(Sec. 112) Directs the Secretary to focus interdisciplinary research on, among other areas, the effects of abuse and neglect on a child's development. Requires the Secretary to conduct research on the national incidence of child abuse and neglect. Allows the Secretary to award grants to, and enter into contracts with, States or public or private entities or organizations for time-limited demonstration projects addressing various topics, including projects that involve innovative training for mandated child abuse and neglect reporters.
(Sec. 113) Permits the Secretary to award grants for various programs to improve training for child protection services (CPS) and other child and family service workers.
(Sec. 114) Directs the Secretary to make grants to States for child abuse and neglect prevention and treatment programs. Amends grant eligibility requirements grants, to require, among other things: (1) triage procedures for the referral of a child not at imminent risk of harm to a community organization or voluntary child maltreatment prevention service; and (2) procedures to improve the training, retention, and supervision of caseworkers.
(Sec. 115) Allows the Secretary, in collaboration with the John H. Chafee Foster Care Independence Board, to make grants to eligible partnerships of public agencies or private nonprofit organizations in not more than ten States to aid in providing long and short-term financial security for youth in foster care and youth aging out of foster care.
(Sec. 116) Authorizes appropriations.
Subtitle B: Community-Based Grants for the Prevention of Child Abuse - (Sec. 121) Modifies language relating to the purpose of and authority for community-based grants to States for the prevention of child abuse.
(Sec. 122) Amends eligibility requirements that States must meet to receive community-based grants from the Secretary.
(Sec. 123) Modifies language pertaining to how funds are to be allotted by the Secretary to States for such community-based grants.
(Sec. 124) Repeals provisions providing for the continuance of existing community-based family resource and support grants, contracts, or cooperative agreements to States or other entities.
(Sec. 125) Modifies the information a State needs to include in a submission to the Secretary to receive a community-based grant.
(Sec. 126) Modifies local program requirements for community-based grants, including to classify voluntary home visiting among other core services which must be provided or arranged for through contracts or agreements with other local agencies.
(Sec. 130) Authorizes appropriations.
Title II: Amendments to Family Violence Prevention and Services Act - Subtitle A: Reauthorization of Grant Programs - (Sec. 201) Amends the Family Violence Prevention and Services Act to modify the definition of underserved populations for purposes of certain State grants.
(Sec. 202) Modifies secretarial responsibilities to allow more than one employee to carry out certain required functions under the Act.
(Sec. 203) Amends reporting requirements under the Act.
(Sec. 204) Repeals a deadline for the Secretary to publish regulations under the Act concerning information and technical assistance centers.
(Sec. 205) Authorizes appropriations.
(Sec. 206) Requires not less than ten percent of State grants for family violence and prevention services annually to go to State Domestic Violence Coalitions. Repeals provision establishing time frames for regulations regarding domestic violence coalitions.
(Sec. 207) Requires the Secretary to use not more than two percent of family violence and prevention services funds under the Act for each fiscal year for evaluation, monitoring, and other administrative costs under this title.
(Sec. 208) Repeals provisions concerning the family member abuse information and documentation project.
(Sec. 209) Repeals provisions regarding the model State leadership grants for domestic violence intervention.
(Sec. 210) Permits the Secretary to extend national domestic violence hotline grants for grantees that submit a report evaluating the effectiveness of the program, providing that the report and other criteria indicate the program is being successfully operated. Authorizes appropriations.
(Sec. 211) Repeals provisions regarding youth education and domestic violence.
(Sec. 212) Authorizes appropriations. Repeals a provision establishing a time frame for regulations concerning demonstration grants for community initiatives.
(Sec. 213) Authorizes appropriations.
Subtitle B: National Domestic Violence Hotline - (Sec. 221) Requires the Secretary to award a grant to a nonprofit organization to establish and operate a confidential Internet website to link domestic violence shelters and service providers and the National Domestic Violence Hotline. Authorizes appropriations.
Subtitle C: Children Exposed to Domestic Violence Program - (Sec. 232) Establishes the Children Exposed to Domestic Violence Program, which shall provide grants to shelters and other domestic violence service providers to run programs that address the needs of children with mothers who are abused. Authorizes appropriations.
Title III: Adoption Opportunities - (Sec. 302) Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary to provide (directly or by grant) for the implementation of programs that are intended to increase the number of older children moving from foster care to adoptive families.
Requires the Secretary to award grants to, or enter into contracts with, States, local government, and adoption and child welfare programs to help eliminate barriers to placing children for adoption across jurisdictional boundaries.
(Sec. 303) Modifies provisions on interstate adoptions to direct the Secretary to study for-profit adoptions (present law directs study of adoptions that are unregulated or not licensed). Specifies certain topics for the Secretary to investigate, including research on how interstate placements are being financed across State lines.
(Sec. 304) Authorizes appropriations.
(Sec. 305) Directs the Secretary to prepare a report recommending an action plan to facilitate the interjurisdictional adoption of foster children.
Title IV: Abandoned Infants Assistance - (Sec. 402) Amends the Abandoned Infants Assistance Act of 1988 to prohibit the Secretary from making grants to public and nonprofit entities regarding abandonment of infants and young children in hospitals unless priority is given by the grantee to children who: (1) have been perinatally exposed to HIV or who have a life-threatening illness; (2) have another special medical need; or (3) have been exposed perinatally to a dangerous drug.
(Sec. 403) Directs the Secretary to: (1) provide for evaluations of projects on abandoned infants under this Act and for dissemination of information about such projects; and (2) to undertake a study and prepare a report on the number of abandoned infants and young children.
(Sec. 404) Authorizes appropriations.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2998 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2998
To reauthorize the Child Abuse Prevention and Treatment Act, the Family
Violence Prevention and Services Act, the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978, and the Abandoned Infants
Assistance Act of 1988, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2002
Mr. Dodd (for himself, Mr. Gregg, Mr. Kennedy, Ms. Collins, Mr.
Wellstone, and Mr. DeWine) introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
A BILL
To reauthorize the Child Abuse Prevention and Treatment Act, the Family
Violence Prevention and Services Act, the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978, and the Abandoned Infants
Assistance Act of 1988, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping Children
and Families Safe Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 101. Findings.
Subtitle A--General Program
Sec. 111. National Clearinghouse for Information Relating to Child
Abuse.
Sec. 112. Research and assistance activities and demonstrations.
Sec. 113. Grants to States and public or private agencies and
organizations.
Sec. 114. Grants to States for child abuse and neglect prevention and
treatment programs.
Sec. 115. Miscellaneous requirements relating to assistance.
Sec. 116. Authorization of appropriations.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
Sec. 121. Purpose and authority.
Sec. 122. Eligibility.
Sec. 123. Amount of grant.
Sec. 124. Existing grants.
Sec. 125. Application.
Sec. 126. Local program requirements.
Sec. 127. Performance measures.
Sec. 128. National network for community-based family resource
programs.
Sec. 129. Definitions.
Sec. 130. Authorization of appropriations.
TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Subtitle A--Reauthorization of Grant Programs
Sec. 201. State demonstration grants.
Sec. 202. Secretarial responsibilities.
Sec. 203. Evaluation.
Sec. 204. Information and technical assistance centers.
Sec. 205. General authorization of appropriations.
Sec. 206. Grants for State domestic violence coalitions.
Sec. 207. Evaluation and monitoring.
Sec. 208. Family member abuse information and documentation project.
Sec. 209. Model State leadership grants.
Sec. 210. National domestic violence hotline grant.
Sec. 211. Youth education and domestic violence.
Sec. 212. Demonstration grants for community initiatives.
Sec. 213. Transitional housing reauthorization.
Sec. 214. Technical and conforming amendments.
Subtitle B--National Domestic Violence Hotline
Sec. 221. National domestic violence hotline enhancement.
Subtitle C--Children Exposed to Domestic Violence Program
Sec. 231. Purpose.
Sec. 232. Services for children exposed to domestic violence.
TITLE III--ADOPTION OPPORTUNITIES
Sec. 301. Congressional findings and declaration of purpose.
Sec. 302. Information and services.
Sec. 303. Study of adoption placements.
Sec. 304. Authorization of appropriations.
Sec. 305. Adoption action plan.
TITLE IV--ABANDONED INFANTS ASSISTANCE
Sec. 401. Findings.
Sec. 402. Establishment of local programs.
Sec. 403. Evaluations, study, and reports by Secretary.
Sec. 404. Authorization of appropriations.
Sec. 405. Definitions.
TITLE I--CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 101. FINDINGS.
Section 2 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 note) is amended--
(1) in paragraph (1), by striking ``close to 1,000,000''
and inserting ``approximately 900,000'';
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) by inserting after paragraph (1) the following:
``(2)(A) more children suffer neglect than any other form
of maltreatment; and
``(B) investigations have determined that approximately 63
percent of children who were victims of maltreatment in 2000
suffered neglect, 19 percent suffered physical abuse, 10
percent suffered sexual abuse, and 8 percent suffered emotional
maltreatment;
``(3)(A) child abuse can result in the death of a child;
``(B) in 2000, an estimated 1,200 children were counted by
child protection services to have died as a result of abuse or
neglect; and
``(C) children younger than 1 year old comprised 44 percent
of child fatalities and 85 percent of child fatalities were
younger than 6 years of age;'';
(4) by striking paragraph (4) (as so redesignated), and
inserting the following:
``(4)(A) many of these children and their families fail to
receive adequate protection and treatment;
``(B) slightly less than half of these children (45 percent
in 2000) and their families fail to receive adequate protection
or treatment; and
``(C) in fact, approximately 80 percent of all children
removed from their homes and placed in foster care in 2000, as
a result of an investigation or assessment conducted by the
child protective services agency, received no services;'';
(5) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking
``organizations'' and inserting ``community-based
organizations'';
(B) in subparagraph (D), by striking ``ensures''
and all that follows through ``knowledge,'' and
inserting ``recognizes the need for properly trained
staff with the qualifications needed''; and
(C) in subparagraph (E), by inserting before the
semicolon the following: ``, which may impact child
rearing patterns, while at the same time, not allowing
those differences to enable abuse'';
(6) in paragraph (7) (as so redesignated), by striking
``this national child and family emergency'' and inserting
``child abuse and neglect''; and
(7) in paragraph (9) (as so redesignated)--
(A) by striking ``intensive'' and inserting
``needed''; and
(B) by striking ``if removal has taken place'' and
inserting ``where appropriate''.
Subtitle A--General Program
SEC. 111. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Functions.--Section 103(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) in paragraph (1), by striking ``all programs,'' and all
that follows through ``neglect; and'' and inserting ``all
effective programs, including private and community-based
programs, that show promise of success with respect to the
prevention, assessment, identification, and treatment of child
abuse and neglect and hold the potential for broad scale
implementation and replication;'';
(2) in paragraph (2), by striking the period and inserting
a semicolon;
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) maintain information about the best practices used
for achieving improvements in child protective systems;''; and
(5) by adding at the end the following:
``(4) provide technical assistance upon request that 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 this Act; and
``(5) 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.''.
(b) Coordination With Available Resources.--Section 103(c)(1) of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)) is
amended--
(1) in subparagraph (E), by striking ``105(a); and'' and
inserting ``104(a);'';
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) collect and disseminate information that
describes best practices being used throughout the
Nation for making appropriate referrals related to, and
addressing, the physical, developmental, and mental
health needs of abused and neglected children; and''.
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS.
(a) Research.--Section 104(a) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5105(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) in the first sentence, by inserting ``,
including longitudinal research,'' after
``interdisciplinary program of research''; and
(ii) in the second sentence, by striking
``may'' and inserting ``shall primarily'';
(B) in subparagraph (B), by inserting before the
semicolon the following: ``, including the effects of
abuse and neglect on a child's development and the
identification of successful early intervention
services or other services that are needed'';
(C) in subparagraph (C)--
(i) by striking ``judicial procedures'' and
inserting ``judicial systems, including
multidisciplinary, coordinated decisionmaking
procedures''; and
(ii) by striking ``and'' at the end; and
(D) in subparagraph (D)--
(i) in clause (viii), by striking ``and''
at the end;
(ii) by redesignating clause (ix) as clause
(x); and
(iii) by inserting after clause (viii), the
following:
``(ix) the incidence and prevalence of
child maltreatment by a wide array of
demographic characteristics such as age, sex,
race, household relationship, family structure,
school enrollment and education attainment,
disability, grandparents as caregivers, labor
force status, work status in previous year, and
income in previous year; and'';
(E) by redesignating subparagraph (D) as
subparagraph (I); and
(F) by inserting after subparagraph (C), the
following:
``(D) the evaluation and dissemination of best
practices consistent with the goals of achieving
improvements in the child protective services systems
of the States in accordance with paragraphs (1) through
(12) of section 106(a);
``(E) effective approaches to interagency
collaboration between the child protection system and
the juvenile justice system that improve the delivery
of services and treatment, including methods for
continuity of treatment plan and services as children
transition between systems;
``(F) an evaluation of the redundancies and gaps in
the services in the field of child abuse and neglect
prevention in order to make better use of resources;
``(G) the nature, scope, and practice of voluntary
relinquishment for foster care or State guardianship of
low income children who need health services, including
mental health services;
``(H) the information on the national incidence of
child abuse and neglect specified in clauses (i)
through (xi) of subparagraph (H); and'';
(2) by redesignating paragraph (2) as paragraph (4);
(3) by inserting after paragraph (1) the following:
``(2) Research.--The Secretary shall conduct research on
the national incidence of child abuse and neglect, including
the information on the national incidence on child abuse and
neglect specified in subparagraphs (i) through (ix) of
paragraph (1)(I).
``(3) Report.--Not later than 4 years after the date of the
enactment of the Keeping Children and Families Safe Act of
2002, the Secretary shall prepare and submit to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate a report that contains the results of the research
conducted under paragraph (2).''.
(b) Provision of Technical Assistance.--Section 104(b) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is amended--
(1) in paragraph (1), by striking ``nonprofit agencies
and'' and inserting ``private agencies and community-based'';
and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) effective approaches being utilized to link
child protective service agencies with health care,
mental health care, and developmental services to
improve forensic diagnosis and health evaluations, and
barriers and shortages to such linkages.''.
(c) Demonstration Programs and Projects.--Section 104 of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by
adding at the end the following:
``(e) Demonstration Programs and Projects.--The Secretary may award
grants to, and enter into contracts with, States or public or private
agencies or organizations (or combinations of such agencies or
organizations) for time-limited, demonstration projects for the
following:
``(1) Promotion of safe, family-friendly physical
environments for visitation and exchange.--The Secretary may
award grants under this subsection to entities to assist such
entities in establishing and operating safe, family-friendly
physical environments--
``(A) for court-ordered, supervised visitation
between children and abusing parents; and
``(B) to safely facilitate the exchange of children
for visits with noncustodial parents in cases of
domestic violence.
``(2) Education identification, prevention, and
treatment.--The Secretary may award grants under this
subsection to entities for projects that provide educational
identification, prevention, and treatment services in
cooperation with preschool and elementary and secondary
schools.
``(3) Risk and safety assessment tools.--The Secretary may
award grants under this subsection to entities for projects
that provide for the development of risk and safety assessment
tools relating to child abuse and neglect.
``(4) Training.--The Secretary may award grants under this
subsection to entities for projects that involve innovative
training for mandated child abuse and neglect reporters.
``(5) Comprehensive adolescent victim/victimizer prevention
programs.--The Secretary may award grants to organizations that
demonstrate innovation in preventing child sexual abuse through
school-based programs in partnership with parents and
community-based organizations to establish a network of
trainers who will work with schools to implement the program.
The program shall be comprehensive, meet State guidelines for
health education, and should reduce child sexual abuse by
focusing on prevention for both adolescent victims and
victimizers.''.
SEC. 113. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.
(a) Demonstration Programs and Projects.--Section 105(a) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is
amended--
(1) in the subsection heading, by striking
``Demonstration'' and inserting ``Grants for'';
(2) in the matter preceding paragraph (1)--
(A) by inserting ``States,'' after ``contracts
with,'';
(B) by striking ``nonprofit''; and
(C) by striking ``time limited, demonstration'';
(3) in paragraph (1)--
(A) in subparagraph (A), by striking ``education,
social work, and other relevant fields'' and inserting
``law enforcement, judiciary, social work and child
protection, education, and other relevant fields, or
individuals such as court appointed special advocates
(CASAs) and guardian ad litem,'';
(B) in subparagraph (B), by striking ``nonprofit''
and all that follows through ``; and'' and inserting
``children, youth and family service organizations in
order to prevent child abuse and neglect;'';
(C) in subparagraph (C), by striking the period and
inserting a semicolon;
(D) by adding at the end the following:
``(D) for training to support the enhancement of
linkages between child protective service agencies and
health care agencies, including physical and mental
health services, to improve forensic diagnosis and
health evaluations and for innovative partnerships
between child protective service agencies and health
care agencies that offer creative approaches to using
existing Federal, State, local, and private funding to
meet the health evaluation needs of children who have
been subjects of substantiated cases of child abuse or
neglect;
``(E) for the training of personnel in best
practices to promote collaboration with the families
from the initial time of contact during the
investigation through treatment;
``(F) for the training of personnel regarding their
responsibilities to protect the legal rights of
children and families;
``(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
``(H) for enabling State child welfare agencies to
coordinate the provision of services with State and
local health care agencies, alcohol and drug abuse
prevention and treatment agencies, mental health
agencies, and other public and private welfare agencies
to promote child safety, permanence, and family
stability;
``(I) for cross training for child protective
service workers in recognizing situations of substance
abuse, domestic violence, and neglect; and
``(J) for developing, implementing, or operating
information and education programs or training programs
designed to improve the provision of services to
disabled infants with life-threatening conditions for--
``(i) professionals and paraprofessional
personnel concerned with the welfare of
disabled infants with life-threatening
conditions, including personnel employed in
child protective services programs and health
care facilities; and
``(ii) the parents of such infants.'';
(4) by redesignating paragraph (2) and (3) as paragraphs
(3) and (4), respectively;
(5) by inserting after paragraph (1), the following:
``(2) Triage procedures.--The Secretary may award grants
under this subsection to public and private agencies that
demonstrate innovation in responding to reports of child abuse
and neglect, including programs of collaborative partnerships
between the State child protective services agency, community
social service agencies and family support programs, schools,
churches and synagogues, and other community agencies, to allow
for the establishment of a triage system that--
``(A) accepts, screens, and assesses reports
received to determined which such reports require an
intensive intervention and which require voluntary
referral to another agency, program, or project;
``(B) provides, either directly or through
referral, a variety of community-linked services to
assist families in preventing child abuse and neglect;
and
``(C) provides further investigation and intensive
intervention where the child's safety is in
jeopardy.'';
(6) in paragraph (3) (as so redesignated), by striking
``(such as Parents Anonymous)'';
(7) in paragraph (4) (as so redesignated)--
(A) by striking the paragraph heading;
(B) by striking subparagraphs (A) and (C); and
(C) in subparagraph (B)--
(i) by striking ``(B) Kinship care.--'' and
inserting the following:
``(4) Kinship care.--
``(A) In general.--''; and
(ii) by striking ``nonprofit''; and
(8) by adding at the end the following:
``(5) Linkages between child protective service agencies
and public health, mental health, and developmental
disabilities agencies.--The Secretary may award grants to
entities that provide linkages between State or local child
protective service agencies and public health, mental health,
and developmental disabilities agencies, for the purpose of
establishing linkages that are designed to help assure that a
greater number of substantiated victims of child maltreatment
have their physical health, mental health, and developmental
needs appropriately diagnosed and treated.''.
(b) Discretionary Grants.--Section 105(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(b)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) by inserting after paragraph (2) (as so redesignated),
the following:
``(3) Programs based within children's hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a
report of maltreatment has been substantiated.''; and
(4) in paragraph (4)(D), by striking ``nonprofit''.
(c) Evaluation.--Section 105(c) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106(c)) is amended--
(1) in the first sentence, by striking ``demonstration'';
(2) in the second sentence, by inserting ``or contract''
after ``or as a separate grant''; and
(3) by adding at the end the following: ``In the case of an
evaluation performed by the recipient of a grant, the Secretary
shall make available technical assistance for the evaluation,
where needed, including the use of a rigorous application of
scientific evaluation techniques.''.
(d) Technical Amendment to Heading.--The section heading for
section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C.
5106) is amended to read as follows:
``SEC. 105. GRANTS TO STATES AND PUBLIC OR PRIVATE AGENCIES AND
ORGANIZATIONS.''.
SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
(a) Development and Operation Grants.--Section 106(a) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended--
(1) in paragraph (3)--
(A) by inserting ``, including ongoing case
monitoring,'' after ``case management''; and
(B) by inserting ``and treatment'' after ``and
delivery of services'';
(2) in paragraph (4), by striking ``improving'' and all
that follows through ``referral systems'' and inserting
``developing, improving, and implementing risk and safety
assessment tools and protocols'';
(3) by striking paragraph (7);
(4) by redesignating paragraphs (5), (6), (8), and (9) as
paragraphs (6), (8), (9), and (12), respectively;
(5) by inserting after paragraph (4), the following:
``(5) developing and updating systems of technology that
support the program and track reports of child abuse and
neglect from intake through final disposition and allow
interstate and intrastate information exchange;'';
(6) in paragraph (6) (as so redesignated), by striking
``opportunities'' and all that follows through ``system'' and
inserting ``including safety training opportunities and
requirements for child protection workers'';
(7) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) improving the skills, qualifications, and
availability of individuals providing services to children and
families, and the supervisors of such individuals, through the
child protection system, including improvements in the
recruitment and retention of caseworkers;'';
(8) by striking paragraph (9) (as so redesignated), and
inserting the following:
``(9) developing and facilitating training protocols for
individuals mandated to report child abuse or neglect;
``(10) developing, implementing, or operating programs to
assist in obtaining or coordinating necessary services for
families of disabled infants with life-threatening conditions,
including--
``(A) existing social and health services;
``(B) financial assistance; and
``(C) services necessary to facilitate adoptive
placement of any such infants who have been
relinquished for adoption;
``(11) developing and delivering information to improve
public education relating to the role and responsibilities of
the child protection system and the nature and basis for
reporting suspected incidents of child abuse and neglect;'';
and
(9) in paragraph (12) (as so redesignated), by striking the
period and inserting a semicolon;
(10) by adding at the end the following:
``(13) supporting and enhancing interagency collaboration
between the child protection system and the juvenile justice
system for improved delivery of services and treatment,
including methods for continuity of treatment plan and services
as children transition between systems; or
``(14) supporting and enhancing collaboration among public
health agencies, the child protection system, and private
community-based programs to provide child abuse and neglect
prevention and treatment services (including linkages with
education systems) and to address the health needs, including
mental health needs, of children identified as abused or
neglected, including supporting prompt, comprehensive health
and developmental evaluations for children who are the subject
of substantiated child maltreatment reports.''.
(b) Eligibility Requirements.--
(1) In general.--Section 106(b) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended--
(A) in paragraph (1)(B)--
(i) by striking ``provide notice to the
Secretary of any substantive changes'' and
inserting the following: `` provide notice to
the Secretary--
``(i) of any substantive changes; and'';
(ii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(ii) any significant changes to how funds
provided under this section are used to support
the activities which may differ from the
activities as described in the current State
application.'';
(B) in paragraph (2)(A)--
(i) by redesignating clauses (ii), (iii),
(iv), (v), (vi), (vii), (viii), (ix), (x),
(xi), (xii), and (xiii) as clauses (iii), (v),
(vi), (vii), (ix), (x), (xi), (xii), (xiii),
(xiv), (xv) and (xvi), respectively;
(ii) by inserting after clause (i), the
following:
``(ii) policies and procedures (including
appropriate referrals to child protection
service systems and for other appropriate
services) to address the needs of infants born
and identified with illegal substance abuse or
withdrawal symptoms resulting from prenatal
drug exposure;'';
(iii) in clause (iii) (as so redesignated),
by inserting ``risk and'' before ``safety'';
(iv) by inserting after clause (iii) (as so
redesignated), the following:
``(iv) triage procedures for the referral
of a child not at risk of imminent harm to a
community organization or voluntary preventive
service;'';
(v) in clause (vii)(II) (as so
redesignated), by striking ``, having a need
for such information in order to carry out its
responsibilities under law to protect children
from abuse and neglect'' and inserting ``, as
described in clause (viii)'';
(vi) by inserting after clause (vii) (as so
redesignated), the following:
``(viii) provisions to require disclosures
of confidential information to any Federal,
State, or local government entity, or any agent
of such entity, that has a need for such
information in order to carry out its
responsibilities under law to protect children
from abuse and neglect;'';
(vii) in clause (xii) (as so
redesignated)--
(I) by inserting ``who has received
training appropriate to the role, and''
after ``guardian ad litem,''; and
(II) by inserting ``who has
received training appropriate to that
role'' after ``advocate'';
(viii) in clause (xiv) (as so
redesignated), by striking ``to be effective
not later than 2 years after the date of
enactment of this section'';
(ix) in clause (xv) (as so redesignated)--
(I) by striking ``to be effective
not later than 2 years after the date
of enactment of this section''; and
(II) by striking ``and'' at the
end;
(x) in clause (xvi) (as so redesignated),
by striking ``clause (xii)'' each place that
such appears and inserting ``clause (xv)''; and
(xi) by adding at the end the following:
``(xvii) provisions and procedures to
require that a representative of the child
protective services agency shall, at the
initial time of contact with the individual
subject to a child abuse and neglect
investigation, advise the individual of the
complaints or allegations made against the
individual, in a manner that is consistent with
laws protecting the rights of the informant;
``(xviii) provisions and procedures for
improving the training, retention, and
supervision of caseworkers; and
``(xix) not later than 2 years after the
date of enactment of the Keeping Children and
Families Safe Act of 2002, provisions and
procedures for requiring criminal background
record checks for prospective foster and
adoptive parents and other adult relatives and
non-relatives residing in the household;''; and
(C) in paragraph (2), by adding at the end the
following flush sentence:
``Nothing in subparagraph (A) shall be construed to limit the
State's flexibility to determine State policies relating to
public access to court proceedings to determine child abuse and
neglect.''.
(2) Limitation.--Section 106(b)(3) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is amended
by striking ``With regard to clauses (v) and (vi) of paragraph
(2)(A)'' and inserting ``With regard to clauses (vi) and (vii)
of paragraph (2)(A)''.
(c) Citizen Review Panels.--Section 106(c) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``and procedures''
and inserting ``, procedures, and
practices''; and
(II) by striking ``the agencies''
and inserting ``State and local child
protection system agencies''; and
(ii) in clause (iii)(I), by striking
``State'' and inserting ``State and local'';
and
(B) by adding at the end the following:
``(C) Public outreach.--Each panel shall provide
for public outreach and comment in order to assess the
impact of current procedures and practices upon children and families
in the community and in order to meet its obligations under
subparagraph (A).''; and
(2) in paragraph (6)--
(A) by striking ``public'' and inserting ``State
and the public''; and
(B) by inserting before the period the following:
``and recommendations to improve the child protection
services system at the State and local levels. Not
later than 6 months after the date on which a report is
submitted by the panel to the State, the appropriate
State agency shall submit a written response to the
State and local child protection systems that describes
whether or how the State will incorporate the
recommendations of such panel (where appropriate) to
make measurable progress in improving the State and
local child protective system''.
(d) Annual State Data Reports.--Section 106(d) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding
at the end the following:
``(13) The annual report containing the summary of the
activities of the citizen review panels of the State required
by subsection (c)(6).''.
SEC. 115. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE.
(a) In General.--Section 108 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the
following:
``(d) GAO Study.--Not later than February 1, 2003, the Comptroller
General of the United States shall conduct a survey of a wide range of
State and local child protection service systems to evaluate and submit
to Congress a report concerning--
``(1) the current training (including cross-training in
domestic violence or substance abuse) of child protective
service workers in the outcomes for children and to analyze and
evaluate the effects of caseloads, compensation, and
supervision on staff retention and performance;
``(2) the efficiencies and effectiveness of agencies that
provide cross-training with court personnel; and
``(3) recommendations to strengthen child protective
service effectiveness to improve outcomes for children.
``(e) Sense of Congress.--It is the sense of Congress that the
Secretary should encourage all States and public and private agencies
or organizations that receive assistance under this title to ensure
that children and families with limited English proficiency who
participate in programs under this title are provided materials and
services under such programs in an appropriate language other than
English.
``(f) Annual Report on Certain Programs.--A State that receives
funds under section 106(a) shall annually prepare and submit to the
Secretary a report describing the manner in which funds provided under
this Act, alone or in combination with other Federal funds, were used
to address the purposes and achieve the objectives of section
105(a)(4)(B).''.
(b) Opportunity Passports.--
(1) In general.--Section 105(a)(4) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106(a)(3)) (as so
redesignated) is amended by adding at the end the following:
``(B) Opportunity passports and other assistance.--
``(i) Grants.--The Secretary, in
collaboration with the John H. Chafee Foster
Care Independence Board (under section 477 of
the Social Security Act), may make grants to
eligible partnerships of public agencies or
private nonprofit organizations in not more
than 10 States to assist the partnerships in
developing and implementing methods of
providing long- and short-term financial
security for youth in foster care and youth
aging out of foster care. A partnership shall
be eligible for a grant under this subparagraph
if such partnership has a board of directors
that includes representatives of youth in
foster care and aging out of foster care.
``(ii) Use of funds.--
``(I) In general.--A partnership
that receives a grant under clause (i)
shall use the funds made available
through the grant to carry out 1 or
more of the activities described in
subclauses (II) or (III).
``(II) Opportunity passports.--The
partnership may use the funds to
develop and provide, for youth in
foster care and aging out of foster
care, electronic opportunity passports,
electronic cards or secure Internet
databases that contain medical records,
legal identification (analogous to a
Social Security card or birth
certificate), and school transcripts,
to ensure that the youth can carry or
readily access the vital information.
``(III) Individual development
accounts.--The partnership may use the
funds to establish and provide
individual development accounts, to
assist youth in foster care and aging
out of foster care to obtain
postsecondary education, pay for
housing, pay for medical care, or
operate a business. In establishing and
providing such an account, the
partnership shall provide a small
amount of seed money and shall require
the account holder to attend money
management training and contribute to
the account before receiving access to
the account.
``(iii) Accounts maintained after
adoption.--An account established for an
individual under this subparagraph shall not
terminate as a result of the adoption of the
individual.
``(iv) Other federal assistance.--The
amount of assistance provided to an individual
under this subparagraph may be disregarded for
purposes of determining the individual's
eligibility for, or the amount of, any other
Federal or Federally supported assistance,
except that the total amount of assistance to
an individual under this subparagraph and under
other Federal and Federally supported programs
shall not exceed the total cost of attendance,
as defined in section 472 of the Higher
Education Act of 1965, and except that the
partnership shall take appropriate steps to
prevent duplication of benefits under this and
other Federal or Federally supported programs.
``(v) Privacy.--Information concerning an
individual that is obtained by a partnership in
the implementation of this subparagraph shall
remain private and confidential and shall not
be disclosed without the informed consent of
the individual or otherwise in accordance with
applicable Federal, State, or local laws
relating to medical privacy. An entity that
discloses information in violation of this
clause shall be subject to applicable Federal,
State or local laws relating to the unlawful
disclosure of confidential information.
``(vi) Definition.--In this subparagraph,
the term `youth aging out of foster care' means
children who are--
``(I) leaving foster care because
such children have attained the maximum
age for foster care eligibility in a
State; and
``(II) transitioning to independent
living, as determined by the
Secretary.''.
(2) Funding.--Section 112 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106h) is
amended--
(1) by redesignating subsection (b) as subsection (c);
(2) in subsection (a)(1), by inserting ``(other than
section 105(a)(4)(B))'' after ``title''; and
(3) by inserting after subsection (a) the following:
``(b) Opportunity Passports.--There are authorized to be
appropriated to carry out section 105(a)(4)(B) $10,000,000 for fiscal
year 2003 and such sums as may be necessary for each subsequent fiscal
year. Of the amount appropriated in each such fiscal year, not less
than 75 percent of such amount shall be used as provided for under
clause (ii)(II) of such section.''.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--Section 112(a)(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended to read
as follows:
``(1) General authorization.--There are authorized to be
appropriated to carry out this title $120,000,000 for fiscal
year 2003 and such sums as may be necessary for each of the
fiscal years 2004 through 2007.''.
(b) Demonstration Projects.--Section 112(a)(2)(B) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(2)(B)) is
amended--
(1) by striking ``Secretary make'' and inserting
``Secretary shall make''; and
(2) by striking ``section 106'' and inserting ``section
104''.
Subtitle B--Community-Based Grants for the Prevention of Child Abuse
SEC. 121. PURPOSE AND AUTHORITY.
(a) Purpose.--Section 201(a)(1) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(a)(1)) is amended to read as follows:
``(1) to support community-based efforts to develop,
operate, expand, enhance, and, where appropriate to network,
initiatives aimed at the prevention of child abuse and neglect,
and to support networks of coordinated resources and activities
to better strengthen and support families to reduce the
likelihood of child abuse and neglect; and''.
(b) Authority.--Section 201(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ``Statewide'' and all that follows through the
dash, and inserting ``community-based and prevention-
focused programs and activities designed to prevent
child abuse and neglect (through networks where
appropriate) that are accessible, effective, culturally
appropriate, and build upon existing strengths
that--'';
(B) in subparagraph (F), by striking ``and'' at the
end; and
(C) by striking subparagraph (G) and inserting the
following:
``(G) demonstrate a commitment to meaningful parent
leadership, including among parents of children with
disabilities, parents with disabilities, racial and
ethnic minorities, and members of other
underrepresented or underserved groups; and
``(H) provide referrals to early health and
developmental services;''; and
(2) in paragraph (4)--
(A) by inserting ``through leveraging of funds''
after ``maximizing funding'';
(B) by striking ``a Statewide network of community-
based, prevention-focused'' and inserting ``community-
based and prevention-focused''; and
(C) by striking ``family resource and support
program'' and inserting ``programs and activities
designed to prevent child abuse and neglect (through
networks where appropriate)''.
(c) Technical Amendment to Title Heading.--Title II of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5116) is amended by
striking the heading for such title and inserting the following:
``TITLE II--COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE
AND NEGLECT''.
SEC. 122. ELIGIBILITY.
Section 202 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``a Statewide network of
community-based, prevention-focused'' and
inserting ``community-based and prevention-
focused''; and
(ii) by striking ``family resource and
support programs'' and all that follows through
the semicolon and inserting ``programs and
activities designed to prevent child abuse and
neglect (through networks where appropriate);''
(B) in subparagraph (B), by inserting ``that exists
to strengthen and support families to prevent child
abuse and neglect'' after ``written authority of the
State)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``a network of
community-based family resource and support programs''
and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse
and neglect (through networks where appropriate)'';
(B) in subparagraph (B), by striking ``to the
network'';
(C) in subparagraph (C), by striking ``to the
network''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``Statewide
network of community-based, prevention-focused, family
resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)'';
(B) in subparagraph (B), by striking ``Statewide
network of community-based, prevention-focused, family
resource and support programs'' and inserting
``community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)'';
(C) in subparagraph (C), by striking ``and training
and technical assistance, to the Statewide network of
community-based, prevention-focused, family resource
and support programs'' and inserting ``training,
technical assistance, and evaluation assistance, to
community-based and prevention-focused programs and
activities to prevent child abuse and neglect (through
networks where appropriate)''; and
(D) in subparagraph (D), by inserting ``, parents
with disabilities,'' after ``children with
disabilities''.
SEC. 123. AMOUNT OF GRANT.
Section 203(b)(1)(B) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5116b(b)(1)(B)) is
amended--
(1) by striking ``as the amount leveraged by the State from
private, State, or other non-Federal sources and directed
through the'' and inserting ``as the amount of private, State
or other non-Federal funds leveraged and directed through the
currently designated''; and
(2) by striking ``the lead agency'' and inserting ``the
current lead agency''.
SEC. 124. EXISTING GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5115c) is repealed.
SEC. 125. APPLICATION.
Section 205 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (1), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect (through networks where appropriate)'';
(2) in paragraph (2)--
(A) by striking ``network of community-based,
prevention-focused, family resource and support
programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent
child abuse and neglect (through networks where
appropriate)''; and
(B) by striking ``, including those funded by
programs consolidated under this Act,'';
(3) by striking paragraph (3), and inserting the following:
``(3) a description of the inventory of current unmet needs
and current community-based and prevention-focused programs and
activities to prevent child abuse and neglect, and other family
resource services operating in the State;'';
(4) in paragraph (4), by striking ``State's network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to prevent
child abuse and neglect'';
(5) in paragraph (5), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to prevent
child abuse and neglect'';
(6) in paragraph (7), by striking ``individual community-
based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-
focused programs and activities designed to prevent child abuse
and neglect'';
(7) in paragraph (8), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect'';
(8) in paragraph (9), by striking ``community-based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect'';
(9) in paragraph (10), by inserting ``(where appropriate)''
after ``members'';
(10) in paragraph (11), by striking ``prevention-focused,
family resource and support program'' and inserting
``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect''; and
(11) by redesignating paragraph (13) as paragraph (12).
SEC. 126. LOCAL PROGRAM REQUIREMENTS.
Section 206(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116e(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``prevention-focused, family resource and support programs''
and inserting ``and prevention-focused programs and activities
designed to prevent child abuse and neglect'';
(2) in paragraph (3)(B), by inserting ``voluntary home
visiting and'' after ``including''; and
(3) by striking paragraph (6) and inserting the following:
``(6) participate with other community-based and
prevention-focused programs and activities to prevent child
abuse and neglect in the development, operation and expansion
of networks where appropriate.''.
SEC. 127. PERFORMANCE MEASURES.
Section 207 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116f) is amended--
(1) in paragraph (1), by striking ``a Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities to prevent child
abuse and neglect'';
(2) by striking paragraph (3), and inserting the following:
``(3) shall demonstrate that they will have addressed unmet
needs identified by the inventory and description of current
services required under section 205(3);'';
(3) in paragraph (4),
(A) by inserting ``and parents with disabilities,''
after ``children with disabilities,'';
(B) by striking ``evaluation of'' the first place
it appears and all that follows through ``under this
title'' and inserting ``evaluation of community-based
and prevention-focused programs and activities to
prevent child abuse and neglect, and in the design,
operation and evaluation of the networks of such
community-based and prevention-focused programs'';
(4) in paragraph (5), by striking ``, prevention-focused,
family resource and support programs'' and inserting ``and
prevention-focused programs and activities designed to prevent
child abuse and neglect'';
(5) in paragraph (6), by striking ``Statewide network of
community-based, prevention-focused, family resource and
support programs'' and inserting ``community-based and
prevention-focused programs and activities designed to prevent
child abuse and neglect''; and
(6) in paragraph (8), by striking ``community based,
prevention-focused, family resource and support programs'' and
inserting ``community-based and prevention-focused programs and
activities designed to prevent child abuse and neglect''.
SEC. 128. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY RESOURCE
PROGRAMS.
Section 208(3) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116g(3)) is amended by striking ``Statewide networks of
community-based, prevention-focused, family resource and support
programs'' and inserting ``community-based and prevention-focused
programs and activities designed to prevent child abuse and neglect''.
SEC. 129. DEFINITIONS.
(a) Children With Disabilities.--Section 209(1) of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amended by
striking ``given such term in section 602(a)(2)'' and inserting ``given
the term `child with a disability' in section 602(3)''.
(b) Community-Based and Prevention-Focused Programs and Activities
To Prevent Child Abuse and Neglect.--Section 209 of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5116h) is amended by striking
paragraphs (3) and (4) and inserting the following:
``(3) Community-based and prevention-focused programs and
activities to prevent child abuse and neglect.--The term
`community-based and prevention-focused programs and activities
to prevent child abuse and neglect' includes organizations such
as family resource programs, family support programs, voluntary
home visiting programs, respite care programs, parenting
education, mutual support programs, and other community
programs that provide activities that are designed to prevent
or respond to child abuse and neglect.''.
SEC. 130. AUTHORIZATION OF APPROPRIATIONS.
Section 210 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116i) is amended to read as follows:
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$80,000,000 for fiscal year 2003 and such sums as may be necessary for
each of the fiscal years 2004 through 2007.''.
TITLE II--AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERVICES ACT
Subtitle A--Reauthorization of Grant Programs
SEC. 201. STATE DEMONSTRATION GRANTS.
(a) Underserved Populations.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by striking ``underserved populations,'' and all that follows
and inserting the following: ``underserved populations, as defined in
section 2003 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2);''.
(b) Report.--Section 303(a) of the Family Violence Prevention and
Services Act (42 U.S.C. 10402(a)) is amended by adding at the end the
following:
``(5) Upon completion of the activities funded by a grant under
this title, the State grantee shall submit to the Secretary a report
that contains a description of the activities carried out under
paragraph (2)(B)(i).''.
SEC. 202. SECRETARIAL RESPONSIBILITIES.
Section 305(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10404(a)) is amended--
(1) by striking ``an employee'' and inserting ``1 or more
employees'';
(2) by striking ``of this title.'' and inserting ``of this
title, including carrying out evaluation and monitoring under
this title.''; and
(3) by striking ``The individual'' and inserting ``Any
individual''.
SEC. 203. EVALUATION.
Section 306 of the Family Violence Prevention and Services Act (42
U.S.C. 10405) is amended in the first sentence by striking ``Not later
than two years after the date on which funds are obligated under
section 303(a) for the first time after the date of the enactment of
this title, and every two years thereafter,'' and inserting ``Every 2
years,''.
SEC. 204. INFORMATION AND TECHNICAL ASSISTANCE CENTERS.
Section 308 of the Family Violence Prevention and Services Act (42
U.S.C. 10407) is amended by striking subsection (g).
SEC. 205. GENERAL AUTHORIZATION OF APPROPRIATIONS.
Section 310(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10409(a)) is amended to read as follows:
``(a) In General.--There is authorized to be appropriated to carry
out this title $175,000,000 for each of fiscal years 2003 through
2007.''.
SEC. 206. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS.
(a) Funding.--Section 311(g) of the Family Violence Prevention and
Services Act (42 U.S.C. 10410(g)) is amended to read as follows:
``(g) Funding.--Of the amount appropriated pursuant to the
authorization of appropriations under section 310(a) for a fiscal year,
not less than 10 percent of such amount shall be made available to
award grants under this section.''.
(b) Regulations.--Section 311 of the Family Violence Prevention and
Services Act (42 U.S.C. 10410) is amended by striking subsection (h).
SEC. 207. EVALUATION AND MONITORING.
Section 312 of the Family Violence Prevention and Services Act (42
U.S.C. 10412) is amended by adding at the end the following:
``(c) Of the amount appropriated under section 310(a) for each
fiscal year, not more than 2 percent shall be used by the Secretary for
evaluation, monitoring, and other administrative costs under this
title.''.
SEC. 208. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT.
Section 313 of the Family Violence Prevention and Services Act (42
U.S.C. 10413) is repealed.
SEC. 209. MODEL STATE LEADERSHIP GRANTS.
Section 315 of the Family Violence Prevention and Services Act (42
U.S.C. 10415) is repealed.
SEC. 210. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
(a) Duration.--Section 316(b) of the Family Violence Prevention and
Services Act (42 U.S.C. 10416(b)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), a
grant''; and
(2) by adding at the end the following:
``(2) Extension.--The Secretary may extend the duration of
a grant under this section beyond the period described in
paragraph (1) if, prior to such extension--
``(A) the entity prepares and submits to the
Secretary a report that evaluates the effectiveness of
the use of amounts received under the grant for the
period described in paragraph (1) and contains any
other information the Secretary may prescribe; and
``(B) the report and other appropriate criteria
indicate that the entity is successfully operating the
hotline in accordance with subsection (a).''.
(b) Authorization of Appropriations.--Section 316(f)(1) of the
Family Violence Prevention and Services Act (42 U.S.C. 10416(f)(1)) is
amended to read as follows:
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2003 through 2007.''.
SEC. 211. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
Section 317 of the Family Violence Prevention and Services Act (42
U.S.C. 10417) is repealed.
SEC. 212. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
(a) In General.--Section 318(h) of the Family Violence Prevention
and Services Act (42 U.S.C. 10418(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for each of fiscal
years 2003 through 2007.''.
(b) Regulations.--Section 318 of the Family Violence Prevention and
Services Act (42 U.S.C. 10418) is amended by striking subsection (i).
SEC. 213. TRANSITIONAL HOUSING REAUTHORIZATION.
Section 319(f) of the Family Violence Prevention and Services Act
(42 U.S.C. 10419(f)) is amended to read as follows:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 2003 through 2007.''.
SEC. 214. TECHNICAL AND CONFORMING AMENDMENTS.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended as follows:
(1) In section 302(1) by striking ``demonstrate the
effectiveness of assisting'' and inserting ``assist''.
(2) In section 303(a)--
(A) in paragraph (2)--
(i) in subparagraph (C), by striking
``State domestic violence coalitions
knowledgeable individuals and interested
organizations'' and inserting ``State domestic
violence coalitions, knowledgeable individuals,
and interested organizations''; and
(ii) in subparagraph (F), by adding ``and''
at the end; and
(B) by aligning the margins of paragraph (4) with
the margins of paragraph (3).
(3) In section 305(b)(2)(A) by striking ``provide for
research, and into'' and inserting ``provide for research
into''.
(4) In section 311(a)--
(A) in paragraph (2)(K), by striking ``other
criminal justice professionals,;'' and inserting
``other criminal justice professionals;'' and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``family law judges,,'' and
inserting ``family law judges,'';
(ii) in subparagraph (D), by inserting ``,
criminal court judges,'' after ``family law
judges''; and
(iii) in subparagraph (H), by striking
``supervised visitations that do not endanger
victims and their children'' and inserting
``supervised visitations or denial of
visitation to protect against danger to victims
or their children''.
Subtitle B--National Domestic Violence Hotline
SEC. 221. NATIONAL DOMESTIC VIOLENCE HOTLINE ENHANCEMENT.
The Family Violence Prevention and Services Act, as amended by
section 211, is further amended by inserting after section 316 (42
U.S.C. 10416) the following:
``SEC. 317. NATIONAL DOMESTIC VIOLENCE HOTLINE ENHANCEMENT.
``(a) Purposes.--The purposes of this section are as follows:
``(1)(A) To provide a grant to develop a fully secure,
continuously updated network of available domestic violence
shelters and services across the United States.
``(B) To make the network available to entities consisting
of the entity providing the National Domestic Violence Hotline,
shelters nationwide, State and local domestic violence
agencies, and other domestic violence organizations, to enable
such entities to connect a victim of domestic violence to the
most safe, appropriate, and convenient shelter, while the
victim remains on the telephone line, or in the most efficient
way possible.
``(2) To ensure that domestic violence victims get the help
the victims need in a single phone call.
``(b) Grants Authorized.--The Secretary shall award a grant to a
nonprofit organization to establish and operate, after consultation and
collaboration with appropriate officials of the Department of Health
and Human Services, an Internet website (referred to in this section as
the `Website') that shall--
``(1) link, to the greatest extent possible, entities
consisting of the entity providing the National Domestic
Violence Hotline, every domestic violence shelter in the United
States, State and local domestic violence agencies, and other
domestic violence organizations so that such entities will be
able to connect a victim of domestic violence to the most safe,
appropriate, and convenient domestic violence shelter, while
the victim remains on the telephone line, or in the most
efficient way possible;
``(2) be highly secure; and
``(3) contain continuously updated information as to
available services and space in domestic violence shelters
across the United States, to the maximum extent practicable.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require. The application shall--
``(1) demonstrate the experience of the applicant in
successfully developing and managing a technology-based network
of domestic violence shelters;
``(2) demonstrate a record of success of the applicant in
meeting the needs of domestic violence victims and their
families; and
``(3) include a certification that the applicant will--
``(A) implement the highest level security system
to ensure the confidentiality of the Website;
``(B) establish, within 5 years, a Website that
links the entities described in subsection (b)(1);
``(C) consult with the entities described in
subsection (b)(1) in developing and implementing the
Website and providing Internet connections; and
``(D) otherwise comply with the requirements of
this section.
``(d) Use of Grant Award.--The recipient of a grant award under
this section shall--
``(1) collaborate with officials of the Department of
Health and Human Services in a manner determined to be
appropriate by the Secretary;
``(2) collaborate with the entity providing the National
Domestic Violence Hotline in developing and implementing the
network;
``(3) ensure that the Website is continuously updated;
``(4) ensure that the Website provides information
describing the services of each domestic violence shelter to
which the Website is linked, including information for
individuals with limited English proficiency and information
concerning access to medical care, social services,
transportation, services for children, and other relevant
services;
``(5) ensure that the Website provides up-to-the-minute
information on available bed space in domestic violence
shelters across the United States, to the maximum extent
practicable;
``(6) provide training to the staff of the Hotline and to
staff of the entities described in subsection (b)(1) regarding
how to use the Website to best meet the needs of callers;
``(7) provide Internet access to domestic violence shelters
in the United States that do not have the appropriate
technology for such access, to the maximum extent practicable;
and
``(8) ensure that after the third year of the Website
project, the recipient will develop a plan to expand the
sources of funding for the Website to include funding from
public and private entities, although nothing in this paragraph
shall preclude a grant recipient under this section from
raising funds from other sources at any time during the 5-year
grant period.
``(e) Rule of Construction.--Nothing in this Act shall be construed
to require any shelter or service provider, whether public or private,
to be linked to the website or to provide information to the entity
receiving the grant or to the website.
``(f) Duration of Grant.--The term of a grant awarded under this
section shall be 5 years.
``(g) Evaluation.--The Secretary shall annually--
``(1) conduct an evaluation of the grant program carried
out under this section in a manner that shall be designed to
derive information on--
``(A) the confidentiality of the Website;
``(B) the progress of the grant recipient in
linking the entities described in subsection (b)(1) to
the network described in subsection (c)(1);
``(C) the number of individuals served by the
Website;
``(D) any decrease in the number of phone calls
necessary to find shelter space for victims of domestic
violence; and
``(E) other matters that the Secretary determines
to be appropriate to ensure that the grant recipient is
achieving the purposes of this section; and
``(2) submit to Congress a report on the results of that
evaluation.
``(h) Oversight.--The Secretary shall have access to, monitor, and
help ensure the security of the Website.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $5,000,000 for fiscal year 2003; and
``(B) such sums as may be necessary for each of
fiscal years 2004 through 2007.
``(2) Administrative costs.--Of the amount made available
to carry out this section for each fiscal year the Secretary
may use not more than 2 percent for administrative costs
associated with the grant program carried out under this
section, of which not more than 5 percent shall be used to
assist the entity providing the National Domestic Violence
Hotline to participate in the establishment of the Website.''.
Subtitle C--Children Exposed to Domestic Violence Program
SEC. 231. PURPOSE.
It is the purpose of this subtitle to reduce the impact of exposure
to domestic violence in the lives of children and youth.
SEC. 232. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following:
``SEC. 320. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.
``(a) Grants Authorized.--The Secretary may award grants on a
competitive basis to eligible entities for the purposes and in the
manner described in paragraphs (1), (2), and (3) of section (d) for the
benefit of children exposed to domestic violence.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall, as part of the application of the entity
submitted under paragraph (1), (2), or (3) of subsection (d), describe
the policies and procedures that entity has or will adopt to--
``(1) enhance or ensure the safety and security of a
battered parent and, as a result, the child involved;
``(2) ensure that all services under this section are
provided in a developmentally, linguistically, and culturally
competent manner; and
``(3) ensure the confidentiality of child and adult victims
of domestic violence in a manner that is consistent with
applicable Federal and State law, including exempting domestic
violence victim service providers from requirements to share
confidential information about families receiving services
except as required by law or with the informed, written consent
of the adult victim being served.
``(c) Grant Awards and Distribution.--
``(1) Grant awards.--The Secretary shall award grants under
this section--
``(A) for periods of not more than 3 fiscal years;
and
``(B) in amounts that are not less than $50,000 per
fiscal year and not more than $300,000 per fiscal year.
``(2) Distribution.--In awarding grants under this section,
the Secretary shall--
``(A) ensure a reasonable geographical distribution
among grantees in rural, urban, and suburban areas
throughout the United States; and
``(B) consider the needs of underserved
populations, as defined in section 2003 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-2).
``(d) Use of Funds.--
``(1) Direct services for children exposed to domestic
violence.--
``(A) In general.--An entity shall use amounts
provided under a grant awarded for purposes of this
paragraph to design or replicate, and implement, a
program or provide services (in accordance with
subparagraph (B)) using domestic violence intervention
models to respond to the needs of children who--
``(i) are exposed to domestic violence; and
``(ii) have a parent or caregiver who is a
victim of domestic violence and who is
receiving services from such entity.
``(B) Program or services.--The program or services
described in subparagraph (A)--
``(i) shall be a new program or new
services, or a new component (that is not
offered by the entity on the date on which the
entity submitted an application for the grant)
of an existing program or services;
``(ii) shall provide direct counseling or
appropriate services or advocacy for children
who have been exposed to domestic violence;
``(iii) may include early childhood and
mental health services;
``(iv) may provide services to assist in
legal advocacy efforts on behalf of children
with respect to issues related directly to
services the children are receiving from the
program or services described in subparagraph
(A);
``(v) may include respite care, supervised
visitation, and specialized services for
children; and
``(vi) may provide additional services and
resources for children including child care,
transportation, educational support, respite care, supervised
visitation, and access to specialized services for children, so long as
the grantee does not use more than 25 percent of the amounts made
available through the grant to enter into a contract with another
organization to provide such additional services and resources.
``(C) Grantee requirements.--
``(i) Application.--With respect to grants
for the use of funds under this paragraph, an
eligible entity (as described in clause (ii)
and subsection (b)) shall prepare and submit to
the Secretary an application at such time, in
such manner, and containing such information as
the Secretary may require, including a
description of the intended uses of the grant
funds consistent with subparagraphs (A) and
(B).
``(ii) Eligibility.--To be eligible to
receive a grant for the use of funds under this
paragraph, an entity shall meet the
requirements of section 303(a)(2)(A) or section
303(b)(1). Eligible entities may enter into
partnerships with other agencies,
organizations, or tribal entities to enhance
the capacity of such entities to deliver
effective services to children exposed to
domestic violence.
``(2) Grants for training and collaboration among child
welfare agencies, domestic violence victim service providers,
courts, law enforcement, and other entities.--
``(A) In general.--An entity shall use amounts
provided under a grant awarded for purposes of this
paragraph to carry out a program or provide services to
develop collaborative responses and provide cross-
training to enhance community responses to cases where
child abuse and neglect and domestic violence
intersect.
``(B) Program or services.--The program or services
described in subparagraph (A) shall--
``(i) encourage cross training, education,
and collaboration among child welfare agencies,
domestic violence victim service providers, and
(as applicable) courts (including family,
criminal, juvenile courts, or tribal courts),
law enforcement agencies, and other entities,
to identify, assess, and respond appropriately
to--
``(I) domestic violence in homes
where children are present and may be
exposed to the violence;
``(II) domestic violence in child
protection cases; and
``(III) the needs of both child and
adult victims of such violence;
``(ii) establish and implement policies,
procedures, programs, and practices for child
welfare agencies, domestic violence victim
service providers, and (as applicable) courts
(including family, criminal, juvenile, or
tribal courts), law enforcement agencies, and
other entities, that are consistent with the
principles of protecting and increasing the
safety and well being of children by--
``(I) tending to their immediate
and longer term needs for treatment and
support;
``(II) increasing the safety,
autonomy, capacity, and financial
security of non-abusing parents,
including developing service plans that
provide resources and support to non-abusing parents;
``(III) protecting the safety,
security, and well-being of children by
preventing their unnecessary removal
from a non-abusing parent, or, in cases
where removal of the child is necessary
to protect the child's safety, taking
the necessary steps to provide
appropriate services to the child and
the non-abusing parent to promote the
safe and appropriately prompt
reunification of the child with the
non-abusing parent;
``(IV) recognizing the relationship
between child abuse or neglect
(including child sexual abuse) and
domestic violence in a family, as well
as the impact of and danger posed by
the perpetrators' behavior on both
child and adult victims; and
``(V) holding adult perpetrators of
domestic violence, not child and adult
victims of abuse or neglect,
accountable for stopping the
perpetrators' abusive behaviors;
``(iii) increase cooperation and enhance
linkages between child welfare agencies,
domestic violence victim service providers, and
(as applicable) courts (including family,
criminal, juvenile courts, or tribal courts),
law enforcement agencies, and other entities to
provide more comprehensive community-based
services (including health, mental health,
social service, housing, and neighborhood
resources) to protect and to serve both child
and adult victims;
``(iv) identify, assess, and respond
appropriately to domestic violence in child
protection cases; and
``(v) provide appropriate referrals to
community-based programs and resources, such as
health and mental health services, shelter and
housing assistance for adult victims and their
children, legal assistance and advocacy for
adult victims, assistance for parents to help
their children cope with the impact of exposure
to domestic violence, appropriate intervention
and treatment for adult perpetrators of
domestic violence whose children are the
subjects of child protection cases, and other
necessary supportive services.
``(C) Grantee requirements.--
``(i) Application.--With respect to grants
for the use of funds under this paragraph, an
eligible entity (as described in clause (ii)
and subsection (b)) shall prepare and submit to
the Secretary an application at such time, in
such manner, and containing such information as
the Secretary may require, including--
``(I) a description of the intended
uses of the grant funds consistent with
subparagraphs (A) and (B);
``(II) an outline and description
of how training and other activities
will be undertaken through the grant to
promote collaboration;
``(III) an identification of the
members of the partnership that will be
responsible for carrying out the
initiatives for which the partnership
seeks the grant (including a
description of roles of subcontractors
and documentation of appropriate
compensation of all partners, where
relevant);
``(IV) documentation of any history
of collaboration between child welfare
agencies, domestic violence victim
service providers, and (as applicable)
courts (including family, criminal,
juvenile courts, or tribal courts), law
enforcement agencies, and other
entities that have been involved in the
development of the application; and
``(V) assurances that training and
other activities described in
subparagraph (B) will be provided to
all levels of staff, will address
appropriate practices for
investigation, follow-up, screening,
intake, assessment, and will provide
services addressing the safety needs of
child and adult victims in cases where
child abuse and neglect and domestic
violence intersect.
``(ii) Eligibility.--To be eligible to
receive a grant for the use of funds under this
paragraph, an entity shall be a partnership
that--
``(I) shall include a State child
welfare agency, a tribal organization
that serves as a child welfare agency,
or a local child welfare agency;
``(II) shall include a domestic
violence victim service provider, such
as a domestic violence victim service
program, tribal domestic violence
victim service program, or coalition or
other private nonprofit organization
carrying out a community-based domestic
violence program that has a documented
history of effective work concerning
domestic violence and the impact that
exposure to domestic violence has on
children;
``(III) may include a State,
tribal, or local court (including
family, criminal, juvenile or tribal
courts);
``(IV) may include a State or local
law enforcement agency with
responsibility for responding to
reports of domestic violence and child
abuse and neglect; and
``(V) may include any other such
agencies or private nonprofit
organizations with the capacity to
provide effective help to the child and
adult victims served by the
partnership.
``(D) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to
partnerships that include State or local courts
(including family, criminal, juvenile, or tribal
courts) and law enforcement agencies.
``(3) Multisystem interventions for children exposed to
domestic violence.--
``(A) In general.--An entity shall use amounts
provided under a grant awarded for purposes of this
paragraph to carry out a program or provide services to
develop and implement multisystem intervention models
to respond to the needs of children exposed to domestic
violence.
``(B) Programs or services.--The programs or
services described in subparagraph (A) shall--
``(i) design and implement protocols and
systems to identify and appropriately respond
to the needs of children exposed to domestic
violence who are participating in programs
administered by the grantee;
``(ii) establish guidelines to evaluate the
mental health needs of the children and make
appropriate intervention recommendations;
``(iii) include the development or
replication of an effective mental health
treatment model to meet the needs of children
for whom such treatment has been identified as
appropriate;
``(iv) establish institutionalized
procedures to enhance or ensure the safety and
security of adult victims of domestic violence
and, as a result, their children;
``(v) provide direct counseling or
appropriate services or advocacy for adult
victims of domestic violence and their children
who have been exposed to domestic violence;
``(vi) establish or implement policies and
protocols for maintaining the safety and
confidentiality of the adult victims and their children;
``(vii) provide community outreach and
training to enhance the capacity of
professionals who work with children to
appropriately identify and respond to the
mental health needs of children who have been
exposed to domestic violence;
``(viii) establish procedures for
documenting interventions used for each child
and family;
``(ix) establish plans to perform a
systematic outcome evaluation to evaluate the
effectiveness of the interventions;
``(x) ensure that all services are provided
in a culturally competent manner; and
``(xi) provide appropriate remuneration to
entities described in paragraph (2)(A) who
participate in the partnership.
``(C) Grantee requirements.--
``(i) Application.--With respect to grants
for the use of funds under this paragraph, an
eligible entity (as described in clause (ii)
and subsection (b)) shall prepare and submit to
the Secretary an application at such time, in
such manner, and containing such information as
the Secretary may require, including--
``(I) a description of the intended
uses of the grant funds consistent with
subparagraphs (A) and (B);
``(II) an outline of how
multisystem interventions will be
designed and implemented by the
applicant, including submitting signed
memoranda of understanding executed by
the any partners of the applicant,
describing the roles of each
participating entity and the amount of
remuneration each participating entity
will receive;
``(III) a demonstration, to ensure
that children of all ages utilizing
services provided under the grant will
have access to appropriate mental
health services, of--
``(aa) the applicant's
recognized history of providing
advocacy, health care, child
mental health, or crisis
services for children in
domestic violence cases; or
``(bb) the applicant's
partnerships with providers
having expertise in child
mental health services; and
``(IV) a memorandum of
understanding with the appropriate
State or tribal coalition against
domestic violence, to ensure
coordination of and dissemination of
information about activities to be
carried out under the grant.
``(ii) Eligibility.--To be eligible to
receive a grant for the use of funds under this
paragraph, an entity shall be a collaborative
partnership that includes--
``(I) a local private nonprofit
organization that--
``(aa) carry out a domestic
violence victim service program
that provides shelter or
related assistance; or
``(bb) has expertise in the
field of providing services to
victims of domestic violence
and an understanding of the
effects of exposure to domestic
violence on children; and
``(II) other partners, such as
courts (including family, criminal,
juvenile, or tribal courts), schools,
social service providers, health care
providers, law enforcement, early
childhood agencies, entities carrying
out Head Start programs under the Head
Start Act (42 U.S.C.9831 et seq.), or
entities carrying out child protection,
financial assistance, job training,
housing, or children's mental health
programs.
``(e) Annual Reports.--An entity receiving a grant under this
section shall report to the Secretary annually, at a minimum--
``(1) what services and, where appropriate, what
collaborative efforts were provided with funds under this
section;
``(2) the extent to which underserved populations were
served with funds received under this section; and
``(3) how children exposed to domestic violence and, where
appropriate, adult victims of domestic violence benefited from
such the activities conducted under the grant.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section, $20,000,000 for each of fiscal years
2003 through 2007. Amounts appropriated under this subsection
shall remain available until expended.
``(2) Allocation of amounts.--Of the amount appropriated to
carry out this section for each fiscal year, the Secretary
shall--
``(A) make available not less than 33 percent of
such amount for each of the programs described in
subsection (d)(1);
``(B) make available not more than 3 percent of
such amount for evaluation, monitoring, and other
administrative costs associated with conducting
activities under this section; and
``(C) make available not less than 10 percent of
such amount for Indian tribes.''.
TITLE III--ADOPTION OPPORTUNITIES
SEC. 301. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.
Section 201 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1) through (4) and
inserting the following:
``(1) the number of children in substitute care has
increased by nearly 24 percent since 1994, as our Nation's
foster care population included more than 565,000 as of
September of 2001;
``(2) children entering foster care have complex problems
that require intensive services, with many such children having
special needs because they are born to mothers who did not
receive prenatal care, are born with life threatening
conditions or disabilities, are born addicted to alcohol or
other drugs, or have been exposed to infection with the
etiologic agent for the human immunodeficiency virus;
``(3) each year, thousands of children are in need of
placement in permanent, adoptive homes;'';
(B) by striking paragraph (6);
(C) by striking paragraph (7)(A) and inserting the
following:
``(7)(A) currently, there are 131,000 children waiting for
adoption;''; and
(D) by redesignating paragraphs (5), (7), (8), (9),
and (10) as paragraphs (4), (5), (6), (7), and (8)
respectively; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``, including geographic barriers,'' after
``barriers''; and
(B) in paragraph (2), by striking ``a national''
and inserting ``an Internet-based national''.
SEC. 302. INFORMATION AND SERVICES.
Section 203 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 203. INFORMATION AND SERVICES.'';
(2) by striking ``Sec. 203. (a) The Secretary'' and
inserting the following:
``(a) In General.--The Secretary'';
(3) in subsection (b)--
(A) by inserting ``Required Activities.--'' after
``(b)'';
(B) in paragraph (1), by striking ``nonprofit''
each place that such appears;
(C) in paragraph (2), by striking ``nonprofit'';
(D) in paragraph (3), by striking ``nonprofit'';
(E) in paragraph (4), by striking ``nonprofit'';
(F) in paragraph (6), by striking ``study the
nature, scope, and effects of'' and insert ``support'';
(G) in paragraph (7), by striking ``nonprofit'';
(H) in paragraph (9)--
(i) by striking ``nonprofit''; and
(ii) by striking ``and'' at the end;
(I) in paragraph (10)--
(i) by striking ``nonprofit''; each place
that such appears; and
(ii) by striking the period at the end and
inserting ``; and''; and
(J) by adding at the end the following:
``(11) provide (directly or by grant to or contract with
States, local government entities, or public or private
licensed child welfare or adoption agencies) for the
implementation of programs that are intended to increase the
number of older children (who are in foster care and with the
goal of adoption) placed in adoptive families, with a special
emphasis on child-specific recruitment strategies, including--
``(A) outreach, public education, or media
campaigns to inform the public of the needs and numbers
of older youth available for adoption;
``(B) training of personnel in the special needs of
older youth and the successful strategies of child-
focused, child-specific recruitment efforts; and
``(C) recruitment of prospective families for such
children.'';
(4) in subsection (c)--
(A) by striking ``(c)(1) The Secretary'' and
inserting the following:
``(c) Services for Families Adopting Special Needs Children.--
``(1) In general.--The Secretary'';
(B) by striking ``(2) Services'' and inserting the
following:
``(2) Services.--Services''; and
(C) in paragraph (2)--
(i) by realigning the margins of
subparagraphs (A) through (G) accordingly;
(ii) in subparagraph (F), by striking
``and'' at the end;
(iii) in subparagraph (G), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following:
``(H) day treatment; and
``(I) respite care.''; and
(D) by striking ``nonprofit''; each place that such
appears;
(5) in subsection (d)--
(A) by striking ``(d)(1) The Secretary'' and
inserting the following:
``(d) Improving Placement Rate of Children in Foster Care.--
``(1) In general.--The Secretary'';
(B) by striking ``(2)(A) Each State'' and inserting
the following:
``(2) Applications; technical and other assistance.--
``(A) Applications.--Each State'';
(C) by striking ``(B) The Secretary'' and inserting
the following:
``(B) Technical and other assistance.--The
Secretary'';
(D) in paragraph (2)(B)--
(i) by realigning the margins of clauses
(i) and (ii) accordingly; and
(ii) by striking ``nonprofit'';
(E) by striking ``(3)(A) Payments'' and inserting
the following:
``(3) Payments.--
``(A) In general.--Payments''; and
(F) by striking ``(B) Any payment'' and inserting
the following:
``(B) Reversion of unused funds.--Any payment'';
and
(6) by adding at the end the following:
``(e) Elimination of Barriers to Adoptions Across Jurisdictional
Boundaries.--
``(1) In general.--The Secretary shall award grants to, or
enter into contracts with, States, local government entities,
public or private child welfare or adoption agencies, adoption
exchanges, or adoption family groups to carry out initiatives
to improve efforts to eliminate barriers to placing children
for adoption across jurisdictional boundaries.
``(2) Services to supplement not supplant.--Services
provided under grants made under this subsection shall
supplement, not supplant, services provided using any other
funds made available for the same general purposes including--
``(A) developing a uniform homestudy standard and
protocol for acceptance of homestudies between States
and jurisdictions;
``(B) developing models of financing cross-
jurisdictional placements;
``(C) expanding the capacity of all adoption
exchanges to serve increasing numbers of children;
``(D) developing training materials and training
social workers on preparing and moving children across
State lines; and
``(E) developing and supporting initiative models
for networking among agencies, adoption exchanges, and
parent support groups across jurisdictional
boundaries.''.
SEC. 303. STUDY OF ADOPTION PLACEMENTS.
Section 204 of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5114) is amended--
(1) by striking ``of this Act'' and inserting ``of the
Keeping Children and Families Safe Act of 2002'';
(2) by striking ``to determine the nature'' and inserting
``to determine--
``(1) the nature'';
(3) by striking ``not licensed'' and all that follows
through the period and inserting ``for profit;''; and
(4) by adding at the end the following:
``(2) how interstate placements are being financed across
State lines;
``(3) recommendations on best practice models for both
interstate and intrastate adoptions; and
``(4) how State policies in defining special needs children
differentiate or group similar categories of children.''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 205(a) of the Child Abuse Prevention and Treatment and
Adoption Reform Act of 1978 (42 U.S.C. 5115(a)) is amended to read as
follows:
``There are authorized to be appropriated $40,000,000 for fiscal
year 2003 and such sums as may be necessary for fiscal years 2004
through 2007 to carry out programs and activities authorized under this
subtitle.''.
SEC. 305. ADOPTION ACTION PLAN.
(a) Findings.--Congress finds that--
(1) the Adoption and Safe Families Act of 1997 mandated
that ``the State shall not delay or deny the placement of a
child for adoption when an approved family is available outside
of the jurisdiction with responsibility for handling the case
of the child'';
(2)(A) the policy and legal focus on expanding the pool of
adoptive families for waiting children in foster care, as
expressed by the Adoption and Safe Families Act of 1997, has
brought attention to the need to improve interjurisdictional
practice whether across State or county lines; and
(B) case workers, agency administrators, and State policy
makers in many cases have resisted the use of
interjurisdictional placements for children in their caseloads,
citing practice, policy, legal, bureaucratic, and fiscal
concerns;
(3) the National Conference of State Legislators has noted
that among the many challenges `interstate adoptions of special
needs children has been complicated by a lack of familiarity
with the Interstate Compact on the Placement of Children on the
part of caseworkers and judges, the absence of a standard
protocol for pre-placement home studies, delays in the
Interstate Compact on the Placement of Children process, and
similar issues'; and
(4) in its November 1999 report to Congress, the General
Accounting Office found that public child welfare agencies have
done little to improve the interjurisdictional adoption
process.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services in consultation
with the General Accounting Office shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Education and Workforce of the House of Representatives a report
that contains recommendations for an action plan to facilitate the
interjurisdictional adoption of foster children.
TITLE IV--ABANDONED INFANTS ASSISTANCE
SEC. 401. FINDINGS.
Section 2 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking paragraph (1);
(2) in paragraph (2)--
(A) by inserting ``studies indicate that a number
of factors contribute to'' before ``the inability of'';
(B) by inserting ``some'' after ``inability of'';
(C) by striking ``who abuse drugs''; and
(D) by striking ``care for such infants'' and
inserting ``care for their infants'';
(3) by amending paragraph (5) to read as follows:
``(5) appropriate training is needed for personnel working
with infants and young children with life-threatening
conditions and other special needs, including those who are
infected with the human immunodeficiency virus (commonly known
as `HIV'), those who have acquired immune deficiency syndrome
(commonly know as `AIDS'), and those who have been exposed to
dangerous drugs;'';
(4) by striking paragraphs (6) and (7);
(5) in paragraph (8), by inserting ``by parents abusing
drugs,'' after ``deficiency syndrome,'';
(6) in paragraph (9), by striking ``comprehensive
services'' and all that follows through the semicolon at the
end and inserting ``comprehensive support services for such
infants and young children and their families and services to
prevent the abandonment of such infants and young children,
including foster care services, case management services,
family support services, respite and crisis intervention
services, counseling services, and group residential home
services; and'';
(7) by redesignating paragraphs (2), (3), (4), (5), (8),
(9), (10), and (11) as paragraphs (1) through (8),
respectively; and
(8) by adding at the end the following:
``(9) Private, Federal, State, and local resources should
be coordinated to establish and maintain such services and to
ensure the optimal use of all such resources.''.
SEC. 402. ESTABLISHMENT OF LOCAL PROGRAMS.
Section 101 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 101. ESTABLISHMENT OF LOCAL PROGRAMS.'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Priority in Provision of Services.--The Secretary may not
make a grant under subsection (a) unless the applicant for the grant
agrees to give priority to abandoned infants and young children who--
``(1) are infected with, or have been perinatally exposed
to, the human immunodeficiency virus, or have a life-
threatening illness or other special medical need; or
``(2) have been perinatally exposed to a dangerous drug.''.
SEC. 403. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
Section 102 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
``SEC. 102. EVALUATIONS, STUDY, AND REPORTS BY SECRETARY.
``(a) Evaluations of Local Programs.--The Secretary shall, directly
or through contracts with public and nonprofit private entities,
provide for evaluations of projects carried out under section 101 and
for the dissemination of information developed as a result of such
projects.
``(b) Study and Report on Number of Abandoned Infants and Young
Children.--
``(1) In general.--The Secretary shall conduct a study for
the purpose of determining--
``(A) an estimate of the annual number of infants
and young children relinquished, abandoned, or found
deceased in the United States and the number of such
infants and young children who are infants and young
children described in section 223(b);
``(B) an estimate of the annual number of infants
and young children who are victims of homicide;
``(C) characteristics and demographics of parents
who have abandoned an infant within 1 year of the
infant's birth; and
``(D) an estimate of the annual costs incurred by
the Federal Government and by State and local
governments in providing housing and care for abandoned
infants and young children.
``(2) Deadline.--Not later than 36 months after the date of
the enactment of the Keeping Children and Families Safe Act of
2002, the Secretary shall complete the study required under
paragraph (1) and submit to the Congress a report describing
the findings made as a result of the study.
``(c) Evaluation.--The Secretary shall evaluate and report on
effective methods of intervening before the abandonment of an infant or
young child so as to prevent such abandonments, and effective methods
for responding to the needs of abandoned infants and young children.''.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
Section 104 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Authorization.--For the purpose of carrying out this
Act, there are authorized to be appropriated $45,000,000 for
fiscal year 2003 and such sums as may be necessary for fiscal
years 2004 through 2007.
``(2) Limitation.--Not more than 5 percent of the amounts
appropriated under paragraph (1) for any fiscal year may be
obligated for carrying out section 224(a).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1), by inserting
``Authorization.--'' after ``(1)''; and
(B) in paragraph (2)--
(i) by inserting ``Limitation.--'' after
``(2)''; and
(ii) by striking ``fiscal year 1991.'' and
inserting ``fiscal year 2002.''; and
(4) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 405. DEFINITIONS
Section 103 of the Abandoned Infants Assistance Act of 1988 (42
U.S.C. 670 note) is amended to read as follows:
``SEC. 103. DEFINITIONS.
``For purposes of this Act:
``(1) The terms `abandoned' and `abandonment', with respect
to infants and young children, mean that the infants and young
children are medically cleared for discharge from acute-care
hospital settings, but remain hospitalized because of a lack of
appropriate out-of-hospital placement alternatives.
``(2) The term `acquired immune deficiency syndrome'
includes infection with the etiologic agent for such syndrome,
any condition indicating that an individual is infected with
such etiologic agent, and any condition arising from such
etiologic agent.
``(3) The term `dangerous drug' means a controlled
substance, as defined in section 102 of the Controlled
Substances Act.
``(4) The term `natural family' shall be broadly
interpreted to include natural parents, grandparents, family
members, guardians, children residing in the household, and
individuals residing in the household on a continuing basis who
are in a care-giving situation with respect to infants and
young children covered under this subtitle.
``(5) The term `Secretary' means the Secretary of Health
and Human Services.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9123-9125)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S9125-9134)
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Health, Education, Labor, and Pensions. Reported by Senator Kennedy with amendments. With written report No. 107-292.
Committee on Health, Education, Labor, and Pensions. Reported by Senator Kennedy with amendments. With written report No. 107-292.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 622.
Sponsor introductory remarks on measure. (CR S10635-10636)
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