; parent education, 
information about human development, and skill building for 
parents are essential elements of every program; and programs 
are voluntary. The collaborative efforts of these programs 
resulted in critical innovations at the State level. These 
efforts also strengthened existing comprehensive programs in 
communities and tested innovative approaches at the local 
level. Services provided included parent education, early 
childhood development, outreach, community and social services 
referrals, housing assistance, job training, and parenting 
support, all of which help prevent child abuse.

                           1994 consolidation

    Because the response to the Family Resource and Support 
Program was so positive, Congress broadened the program and 
expanded it to all States in the Human Services Amendments of 
1994. These amendments sought to establish and promote 
statewide networks of family support programs, using innovative 
approaches to blending funds and leveraging additional 
resources that were central to the Community-Based Child Abuse 
Prevention Grants. These programs were designed to operate with 
the same family support philosophy that was embedded in the 
Family Resource and Support Program.
    This program was intended to further enhance the States' 
abilities to develop comprehensive networks of family support 
programs. The funding was meant to supplement, rather than 
supplant, other State funding. The program encouraged States to 
leverage a broad array of public and private funding for the 
development of the networks.
    Congress intended that each State would choose an 
organization to act as the lead entity. The lead entity differs 
from State to State, but in each State it is the most 
appropriate organization to carry out the mission of the 
program. The lead entity is required to demonstrate the ability 
to work with other State and community-based agencies to 
provide training and technical assistance; a commitment to 
parental participation in the design and implementation of 
family resource programs; the capacity to promote a statewide 
network of family resource programs; and the capacity to 
exercise leadership in implementing effective strategies for 
capacity building, and access to funding for family resource 
services across agencies.
    The Community-Based Family Resource Program was authorized 
at $50 million for fiscal year 1995. The program was included 
as title II of the Child Abuse Prevention and Treatment Act and 
was authorized for only one year in order to put in on the same 
reauthorization cycle as the rest of CAPTA.

         TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

    The Family Violence program provides grants to States to 
assist in supporting programs and projects to prevent incidents 
of family violence and provide immediate shelter and related 
assistance for victims of family violence and their dependents. 
S. 919 establishes that 70 percent of funds are to be used for 
grants to States, 10 percent to tribes, 10 percent for State 
domestic violence coalitions, 5 percent for information and 
technical assistance centers, and 5 percent for other 
activities.
    The Family Violence Prevention and Services Act (P.L. 98-
457) was enacted in fiscal year 1984 to assist States (and 
Indian tribes) to prevent family violence, to provide immediate 
shelter for victims of family violence and their dependents, 
and to provide technical assistance and training relating to 
family violence programs. The programs under the act are 
administered by the Administration for Children, Youth, and 
Families of the Department of Health and Human Services. The 
act authorized three grant programs: (1) demonstration grants 
to States (and Indian tribes) for prevention programs, shelters 
and related assistance; (2) law enforcement training and 
technical assistance grants for regionally based programs; and 
(3) information and training grants to foster cooperation 
between law enforcement agencies, domestic violence shelters, 
social service agencies and hospitals.
    The Family Violence Act also authorizes a national 
information and research clearinghouse on the prevention of 
family violence (including the abuse of elderly persons) and a 
family member abuse information and documentation project to 
provide for objective documentation of data on the victims of 
family violence.
    Domestic violence programs had, in fact, preceded Federal 
legislation. Shelters for abused women were first established 
in 1975. The number of shelters in the United States has 
subsequently increased from just 4 to over 1,200. Between 60 
percent and 70 percent of women who utilize shelters do not 
return to their abusive partners after their stay (Strube, 
1988). The availability of shelters has also been associated 
with a decline in the rate of female-perpetrated homicide 
against a partner (Browne & Williams, 1989).
    Nonetheless, three out of four women who seek the safety of 
a family violence shelter are denied access due to insufficient 
space. Women continue to face the dilemma of living amidst 
violence or fleeing. Forty percent of the homeless women in New 
York are thought to be victims of family violence. Research has 
shown that lack of economic support and ``having no place to 
go'' are predictive of return to an abusive spouse after a stay 
at a shelter.
    Victims of family violence need several sources of support 
to reestablish safe lives. Financial assistance is usually 
critical. Many victims, however, are intimidated by the process 
of obtaining assistance or are uncertain about how to obtain 
such services. Shelters play a crucial role in linking victims 
to the appropriate services for transportation and technical 
assistance, which help to ease the transition between shelter 
residence and permanent housing and employment.

                  TITLE IV--ADOPTION OPPORTUNITIES ACT

    The Adoption Opportunities Act was originally enacted in 
fiscal year 1978. The most significant reauthorization of this 
act occurred in 1992. These amendments included requiring the 
Secretary of Health and Human Services to conduct extensive 
recruitment efforts for potential adoptive parents and to 
promote professional leadership training of minorities in the 
adoption field. A total of $30 million was authorized for the 
act in fiscal year 1992, which included $10 million for general 
grant activities, $10 million for minority children placement 
grants, and $10 million for grants increasing the placement 
rate of foster children legally available for adoption.
    The act awards grants on a competitive basis to States and 
to public or private nonprofit child welfare or adoption 
agencies, among others, for several activities, including a 
national exchange to link prospective parents with children who 
are free for adoption. It also provides training and technical 
assistance to States to help public and private agencies 
improve adoption practices. In addition, funds support an 
adoption information clearinghouse containing information on 
adoption in the United States.

               TITLE V--ABANDONED INFANTS ASSISTANCE ACT

    The Abandoned Infants Assistance Act was enacted in fiscal 
year 1988 (P.L. 100-505) in response to problems with substance 
abusing parents and the increase in the number of boarder 
babies abandoned in hospitals. The program funds discretionary 
grants to public and private nonprofit organizations for a 
number of activities relating to the needs of these children, 
in particular those with Acquired Immune Deficiency Syndrome 
(AIDS). These activities include programs aimed at preventing 
the abandonment of children and the recruitment and training of 
health and social service personnel. This program is 
administered by the Administration on Children, Youth and 
Families of the Department of Health and Human Services.
    Despite the lack of conclusive evidence, there is 
widespread consensus among experts in the field that crack 
cocaine is the driving force behind an increasing numbers of 
children entering foster care and the fairly new phenomenon of 
boarder babies. The Abandoned Infants Assistance Act targets 
its funds to boarder babies, rather than drug-affected children 
in general. Drug-affected children and their mothers can 
receive services under several Federal programs including the 
Social Services Block Grant, Child Welfare Services, the Child 
Abuse Act, Medicaid, and the Maternal and Child Health Block 
Grant (title V of the Social Security Act). As drug-affected 
children (including boarder babies) and their families require 
more attention, providing prevention services and coordinating 
services among programs are issues that may need to be 
addressed.
    The Abandoned Infants Assistance Act Amendments of 1991 
(P.L. 102-236) extended the Abandoned Infants Act through 
fiscal year 1995 and set the authorization level at $25 million 
for fiscal year 1992. The act authorized new residential 
service centers to provide support to infants and young 
children, and their natural, foster, and adoptive families.

             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

    At the request of Senate Judiciary Committee, the Missing 
Children's Assistance Act and section 214 B of the Victims of 
Child Abuse Act are reauthorized for 2 years at current funding 
levels. An evaluation provision was added to the Missing 
Children's Assistance Act to provide the opportunity to 
demonstrate the effectiveness of its activities. It is the 
intent of the Judiciary Committee to look at these two 
programs, as well as other related Judiciary Committee 
programs, within the context of the reauthorization of the 
Juvenile Justice and Delinquency Prevention Act which is 
scheduled for reauthorization in 1996.

             III. Legislative History and Committee Action

    A hearing on child abuse titled, ``Child Protection: 
Balancing Diverging Interests,'' was held by the Subcommittee 
on Children and Families of the Committee on Labor and Human 
Resources on May 25, 1995. The primary issues raised by the 
witnesses included: the increasing numbers of unsubstantiated 
reports of child abuse and neglect and the effect on the child 
protection system; how these reports negatively impact children 
and prevent States from responding to those legitimately in 
need of assistance; how families are affected when they are 
wrongly and unnecessarily investigated; what happens to 
children removed from their homes and placed in foster care 
settings; how the child protection system and the community can 
work together to more effectively identify and prevent serious 
harm to children, including fatalities such as those that 
occurred in Connecticut in the Spring of 1995; the importance 
of better training of all individuals who work in the child 
protection system, including mandatory reporters; and an 
examination of State efforts to fundamentally restructure the 
child protective system to allow for varied intervention 
responses and community involvement.
    Witnesses at the hearing included: Jim and Alicia Wade, 
Cabool, MO; Richard Wexler, professor of communications, 
Pennsylvania State University, Beaver, Dr. Betty S. Spivack, 
director of pediatric intensive care unit, Hartford Hospital, 
Hartford, CT; Carol Hopkins, former deputy foreman, San Diego 
Grand Jury, San Diego, CA; Michael Weber, director, Program for 
the Community Protection of Children, St. Paul, MN; and Thomas 
Morton, executive director, Child Welfare Institute, Atlanta, 
GA.
    S. 919 was introduced on June 13, 1995, by Senators Coats 
and Kassebaum and was referred to the Committee on Labor and 
Human Resources. The Committee on Labor and Human Resources 
considered a substitute amendment to S. 919 in an executive 
session held on Wednesday, June 21, 1995. No other amendments 
were offered and the substitute amendment was agreed to. The 
bill as amended was adopted unanimously by roll call vote and 
ordered reported favorably to the full Senate.

                          IV. Committee Views

                             General Goals

    The committee has three general goals for this legislation: 
(1) to better target Federal abuse and neglect resources; (2) 
to enhance the ability of States to respond to actual cases of 
abuse and neglect; and (3) to consolidate and coordinate 
Federal data collection efforts.

           national center on child abuse and neglect (nccan)

    Section 103 amends section 101 of the act to allow the 
Secretary of the Department of Health and Human Services (HHS) 
to establish an Office on Child Abuse and Neglect, which would 
be responsible for executing and coordinating the functions and 
activities of the act. This section thereby repeals the current 
mandate for the National Center on Child Abuse and Neglect 
(NCCAN).
    Despite NCCAN's accomplishments and its assumption of 
expanded responsibilities, a number of congressional reviews 
have produced critical findings. The 1991 report of the U.S. 
Advisory Board on Child Abuse and Neglect noted that, ``within 
the social services component of Department of Health and Human 
Services, NCCAN has had remarkably little impact. * * *''
    The report continues, ``The National Center lacks a visible 
and coherent planning process, tending to diffuse its energy in 
too many directions at once instead of concentrating on a 
circumscribed set of achievable objectives.''
    The committee notes the significant contribution that NCCAN 
staff have made and are making in the area of child abuse and 
neglect. Because of their efforts, the nation is more aware of 
the problem of child maltreatment than ever before. However, 
the committee is concerned by the many criticisms of NCCAN in 
recent years. Therefore, the committee has repealed the 
statutory mandate for NCCAN and, in its place, has given the 
Secretary authority to establish an Office on Child Abuse and 
Neglect.

               advisory board on child abuse and neglect

    Section 104 amends section 102 of the act by repealing the 
current mandate for a U.S. Advisory Board on Child Abuse and 
Neglect. Instead, the Secretary of HHS is given authority to 
exercise his/her discretion in deciding whether or not to 
appoint an advisory board to make recommendations concerning 
specific child abuse and neglect issues.
    The committee intends that the Secretary be given broad 
discretion in deciding the range of issues that an advisory 
board would be appointed to examine. But if appointed, the 
committee would like the board to examine, at a minimum, the 
following issues: coordination of Federal, State and local 
child abuse and neglect activities with activities regarding 
family violence at all these levels; specific modifications 
needed in Federal and State laws to reduce the number of 
unfounded or unsubstantiated reports of abuse or neglect while 
increasing the attention given to identifying legitimate cases 
of child maltreatment; and modifications needed to better 
facilitate coordinated data collection with respect to child 
protection and child welfare.

           inter-agency task force on child abuse and neglect

    Section 105 repeals the legislative mandate for an 
Interagency Task Force on Child Abuse and Neglect. Although the 
task force has served several useful purposes, the committee 
believes its resources would be best spent elsewhere. The task 
force participants are essentially technical experts who are, 
for the most part, not the decision-makers in their respective 
agencies. Task force deliberations and effectiveness, 
therefore, have suffered because the participants do not have 
the authority to commit the resources of their agencies to 
joint ventures related to child protection.
    The committee notes, however, the need for ongoing 
communication among Federal agencies to ensure coordination of 
programs and research related to child maltreatment. The 
committee encourages the Secretary to examine other mechanisms 
for coordination and to identify the most effective and 
efficient means for assuring that this type of collaboration 
takes place.

                        Unsubstantiated Reports

    At the same time that many cases of seriously abused 
children go unreported, there is also a problem that undercuts 
efforts to prevent the maltreatment of children: The nation's 
child protective agencies are being inundated by reports, two-
thirds of which are eventually categorized as unsubstantiated. 
Although rules, procedures, and even terminology vary (some 
States use the phrase ``unfounded'' while others use 
``unsubstantiated'' or ``not indicated''), in essence, an 
``unsubstantiated'' report is one that is dismissed after an 
investigation finds insufficient evidence on which to proceed. 
This does not mean, however, that all unsubstantiated reports 
are false or that all have been investigated.
    The committee is concerned that only one-third of reports 
of abuse and neglect are substantiated. The committee notes 
that a certain proportion of unsubstantiated reports is an 
inherent and legitimate aspect of reporting suspected child 
maltreatment and may be necessary to ensure adequate child 
protection. Hundreds of thousands of individuals report their 
suspicions--they cannot all be right. Some unsubstantiated 
reports may have been actual cases of abuse or neglect, but for 
which the abuse could not be proven.
    There are other reasons why reports may not be 
substantiated. Because of the breadth of reporting laws and 
increased media attention of child abuse, many people report 
situations which do not constitute legal abuse or neglect. Some 
of these families may need support services to prevent abuse or 
neglect from occurring, but intervention through the child 
protective system is not warranted.
    Cases may also not be substantiated because the caseworker 
was transferred, the family moved, the child was unable to 
talk, or CPS failed to find medical evidence. Finally, some 
reports determined to be unsubstantiated are simply false--that 
is, there is absolutely no evidence of any inadequate parental 
care.
    But the committee is concerned that unsubstantiated rates 
of the current magnitude may go beyond anything reasonably 
needed. Worse, they endanger children who are truly being 
abused. Unfortunately, the flood of unsubstantiated reports is 
overwhelming the limited resources of child protective 
agencies, endangering children who are abused and in need of 
protection, and in some cases, jeopardizing the civil liberties 
of families.
    Moreover, children who are in real danger are getting lost 
in the press of cases. Forced to allocate a substantial portion 
of their limited resources to investigating reports which turn 
out to be unsubstantiated, child protective agencies are less 
able to respond promptly and effectively when children are in 
serious danger. Some reports are left uninvestigated for weeks 
at a time. In other cases, investigators miss key facts as they 
rush to clear cases. Dangerous home situations receive 
inadequate supervision as workers ignore pending cases to 
investigate new reports that arrive daily on their desks.
    This may help explain why 25 to 50 percent of the deaths 
from child abuse involve children who were previously known to 
the authorities. Tens of thousands of other children suffer 
serious injuries short of death while under the supervision of 
child protective agencies.
    The large number of unsubstantiated reports is in part due 
to the breadth of child abuse reporting laws. For 30 years, 
program administrators and politicians have joined cause to 
encourage even more reports of suspected child abuse and 
neglect.
    Under threat of civil and criminal penalties, mandated 
reporter laws require most professionals who have contact with 
children to report suspected child abuse and neglect. About 20 
States require all citizens to report, and in every State, any 
citizen is permitted to report.
    These reporting laws, associated with public awareness 
campaigns and professional education programs, have been 
strikingly successful. In 1993, there were approximately 3 
million reports of children suspected of being abused or 
neglected. This is a twentyfold increase from 1963, when about 
150,000 children were reported to the authorities.
    Many ask whether this vast increase in reporting signals a 
rise in the incidence of child maltreatment or whether the 
maltreatment existed before and was not identified. 
Unfortunately, so many cases of maltreatment previously went 
unreported that earlier reporting statistics do not provide a 
reliable baseline against which to make comparisons.
    As a result of these laws, many thousands of children have 
been saved from serious injury and even death. The best 
estimate is that over the past 20 years, child abuse and 
neglect deaths have fallen from over 3,000 a year to about 
1,100 a year.
    But further improvement of the system requires reducing the 
number of unfounded and false reports. The problems of 
nonreporting and inappropriate reporting are linked and must be 
addressed together before further progress can be made in 
combating child abuse and neglect.
    Section 106 amends section 104 of the act to retain 
authorization for a national clearinghouse for information 
relating to child abuse and neglect and to expand the duties of 
such a clearinghouse to include collecting data on false and 
unsubstantiated reports of child abuse and neglect.
    Section 111 makes changes in the definition of child abuse 
and neglect to give States greater flexibility in targeting 
investigations and services toward the most serious allegations 
of abuse and neglect.

                      revised eligibility criteria

    Section 107(b) requires States, in order to be eligible for 
a grant, to provide assurances signed by the chief executive 
officer of that State that it has in effect a State law or 
statewide program relating to child abuse and neglect. These 
eligibility criteria include requirements that States have 
provisions or procedures for the reporting of known and 
suspected instances of child abuse and neglect; procedures for 
the immediate screening, safety assessment, and prompt 
investigation of such reports, and 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.
    The revised State eligibility criteria and State plan are 
designed to ensure that States are responsible for planning and 
implementing the essential elements of an effective and 
efficient child protective service system without placing undue 
administrative burdens on States. The role of the Federal 
Government is to ensure that States have a child protection 
system in place which is capable of responding to needs, that 
information about the effectiveness of the system is made 
public, and that States exhibit continuous improvement in 
providing assistance to children whose families abuse or 
neglect them.

                         expungement of records

    The committee is concerned that families are being 
negatively (and sometimes unjustly) affected by a State or 
locality's maintenance of public records of unsubstantiated 
allegations of abuse or neglect.
    Sec. 107(b)(1)(H) requires States to provide assurances 
that it has in place procedures 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. The committee explicitly reaffirms that nothing in this 
section shall be interpreted to prevent State child protective 
service agencies from keeping information on unsubstantiated 
reports in their casework files to assist in future risk and 
safety assessment.

                    change in child abuse definition

    Section 111 makes changes to the definition of child abuse 
and neglect contained in section 113 of the act to provide that 
States define child abuse and neglect to mean, 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.''
    Testimony presented to the committee suggests that society 
has delegated or relegated to Child Protective Service (CPS) 
agencies the entire responsibility for protecting children from 
abuse and neglect and that those agencies have accepted and 
attempted to implement that responsibility unilaterally. The 
result has been a CPS system that is burdened by unrealistic 
expectations and inadequate resources. The committee believes 
that public policies and procedures at all governmental levels 
should support CPS agencies. The protection of children demands 
quality investigations and services.
    The committee has proposed a change in the definition of 
child abuse and neglect contained in CAPTA in order to 
facilitate a more appropriate focus on the functions of CPS 
agencies. As in the Federal statutory definition of child abuse 
and neglect currently contained in CAPTA, the new definition 
proposed by this legislation addresses elements of serious 
physical and mental injury, sexual abuse, and negligent 
treatment. This definition allows States to limit abuse and 
neglect definitions to serious harm to a child. At the same 
time, the definition, by specifying ``at a minimum'', allows 
States, if they wish, to define child abuse and neglect more 
broadly. The intent of this legislation is not to force States 
to change their current definitions; instead, the new 
definition accommodates those States which choose to limit the 
scope of CPS interventions to cases involving serious harm. The 
change in definition follows from the committee's belief that 
Federal leadership to States must allow States the flexibility 
they need to protect children rather than perpetuate Federal 
micromanagement.
    The committee has intentionally distinguished physical and 
emotional harm situations. States have been given the option of 
incorporating the concept of ``serious harm'' from cases of 
alleged sexual abuse and exploitation, where no ``serious 
harm'' qualifier is intended. The bill maintains the current 
definition of sexual abuse which broadly covers unlawful sexual 
acts with children.
    The committee recognizes that some States may choose to 
restrict their protective interventions to cases where, at the 
least, an imminent risk of serious harm is presented. The 
Committee believes, however, that there are some child neglect 
situations where interventions should not be this limited, for 
example, cases where very young children are left ``home 
alone''.
    In using the word ``recent'' as a qualifier to parental 
action or inaction which constitute child maltreatment, the 
committee does not intend that States should limit their 
authority in situations where past evidence may suggest that 
children are still at risk. For example, this includes, but is 
not limited to physicians diagnosing through x-rays a child's 
previously broken bones or other injuries in various stages of 
healing that appear consistent with the ``battered child 
syndrome.''

                      data collection and research

    Subsection (f) of section 109 requires States receiving 
grants under this section, in consultation with the Secretary, 
to provide, to the maximum extent practicable, data on a number 
of indicators regarding reports of child abuse and neglect and 
child protective services agencies' responses to these reported 
cases. This was done in order to provide Congress and the 
public with the first comprehensive and reliable information 
about the condition and performance of the Nation's child 
protective/child welfare system. The committee believes this 
will enhance the availability of data needed to assess the 
functioning of child protective services at the State and 
Federal levels.
    The committee recognizes that some of the information is 
already being reported by the majority of States through the 
National Child Abuse and Neglect Data System. In order to 
prevent duplication of efforts, the committee encourages the 
Secretary and the States to integrate the submission of data 
under this subsection with the ongoing data collection activity 
authorized in section 106. Furthermore, the committee 
encourages the Secretary to work with the States to identify 
the most effective and efficient means for collecting other 
data items requested in the annual State data reports.

                                research

    Section 107 amends section 105 of the act to restructure 
the research activities function of the Secretary of HHS by 
requiring research in a variety of areas including: the extent 
to which unsubstantiated, unfounded and false reported cases 
contribute to the inability of States to respond effectively to 
serious cases of child abuse or neglect; the incidence of 
physical, sexual, and emotional abuse and neglect in substitute 
care; the extent to which the lack of adequate resources and 
training of reporters have contributed to the inability of 
States to respond promptly to serious cases of child abuse and 
neglect; and the incidence and outcomes of abuse allegations 
reported within the context of divorce, custody, or other 
family court proceedings.
    The committee believes that scientifically valid research 
in the field of child maltreatment will help ensure that scarce 
resources are allocated wisely. Funds invested to answer 
pressing questions about child maltreatment--e.g. the 
effectiveness of treatment and prevention programs; the 
relationship between child abuse and other social problems such 
as drug abuse, domestic violence, and juvenile crime; the 
effects of abuse over the life span--will be repaid in our 
ability to develop effective strategies for prevention and 
appropriate intervention.
    The committee feels strongly that rigorous scientific 
research into child maltreatment is important to the Nation's 
well being. The committee encourages the Secretary to ensure 
that (1) the peer review process for research grants is 
rigorous and meritorious, and (2) experts in the field of child 
maltreatment research are highly involved in determining the 
research agenda.
    The committee also notes that in recent years research has 
begun to explore the links between child abuse and other family 
violence. To promote these efforts, the committee urges the 
Secretary to initiate research projects in this area and to 
develop proposals for better coordination between child abuse 
prevention and treatment activities and family violence 
prevention and services activities.

                          peer review process

    Section 107 also strengthens the peer review process to 
ensure that research exhibiting the highest level of scientific 
merit and technical rigor receives primary consideration for 
Federal funding.
    The committee notes the success of the peer review process 
widely employed by the National Institutes of Health and 
suggests to the Secretary that it may serve as an appropriate 
model for child maltreatment research grants.
    The committee further notes that significant resources have 
been invested in field-generated research. The committee 
encourages the Secretary to develop research priorities, in 
consultation with recognized experts in the field, that avoid 
duplication of previous efforts.

                       immunity from prosecution

    Under current law, CAPTA requires, as part of the State 
eligibility requirements, that mandated reporters received full 
immunity from prosecution for all reports (professional or 
otherwise) of suspected child abuse. Almost two-thirds of abuse 
and neglect reported is not substantiated. There is a 
disturbing trend of estranged spouses using charges of abuse 
against the ex-spouse to gain custody of children.
    In order to address this problem, the committee gives 
States authority to prosecute persons who knowingly or 
maliciously file false abuse charges while protecting those who 
report in ``good faith,'' under Section 109(b)(1)(D).
    According to ``Recognizing Child Abuse,'' by American 
Enterprise Institute Resident Scholar Douglas Besharov, 
mandated reporters are frequently told to ``take no chances'' 
and to report any child for whom they have the slightest 
concern. Some individuals report cases where children whose 
behavior suggests that they may have been abused--even in the 
absence of any other evidence of maltreatment. These 
``behavioral indicators'' may include, for example, children 
who are unusually withdrawn or shy as well as children who are 
unusually friendly to strangers. However, Besharov concludes 
that only a small minority of children who exhibit such 
behaviors have actually been maltreated.
    In exercising ``good faith immunity,'' States may act to 
protect mandated reporters who, in exercising their 
professional judgment, decide not to report a questionable 
circumstance which they believe does not constitute child abuse 
or neglect. This, however, is not intended to weaken current 
reporting requirements where child abuse or neglect is 
suspected.

                          local demonstrations

    Section 108 amends section 106 of the act to give the 
Secretary authority to make grants for demonstration programs 
for (1) training and educational opportunities for 
professionals, families, service providers, and communities; 
(2) child abuse resource centers; (3) mutual support and self-
help programs aimed at preventing child abuse and neglect; (4) 
triage systems based upon case assessments that facilitate more 
than one response to reports of abuse; (5) kinship care 
programs; and (6) supervised visitation centers for families 
where there is court ordered supervised visitation as a result 
of child abuse or domestic violence.
    The committee concludes that one uniform response by child 
protective service agencies to all reports of child abuse and 
neglect can lead to inappropriate and insufficient approaches 
to the wide variety of reports currently being received by 
these agencies.
    The committee encourages the Secretary, through this 
demonstration category, to pursue innovative approaches to 
responding to reports of child abuse and neglect. For example, 
Florida and Missouri are conducting demonstration projects that 
permit child protective service agencies to develop different 
courses of action responsive to and appropriate to the variety 
of reports received. The committee intends that these 
demonstration projects would include at least two responses: 
one comprehensive assessment that provides for the delivery of 
services to prevent child abuse and neglect and advance the 
well-being of the child and other family members; the other, an 
investigation in cooperation with law enforcement of the most 
serious reports. This investigation shall place an emphasis on 
intensive, possibly judicial, intervention to protect the child 
and shall be accompanied by services and supports designed to 
prevent further abuse and neglect. The committee intends that a 
triage system by developed which shall respond to reports in a 
manner most appropriate for protecting the safety of the child, 
to achieve family preservation (where possible), and to enhance 
the well being of all family members.
    The committee also concludes that child protective service 
agencies, even in conjunction with law enforcement and the 
courts, cannot alone fulfill all of society's responsibility 
for protecting children. Throughout the Nation, a wide array of 
voluntary organizations concerned with the quality of 
neighborhood and community life participate in partnerships to 
assist in the prevention of child maltreatment.
    Community agencies (including community social service 
agencies), schools, and religious institutions often possess a 
unique capacity to initiate activities necessary for the 
promotion of a responsive community child protection system. 
This involvement must be fostered and developed.
    The committee does not intend that these other sectors of 
the community replicate the roles appropriate to child 
protection service agencies (particularly the acceptance, 
screening and initial assessment of reports and the 
investigative or intensive intervention roles). Rather these 
other sectors of the community should each assume their own 
appropriate roles (particularly outreach to families, an 
ongoing assessment of strengths and needs, and the provision of 
services and supports in both preventing and responding to 
child abuse and neglect.
    The committee is particularly interested in demonstrations 
which enable families reported for child abuse and/or neglect 
to receive the needed services and supports through 
collaborative partnerships between the child protective service 
agency and other sectors of the community. The committee 
intends that this reliance on the larger community for services 
for children and families complements rather than replaces the 
provision of services by staff of the child protective service 
agency. The committee urges States participating in this 
demonstration to reallocate some of the resources currently 
committed to investigations.
    The committee recognizes that building on the strengths of 
families by promoting parental competencies and capacities is 
an important component of child abuse prevention. Therefore, 
the committee has included bill language authorizing a 
demonstration grant to maintain a national network of mutual 
support and self-help programs as a means of strengthening 
families in partnership with their communities. It is critical 
to enhance the capacity of community-based services which 
promote working partnerships with families in need to address 
problems before child protective service intervention is 
required. Families should be able to ask for and receive help 
early through programs such as Parents Anonymous which 
effectively deal with potential child abuse situations.
    The unique Parents Anonymous model of shared leadership 
between parents and professionals exemplifies the notion that 
by building on the strengths of families, child abuse and 
neglect can be prevented. This cost saving effort fosters 
community ownership, self reliance, and mutual support in 
neighborhoods all across the United States.

                            medical neglect

    CAPTA currently allows, but does not require, States to 
exempt parents from prosecution on grounds of medical neglect 
if the parent was employing alternative means of healing as 
part of the parent's religious practice. CAPTA currently 
requires the States to have procedures in place to report, 
investigate and intervene in situations where children are 
being denied medical care needed to prevent harm.
    In recent years, HHS has moved to disqualify certain States 
from CAPTA funding based on the State's application of the 
religious exemption for medical neglect. In the fiscal year 
1995 Labor/Health and Human Services/Education appropriations 
bill, Congress placed a 1-year moratorium to prevent HHS from 
enforcing its policy.
    A concern has been raised by several religious 
organizations with respect to the current law.
    The committee intends through section 115(b) to clarify 
that a State's child protection system should be structured so 
as to ensure that the State is able to prevent the withholding 
of medically indicated treatment from children with life 
threatening conditions (including ``Baby Does'') and in cases 
where the child is in jeopardy of serious harm.
    Section 113 of the bill adds a new section 115 that 
addresses the issue of spiritual treatment of children. The 
section does not require a parent or legal guardian to provide 
a child with medical service or treatment against their 
religious beliefs, nor does it require a State to find, or 
prohibit a State from finding, abuse or neglect cases where the 
parent or guardian relied solely or partially on spiritual 
means rather than medical treatment in accordance with their 
religious beliefs. The section does require a State to have in 
place authority under State law to pursue any legal remedies 
necessary to provide medical care or treatment 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.
    The committee affirms the States' sole discretion over its 
case by case determinations relating to medical neglect. 
Section 115 should not, however, be interpreted to discourage 
the reporting of such incidences to child protective services 
nor to exempt any child's situation from State reporting 
requirements.

                       multiethnic placement act

    State law governs adoption and foster care placement. At 
least 35 States permit race to be used as one of many factors 
in making adoption and foster care placement decisions. The 
Multiethnic Placement Act of 1994, passed by both the House and 
Senate and signed into law by the President, permits States, 
under specific circumstances, to consider race and ethnicity as 
one of many factors in selecting a foster care or adoptive 
home. S. 919 does not repeal that legislation.
    The committee reaffirms its commitment to protecting the 
best interests of the child through permanency planning and 
placement of the child in a loving and appropriate home as soon 
as possible.
    The committee encourages the States to redouble their 
efforts to actively recruit families from a variety of 
experiences, races, cultures and religions to meet the needs of 
children in their care.

      TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

                       creation of a new program

    Section 201 amends title II of the act to create a new 
program--Community-Based Family Resource and Support Grants--by 
combining the authority for the Community-Based Family Grants, 
the Temporary Child Care for Children with Disabilities and 
Crisis Nurseries Grants, and the Family Support program (title 
VII (9) of the McKinney Homeless Assistance Act.)
    The purpose of the new program is to support State efforts 
through formula grants to develop, operate and expand a network 
of community-based, prevention focused family resource and 
support programs that coordinate resources among a wide range 
of existing public and private organizations (including 
education, disability, community action, child care, child 
abuse and neglect, Head Start, juvenile justice, domestic 
violence, and housing). The title repeals the authority of the 
three programs listed above.

                              lead entity

    Section 202(1)(A) provides that in order for a State to be 
eligible for funds under this title, the chief executive 
officer must designate an entity to administer funds for the 
purposes identified under this title.
    In making that designation, the committee intends that 
States have maximum flexibility regarding the designation of a 
lead entity. The lead entity should be the most appropriate 
organization to accomplish the preventive family resource goals 
of this title. This determination should be based on an 
entity's ability to integrate family resource services and to 
leverage and blend State, Federal and private funds at the 
local level for family resource programs. The legislation 
specifically requires that the State choose an entity that has 
demonstrated commitment and an ability to work with public and 
private State and community-based organizations. The committee 
does not intend for States that have already made extensive 
progress in developing family resource programs to designate a 
new or different entity than that which they currently have.
    The committee foresees the entity designation varying from 
State to State, depending upon the needs in a particular State. 
Therefore, a lead entity could be the Children's Trust Fund, 
nonprofit intermediary, or a State agency in collaboration with 
other organizations. Undue Federal prescriptiveness does not 
reflect the committee's intention to provide the States with 
maximum flexibility regarding the choice of the lead entity.

                              eligibility

    The committee intends in section 202(2)(C) that grants be 
used to fund programs of statewide networks of services rather 
than a series of categorical programs.

                             advisory board

    The committee intends in section 202(2)(A) that the lead 
entity work with an advisory board or other structure of public 
and private partners and parents to advise and help direct the 
program. This board is not required to have a specific legal 
status or organizational structure.

                    existing and continuation grants

    The committee intends in section 204 that grants which are 
currently funded under the Family Resources and Support 
Program, the Community-Based Family Resource Program, the 
Family Support Center Program, the Emergency Child Abuse 
Prevention Grant Program or the Temporary Child Care Children 
with Disabilities and Crisis Nurseries Programs continue, 
subject to the original terms of the grants through the end of 
the applicable cycle.
    Continuation grants are authorized to enable statewide 
networks developed under the Family Resource and Support 
program to continue operating without a disruption of services.

                              application

    Section 205(a)(3) requires each State to provide ``an 
assurance that an inventory of current family resource 
programs, respite, child abuse and neglect prevention 
activities, and other family resource services operating in the 
State and a description of current unmet needs.'' Congress does 
not intend to duplicate requirements in the Social Security 
Act, title IV-B by requiring that a separate assessment be 
conducted.

                            national network

    Section 208 provides that the activities of the lead 
entities be supported by a National Network for Community-Based 
Family Resource programs. The Secretary has the discretion to 
use such sums as are necessary from the amount provided under 
the State allotments to support the activities of a National 
Network. The membership includes, but is not limited to, those 
enumerated in title II. A National Network is to provide 
activities and support services which, through conferences and 
meetings, a peer review process, and an information 
clearinghouse, will improve the lead entities and statewide 
networks.

      child abuse prevention and family resource support programs

    Section 207(a)(5) requires States to combine or leverage 
private, State, and Federal funds and to direct those funds to 
integrated prevention services. The committee intends that the 
child abuse and neglect prevention activities be part of the 
integrated network of services among a variety of services 
available through Family Resource Centers. The committee 
further intends that the centers ensure universal access to 
services provided.

                     respite and non-core services

    The committee recognizes that respite is a critical and 
cost-effective component of family support. Therefore, section 
206(3)(B) requires States to provide access to respite care and 
other optional services, although individual resource and 
support centers are not required to provide these services on-
site. In using the phrase ``to the extent practicable,'' the 
committee has not intended to limit the ability of the lead 
entity or the local program to providing or arranging for 
respite as part of a broader array of family resource services. 
The local program should make every effort to provide, or to 
locate and assure access to, such services for the families who 
require respite care, especially those at risk of abuse or 
neglect.

                       priority for local funding

    In section 206(b) the committee intends that local 
initiatives which are funded by any of the programs 
consolidated into the Family Resource and Support Program may 
apply for continued local program funding as part of a State's 
network as long as they meet local program requirements.

                          parental involvement

    The committee believes that parents should have a vital 
role in the development and maintenance of the services planned 
under this title. The lead entity and local programs are 
strongly encouraged to foster and maintain leadership roles for 
parents in partnership with professionals. It is the 
committee's believe that strong parental involvement will 
result in community-based prevention services which better 
address family needs at the neighborhood level. Meaningful, 
ongoing and effective parental involvement in policy and 
program decisions will require a strong commitment by the lead 
entity and local programs. To ensure parental involvement, the 
lead entity and local programs should establish mechanisms, 
conduct training, and devise parent leadership strategies, with 
the assistance of organizations such as Parents Anonymous.

                            Grants to Tribes

    Section 203(a) reserves 1 percent of funding for Indian 
tribes, tribal organizations and migrant programs. Recognizing 
that all of the requirements for State programs contained in 
this title may not be appropriate for tribes, the committee 
urges the Secretary to make discretionary grants to tribes, 
tribal organizations, and migrants that further the purposes of 
this title.

         TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

    The Family Violence program provides grants to assist in 
supporting programs and projects to prevent incidents of family 
violence and their children. The Violence Crime Control and Law 
Enforcement Act of 1994 reauthorized this program through 
fiscal year 2000. S. 919 clarifies and codifies the 
distribution of funds for activities authorized by the Family 
Violence Prevention and Services Act. S. 919 establishes that 
70 percent of funds are to be used for grants to States, 10 
percent to tribes, 10 percent for State domestic violence 
coalitions, 5 percent for information and technical assistance 
centers, and 5 percent for other activities.
    Only minor technical corrections were made to this program 
to reconcile it with the Violence Crime Control and Law 
Enforcement Act of 1994.

                  TITLE IV--ADOPTION OPPORTUNITIES ACT

    The Adoption Opportunities Act seeks to find permanent 
families for children who are free for adoption, especially 
children with special needs. The committee has included several 
technical changes to reflect projects that are no longer needed 
or had previously been accomplished by the Secretary. The 
committee has included language requiring that Secretary to 
study and report on the efficacy of States contracting with 
public or private nonprofit agencies, community-based 
organizations, or sectarian institutions for the recruitment of 
potential adoptive and foster care families and for the 
Secretary to provide assistance in the placement of children 
for adoption

               TITLE V--ABANDONED INFANTS ASSISTANCE ACT

    The committee has reauthorized this program without any 
changes.

             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

    At the request of the Judiciary Committee, the Missing 
Children's Assistance Act and section 214B of the Victims of 
Child Abuse Act are reauthorized for 2 years at current funding 
levels. An evaluation provision was added to the Missing 
Children's Assistance Act to provide the program the 
opportunity to demonstrate the effectiveness of its activities. 
It is the intent of the Judiciary Committee to look at these 
two programs, as well as other related Judiciary Committee 
programs, within the context of the reauthorization of the 
Juvenile Justice and Delinquency Prevention Act which is 
scheduled for reauthorization in 1996.
    It is the intention of the Labor Committee and the 
Judiciary Committee to continue to authorize the following 
programs as they currently exist: Grants to States for Child 
Abuse and Neglect Prevention and Treatment Programs, the 
National Center for the Prosecution of Child Abuse, and the 
Crime Victims Assistance Program, and the Children's Justice 
Act Program for Native Americans. These programs are self-
funded through the Department of Justice trust funds, and 
therefore, do not require specific reauthorization, as no 
changes were made in the programs.

                            V. Agency Views

                                   The Secretary of
                                 Health and Human Services,
                                     Washington, DC, June 20, 1995.
Hon. Dan Coats,
Chairman, Subcommittee on Children and Families, Committee on Labor and 
        Human Resources, U.S. Senate, Washington, DC.
    Dear Chairman Coats: This letter expresses the 
Administration's view on S. 919, the ``Child Abuse Prevention 
and Treatment Act Amendments of 1995'' that you have sponsored 
with Senator Kassebaum.
    The Administration supports your efforts to reauthorize the 
Child Abuse Prevention and Treatment Act (CAPTA) and several 
other vital children's programs. In 1993, over one million 
children were victims of substantiated child abuse and neglect, 
and each year about 2000 children die as a result of child 
maltreatment. The Child Abuse Prevention and Treatment Act, 
together with the Adoption Opportunities program and the 
Abandoned Infants Assistance Act, are important components of 
federal, state and community efforts to help our Nation's most 
vulnerable children.

Child Abuse Prevention and Treatment Act (CAPTA)

    We applaud the overall direction of S. 919 to simplify the 
administration of CAPTA and to provide states with greater 
flexibility in the operation of this program. We believe that 
research, demonstrations, and technical assistance are 
essential activities, and commend the steps you have taken in 
your legislation to strengthen them.
    The Administration shares your commitment to effective 
child abuse prevention activities, and appreciates your 
proposal to reauthorize Title II of CAPTA, which is similar to 
the President's FY 1996 Budget proposal to consolidate Family 
Support Centers with Community-Based Resource Centers. This 
provision directs attention and resources on family-focused, 
community-based approaches to preventing child abuse and 
neglect. The consolidation of the Temporary Child Care for 
Children with Disabilities and Crisis Nurseries Act with the 
Community-Based Child Abuse and Neglect Prevention Grants will 
further streamline these efforts.
    The Administration looks forward to working with you during 
the legislative process to further coordination between CAPTA 
and other federal child welfare legislation; ensure an 
appropriate balance between the need to protect families 
against over-intrusive public action and the need to protect 
children from harm; ensure the provision of community-based 
respite services; encourage attention at the federal and state 
level to the links between child abuse and domestic violence; 
and ensure the appropriate level of reporting from the state 
agencies.

Adoption opportunities and abandoned infants

    For those children who cannot safely remain with their 
families, prompt placement into a loving adoptive home is 
crucial to their stability and well-being. The Administration 
supports the proposed reauthorization of the Adoption 
Opportunities program, which has played a key role in 
encouraging high quality adoption services. Similarly, we 
support the bill's continuation of the Abandoned Infants 
program, which is carefully targeted to help provide care for 
sick or abandoned babies in the most impacted communities.
    The Administration appreciates your commitment and 
leadership on behalf of abused and neglected children and 
vulnerable families. We look forward to working with the 
Committee on the passage of a bipartisan bill that supports 
families and enhances children's safety and well-being, and 
promotes opportunity of all children to be raised in a 
permanent and loving home.
    The Office of Management and Budget advises that there is 
no objection to the transmittal of this letter to the Congress. 
A similar letter is being sent to Senator Kassebaum.
            Sincerely,
                                                  Donna E. Shalala.

                           VI. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget office,
                                      Washington, DC, July 6, 1995.
Hon. Nancy Landon Kassebaum,
Chairman, Committee on Labor and Human Resources, U.S. Senate, 
        Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
reviewed S. 919, the Child Abuse Prevention and Treatment Act 
Amendments of 1995, as ordered reported by the Senate Committee 
on Labor and Human Resources on June 21, 1995.
    CBO estimates that enactment of S. 919 would not affect 
direct spending or receipts. Therefore, pay-as-you-go 
procedures would not apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dorothy 
Rosenbaum.
            Sincerly,
                                                   June E. O'Neill.

               Congressional Budget Office Cost Estimate

    1. Bill number: S. 919.
    2. Bill title: Child Abuse Prevention and Treatment Act 
Amendments of 1995.
    3. Bill status: As ordered reported by the Senate Committee 
on Labor and Human Resources on June 21, 1995.
    4. Bill purpose: S. 919 would modify and extend the 
authorization of appropriations for programs authorized by 
Child Abuse Prevention and Treatment Act and other related 
acts.
    5. Estimated cost to the Federal Government: The budgetary 
effects of the legislation are summarized below, both with and 
without adjusting the authorizations of appropriation for 
inflation in years when the amount authorized is not specified.

     PROJECTED SPENDING UNDER S. 919--WITH INFLATION ADJUSTMENT FOR     
                       UNSPECIFIED AUTHORIZATIONS                       
                [By fiscal years, in millions of dollars]               
------------------------------------------------------------------------
                           1995    1996    1997    1998    1999    2000 
------------------------------------------------------------------------
Spending Under Current                                                  
 Law:                                                                   
    Estimated                                                           
     authorizations \1\.     128      19       8       8  ......  ......
    Estimated outlays...     104     114      33      13       8       1
Proposed Changes:                                                       
    Child Abuse                                                         
     Prevention and                                                     
     Treatment Act:                                                     
        General Program:                                                
            Estimated                                                   
             authorizati                                                
             ons........  ......     100     103     107     111     115
            Estimated                                                   
             outlays....  ......       9      82     103     107     110
    Community-based                                                     
     Child Abuse and                                                    
     Neglect:                                                           
        Prevention                                                      
         Grants:                                                        
            Estimated                                                   
             authorizati                                                
             ons........  ......     108     108     108     108     108
            Estimated                                                   
             outlays....  ......      11      94     108     108     108
        Adoption                                                        
         Opportunities:                                                 
            Estimated                                                   
             authorizati                                                
             ons........  ......      20      21      21      22      23
            Estimated                                                   
             outlays....  ......       2      17      21      21      22
        Abandoned                                                       
         Infants                                                        
         Assistance:                                                    
            Estimated                                                   
             authorizati                                                
             ons........  ......      35      36      37      39      40
            Estimated                                                   
             outlays....  ......       4      31      36      37      39
        Missing                                                         
         Children's                                                     
         Assistance:                                                    
            Estimated                                                   
             authorizati                                                
             ons........  ......  ......       7  ......  ......  ......
            Estimated                                                   
             outlays....  ......  ......       2       3       3   (\2\)
        Victims of Child                                                
         Abuse Act:                                                     
            Estimated                                                   
             authorizati                                                
             ons........  ......  ......       5       2       2       2
            Estimated                                                   
             outlays....  ......  ......       1       2       3       2
        Family Support                                                  
         Centers:                                                       
            Estimated                                                   
             authorizati                                                
             ons........  ......      -8      -8      -8  ......  ......
            Estimated                                                   
             outlays....  ......      -1      -7      -8      -7      -1
              Total                                                     
               proposed                                                 
               changes:.                                                
                  Estima                                                
                   ted                                                  
                   autho                                                
                   rizat                                                
                   ions.  ......     255     272     268     282     288
                  Estima                                                
                   ted                                                  
                   outla                                                
                   ys...  ......      25     220     265     272     281
Authorization of                                                        
 Appropriations Under S.                                                
 919:                                                                   
    Estimated                                                           
     authorizations.....     128     275     280     276     282     288
    Estimated outlays...     104     139     253     278     280    282 
------------------------------------------------------------------------
\1\ The 1995 figure is the amount actually appropriated for that fiscal 
  year.                                                                 
\2\ Less than $500,000.                                                 
                                                                        
Note.--Details may not add to totals due to rounding.                   


    PROJECTED SPENDING UNDER S. 919--WITH NO INFLATION ADJUSTMENT FOR   
                       UNSPECIFIED AUTHORIZATIONS                       
                [By fiscal years, in millions of dollars]               
------------------------------------------------------------------------
                           1995    1996    1997    1998    1999    2000 
------------------------------------------------------------------------
Spending Under Current                                                  
 Law:                                                                   
    Estimated                                                           
     authorizations \1\.     128      19       7       7  ......  ......
    Estimated outlays...     104     113      32      12       7       1
Proposed Changes:                                                       
    Child Abuse                                                         
     Prevention and                                                     
     Treatment Act:                                                     
        General Program:                                                
            Estimated                                                   
             authorizati                                                
             ons........  ......     100     100     100     100     100
            Estimated                                                   
             outlays....  ......       9      82     100     100     100
    Community-based                                                     
     Child Abuse and                                                    
     Neglect:                                                           
        Prevention                                                      
         Grants:                                                        
            Estimated                                                   
             authorizati                                                
             ons........  ......     108     108     108     108     108
            Estimated                                                   
             outlays....  ......      11      94     108     108     108
        Adoption                                                        
         Opportunities:                                                 
            Estimated                                                   
             authorizati                                                
             ons........  ......      20      20      20      20      20
            Estimated                                                   
             outlays....  ......       2      17      20      20      20
        Abandoned                                                       
         Infants                                                        
         Assistance:                                                    
            Estimated                                                   
             authorizati                                                
             ons........  ......      35      35      35      35      35
            Estimated                                                   
             outlays....  ......       4      30      35      35      35
        Missing                                                         
         Children's                                                     
         Assistance:                                                    
            Estimated                                                   
             authorizati                                                
             ons........  ......  ......       7  ......  ......  ......
            Estimated                                                   
             outlays....  ......  ......       2       3       2   (\2\)
        Victims of Child                                                
         Abuse Act:                                                     
            Estimated                                                   
             authorizati                                                
             ons........  ......  ......       5       2       2       2
            Estimated                                                   
             outlays....  ......  ......       1       2       3       2
        Family Support                                                  
         Centers:                                                       
            Estimated                                                   
             authorizati                                                
             ons........  ......      -7      -7      -7  ......  ......
            Estimated                                                   
             outlays....  ......      -1      -6      -7      -7      -1
              Total                                                     
               proposed                                                 
               changes:.                                                
                  Estima                                                
                   ted                                                  
                   autho                                                
                   rizat                                                
                   ions.  ......     256     267     258     265     265
                  Estima                                                
                   ted                                                  
                   outla                                                
                   ys...  ......      25     220     260     261     264
Authorization of                                                        
 Appropriations Under S.                                                
 919:                                                                   
    Estimated                                                           
     authorizations.....     128     274     274     265     265     265
    Estimated outlays...     104     138     252     272     269     265
------------------------------------------------------------------------
\1\ The 1995 figure is the amount actually appropriated for that fiscal 
  year.                                                                 
\2\ Less than $500,000.                                                 
                                                                        
Note.--Details may not add to totals due to rounding.                   

    The costs of this bill fall within budget function 500.
    6. Basis of estimate: S. 919 authorizes appropriations for 
fiscal years 1996 through 2000 for programs under the Child 
Abuse Prevention and Treatment Act, the Adoptions Opportunities 
Program, and the Abandoned Infants Assistance Program. The bill 
authorizes appropriations for 1996 and 1997 for Missing 
Children's Assistance and Regional and Local Children's 
Advocacy Centers under the Victims of Child Abuse Act. The bill 
authorizes appropriations for Technical Assistance under the 
Victims of Child Abuse Act for 1996 through 2000. The programs 
authorized by the Victims of Child Abuse Act are currently 
authorized through fiscal year 1996. S. 919 also consolidates 
three programs--Community-based Resource Centers, Family 
Support Centers, and Temporary Child Care for Children with 
Disabilities and Crisis Nurseries--into a new Community-based 
Family Resource and Support Grant Program.
    Where the authorization amount is not specified, CBO 
estimates the authorization under two scenarios. Under the 
first scenario, the stated amount for 1996 is adjusted for 
projected inflation thereafter. Under the second scenario, the 
projected authorization level is assumed to be equal to the 
stated amount for 1996. Estimated outlays assume full 
appropriation of the amounts assumed to be authorized.
    7. Pay-as-you-go considerations: None.
    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Dorothy Rosenbaum and Mark 
Grabowicz.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director, for Budget Analysis.

                    VII. Regulatory Impact Statement

    The committee has determined that there will be minimal 
increases in the regulatory burden imposed by this bill.

                   VIII. Section-by-Section Analysis

                  TITLE I--CHILD ABUSE GENERAL PROGRAM

    Section 1 establishes the short title of the act to be the 
``Child Abuse Prevention and Treatment Act Amendments of 
1995.''
    Section 101 establishes that all amendments in the act 
pertain to the Child Abuse Prevention and Treatment Act.
    Section 102 amends section 2 of the act, which contains the 
findings section.
    Section 103 amends section 101 of the act to allow the 
Secretary of the Department of Health and Human Services (HHS) 
to establish an Office on Child Abuse and Neglect, which would 
be responsible for executing and coordinating the functions and 
activities of the act. This section thereby repeals the current 
mandate for a National Center on Child Abuse and Neglect.
    Section 104 amends section 102 of the act by repealing the 
current mandate for a U.S. Advisory Board on Child Abuse and 
Neglect, and instead allowing the Secretary of HHS to appoint 
an advisory board to make recommendations concerning child 
abuse and neglect issues. Duties of the new board include 
making recommendations on: the coordination of Federal, State 
and local child abuse and neglect activities with similar 
activities regarding family violence at those levels; specific 
modifications needed in Federal and State laws to reduce the 
number of unfounded or unsubstantiated reports of abuse or 
neglect while increasing attention to severe cases of child 
treatment; and modifications needed to facilitate coordinated 
data collection with respect to child protection and child 
welfare.
    Section 105 repeals section 103 of the act, which 
establishes an interagency task force on child abuse and 
neglect.
    Section 106 amends section 104 of the act to retain 
authorization for a national clearinghouse for information 
relating to child abuse and neglect and expands the duties of 
such a clearinghouse to include collecting data on false and 
unsubstantiated reports and deaths resulting from child abuse 
and neglect. The collection and dissemination of such data will 
involve information which, to the extent practicable, is 
universal and case specific and is integrated with other case-
based foster care and adoption data.
    Section 107 amends sections 105 of the act to restructure 
the research activities function of the Secretary of HHS by 
requiring research on additional issues, including 
substantiated and unsubstantiated reported child abuse cases.
    Section 107 also expands the technical assistance that can 
be provided under the act to include evaluation or 
identification of various methods for investigation, 
assessment, and prosecution of child physical and sexual abuse 
cases; resultant ways to mitigate psychological trauma to the 
child victim; and effective programs carried out by the States 
under titles I and II of the act.
    Additionally, section 107 allows the Secretary of HHS to 
provide for the dissemination of information relating to 
various training resources available at the State and local 
levels to individuals who interact with child abuse victims.
    And finally, section 107 continues authorization for a 
formal peer review process which utilizes scientifically valid 
review criteria.
    Section 108 amends section 106 of the act to retain 
authority for the demonstration grants program and to change 
the criteria for awarding grants under the program. The areas 
that States and localities can submit projects for are: 
training and educational opportunities for professionals, 
families, service providers, and communities, as well as 
training and educational opportunities through child abuse 
resource centers; mutual support programs for parents and self-
help programs; and such other innovative programs as the 
Secretary may approve, including the use of a training system 
that differentiates in its response to various degrees of 
reported abuse and neglect, kinship care programs, and 
supervised visitation centers for families where there is child 
abuse or domestic violence. All demonstration projects will be 
evaluated for their effectiveness.
    Section 109 amends section 107 of the act, related to the 
basic State grant program, by changing the eligibility 
requirements for this program. States must now submit a plan 
every 5 years (instead of 4) demonstrating their eligibility 
and specifics about how the grant money will be used.
    To be eligible for funds, States must provide an assurance 
or certification, signed by the chief executive officer of the 
State, that the State has a law or statewide program relating 
to procedures for: reporting of known and suspected instances 
of child abuse and neglect; immediate screening, safety 
assessment, and prompt investigation of such reports; 
procedures for immediate steps to be taken to protect the 
safety of children; provisions for immunity from prosecution 
for individuals making good faith reports of child abuse; 
methods for preserving confidentiality of records; requirements 
for the prompt disclosure of relevant information to 
appropriate entities working to protect children; the 
cooperation of law enforcement officials, court personnel and 
human service agencies; provision for the appointment of a 
guardian ad litem to represent the child in any judicial 
proceedings; and provisions that facilitate the prompt 
expungement of unsubstantiated or false child abuse reports.
    The section retains the requirement that States have in 
place procedures for responding to reports of medical neglect, 
including instances of withholding medically indicated 
treatment from disabled infants with life-threatening 
conditions. In addition, States must have in place, within 2 
years of enactment of the act, provisions by which individuals 
who disagree with an official finding of abuse or neglect can 
appeal such a finding.
    Section 109 also requires States to submit an annual data 
report which will detail, among other things, information on 
the number of children reported for abuse, the types and 
quality of services provided, and the number of children 
injured or killed as a result of abuse or neglect.
    Section 110 repeals section 108 of the act, which provides 
technical assistance to States for child abuse prevention and 
treatment programs. This function is transferred to the 
Secretary.
    Section 111 makes changes to definitions contained in 
section 113 of the act. It strikes the definitions for 
``board'' and ``center,'' and changes the definition of ``child 
abuse and neglect'' to mean, 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.''
    Section 112 amends section 114(a) of the act related to 
authorization of appropriations to maintain the current 
authorization level of $100 million and to change the years the 
program is authorized to fiscal year 1997 through 2000, and to 
require that 33\1/3\ percent of funds be spent on discretionary 
activities and that no more than 40 percent of the amount spent 
on demonstration projects under section 106.
    Section 113 adds a new section 115 that addresses the issue 
of spiritual treatment of children. The section does not 
require a parent or legal guardian to provide a child with 
medical service or treatment, against his or her religious 
beliefs, nor does it require a State to find, or prohibit a 
State from finding, abuse or neglect in cases where the parent 
or guardian relied solely or partially on spiritual means 
rather than medical treatment, in accordance with their 
religious beliefs. The section does require a State to have in 
place authority under State law to pursue any legal remedies 
necessary to provide medical care or treatment 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. Each 
State has sole discretion over its case by case determinations 
relating to medical neglect.

  TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

    Section 201 amends title II of the act to create a new 
program--Community-Based Family Resource and Support Grants--by 
combining the authority for the Community-Based Family Resource 
Grants, the Temporary Child Care for Children with Disabilities 
and Crisis Nurseries Grants, and the Family Support program 
(title VII(F) of the McKinney Homeless Assistance Act). The 
purpose of the new program is to support State efforts through 
formula grants to develop, operate and expand a network of 
community-based, prevention-focused family resource and support 
programs that coordinate resources among a wide range of 
existing public and private organizations (including education, 
disability, community action, child care, child abuse and 
neglect, Head Start, juvenile justice, domestic violence, and 
housing). The section repeals the authority of the three 
programs listed above. The authorization level is increased for 
this program to $108 million for each fiscal year from 1996 to 
2000.

           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

    Sections 301-304 retain authority for the Family Violence 
Prevention and Services Act and make technical corrections to 
reconcile differences between this act and the Violence Against 
Women Act.

                    TITLE IV--ADOPTION OPPORTUNITIES

    Sections 401-404 retain authority for the Adoption 
Opportunities Program, make amendments to the findings and 
purposes section, and strike references to projects that have 
been completed by the HHS. Additionally, the section requires 
the Secretary of HHS to report on the efficacy of requiring 
States to contract with public, private non-profit, and 
sectarian institutions for recruitment of foster and adoptive 
parents and for assistance with placing children with special 
needs. The authorization level is $20 million for fiscal year 
1996 and such sums as may be necessary through fiscal year 
2000.

                 TITLE V--ABANDONED INFANTS ASSISTANCE

    Section 501 extends the authorization of appropriations for 
the Abandoned Infants Assistance Act of 1986. The authorization 
level is $35 million for fiscal year 1996 and such sums as may 
be necessary for fiscal years 1997 through 2000.

             TITLE VI--REAUTHORIZATION OF VARIOUS PROGRAMS

    Section 601 extends the authorization of appropriations for 
the Missing Children's Assistance Act through fiscal year 1997 
and requires that the administrator use not more than 5 percent 
of the appropriated amounts to conduct an evaluation of 
programs under the act.
    Section 602 extends the authorization of appropriations for 
section 214B of the Victims of Child Abuse Act of 1990 for 2 
years.

                      IX. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (existing law proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

                Child Abuse Prevention and Treatment Act

          * * * * * * *

SEC. 2. FINDINGS.

    Congress finds that--
          [(1) each year, hundreds of thousands of American 
        children are victims of abuse and neglect with such 
        numbers having increased dramatically over the past 
        decade;]
          (1) each year, close to 1,000,000 American children 
        are victims of abuse and neglect;
          * * * * * * *
          (3) the problem of child abuse and neglect requires a 
        comprehensive approach that--
          * * * * * * *
                  (C) emphasizes the need for abuse and neglect 
                prevention, assessment, investigation, and 
                treatment at the neighborhood level;
          * * * * * * *
          (4) the failure to coordinate and comprehensively 
        prevent and treat child abuse and neglect threatens the 
        futures of [tens of] thousands of children and results 
        in a cost to the Nation of billions of dollars in 
        [direct expenditures for health, social, and special 
        educational services and ultimately in the loss of work 
        productivity;] tangible expenditures, as well as 
        significant intangible costs;
          * * * * * * *
          (7) national policy should strengthen families to 
        [remedy the causes of] prevent child abuse and neglect, 
        provide support for intensive services to prevent the 
        unnecessary removal of children from families, and 
        promote the reunification of families if removal has 
        taken place;
          (8) the child protection system should be 
        comprehensive, child-centered, family-focused, and 
        community-based, should incorporate all appropriate 
        measures to prevent the occurrence or recurrence of 
        child abuse and neglect, and should promote physical 
        and psychological recovery and social re-integration in 
        an environment that fosters the health, safety, self-
        respect, and dignity of the child;
          * * * * * * *
          (10) the Federal government should [ensure that every 
        community in the United States has] assist States and 
        communities with the fiscal, human, and technical 
        resources necessary to develop and implement a 
        successful and comprehensive child and family 
        protection strategy;
          (11) the Federal government should provide leadership 
        and assist communities in their [child protection] 
        child and family protection efforts by--
                  (A) promoting coordinated planning among all 
                levels of government;
                  (B) generating and sharing knowledge relevant 
                to [child protection] child and family 
                protection, including the development of models 
                for service delivery;
                  (C) strengthening the capacity of States to 
                assist communities;
                  (D) allocating [sufficient] financial 
                resources to assist States in implementing 
                community plans;
                  (E) helping communities to carry out their 
                [child protection] child and family protection 
                plans by promoting the competence of 
                professional, paraprofessional, and volunteer 
                resources; and
                  (F) providing leadership to end the abuse and 
                neglect of the nation's children and youth.

                        TITLE I--GENERAL PROGRAM

[SEC. 101. NATIONAL CENTER ON CHILD ABUSE AND NEGLECT.

    [(a) Establishment.--The Secretary of Health and Human 
Services shall establish an office to be known as the National 
Center on Child Abuse and Neglect.
    [(b) Appointment of Director.--
          [(1) Appointment.--The Secretary shall appoint a 
        Director of the Center. Except as otherwise provided in 
        this Act, the Director shall be responsible only for 
        administration and operation of the Center and for 
        carrying out the functions of the Center under this 
        Act. The Director shall have experience in the field of 
        child abuse and neglect.
          [(2) Compensation.--The Director shall be compensated 
        at the annual rate provided for a level GS-15 employee 
        under section 5332 of title 5, United States Code.
    [(c) Other Staff and Resources.--The Secretary shall make 
available to the Center such staff and resources as are 
necessary for the Center to carry out effectively its functions 
under this Act. The Secretary shall require that professional 
staff have experience relating to child abuse and neglect. The 
Secretary is required to justify, based on the priorities and 
needs of the Center, the hiring of any professional staff 
member who does not have experience relating to child abuse and 
neglect.]

SEC. 101. OFFICE OF CHILD ABUSE AND NEGLECT.

    (a) Establishment.--The Secretary of Health and Human 
Services may establish an office to be known as the Office on 
Child Abuse and Neglect.
    (b) Purpose.--The purpose of the Office established under 
subsection (a) shall be to execute and coordinate the functions 
and activities of this Act. In the event that such functions 
and activities are performed by another entity or entities 
within the Department of Health and Human Services, the 
Secretary shall ensure that such functions and activities are 
executed with the necessary expertise and in a fully 
coordinated manner involving regular intradepartmental and 
interdepartmental consultation with all agencies involved in 
child abuse and neglect activities.

[SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

  [(a) Appointment.--The Secretary shall appoint an advisory 
board to be known as the Advisory Board on Child Abuse and 
Neglect.
  [(b) Solicitation of Nominations.--The Secretary shall 
publish a notice in the Federal Register soliciting nominations 
for the appointments required by subsection (a).
  [(c) Composition of Board.--
          [(1) Number of members.--The board shall consist of 
        15 members, each of which shall be a person who is 
        recognized for expertise in an aspect of the area of 
        child abuse, of which--
                  [(A) 2 shall be members of the task force 
                established under section 103; and
                  [(B) 13 shall be members of the general 
                public and may not be Federal employees.
          [(2) Representation.--The Secretary shall appoint 
        members from the general public under paragraph (1)(B) 
        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--
                  [(A) law (including the judiciary);
                  [(B) psychology (including child 
                development);
                  [(C) social services (including child 
                protective services);
                  [(D) medicine (including pediatrics);
                  [(E) State and local government;
                  [(F) organizations providing services to 
                disabled persons;
                  [(G) organizations providing services to 
                adolescents;
                  [(H) teachers;
                  [(I) parent self-help organizations;
                  [(J) parents' groups; and
                  [(K) voluntary groups.
          [(3) Terms of office.--(A) Except as otherwise 
        provided in this subsection, members shall be appointed 
        for terms of office of 4 years.
          [(B) Of the members of the board from the general 
        public first appointed under subsection (a)--
                  [(i) 4 shall be appointed for terms of office 
                of 2 years;
                  [(ii) 4 shall be appointed for terms of 
                office of 3 years; and
                  [(iii) 5 shall be appointed for terms of 
                office of 4 years, as determined by the members 
                from the general public during the first 
                meeting of the board.
          [(C) No member of the board appointed under 
        subsection (a) shall be eligible to serve in excess of 
        two consecutive terms, but may continue to serve until 
        such member's successor is appointed.
          [(4) Vacancies.--Any member of the board appointed 
        under subsection (a) to fill a vacancy occurring before 
        the expiration of the term to which such member's 
        predecessor was appointed shall be appointed for the 
        remainder of such term. If the vacancy occurs prior to 
        the expiration of the term of a member of the board 
        appointed under subsection (a), a replacement shall be 
        appointed in the same manner in which the original 
        appointment was made.
          [(5) Removal.--No member of the board may be removed 
        during the term of office of such member except for 
        just and sufficient cause.
  [(d) Election of Officers.--The board shall elect a 
chairperson and vice-chairperson at its first meeting from 
among the members from the general public.
  [(e) Meetings.--The board shall meet not less than twice a 
year at the call of the chairperson. The chairperson, to the 
maximum extent practicable, shall coordinate meetings of the 
board with receipt of reports from the task force under section 
103(f).
  [(f) Duties.--The board shall--
          [(1) annually submit to the Secretary and the 
        appropriate committees of Congress a report 
        containing--
                  [(A) recommendations on coordinating Federal 
                child abuse and neglect activities to prevent 
                duplication and ensure efficient allocations of 
                resources and program effectiveness; and
                  [(B) recommendations as to carrying out the 
                purposes of this Act;
          [(2) annually submit to the Secretary and the 
        Director a report containing long-term and short-term 
        recommendations on--
                  [(A) programs;
                  [(B) research;
                  [(C) grant and contract needs;
                  [(D) areas of unmet needs; and
                  [(E) areas to which the Secretary should 
                provide grant and contract priorities under 
                sections 105 and 106;
          [(3) annually review the budget of the Center and 
        submit to the Director a report concerning such review; 
        and
          [(4) not later than 24 months after the date of the 
        enactment of the Child Abuse Programs, Adoption 
        Opportunities, and Family Violence Prevention 
        Amendments Act of 1992, submit to the Secretary and the 
        appropriate committees of the Congress a report 
        containing the recommendations of the Board with 
        respect to--
                  [(A) a national policy designed to reduce and 
                ultimately to prevent child and youth 
                maltreatment-related deaths, detailing 
                appropriate roles and responsibilities for 
                State and local governments and the private 
                sector;
                  [(B) specific changes needed in Federal laws 
                and programs to achieve an effective Federal 
                role in the implementation of the policy 
                specified in subparagraph (A); and
                  [(C) specific changes needed to improve 
                national data collection with respect to child 
                and youth maltreatment-related deaths.
    [(g) Compensation.--
          [(1) In general.--Except as provided in paragraph 
        (3), members of the board, other than those regularly 
        employed by the Federal Government, while serving on 
        business of the board, may receive compensation at a 
        rate not in excess of the daily equivalent payable to a 
        GS-18 employee under section 5332 of title 5, United 
        States Code, including traveltime.
          [(2) Travel.--Except as provided in paragraph (3), 
        members of the board, while serving on business of the 
        board away from their homes or regular places of 
        business, may be allowed travel expenses (including per 
        diem in lieu of subsistence) as authorized by section 
        5703 of title 5, United States Code, for persons in the 
        Government service employed intermittently.
          [(3) Restriction.--The Director may not compensate a 
        member of the board under this section if the member is 
        receiving compensation or travel expenses from another 
        source while serving on business of the board.
    [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section, $1,000,000 for 
fiscal year 1992, and such sums as may be necessary for each of 
the fiscal years 1993 through 1995.]

SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

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

[SEC. 103. INTER-AGENCY TASK FORCE ON CHILD ABUSE AND NEGLECT.

    [(a) Establishment.--The Secretary shall establish a task 
force to be known as the Inter-Agency Task Force on Child Abuse 
and Neglect.
    [(b) Composition.--The Secretary shall request 
representation for the task force from Federal agencies with 
responsibility for programs and activities related to child 
abuse and neglect.
    [(c) Chairperson.--The task force shall be chaired by the 
Director.
    [(d) Duties.--The task force shall--
          [(1) coordinate Federal efforts with respect to child 
        abuse prevention and treatment programs;
          [(2) encourage the development by other Federal 
        agencies of activities relating to child abuse 
        prevention and treatment;
          [(3) coordinate the use of grants received under this 
        Act with the use of grants received under other 
        programs;
          [(4) prepare a comprehensive plan for coordinating 
        the goals, objectives, and activities of all Federal 
        agencies and organizations which have responsibilities 
        for programs and activities related to child abuse and 
        neglect, and submit such plan to such Advisory Board 
        not later than 12 months after the date of enactment of 
        the Child Abuse Prevention, Adoption, and Family 
        Services Act of 1988; and
          [(5) coordinate adoption related activities, develop 
        Federal standards with respect to adoption activities 
        under this Act, and prevent duplication with respect to 
        the allocation of resources to adoption activities.
    [(e) Meetings.--The task force shall meet not less than 
three times annually at the call of the chairperson.
    [(f) Reports.--The task force shall report not less than 
twice annually to the Center and the Board.]

SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD 
                    ABUSE.

    [(a) Establishment.--Before the end of the 2-year period 
beginning on the date of the enactment of the Child Abuse 
Prevention, Adoption, and Family Services Act of 1988, the 
Secretary shall through the Center, or by contract of no less 
than 3 years duration let through a competition, establish a 
national clearinghouse for information relating to child 
abuse.]
    (a) Establishment.--The Secretary shall through the 
Department, or by one or more contracts of not less than 3 
years duration let through a competition, establish a national 
clearinghouse for information relating to child abuse.
    (b) Functions.--The [Director] Secretary shall, through the 
clearinghouse established by subsection (a)--
          (1) maintain, coordinate, and disseminate information 
        on all programs, including private programs, that show 
        promise of success with respect to the prevention, 
        assessment, identification, and treatment of child 
        abuse and neglect[, including the information provided 
        by the National Center for Child Abuse and Neglect 
        under section 105(b)]; and
          (2) maintain and disseminate information relating 
        to--
                  (A) the incidence of cases of child abuse and 
                neglect in the [general population] United 
                States;
                  (B) the incidence of such cases in 
                populations determined by the Secretary under 
                section 105(a)(1) of the Child Abuse 
                Prevention, Adoption, and Family Services Act 
                of 1988; and
                  (C) the incidence of any such cases related 
                to alcohol or drug abuse[; and].
                  [(D) State and local recordkeeping with 
                respect to such cases; and
          [(3) directly or through contract, identify effective 
        programs carried out by the States pursuant to title II 
        and provide technical assistance to the States in the 
        implementation of such programs.]
    (c) Coordination With Available Resources.--In establishing 
a national clearinghouse as required by subsection (a), the 
[Director] Secretary shall--
          * * * * * * *
          (2) consult with the head of each agency [that is 
        represented on the task force] involved with child 
        abuse and neglect and mechanisms for the sharing of 
        such information among other Federal agencies and 
        clearinghouses on the development of the components for 
        information collection and management of such 
        clearinghouse;
          (3) develop a Federal data system involving the 
        elements under subsection (b) which, to the extent 
        practicable, coordinates existing [State, regional, and 
        local data systems; and] Federal, State, regional, and 
        local child welfare data systems which shall include:
                  (A) standardized data on false, unfounded, 
                unsubstantiated, and substantiated reports; and
                  (B) information on the number of deaths due 
                to child abuse and neglect;
          (4) 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;
          (5) compile, analyze, and publish a summary of the 
        research conducted under section 105(a); and
          [(4)] (6) solicit public comment on the components of 
        such clearinghouse.

SEC. 105. RESEARCH AND ASSISTANCE ACTIVITIES [OF THE NATIONAL CENTER ON 
                    CHILD ABUSE AND NEGLECT].

    (a) Research.--
          (1) Topics.--The Secretary shall[, through the 
        Center, conduct research on], 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--
                  (A) the nature and scope of child abuse and 
                neglect;
                  [(A)] (B) [the causes, prevention, 
                identification,, treatment and cultural 
                distinctions of child abuse and neglect] 
                causes, prevention, assessment, identification, 
                treatment, cultural and socio-economic 
                distinctions, and the consequences of child 
                abuse and neglect;
                  [(B)] (C) appropriate, effective and 
                culturally sensitive investigative, 
                administrative, and judicial procedures with 
                respect to cases of child abuse; and
                  [(C)] (D) the national incidence of child 
                abuse and neglect, including--
                          (i) the extent to which incidents of 
                        child abuse are increasing or 
                        decreasing in number and severity;
                          [(ii) the relationship of child abuse 
                        and neglect to nonpayment of child 
                        support, cultural diversity, 
                        disabilities, and various other 
                        factors; and
                          [(iii) the incidence of substantiated 
                        reported child abuse cases that result 
                        in civil child protection proceedings 
                        or criminal proceedings, including the 
                        number of such cases with respect to 
                        which the court makes a finding that 
                        abuse or neglect exists and the 
                        disposition of such cases.]
                          (ii) the incidence of substantiated 
                        and unsubstantiated reported child 
                        abuse cases;
                          (iii) the number of substantiated 
                        cases that result in a judicial finding 
                        of child abuse or neglect or related 
                        criminal court convictions;
                          (iv) the extent to which the number 
                        of unsubstantiated, unfounded and false 
                        reported cases of child abuse or 
                        neglect have contributed to the 
                        inability of a State to respond 
                        effectively to serious cases of child 
                        abuse or neglect;
                          (v) the extent to which the lack of 
                        adequate resources and the lack of 
                        adequate training of reporters 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.
          (2) Priorities.--(A) The Secretary shall establish 
        research [and demonstration] priorities for making 
        grants or contracts for purposes of carrying out 
        [paragraph (1)(A) and activities under section 106] 
        paragraph (1).
          (B) In establishing research [and demonstration] 
        priorities as required by subparagraph (A), the 
        Secretary shall--
          * * * * * * *
    [(b) Publication and Dissemination of Information.--The 
Secretary shall, through the Center--
          [(1) as a part of research activities, establish a 
        national data collection and analysis program--
                  [(A) which, to the extent practicable, 
                coordinates existing State child abuse and 
                neglect reports and which shall include--
                          [(i) standardized data on false, 
                        unfounded, or unsubstantiated reports; 
                        and
                          [(ii) information on the number of 
                        deaths due to child abuse and neglect; 
                        and
                  [(B) which shall collect, compile, analyze, 
                and make available State child abuse and 
                neglect reporting information which, to the 
                extent practical, is universal and case 
                specific, and integrated with other case-based 
                foster care and adoption data collected by the 
                Secretary;
          [(2) annually compile and analyze research on child 
        abuse and neglect and publish a summary of such 
        research;
          [(3) compile, evaluate, publish, and disseminate to 
        the States and to the clearinghouse, established under 
        section 104, materials and information designed to 
        assist the States in developing, establishing, and 
        operating the programs described in section 109, 
        including an evaluation of--
                  [(A) various methods and procedures for the 
                investigation and prosecution of child physical 
                and sexual abuse cases; and
                  [(B) resultant psychological trauma to the 
                child victim;
          [(4) compile, publish, and disseminate training 
        materials--
                  [(A) for persons who are engaged in or intend 
                to engage in the prevention, identification, 
                and treatment of child abuse and neglect; and
                  [(B) to appropriate State and local officials 
                to assist in training law enforcement, legal, 
                judicial, medical, mental health, and child 
                welfare personnel in appropriate methods of 
                interacting during investigative, 
                administrative, and judicial proceedings with 
                children who have been subjected to abuse; and
          [(5) establish model information collection systems, 
        in consultation with appropriate State and local 
        agencies and professionals.]
  (c) Provision of Technical Assistance.--[The Secretary]
          (1) In general._The Secretary shall[, through the 
        Center,] provide technical assistance to State and 
        local public and nonprofit private agencies and 
        organizations, including disability organizations and 
        persons who work with children with disabilities, to 
        assist such agencies and organizations in planning, 
        improving, developing, and carrying out programs and 
        activities relating to the prevention, assessment 
        identification, and treatment of child abuse and 
        neglect.
          (2) Evaluation.--Such technical assistance may 
        include an evaluation or identification of--
                  (A) various methods and procedures for the 
                investigation, assessment, and prosecution of 
                child physical and sexual abuse cases;
                  (B) ways to mitigate psychological trauma to 
                the child victim; and
                  (C) effective programs carried out by the 
                States under titles I and II.
          (3) Dissemination.--The Secretary may provide for and 
        disseminate information relating to various training 
        resources available at the State and local level to--
                  (A) individuals who are engaged, or who 
                intend to engage, in the prevention, 
                identification, and treatment of child abuse 
                and neglect; and
                  (B) appropriate State and local officials to 
                assist in training law enforcement, legal, 
                judicial, medical, mental health, education, 
                and child welfare personnel in appropriate 
                methods of interacting during investigative, 
                administrative, and judicial proceedings with 
                children who have been subjected to abuse.
  (d) Authority to Make Grants or Enter Into Contracts.--
          (1) In general.--The functions of the Secretary under 
        this section may be carried out either directly or 
        through grant or contract.
          (2) Duration.--Grants under this section shall be 
        made for periods of not more than 5 years. [The 
        Secretary shall review each such grant at least 
        annually, utilizing peer review mechanisms to assure 
        the quality and progress of research conducted under 
        such grant.]
          * * * * * * *
  (e) Peer Review for Grants.--
          (1) Establishment of peer review process.--(A) The 
        Secretary shall [establish a formal], in consultation 
        with experts in the field and other federal agencies, 
        establish a formal, rigorous, and meritorious peer 
        review process for purposes of evaluating and reviewing 
        applications for grants [and contracts] under this 
        section and determining the relative merits of the 
        projects for which such assistance is requested. The 
        purpose of this process is to enhance the quality and 
        usefulness of research in the field of child abuse and 
        neglect.
          (B) In establishing the process required by 
        subparagraph (A), the Secretary shall appoint to the 
        peer review panels only members who are experts in the 
        field of child abuse and neglect or related 
        disciplines, with appropriate expertise in the 
        application to be reviewed, and who are not individuals 
        who are officers or employees of the [Office of Human 
        Development] Administration on Children and Families. 
        The panels shall meet as often as is necessary to 
        facilitate the expeditious review of applications for 
        grants and contracts under this section, but may not 
        meet less than once a year. The Secretary shall ensure 
        that the peer review panel utilizes scientifically 
        valid review criteria and scoring guidelines for review 
        committees.
          (2) Review of applications for assistance.--Each peer 
        review panel established under paragraph (1)(A) that 
        reviews any application for a grant[, contract, or 
        other financial assistance] shall--
                  (A) determine and evaluate the merit of each 
                project described in such application;
                  (B) rank such application with respect to all 
                other applications it reviews in the same 
                priority area for the fiscal year involved, 
                according to the relative merit of all of the 
                projects that are described in such application 
                and for which financial assistance is 
                requested; and
                  (C) make recommendations to the Secretary 
                concerning whether the application for the 
                project shall be approved.
        The Secretary shall award grants under this section on 
        the basis of competitive review.
          * * * * * * *

SEC. 106. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE ORGANIZATIONS 
                    FOR DEMONSTRATION [OR SERVICE] PROGRAMS AND 
                    PROJECTS.

  (a) General Authority.--
          [(1) Demonstration or service programs and 
        projects.--The Secretary, through the Center, shall, in 
        accordance with subsections (b) and (c), make grants 
        to, and enter into contracts with, public agencies or 
        nonprofit private organizations (or combinations of 
        such agencies or organizations) for demonstration or 
        service programs and projects designed to prevent, 
        identify, and treat child abuse and neglect.
          (1) Demonstration programs and projects.--The 
        Secretary may make grants to, and enter into contracts 
        with, public agencies or nonprofit private agencies or 
        organizations (or combinations of such agencies or 
        organizations) for time limited, demonstration programs 
        and projects for the following purposes:
                  (A) Training programs.--The Secretary may 
                award grants to public or private non-profit 
                organizations under this section--
                          (i) 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;
                          (ii) to provide culturally specific 
                        instruction in methods of protecting 
                        children from child abuse and neglect 
                        to children and to persons responsible 
                        for the welfare of children, including 
                        parents of and persons who work with 
                        children with disabilities;
                          (iii) to improve the recruitment, 
                        selection, and training of volunteers 
                        serving in private and public 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
                          (iv) 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.
                  (B) Mutual support programs.--The Secretary 
                may award grants to private non-profit 
                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.
                  (C) Other innovative programs and projects.--
                          (i) In general.--The Secretary may 
                        award grants to public agencies that 
                        demonstrate innovation in responding to 
                        reports of child abuse and neglect 
                        including programs of collaborative 
                        partnerships between the State child 
                        protective service 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.
                          (ii) Kinship care.--The Secretary may 
                        award grants to public entities to 
                        assist such entities in developing or 
                        implementing procedures using adult 
                        relatives as the preferred placement 
                        for children removed from their home, 
                        where such relatives are determined to 
                        be capable of providing a safe 
                        nurturing environment for the child or 
                        where such relatives comply with the 
                        State child protection standards.
                          (iii) Visitation centers.--The 
                        Secretary may award grants to public or 
                        private nonprofit entities to assist 
                        such entities in the establishment or 
                        operation of supervised visitation 
                        centers where there is documented, 
                        highly suspected, or elevated risk of 
                        child sexual, physical, or emotional 
                        abuse where, due to domestic violence, 
                        there is an ongoing risk of harm to a 
                        parent or child.
          * * * * * * *
  (d) 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. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND 
                    TREATMENT PROGRAMS.

  [(a) Development and Operation Grants.--The Secretary, acting 
through the Center, 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 service 
system of each such State in--
          [(1) the intake and screening of reports of abuse and 
        neglect through the improvement of the receipt of 
        information, decisionmaking, public awareness, and 
        training of staff;
          [(2)(A) investigating such reports through improving 
        response time, decisionmaking, referral to services, 
        and training of staff;
          [(B) creating and improving the use of 
        multidisciplinary teams and interagency protocols to 
        enhance investigations; and
          [(C) improving legal preparation and representation;
          [(3) case management and delivery services provided 
        to families through the improvement of response time in 
        service provision, improving the training of staff, and 
        increasing the numbers of families to be served;
          [(4) enhancing the general child protective system by 
        improving assessment tools, automation systems that 
        support the program, information referral systems, and 
        the overall training of staff to meet minimum 
        competencies; or
          [(5) developing, strengthening, and carrying out 
        child abuse and neglect prevention, treatment, and 
        research programs.
Not more than 15 percent of a grant under this subsection may 
be expended for carrying out paragraph (5). The preceding 
sentence does not apply to any program or activity authorized 
in any of paragraphs (1) through (4).
  [(b) Eligibility Requirements.--In order for a State to 
qualify for a grant under subsection (a), such State shall--
          [(1) have in effect a State law relating to child 
        abuse and neglect, including--
                  [(A) provisions for the reporting of known 
                and suspected instances of child abuse and 
                neglect; and
                  [(B) provisions for immunity from prosecution 
                under State and local laws for persons who 
                report instances of child abuse or neglect for 
                circumstances arising from such reporting;
          [(2) provide that upon receipt of a report of known 
        or suspected instances of child abuse or neglect an 
        investigation shall be initiated promptly to 
        substantiate the accuracy of the report, and, upon a 
        finding of abuse or neglect, immediate steps shall be 
        taken to protect the health and welfare of the abused 
        or neglected child and of any other child under the 
        same care who may be in danger of abuse or neglect;
          [(3) demonstrate that there are in effect throughout 
        the State, in connection with the enforcement of child 
        abuse and neglect laws and with the reporting of 
        suspected instances of child abuse and neglect, such--
                  [(A) administrative procedures;
                  [(B) personnel trained in child abuse and 
                neglect prevention and treatment;
                  [(C) training procedures;
                  [(D) institutional and other facilities 
                (public and private); and
                  [(E) such related multidisciplinary programs 
                and services,
        as may be necessary or appropriate to ensure that the 
        State will deal effectively with child abuse and 
        neglect cases in the State;
          [(4) provide for--
                  [(A) 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 methods to ensure that 
                disclosure (and redisclosure) of information 
                concerning child abuse or neglect involving 
                specific individuals is made only to persons or 
                entities that the State determines have a need 
                for such information directly related to 
                purposes of this Act; and
                  [(B) requirements for the prompt disclosure 
                of all relevant information to any Federal, 
                State, or local governmental entity, or any 
                agent of such entity, with a need for such 
                information in order to carry out its 
                responsibilities under law to protect children 
                from abuse and neglect;
          [(5) provide for the cooperation of law enforcement 
        officials, courts of competent jurisdiction, and 
        appropriate State agencies providing human services;
          [(6) provide that in every case involving an abused 
        or neglected child which results in a judicial 
        proceeding a guardian ad litem shall be appointed to 
        represent the child in such proceedings;
          [(7) provide that the aggregate of support for 
        programs or projects related to child abuse and neglect 
        assisted by State funds shall not be reduced below the 
        level provided during fiscal year 1973, and set forth 
        policies and procedures designed to ensure that Federal 
        funds made available under this Act for any fiscal year 
        shall be so used as to supplement and, to the extent 
        practicable, increase the level of State funds which 
        would, in the absence of Federal funds, be available 
        for such programs and projects;
          [(8) provide for dissemination of information, 
        including efforts to encourage more accurate reporting, 
        to the general public with respect to the problem of 
        child abuse and neglect and the facilities and 
        prevention and treatment methods available to combat 
        instances of child abuse and neglect;
          [(9) to the extent feasible, ensure that parental 
        organizations combating child abuse and neglect receive 
        preferential treatment; and
          [(10) have in place for the purpose of 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--
                  [(A) coordination and consultation with 
                individuals designated by and within 
                appropriate health-care facilities;
                  [(B) prompt notification by individuals 
                designated by and within appropriate health-
                care facilities of cases of suspected medical 
                neglect (including instances of withholding of 
                medically indicated treatment from disabled 
                infants with life-threatening conditions); and
                  [(C) authority, under State law, for the 
                State child protective service 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) State Program Plan.--To be eligible to receive a grant 
under this section, a State shall submit every four years a 
plan to the Secretary that specifies the child protective 
service system area or areas described in subsection (a) that 
the State intends to address with funds received under the 
grant. The plan shall describe the current system capacity of 
the State in the relevant area or areas from which to assess 
programs with grant funds and specify the manner in which funds 
from the State's programs will be used to make improvements. 
The plan required under this subsection shall contain, with 
respect to each area in which the State intends to use funds 
from the grant, the following information with respect to the 
State:
          [(1) Intake and screening.--
                  [(A) Staffing.--The number of child 
                protective service workers responsible for the 
                intake and screening of reports of abuse and 
                neglect relative to the number of reports filed 
                in the previous year.
                  [(B) Training.--The types and frequency of 
                pre-service and in-service training programs 
                available to support direct line and 
                supervisory personnel in report-taking, 
                screening, decision-making, and referral for 
                investigation.
                  [(C) Public education.--An assessment of the 
                State or local agency's public education 
                program with respect to--
                          [(i) what is child abuse and neglect;
                          [(ii) who is obligated to report and 
                        who may choose to report; and
                          [(iii) how to report.
          [(2) Investigation of reports.--
                  [(A) Response time.--The number of reports of 
                child abuse and neglect filed in the State in 
                the previous year where appropriate, the agency 
                response time to each with respect to initial 
                investigation, the number of substantiated and 
                unsubstantiated reports, and where appropriate, 
                the response time with respect to the provision 
                of services.
                  [(B) Staffing.--The number of child 
                protective service workers responsible for the 
                investigation of child abuse and neglect 
                reports relative to the number of reports 
                investigated in the previous year.
                  [(C) Interagency coordination.--A description 
                of the extent to which interagency coordination 
                processes exist and are available Statewide, 
                and whether protocols or formal policies 
                governing interagency relationships exist in 
                the following areas--
                          [(i) multidisciplinary investigation 
                        teams among child welfare and law 
                        enforcement agencies;
                          [(ii) interagency coordination for 
                        the prevention, intervention and 
                        treatment of child abuse and neglect 
                        among agencies responsible for child 
                        protective services, criminal justice, 
                        schools, health, mental health, and 
                        substance abuse; and
                          [(iii) special interagency child 
                        fatality review panels, including a 
                        listing of those agencies that are 
                        involved.
                  [(D) Training.--The types and frequency of 
                pre-service and in-service training programs 
                available to support direct line and 
                supervisory personnel in such areas as 
                investigation, risk assessment, court 
                preparation, and referral to and provision of 
                services.
                  [(E) Legal representation.--A description of 
                the State agency's current capacity for legal 
                representation, including the manner in which 
                workers are prepared and trained for court 
                preparation and attendance, including 
                procedures for appealing substantiated reports 
                of abuse and neglect.
          [(3) Case management and delivery of ongoing family 
        services.--For children for whom a report of abuse and 
        neglect has been substantiated and the children remain 
        in their own homes and are not currently at risk of 
        removal, the State shall assess the activities and the 
        outcomes of the following services:
                  [(A) Response time.--The number of cases 
                opened for services as a result of 
                investigation of child abuse and neglect 
                reports filed in the previous year, including 
                the response time with respect to the provision 
                of services from the time of initial report and 
                initial investigation.
                  [(B) Staffing.--The number of child 
                protective service workers responsible for 
                providing services to children and their 
                families in their own homes as a result of 
                investigation of reports of child abuse and 
                neglect.
                  [(C) Training.--The types and frequency of 
                pre-service and in-service training programs 
                available to support direct line and 
                supervisory personnel in such areas as risk 
                assessment, court preparation, provision of 
                services and determination of case disposition, 
                including how such training is evaluated for 
                effectiveness.
                  [(D) Interagency coordination.--The extent to 
                which treatment services for the child and 
                other family members are coordinated with child 
                welfare, social service, mental health, 
                education, and other agencies.
          [(4) General system enhancement.--
                  [(A) Automation.--A description of the 
                capacity of current automated systems for 
                tracking reports of child abuse and neglect 
                from intake through final disposition and how 
                personnel are trained in the use of such 
                system.
                  [(B) Assessment tools.--A description of 
                whether, how, and what risk assessment tools 
                are used for screening reports of abuse and 
                neglect, determining whether child abuse and 
                neglect has occurred, and assessing the 
                appropriate level of State agency protection 
                and intervention, including the extent to which 
                such tool is used statewide and how workers are 
                trained in its use.
                  [(C) Information and referral.--A description 
                and assessment of the extent to which a State 
                has in place--
                          [(i) information and referral 
                        systems, including their availability 
                        and ability to link families to various 
                        child welfare services such as 
                        homemakers, intensive family-based 
                        services, emergency caretakers, home 
                        health visitors, daycare and services 
                        outside the child welfare system such 
                        as housing, nutrition, health care, 
                        special education, income support, and 
                        emergency resource assistance; and
                          [(ii) efforts undertaken to 
                        disseminate to the public information 
                        concerning the problem of child abuse 
                        and neglect and the prevention and 
                        treatment programs and services 
                        available to combat instances of such 
                        abuse and neglect.
                  [(D) Staff capacity and competence.--An 
                assessment of basic and specialized training 
                needs of all staff and current training 
                provided staff. Assessment of the competencies 
                of staff with respect to minimum knowledge in 
                areas such as child development, cultural and 
                ethnic diversity, functions and relationship of 
                other systems to child protective services and 
                in specific skills such as interviewing, 
                assessment, and decisionmaking relative to the 
                child and family, and the need for training 
                consistent with such minimum competencies.
          [(5) Innovative approaches.--A description of--
                  [(A) research and demonstration efforts for 
                developing, strengthening, and carrying out 
                child abuse and neglect prevention, treatment, 
                and research programs, including the 
                interagency efforts at the State level; and
                  [(B) the manner in which proposed research 
                and development activities build on existing 
                capacity in the programs being addressed.
  [(d) Waivers.--
          [(1) General rule.--Subject to paragraph (3) of this 
        subsection, any State which does not qualify for 
        assistance under this subsection may be granted a 
        waiver of any requirement under paragraph (2) of this 
        subsection--
                  [(A) for a period of not more than one year, 
                if the Secretary makes a finding that such 
                State is making a good faith effort to comply 
                with any such requirement, and for a second 
                one-year period if the Secretary makes a 
                finding that such State is making substantial 
                progress to achieve such compliance; or
                  [(B) for a nonrenewable period of not more 
                than two years in the case of a State the 
                legislature of which meets only biennially, if 
                the Secretary makes a finding that such State 
                is making a good faith effort to comply with 
                such requirement.
          [(2) Extension.--(A) Subject to paragraph (3) of this 
        subsection, any State whose waiver under paragraph (1) 
        expired as of the end of fiscal year 1986 may be 
        granted an extension of such waiver, if the Secretary 
        makes a finding that such State is making a good faith 
        effort to comply with the requirements under subsection 
        (b) of this section--
                  [(i) through the end of fiscal year 1988; or
                  [(ii) in the case of a State the legislature 
                of which meets biennially, through the end of 
                the fiscal year 1989 or the end of the next 
                regularly scheduled session of such 
                legislature, whichever is earlier.
          [(B) This provision shall be effective retroactively 
        to October 1, 1986.
          [(3) Requirements under subsection (b)(10).--No 
        waiver under paragraph (1) or (2) may apply to any 
        requirement under subsection (b)(10) of this section.
  [(e) Reduction of Funds in Case of Failure To Obligate.--If a 
State fails to obligate funds awarded under subsection (a) 
before the expiration of the 18-month period beginning on the 
date of such award, the next award made to such State under 
this section after the expiration of such period shall be 
reduced by an amount equal of the amount of such unobligated 
funds unless the Secretary determines that extraordinary 
reasons justify the failure to so obligate.
  [(f) Restrictions Relating to Child Welfare Services.--
Programs or projects relating to child abuse and neglect 
assisted under part B of title IV of the Social Security Act 
shall comply with the requirements set forth in paragraphs 
(1)(A), (2), (4), (5), and (10) of subsection (b).
  [(g) Compliance and Education Grants.--The Secretary is 
authorized to make grants to the States for purposes of 
developing, implementing, or operating--
          [(1) the procedures or programs required under 
        subsection (b)(10);
          [(2) information and education programs or training 
        programs designed to improve the provision of services 
        to disabled infants with life-threatening conditions 
        for--
                  [(A) 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
                  [(B) the parents of such infants; and
          [(3) programs to assist in obtaining or coordinating 
        necessary services for families of disabled infants 
        with life-threatening conditions, including--
                  [(A) existing social and health services;
                  [(B) financial assistance; and
                  [(C) services necessary to facilitate 
                adoptive placement of any such infants who have 
                been relinquished for adoption.]

SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND 
                    TREATMENT PROGRAMS.

    (a) Development and Operation Grants.--The Secretary shall 
make grants to the States, based on the population of children 
under the age of 18 in each State that applies for a grant 
under this section, for purposes of assisting the States in 
improving the child protective service 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 a 
                guardian ad litem.
          (3) case management and delivery of services provided 
        to children and their families;
          (4) enhancing the general child protective system by 
        improving risk and safety assessment tools and 
        protocols, automation systems that support the program 
        and track reports of child abuse and neglect from 
        intake through final disposition and information 
        referral systems;
          (5) developing, strengthening, and facilitating 
        training opportunities and requirements for individuals 
        overseeing and providing services to children and their 
        families through the child protection system;
          (6) developing and facilitating training protocols 
        for individuals mandated to report child abuse or 
        neglect;
          (7) developing, strengthening, and supporting child 
        abuse and neglect prevention, treatment, and research 
        programs in the public and private sectors;
          (8) developing, implementing, or operating--
                  (A) information and education programs or 
                training programs designed to improve the 
                provision of services to disabled infants with 
                life-threatening conditions for--
                          (i) professional and paraprofessional 
                        personnel concerned with the welfare of 
                        disabled infants with life-threatening 
                        conditions, including personnel 
                        employed in child protective services 
                        programs and health-care facilities; 
                        and
                          (ii) the parents of such infants; and
                  (B) programs to assist in obtaining or 
                coordinating necessary services for families of 
                disabled infants with life-threatening 
                conditions, including--
                          (i) existing social and health 
                        services;
                          (ii) financial assistance; and
                          (iii) services necessary to 
                        facilitate adoptive placement of any 
                        such infants who have been relinquished 
                        for adoption; or
          (9) programs to develop and enhance 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.--In order for a State to 
qualify for a grant under subsection (a), such State shall 
provide an assurance or certification, signed by the chief 
executive officer of the State, that the State--
          (1) has in effect and operation a State law or 
        Statewide program relating to child abuse and neglect 
        which ensures--
                  (A) provisions or procedures for the 
                reporting of known and suspected instances of 
                child abuse and neglect;
                  (B) procedures for the immediate screening, 
                safety assessment, and prompt investigation of 
                such reports;
                  (C) procedures for immediate steps to be 
                taken to ensure and protect the safety of the 
                abused or neglected child and of any other 
                child under the same care who may also be in 
                danger of abuse or neglect;
                  (D) 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;
                  (E) 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 methods to ensure that 
                disclosure (and redisclosure) of information 
                concerning child abuse or neglect involving 
                specific individuals is made only to persons or 
                entities that the State determines have a need 
                for such information directly related to the 
                purposes of this Act;
                  (F) requirements for the prompt disclosure of 
                all relevant information to any Federal, State, 
                or local governmental entity, or any agent of 
                such entity, with a need for such information 
                in order to carry out its responsibilities 
                under law to protect children from abuse and 
                neglect;
                  (G) the cooperation of State law enforcement 
                officials, court of competent jurisdiction, and 
                appropriate State agencies providing human 
                services;
                  (H) 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 service agencies from keeping 
                information on unsubstantiated reports in their 
                casework files to assist in future risk and 
                safety assessment; and
                  (I) provisions and procedures requiring that 
                in every case involving an abused or neglected 
                child which results in a judicial proceeding, a 
                guardian ad litem shall be appointed to 
                represent the child in such proceedings; and
          (2) 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--
                  (A) coordination and consultation with 
                individuals designated by and within 
                appropriate health-care facilities;
                  (B) prompt notification by individuals 
                designated by and within appropriate health-
                care facilities of cases of suspected medical 
                neglect (including instances of withholding of 
                medically indicated treatment from disabled 
                infants with life-threatening conditions); and
                  (C) authority, under State law, for the State 
                child protective service 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) Additional Requirement.--Not later than 2 years after the 
date of enactment of this section, the State shall provide an 
assurance or certification that the State has in place 
provisions, procedures, and mechanisms by which individuals who 
disagree with an official finding of abuse or neglect can 
appeal such finding.
  (d) State Program Plan.--To be eligible to receive a grant 
under this section, a State shall submit every 5 years a plan 
to the Secretary that specifies the child protective service 
system area or areas described in subsection (a) that the State 
intends to address with funds received under the grant. Such 
plan shall, to the maximum extent practicable, be coordinated 
with the plan of the State for child welfare services and 
family preservation and family support services under part B of 
title IV of the Social Security Act and shall contain an 
outline of the activities that the State intends to carry out 
using amounts provided under the grant to achieve the purposes 
of this Act, including the procedures to be used for--
          (1) receiving and assessing reports of child abuse or 
        neglect;
          (2) investigating such reports;
          (3) protecting children by removing them from 
        dangerous settings and ensuring their placement in a 
        safe environment;
          (4) providing services or referral for services for 
        families and children where the child is not in danger 
        of harm;
          (5) providing services to individuals, families, or 
        communities, either directly or through referral, aimed 
        at preventing the occurrence of child abuse and 
        neglect;
          (6) providing training to support direct line and 
        supervisory personnel in report-taking, screening, 
        assessment, decision-making, and referral for 
        investigation; and
          (7) providing training for individuals mandated to 
        report suspected cases of child abuse or neglect.
    (e) Restrictions Relating to Child Welfare Services.--
Programs or projects relating to child abuse and neglect 
assisted under part B of title IV of the Social Security Act 
shall comply with the requirements set forth in paragraphs 
(1)(A) and (B), and (2) of subsection (b).
  (f) Annual State Data Reports.--Each State to which a grant 
is made under this part 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; and
                  (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 part or an equivalent State program;
                  (B) the number that received services during 
                the year under the State program funded under 
                this part 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 service 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 service workers 
        responsible for intake, assessment, and investigation 
        of child abuse and neglect reports relative to the 
        number of reports investigated in the previous year.
  (g) Annual Report by the Secretary.--Within 6 months after 
receiving the State reports under subsection (f), the Secretary 
shall prepare a report based on information provided by the 
States for the fiscal year under such subsection and shall make 
the report and such information available to the Congress and 
the national clearinghouse for information relating to child 
abuse.

[SEC. 108. TECHNICAL ASSISTANCE TO STATES FOR CHILD ABUSE PREVENTION 
                    AND TREATMENT PROGRAMS.

  [(a) Training and Technical Assistance.--The Secretary shall 
provide, directly or through grants or contracts with public or 
private nonprofit organizations, for--
          [(1) training and technical assistance programs to 
        assist States in developing, implementing, or operating 
        programs and procedures meeting the requirements of 
        section 107(b)(10); and
          [(2) the establishment and operation of national and 
        regional information and resource clearinghouses for 
        the purpose of providing the most current and complete 
        information regarding medical treatment procedures and 
        resources and community resources for the provision of 
        services and treatment to disabled infants with life-
        threatening conditions, including--
                  [(A) compiling, maintaining, updating, and 
                disseminating regional directories of community 
                services and resources (including the names and 
                phone numbers of State and local medical 
                organizations) to assist parents, families, and 
                physicians; and
                  [(B) attempting to coordinate the 
                availability of appropriate regional education 
                resources for health-care personnel.
  [(b) Limitation on Funding.--Not more than $1,000,000 of the 
funds appropriated for any fiscal year for purposes of carrying 
out this title may be used to carry out this section.
          * * * * * * *

SEC. 113. DEFINITIONS.

  For purposes of this title--
          [(1) the term ``board'' means the Advisory Board on 
        Child Abuse and Neglect established under section 102;
          [(2) the term ``Center'' means the National Center on 
        Child Abuse and Neglect established under section 101;]
          [(3)] (1) the term ``child'' means a person who has 
        not attained the lesser of--
                  (A) the age of 18; or
                  (B) except in the case of sexual abuse, the 
                age specified by the child protection law of 
                the State in which the child resides;
          [(4) the term ``child abuse and neglect'' means the 
        physical or mental injury, sexual abuse or 
        exploitation, negligent treatment, or maltreatment of a 
        child by a person who is responsible for the child's 
        welfare, under circumstances which indicate that the 
        child's health or welfare is harmed or threatened 
        thereby, as determined in accordance with regulations 
        prescribed by the Secretary;]
          (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;
          [(5)] (3) the term ``person who is responsible for 
        the child's welfare'' includes--
                  (A) any employee of a residential facility; 
                and
                  (B) any staff person providing out-of-home 
                care;
          [(6)] (4) the term ``Secretary'' means the Secretary 
        of Health and Human Services;
          [(7)] (5) the term ``sexual abuse'' includes--
                  (A) the employment, use, persuasion, 
                inducement, enticement, or coercion of any 
                child to engage in, or assist any other person 
                to engage in, any sexually explicit conduct or 
                simulation of such conduct for the purpose of 
                producing a visual depiction of such conduct; 
                or
                  (B) the rape, molestation, prostitution, or 
                other form of sexual exploitation of children, 
                or incest with children;
          [(8)] (6) the term ``State'' means each of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands;
          [(9)] (7) the term ``task force'' means the Inter-
        Agency Task Force on Child Abuse and Neglect 
        established under section 103; and
          [(10)] (8) the term ``withholding of medically 
        indicated treatment'' means the failure to respond to 
        the infant's life-threatening conditions by providing 
        treatment (including appropriate nutrition, hydration, 
        and medication) which, in the treating physician's or 
        physicians' reasonable medical judgment, will be most 
        likely to be effective in ameliorating or correcting 
        all such conditions, except that the term does not 
        include the failure to provide treatment (other than 
        appropriate nutrition, hydration, or medication) to an 
        infant when, in the treating physician's or physicians' 
        reasonable medical judgment--

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

    [(a) In General.--
          [(1) Authorization.--There are authorized to be 
        appropriated to carry out this title, except for 
        section 107A, $100,000,000 for fiscal year 1992, and 
        such sums as may be necessary for each of the fiscal 
        years 1993 through 1995.
          [(2) Allocations.--
                  [(A) Of the amounts appropriated under 
                paragraph (1) for a fiscal year, $5,000,000 
                shall be available for the purpose of making 
                additional grants to the States to carry out 
                the provisions of section 107(g).
                  [(B) Of the amounts appropriated under 
                paragraph (1) for a fiscal year and available 
                after compliance with subparagraph (A)--
                          [(i) 33\1/3\ percent shall be 
                        available for activities under sections 
                        104, 105 and 106; and
                          [(ii) 66\2/3\ percent of such amounts 
                        shall be made available in each such 
                        fiscal year for activities under 
                        sections 107 and 108.]
    (a) In General.--
          (1) General authorization.--There are authorized to 
        be appropriated to carry out this title, $100,000,000 
        for fiscal year 1996, and such sums as may be necessary 
        for each of the fiscal years 1997 through 2000.
          (2) Discretionary activities.--
                  (A) In general.--Of the amounts appropriated 
                for a fiscal year under paragraph (1), the 
                Secretary shall make available 33\1/3\ 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. 115. RULE OF CONSTRUCTION.

    (a) In General.--Nothing in this Act shall be construed--
          (1) as establishing a Federal requirement that a 
        parent or legal guardian provide a child any medical 
        service or treatment against the religious beliefs of 
        the parent or legal guardian; and
          (2) to require that a State find, or to prohibit a 
        State from finding, abuse or neglect in cases in which 
        a parent or legal guardian relies solely or partially 
        upon spiritual means rather than medical treatment, in 
        accordance with the religious beliefs of the parent or 
        legal guardian.
    (b) State Requirement.--Notwithstanding subsection (a), a 
State shall, at a minimum, have in place authority under State 
law to permit the child protective service 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. Case by case determinations concerning 
the exercise of the authority of this subsection shall be 
within the sole discretion of the State.

  [TITLE II--COMMUNITY-BASED CHILD ABUSE AND NEGLECT PREVENTION GRANTS

[SEC. 201. PURPOSES.

    [It is the purpose of this title, through the provision of 
community-based child abuse and neglect prevention grants, to 
assist States in supporting child abuse and neglect prevention 
activities.

[SEC. 202. DEFINITIONS.

    [As used in this title--
          [(1) the term ``Secretary'' means the Secretary of 
        Health and Human Services; and
          [(2) the term ``State'' means any of the several 
        States, the District of Columbia, the Virgin Islands of 
        the United States, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, the Marshall Islands, the Federated 
        States of Micronesia, or Palau.

[SEC. 203. GRANTS AUTHORIZED.

    [(a) In General.--The Secretary is authorized, in 
accordance with the provisions of this title, to make grants to 
eligible States.
    [(b) Authorization of Appropriations.--For the purpose of 
carrying out this title, there are authorized to be 
appropriated $45,000,000 for fiscal year 1992, and such sums as 
may be necessary for each of the fiscal years 1993 through 
1995.

[SEC. 204. STATE ELIGIBILITY.

    [Any State is eligible for a grant under this title for any 
fiscal year if such State has established or maintained in the 
previous fiscal year a trust fund, including appropriations, 
which includes (in whole or in part) legislative provisions 
making funding available only for the broad range of child 
abuse and neglect prevention activities.

[SEC. 205. LIMITATIONS.

    [(a) Amount of Grant.--
          [(1) Allotment formula.--
                  [(A) In general.--Amounts appropriated to 
                provide grants under this title shall be 
                allotted among eligible States in each fiscal 
                year so that--
                          [(i) 50 percent of the total amount 
                        appropriated is allotted among each 
                        State based on the number of children 
                        under the age of 18 in each such State, 
                        except that each State shall receive 
                        not less than $30,000; and
                          [(ii) the remaining 50 percent of the 
                        total amount appropriated is allotted 
                        in an amount equal to 25 percent of the 
                        total amount collected by each such 
                        State, in the fiscal year prior to the 
                        fiscal year for which the allotment is 
                        being determined, for the children's 
                        trust fund of the State for child abuse 
                        and neglect prevention activities.
                  [(B) Use of amounts.--Not less than 50 
                percent of the amount of a grant made to a 
                State under this title in each fiscal year 
                shall be utilized to support community-based 
                prevention programs as authorized in section 
                204(a), except that this subparagraph shall not 
                become applicable until amounts appropriated 
                under section 203(b) exceed $10,000,000.
          [(2) Definition.--For purposes of paragraph (1)(B), 
        the term ``children'' means individuals who have not 
        attained the age of majority, as defined by such State.
    [(b) Application.--
          [(1) Requirements.--No grant may be made to any 
        eligible State unless an application is made to the 
        Secretary at such time, in such manner, and containing 
        or accompanied by such information as the Secretary 
        deems essential to carry out the purposes and 
        provisions of this title. Each application shall--
                  [(A) specify that the trust fund advisory 
                board, or in States without a trust fund 
                mechanism, the State liaison agency to the 
                National Center on Child Abuse and Neglect, 
                established by section 101, will be responsible 
                for administering and awarding of the Federal 
                grants to eligible recipients carrying out 
                activities described in section 204.
                  [(B) demonstrate coordination with other 
                child abuse and neglect prevention activities 
                and agencies at the State and local levels;
                  [(C) demonstrate the outcome of services and 
                activities funded under this title;
                  [(D) provide evidence that Federal assistance 
                received under this title has been supplemented 
                with non-Federal public and private assistance 
                (including in-kind contributions) at the local 
                level (Federal assistance expended in support 
                of activities authorized under paragraphs (1), 
                (2), and (3) of section 204 shall be 
                supplemented by State assistance);
                  [(E) demonstrate the extent to which funds 
                received under this title are used to support 
                community prevention activities in underserved 
                areas, in which case the supplemental support 
                required under subparagraph (D) shall be waived 
                for the first 3 years in which assistance is 
                provided to a grantee described in this 
                subparagraph;
                  [(F) provide assurances that any assistance 
                received under this title shall not be used as 
                a source for non-Federal funds for the matching 
                requirements of any other provision of Federal 
                law; and
                  [(G) provide for keeping records and making 
                such reasonable reports as the Secretary deems 
                essential to carry out the purposes and 
                provisions of this title.
          [(2) Approval.--The Secretary shall approve any 
        application that meets the requirements of this 
        subsection, and the Secretary shall not disapprove any 
        such application except after reasonable notice of the 
        Secretary's intention to disapprove and opportunity for 
        a hearing with respect to the disapproval.

[SEC. 206. WITHHOLDING.

    [Whenever the Secretary, after reasonable notice to any 
State and opportunity for hearing within the State, finds that 
there has been a failure to comply with any provision of this 
title, the Secretary shall notify the State that further 
payments will not be made under this title until the Secretary 
is satisfied that there is no longer any such failure to 
comply. Until the Secretary is so satisfied, no further 
payments shall be made under this title.

[SEC. 207. AUDIT.

    [The Comptroller General of the United States, and any of 
his duly authorized representatives, shall have access for the 
purpose of audit and examination to any books, documents, 
papers, and records of any applicant and any other entity 
receiving assistance under this title that are pertinent to the 
sums received and disbursed under this title.

[SEC. 208. REPORT.

    [The Secretary shall prepare and submit to the Congress at 
the end of each year a compilation and analysis of any reports 
submitted by eligible States under section 205(b)(1)(C).]

      TITLE II--COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

SEC. 201. PURPOSE AND AUTHORITY.

    (a) Purpose.--It is the purpose of this Act to support 
State efforts to develop, operate, expand and enhance a network 
of community-based, prevention-focused, family resource and 
support programs that are culturally competent and that 
coordinate resources among existing education, vocational 
rehabilitation, disability, respite, 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.
    (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') 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 sustained assistance to families;
                  (B) provide early, comprehensive, and 
                holistic support for all parents;
                  (C) promote the development of parental 
                competencies and capacities, 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; 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 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 
        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. 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 an 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 services 
        integrated with the Statewide network;
          (B) in determining which entity to designate under 
        subparagraph (A), the chief executive officer should 
        give priority consideration to the trust fund advisory 
        board of the State or 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
          (C) such lead entity is an existing public, quasi-
        public, or nonprofit private entity 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;
          (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, holistic 
                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. AMOUNT OF GRANT.

    (a) Reservation.--The 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) In General.--Of the amounts appropriated for a fiscal 
year under section 210 and remaining after the reservation 
under subsection (a), The Secretary shall allot to each State 
lead entity an amount so that--
          (1) 50 percent of the total amount allotted to the 
        State under this section is based on the number of 
        children under 18 residing in the State as compared to 
        the number of such children residing in all States, 
        except that no State shall receive less than $250,000; 
        and
          (2) each State receives, from the amounts remaining 
        from the total amount appropriated, an amount equal to 
        50 percent of the amount that each such State has 
        directed through the lead agency to the purposes 
        identified under the authority of this title, including 
        foundation, corporate, and other private funding, State 
        revenues, and Federal funds.
    (c) Allocation.--Funds allotted to a State under this 
section shall be awarded on a formula basis for a 3-year 
period. Payment under such allotments shall be made by the 
Secretary annually on the basis described in subsection (a).

SEC. 204. EXISTING AND CONTINUATION GRANTS.

    (a) Existing Grants.--Notwithstanding the enactment of this 
title, a State or entity that has a grant, contract, or 
cooperative agreement in effect, on the date of enactment of 
this title, under the Family Resource and Support Program, the 
Community-Based Family Resource Program, the Family Support 
Center Program, the Emergency Child Abuse Prevention Grant 
Program, or the Temporary Child Care for Children with 
Disabilities and Crisis Nurseries Programs shall continue to 
receive funds under such programs, subject to the original 
terms under which such funds were granted, through the end of 
the applicable grant cycle.
    (b) Continuation Grants.--The Secretary may continue grants 
for Family Resource and Support Program grantees, and those 
programs otherwise funded under this Act, on a noncompetitive 
basis, subject to the availability of appropriations, 
satisfactory performance by the grantee, and receipt of reports 
required under this Act, until such time as the grantee no 
longer meets the original purposes of this Act.

SEC. 205. APPLICATION.

    (a) In General.--A grant may not be made to a State under 
this title unless an application therefore is submitted by the 
State to the Secretary and such application contains the types 
of information specified by the Secretary as essential to 
carrying out the provisions of section 202, including--
          (1) a description of the lead entity that will be 
        responsible for the administration of funds provided 
        under this title and the oversight of programs funded 
        through the 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, 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 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 network of community-
        based, prevention-focused, family resource and support 
        programs will maintain cultural diversity, and be 
        culturally competent and socially sensitive and 
        responsive to the needs of families with children with 
        disabilities;
          (7) 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;
          (8) 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;
          (9) 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, new immigrant populations, children and 
        adults with disabilities, homeless families and those 
        at risk of homelessness, and members of other 
        underserved or underrepresented groups;
          (10) 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;
          (11) a description of how the applicant entity's 
        activities and those of the network and its members 
        will be evaluated;
          (12) a description of that actions that the applicant 
        entity will take to advocate changes in State policies, 
        practices, procedures and regulations to improve the 
        delivery of prevention-focused, family resource and 
        support program services to all 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. 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, holistic, 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) early developmental screening of 
                        children;
                          (iii) outreach services;
                          (iv) community and social service 
                        referrals; and
                          (v) 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 services to the extent 
                practicable; and
                  (C) access to optional services, including--
                          (i) child care, early childhood 
                        development and intervention services;
                          (ii) services and supports to meet 
                        the additional needs of families with 
                        children with disabilities;
                          (iii) job readiness services;
                          (iv) educational services, such as 
                        scholastic tutoring, literacy training, 
                        and General Educational Degree 
                        services;
                          (v) self-sufficiency and life 
                        management skills training;
                          (vi) community referral services; and
                          (vii) 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 development, operation and expansion of 
        the Statewide network.
    (b) Priority.--In awarding local grants under this title, a 
lead entity shall give priority to community-based programs 
serving low income communities and those serving young parents 
or parents with young children, and to community-based family 
resource and support programs previously funded under the 
programs consolidated under the Child Abuse Prevention and 
Treatment Act Amendments of 1995, so long as such programs meet 
local program requirements.

SEC. 207. PERFORMANCE MEASURES.

    A State receiving a grant under this title, through reports 
provided to the Secretary, shall--
          (1) 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) 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) demonstrate the establishment of new respite 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 201(b)(6);
          (4) 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) 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) 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) describe the results of a peer review process 
        conducted under the State program; and
          (8) 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. 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;
          (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. DEFINITIONS.

          (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 
        services, health and mental health services, 
        employability development and job training, and other 
        social services through help lines or other methods.
          (3) Culturally competent.--The term ``culturally 
        competent'' means services, support, or other 
        assistance that is conducted or provided in a manner 
        that--
                  (A) is responsive to the beliefs, 
                interpersonal styles, attitudes, languages, and 
                behaviors of those individuals and families 
                receiving services; and
                  (B) has the greatest likelihood of ensuring 
                maximum participation of such individuals and 
                families.
          (4) 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 other (such as 
                        through mutual support and parent self-
                        help groups);
                          (iii) early developmental screening 
                        of children to assess any needs of 
                        children, and to identify types of 
                        support that may be provided;
                          (iv) 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;
                          (v) community and social services to 
                        assist families in obtaining community 
                        resources; and
                          (vi) 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 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) self-sufficiency and life 
                        management skills training;
                          (iii) education services, such as 
                        scholastic tutoring, literacy training, 
                        and General Educational Degree 
                        services;
                          (iv) job readiness skills;
                          (v) child abuse and neglect 
                        prevention activities;
                          (vi) services that families with 
                        children with disabilities or special 
                        needs may require;
                          (vii) community and social service 
                        referral;
                          (viii) peer counseling;
                          (ix) referral for substance abuse 
                        counseling and treatment; and
                          (x) help line services.
          (5) National network for community-based family 
        resource programs.--The term ``network for community-
        based family resource program'' means the organization 
        of State designated entities who receive grants under 
        this title, and includes the entire membership of the 
        Children's Trust Fund Alliance and the National Respite 
        Network.
          (6) 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.
          (7) Respite services.--The term ``respite 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. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
title, $108,000,000 for each of the fiscal years 1996 through 
2000.
          * * * * * * *

    [TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES AND CRISIS 
                         NURSERIES ACT OF 1986

  [TITLE II--TEMPORARY CHILD CARE FOR HANDICAPPED CHILDREN AND CRISIS 
                               NURSERIES

[SEC. 201. SHORT TITLE.

    [This title may be cited as the ``Temporary Child Care for 
Children With Disabilities and Crisis Nurseries Act of 1986''.

[SEC. 202. FINDINGS.

    [The Congress finds that it is necessary to establish 
demonstration programs of grants to the States to assist 
private and public agencies and organizations provide: (A) 
temporary non-medical child care for children with special 
needs to alleviate social, emotional, and financial stress 
among children and families of such children, and (B) crisis 
nurseries for children who are abused and neglected, at risk of 
abuse or neglect, or who are in families receiving child 
protective services.

[SEC. 203. TEMPORARY CHILD CARE FOR HANDICAPPED AND CHRONICALLY ILL 
                    CHILDREN.

    [The Secretary of Health and Human Services shall establish 
a demonstration program of grants to States to assist private 
and public agencies and organizations to provide in-home or 
out-of-home temporary non-medical child care for children with 
disabilities, and children with chronic or terminal illnesses. 
Such care shall be provided on a sliding fee scale with hourly 
and daily rates.

[SEC. 204. CRISIS NURSERIES.

    [The Secretary of Health and Human Services shall establish 
a demonstration program of grants to States to assist private 
and public agencies and organizations to provide crisis 
nurseries for children who are abused and neglected, are at 
high risk of abuse and neglect, or who are in families 
receiving child protective services. Such service shall be 
provided without fee for a maximum of 30 days in any year. 
Crisis nurseries shall also provide referral to support 
services.

[SEC. 205. ADMINISTRATIVE PROVISIONS.

      [(a) Applications.--
          [(1)(A) Any State which desires to receive a grant 
        under section 203 or 204 shall submit an application to 
        the Secretary in such form and at such times as the 
        Secretary may require. Such application shall--
                  [(i) describe the proposed State program, 
                including the services to be provided, the 
                agencies and organizations that will provide 
                the services, and the criteria for selection of 
                children and families for participation in 
                projects under the program;
                  [(ii) contain an estimate of the cost of 
                developing, implementing, and evaluating the 
                State program;
                  [(iii) set forth the plan for dissemination 
                of the results of the projects;
                  [(iv) specify the State agency designated to 
                administer programs and activities assisted 
                under this title and the plans for coordinating 
                interagency support of the program; and
                  [(v) with respect to State agencies described 
                in subparagraph (B), provide documentation of a 
                commitment by all such agencies to develop a 
                State plan for coordination among the agencies 
                in carrying out programs and activities 
                provided by the State pursuant to a grant under 
                section 203.
          [(B) State agencies referred to in subparagraph 
        (A)(v) are State agencies responsible for providing 
        services to children with disabilities or with chronic 
        or terminal illnesses, or responsible for financing 
        services for such children, or both, including State 
        agencies responsible for carrying out State programs 
        that--
                  [(i) receive Federal financial assistance; 
                and
                  [(ii) relate to social services, maternal and 
                child health, comprehensive health and mental 
                health, medical assistance and infants, or 
                toddlers and families.
          [(2) Such application shall contain assurance that--
                  [(A) not more than 5 percent of funds made 
                available under this title will be used for 
                State administrative costs;
                  [(B) projects will be of sufficient size, 
                scope, and quality to achieve the objectives of 
                the program;
                  [(C) in the distribution of funds made 
                available under section 203, a State will give 
                priority consideration to agencies and 
                organizations with experience in working with 
                children with disabilities, with chronically 
                ill children, and with the families of such 
                children, and which serve communities with the 
                greatest need for such services;
                  [(D) in the distribution of funds made 
                available under section 204, the State will 
                give priority consideration to agencies and 
                organizations with experience in working with 
                abused or neglected children and their 
                families, and with children at high risk of 
                abuse and neglect and their families, and which 
                serve communities which demonstrate the 
                greatest need for such services; and
                  [(E) Federal funds made available under this 
                title will be so used as to supplement and, to 
                the extent practicable, increase the amount of 
                State ad local funds that would in the absence 
                of such Federal funds be made available for the 
                uses specified in this title, and in no case 
                supplant such State or local funds.
    [(b) Award of Grants.--
          [(1) In reviewing applications for grants under this 
        title, the Secretary shall consider, among other 
        factors, the equitable geographical distribution of 
        grants.
          [(2) In the award of temporary non-medical child care 
        demonstration grants under section 203, the Secretary 
        shall give a preference to States in which such care is 
        unavailable.
          [(3) Of the funds appropriated under section 206, 
        one-half shall be available for grants under section 
        203 and one-half shall be available for grants under 
        section 204.
    [(c) Evaluations.--States receiving grants under this 
title, shall annually submit a report to the Secretary 
evaluating funded programs. Such report shall include--
          [(1)(A) information concerning costs, the number of 
        participants, impact on family stability, the incidence 
        of abuse and neglect, the types, amounts, and costs of 
        various services provided, demographic data on 
        recipients of services, and such other information as 
        the Secretary may require; and
          [(B) with respect to services provided by the States 
        pursuant to section 203, information concerning the 
        number of families receiving services and documentation 
        of parental satisfaction with the services provided;
          [(2) a specification of the amount and source of 
        public funds, and of private funds, expended in the 
        State for temporary child care for children with 
        disabilities or with chronic or terminal illnesses; and
          [(3) a State strategy for expanding the availability 
        in the State of temporary child care, and other family 
        support, for families of children with disabilities or 
        with chronic or terminal illnesses, which strategy 
        specifies the manner in which the State intends to 
        expend any Federal financial assistance available to 
        the State for such purpose, including any such 
        assistance provided to the State for programs described 
        in section 205(a)(1)(B).
    [(d) Definitions.--For the purposes of this title--
          [(1) the term ``Secretary'' means the Secretary of 
        Health and Human Services;
          [(2) the term ``children with disabilities'' has the 
        meaning given such term in section 602(a)(1) of the 
        Individuals with Disabilities Education Act;
          [(3) the term ``crisis nursery'' means a center 
        providing temporary emergency services and care for 
        children;
          [(4) the term ``non-medical child care'' means the 
        provision of care to provide temporary relief for the 
        primary caregiver; and
          [(5) the term ``State'' means any of the several 
        States, the District of Columbia, the Virgin Islands of 
        the United States, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, the Marshall Islands, the Federated 
        States of Micronesia, or Palau.

[SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated for the purposes 
of this title such sums as may be necessary for each of the 
fiscal years 1987, 1988, and 1989, $20,000,000 for each of the 
fiscal years 1990 and 1991, and $20,000,000 for each of the 
fiscal years 1992 through 1995. Amounts appropriated under the 
preceding sentence shall remain available until expended.

[SEC. 207. EFFECTIVE DATE.

    [This title shall take effect October 1, 1986.]
          * * * * * * *
                              ----------                              


                      TITLE 42, UNITED STATES CODE

              STEWART B. McKINNEY HOMELESS ASSISTANCE ACT

          * * * * * * *
[Sec. 11481. Definitions
    [As used in this subtitle:
          [(1) Advisory council.--The term ``advisory council'' 
        means the advisory council established under section 
        772(e)(2)(K).
          [(2) Eligible entity.--The term ``eligible entity'' 
        means State or local agencies, a Head Start agency, any 
        community-based organization of demonstrated 
        effectiveness as a community action agency under 
        section 210 of the Economic Opportunity Act of 1984 (42 
        U.S.C. 2790), public housing agencies as defined in 
        section 3(b)(6) of the United States Housing Act of 
        1937, State Housing Finance Agencies, local education 
        agencies, an institution of higher education, a public 
        hospital, a community development corporation, a 
        private industry council as defined under section 
        102(a) of the Job Training Partnership Act, a community 
        health center, and any other public or private 
        nonprofit agency or organization specializing in 
        delivering social services.
          [(3) Family case managers.--The term ``family case 
        managers'' means advisers operating under the 
        provisions of section 774.
          [(4) Governmentally subsidized housing.--The term 
        ``governmentally subsidized housing'' means any rental 
        housing that is assisted under any Federal, State or 
        local program (including a tax credit or tax exempt 
        financing program) and that serves a population that 
        predominately consists of very low income families or 
        individuals.
          [(5) Homeless.--The term ``homeless'' has the same 
        meaning given such term in the subsections (a) and (c) 
        of section 103 of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11302 (a) and (c)).
          [(6) Intensive and comprehensive supportive 
        services.--The term ``intensive and comprehensive 
        supportive services'' means--
                  [(A) in the case of services provided to 
                infants, children and youth, such services that 
                shall be designed to enhance the physical, 
                social, and educational development of such 
                infants and children and that shall include, 
                where appropriate nutritional services, 
                screening and referral services, child care 
                services, early childhood development programs, 
                early intervention services for children with, 
                or at-risk of developmental delays, drop-out 
                prevention services, after-school activities, 
                job readiness and job training services, 
                education (including basic skills and literacy 
                services), emergency services including special 
                outreach services targeted to homeless and 
                runaway youth, crisis intervention and 
                counseling services, and such other services 
                that the Secretary may deem necessary and 
                appropriate;
                  [(B) in the case of services provided to 
                parents and other family members, services 
                designed to better unable parents and other 
                family members to contribute to their child's 
                healthy development and that shall include, 
                where appropriate, substance abuse education, 
                counseling, referral for treatment, crisis 
                intervention, employment counseling and 
                training as appropriate, life-skills training 
                including personal financial counseling, 
                education including basic skills and literacy 
                services, parenting classes, training in 
                consumer homemaking, and such other services as 
                the Secretary shall deem necessary and 
                appropriate;
                  [(C) in the case of services provided by 
                family case managers, needs assessment and 
                support in accessing and maintaining public 
                assistance and services, referral for substance 
                abuse counseling and treatment, counseling and 
                crisis intervention, family advocacy services, 
                and housing assistance activities, housing 
                counseling and eviction or foreclosure 
                prevention assistance and referral to sources 
                of emergency rental or mortgage assistance 
                payments and home energy assistance, and other 
                services as appropriate.
          [(7) Low income.--The term ``low income'' when 
        applied to families or individuals means a family or 
        individual income that does not exceed 80 percent of 
        the median income for an individual or family in the 
        area, as determined by the Secretary of Housing and 
        Urban Development, except that such Secretary may 
        establish income ceilings that are higher or lower than 
        80 percent of the median for the area on the basis of a 
        finding by such Secretary that such variations are 
        necessary because of prevailing levels of construction 
        costs or unusually high or low individual or family 
        incomes.
          [(8) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
          [(9) Very low income.--The term ``very low income'' 
        when applied to families or individuals means a family 
        or individual income that does not exceed 50 percent of 
        the median income for an individual or family in the 
        area, as determined by the Secretary, except that the 
        Secretary may establish income ceilings that are higher 
        or lower than 50 percent of the median for the area on 
        the basis of a finding by the Secretary that such 
        variations are necessary because of unusually high or 
        low individual or family incomes.]
          * * * * * * *
                              ----------                              


              FAMILY VIOLENCE PREVENTION AND SERVICES ACT

           TITLE III--FAMILY VIOLENCE PREVENTION AND SERVICES

                              Short Title

    Sec. 301. * * *
          * * * * * * *

                 State Demonstration Grants Authorized

    Sec. 303. (a)(1) * * *
          * * * * * * *
    (e) No grant may be made under this section to any entity 
other than a State or an Indian Tribe unless the entity 
provides for the [following local share] following non-Federal 
matching local share as a proportion of the total amount of 
funds provided under this title to the project involved: [20 
percent in the first year such project receives a grant under 
this title, 35 percent in the second such year, and 50 percent 
in the third such year and in any such year thereafter. Except 
in the case of a public entity, not less than 25 percent of the 
local share of such agency or organization shall be raised from 
private sources.] 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. The local 
share required under this subsection may be in cash or in-kind. 
The local share may not include any Federal funds provided 
under any authority other than this title.
          * * * * * * *

                           Allotment of Funds

    Sec. 304. (a) * * *
          * * * * * * *
          (1) each State shall be allotted not less than 1 
        percent of the amounts available for grants under 
        section 303(a) for the fiscal year for which the 
        allotment is made, or [$200,000] $400,000, whichever is 
        the lessor amount; and
          * * * * * * *

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.-- * * *
          * * * * * * *
    (b) Section 303 (a) and (b).--Of the amounts appropriated 
under subsection (a) for each fiscal year, not less than [80] 
70 percent shall be used for making grants under subsection 
303(a), and not less than 10 percent shall be used for the 
purpose of carrying out section 303(b).
          * * * * * * *
    (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.
          * * * * * * *
                              ----------                              


  CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978

          * * * * * * *

                    TITLE II--ADOPTION OPPORTUNITIES

SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

    (a) Findings.--Congress finds that--
          (1) the number of children in substitute care 
        increased by nearly [50 percent between 1985 and 1990] 
        61 percent between 1986 and 1994, as our Nation's 
        foster care population included more than [400,000 
        children at the end of June, 1990] 452,000 as of June, 
        1994;
          * * * * * * *
          (5) many thousands of children remain in institutions 
        or foster homes solely because of [local] legal and 
        other barriers to their placement in permanent, 
        adoptive homes;
          * * * * * * *
          [(7) currently one-half of children free for adoption 
        and awaiting placement are minorities;]
          (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;
          * * * * * * *
    (b) Purpose.--It is the purpose of this title to facilitate 
the elimination of barriers to adoption and to provide 
permanent and loving home environments for children who would 
benefit from adoption, particularly children with special 
needs, including disabled infants with life-threatening 
[conditions, by--
          (1) promoting model adoption legislation and 
        procedures in the States and territories of the United 
        States in order to eliminate jurisdictional and legal 
        obstacles to adoption; and
          (2) providing a mechanism] conditions, by providing a 
        mechanism for the Department of Health and Human 
        Services to--
          [(A)] (1) promote quality standards for adoption 
        services, pre-placement, post-placement, and post-legal 
        adoption counseling, and standards to protect the 
        rights of children in need, of adoption;
          [(B)] (2) maintain a national adoption information 
        exchange system to bring together children who would 
        benefit from adoption and qualified prospective 
        adoptive parents who are seeking such children, and 
        conduct national recruitment efforts in order to reach 
        prospective parents for children awaiting adoption; and
          [(C)] (3) demonstrate expeditious ways to free 
        children for adoption for whom it has been determined 
        that adoption is the appropriate plan.
          * * * * * * *

                        INFORMATION AND SERVICES

    Sec. 203. (a) The Secretary shall establish in the 
Department of Health and Human Services an appropriate 
administrative arrangement to provide a centralized focus for 
planning and coordinating of all departmental activities 
affecting adoption and foster care and for carrying out the 
provisions of this title. The Secretary shall make available 
such consultant services, on-site technical assistance and 
personnel, together with appropriate administrative expenses, 
including salaries and travel costs, as are necessary for 
carrying out such purposes, including services to facilitate 
the adoption of children with special needs and particularly of 
disabled infants with life-threatening conditions and services 
to couples considering adoption of children with special needs. 
[The Secretary shall, not later than 12 months after the date 
of enactment of this sentence, prepare and submit to the 
committees of Congress having jurisdiction over such services 
reports, as appropriate, containing appropriate data concerning 
the manner in which activities were carried out under this 
title, and such reports shall be made available to the public.]
    (b) In connection with carrying out the provisions of this 
title, the Secretary shall--
           (1) * * *
          * * * * * * *
          [(6) continue to study the nature, scope, and effects 
        of the placement of children in adoptive homes (not 
        including the homes of stepparents or relatives of the 
        child in question) by persons or agencies which are not 
        licensed by or subject to regulation by any 
        governmental entity;]
          (6) study the nature, scope, and effects of the 
        placement of children in kinship care arrangements, 
        pre-adoptive, or adoptive homes;
          (7) study the efficacy of States contracting with 
        public or private nonprofit agencies (including 
        community-based organizations), organizations, or 
        sectarian institutions for the recruitment of potential 
        adoptive and foster families and to provide assistance 
        in the placement of children for adoption;
          [(7)] (8) consult with other appropriate Federal 
        departments and agencies in order to promote maximum 
        coordination of the services and benefits provided 
        under programs carried out by such departments and 
        agencies with those carried out by the Secretary, and 
        provide for the coordination of such aspects of all 
        programs with the Department of Health and Human 
        Services relating to adoption;
          [(8)] (9) maintain [(directly or by grant to or 
        contract with public or private nonprofit agencies or 
        organizations)] a National Resources Center for Special 
        for Special Needs Adoption to--
          * * * * * * *
          [(9)] (10) provide (directly or by grant to or 
        contract with States, local government entities, public 
        or private nonprofit licensed child welfare or adoption 
        agencies or adoptive family groups and community-based 
        organizations with experience in working with minority 
        populations) for the provision of programs aimed at 
        increasing the number of minority children (who are in 
        foster care and have the goal of adoption) placed in 
        adoptive families, with a special emphasis on 
        recruitment of minority families--
          * * * * * * *
    (d)(1) * * *
          * * * * * * *
    (2) [Each] (A) Each State entering into an agreement under 
this subsection shall submit an application to the Secretary 
[for each fiscal year] that describes the manner in which the 
State will use funds during the 3-fiscal years subsequent to 
the date of the application to accomplish the purposes of this 
section. Such application shall be in a form and manner 
determined to be appropriate by the Secretary. Each application 
shall include verification of the placements described in 
paragraph (1).
    (B) The Secretary shall provide, directly or by grant to or 
contract with public or private nonprofit agencies or 
organizations--
          (i) technical assistance and resource and referral 
        information to assist State or local governments with 
        termination of parental rights issues, in recruiting 
        and retaining adoptive families, in the successful 
        placement of children with special needs, and in the 
        provision of pre- and post-placement services, 
        including post-legal adoption services; and
          (ii) other assistance to help State and local 
        governments replicate successful adoption-related 
        projects from other areas in the United States.
          * * * * * * *

                     authorizaton of appropriations

    Sec. 205. (a) There are authorized to be appropriated, 
[$10,000,000 for fiscal year 1992, and such sums as may be 
necessary for each of the fiscal years 1993 through 1995, to 
carry out programs and activities under this Act except for 
programs and activities authorized under sections 203(b)(9) and 
203(c)(1)] $20,000,000 for fiscal year 1996, and such sums as 
may be necessary for each of the fiscal years 1997 through 2000 
to carry out programs and activities authorized.
    [(b) For any fiscal year in which appropriations under 
subsection (a) exceeds $5,000,000, there are authorized to be 
appropriated $10,000,000 for fiscal year 1992, and such sums as 
may be necessary for each of the fiscal years 1993 through 
1995, to carry out section 203(b)(9), and there are authorized 
to be appropriated $10,000,000 for fiscal year 1992, and such 
sums as may be necessary for each of the fiscal years 1993 
through 1995, to carry out section 203(c)(1).]
    [(c)] (b) The Secretary shall ensure that funds 
appropriated pursuant to authorizations in this Act shall 
remain available until expended for the purposes for which they 
were appropriated.
          * * * * * * *
                              ----------                              


                ABANDONED INFANTS ASSISTANCE ACT OF 1988

          * * * * * * *

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--
          (1) For the purpose of carrying out this title (other 
        than section 102(b)), there are authorized to be 
        appropriated [$20,000,000 for fiscal year 1992, 
        $25,000,000 for fiscal year 1993, $30,000,000 for 
        fiscal year 1994, and $35,000,000 for fiscal year 1995] 
        $35,000,000 for each of the fiscal years 1995 and 1996, 
        and such sums as may be necessary for each of the 
        fiscal years 1997 through 2000.
          * * * * * * *

                      TITLE 42, UNITED STATES CODE

                   MISSING CHILDREN'S ASSISTANCE ACT

Sec. 5777. Authorization of appropriations

    [To] (a) In General._Carry out the provisions of this 
subchapter, there are authorized to be appropriated such sums 
as may be necessary for fiscal years 1993, 1994, 1995, [and 
1996] 1996, and 1997.
    (b) Evaluation._The Administrator shall 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.
          * * * * * * *
                              ----------                              


                      TITLE 42, UNITED STATES CODE

                   VICTIMS OF CHILD ABUSE ACT OF 1990

          * * * * * * *

Sec. 13004. Authorization of appropriations

    (a) Sections 13001b and 13002 of this title
          * * * * * * *
          (2) such sums as are necessary for fiscal years 1994, 
        1995, [and 1996] 1996, and 1997.
    (b) Section 13003 of this title
          * * * * * * *
          (2) such sums as are necessary for fiscal years 1994, 
        1995, [and 1996] 1996, and 2000.
          * * * * * * *