Speak Up to Protect Every Abused Kid Act
This bill establishes and modifies certain requirements related to mandatory reporting of suspected and known incidents of child abuse. Specifically, the bill requires the Department of Health and Human Services to provide grants for campaigns to educate the public and for training about (1) state child abuse or neglect laws, and (2) the responsibility to report suspected incidents of such abuse or neglect.
Further, for a state to be eligible for various grants supporting child abuse or neglect treatment and prevention programs, the state must provide assurances that it has mandatory reporting requirements in place for specified individuals who provide services involving children (e.g., health care providers, school personnel, child care employees, and volunteers). States must (1) provide training to these individuals about reporting abuse, and (2) evaluate the effectiveness of the state's reporting requirements.
The bill also revises reporting requirements for child abuse or neglect treatment and prevention grants to include data about changes in the rates of child abuse reporting and child abuse fatalities.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2567 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2567
To amend the Child Abuse Prevention and Treatment Act to require
mandatory reporting of incidents of child abuse or neglect, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2019
Ms. Wild (for herself, Ms. Ocasio-Cortez, Ms. Dean, Ms. Fudge, and Ms.
Kuster of New Hampshire) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Child Abuse Prevention and Treatment Act to require
mandatory reporting of incidents of child abuse or neglect, 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.
This Act may be cited as the ``Speak Up to Protect Every Abused Kid
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) children are dependent on the adults in their lives,
including parents, extended family, teachers, health care
providers, and others in their community, to ensure their
safety and well-being;
(2) data from the Administration on Children and Families
for 2016 indicate that 671,622 children in the United States
were reported as being victims of child abuse or neglect, and
1,447 of those children died as a result of such abuse or
neglect;
(3) regardless of whether an adult is legally required to
report child abuse and neglect, every adult who suspects or
knows about child abuse or neglect has a moral duty to report
such concerns to the appropriate authorities; and
(4) establishing a Federal standard for the classes of
individuals that State law establishes as mandated reporters
will protect children and ensure greater consistency among the
laws of States, while allowing States the flexibility to
establish additional classes of individuals as mandated
reporters.
SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.
The Child Abuse Prevention and Treatment Act is amended by
inserting after section 103 (42 U.S.C. 5104) the following:
``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.
``(a) In General.--The Secretary shall make grants to eligible
entities to carry out educational campaigns and provide evidence-based
or evidence-informed training regarding State laws for mandatory
reporting of incidents of child abuse or neglect.
``(b) Guidance and Information on Best Practices.--The Secretary
shall develop and disseminate guidance and information on best
practices for--
``(1) educational campaigns to educate members of the
public about--
``(A) the acts and omissions that constitute child
abuse or neglect under State law;
``(B) the responsibilities of adults to report
suspected and known incidents of child abuse or neglect
under State law; and
``(C) the resources available to struggling
families to help prevent child abuse and neglect; and
``(2) evidence-based or evidence-informed training programs
to improve such reporting by adults, with a focus on adults who
work with children in a professional or volunteer capacity.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. In determining whether to make a grant under this section,
the Secretary shall determine whether the educational campaign or
training proposed by the entity uses practices described in the
guidance and information developed under subsection (b).
``(d) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant to carry
out an educational campaign, or provide training, described in
subsection (b).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2020
and $10,000,000 for each of fiscal years 2021 through 2024.''.
SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
Section 106(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``(B) an
assurance'' and all that follows through the end of
clause (i), and inserting the following:
``(B) an assurance in the form of a certification
by the Governor of the State that the State has in
effect and is enforcing a State law, or has in effect
and is operating a statewide program, relating to child
abuse and neglect that includes--
``(i) provisions or procedures for an
individual described in paragraph (5) to report
suspected or known incidents of child abuse or
neglect to a State child protective service
agency or to a law enforcement agency, which
shall include a State law for mandatory
reporting of such incidents, to either type of
agency, by any individual described in
paragraph (5), in accordance with paragraph
(6);'';
(B) in subparagraph (F), by striking ``; and'' and
inserting ``;'';
(C) in subparagraph (G), by striking the period at
the end and inserting ``;''; and
(D) by inserting after subparagraph (G) the
following:
``(H) an assurance that the State, in developing
the State plan described in paragraph (1), has
established procedures to ensure coordination between
the State law or statewide program described in
subparagraph (B) and relevant law enforcement and State
or community-based victims' services agencies to ensure
that children who are the victims of acts by a
perpetrator other than a parent or caretaker that would
be considered child abuse or neglect under section 3(2)
if the perpetrator of such act were a parent or
caretaker, are referred for appropriate follow-up
services, even if such children do not qualify for the
protections under such State law or statewide program;
``(I) an assurance that the State will--
``(i) take primary responsibility to accept
and investigate reports of known and suspected
child abuse or neglect pertaining to an
incident that occurred in that State, even if
the child or the alleged perpetrator resides in
a different State;
``(ii) in the case of a State that takes
primary responsibility to investigate a report
as described in clause (i), share the results
of the investigation with the State where the
child resides and with the State where the
alleged perpetrator resides; and
``(iii) in the case of a State in which the
child or alleged perpetrator resides, but where
the alleged incident did not occur, establish a
plan to assist the State with primary
responsibility for the investigation; and
``(J) an assurance that the State has established
procedures to screen for domestic violence in the
course of investigating child abuse and that such
procedures--
``(i) were developed in consultation with
the State Domestic Violence Coalition (as
defined in section 302 of the Family Violence
Prevention and Services Act (42 U.S.C. 10402))
or other entity eligible for funds under
section 311 of the Family Violence Prevention
and Services Act (42 U.S.C. 10411); and
``(ii) include training and practice
requirements for investigators of child abuse
where domestic violence is also present.''; and
(2) by adding at the end the following:
``(5) Individuals required to report suspected or known
child abuse or neglect.--To satisfy the requirements of
paragraph (2)(B)(i), a State law for mandatory reporting
described in such paragraph shall require all of the following
individuals to report suspected or known incidents of child
abuse or neglect:
``(A) Individuals licensed or certified to practice
in any health-related field licensed by the State,
employees of health care facilities or providers
licensed by the State, who are engaged in the
admission, examination, care or treatment of
individuals, including mental health and emergency
medical services providers.
``(B) Individuals employed by a school who have
direct contact with children, including teachers,
administrators, and independent contractors.
``(C) Peace officers and law enforcement personnel.
``(D) Clergy, including Christian Science
practitioners, except where prohibited on account of
clergy-penitent privilege.
``(E) Day care and child care operators and
employees.
``(F) Employees of social services agencies who
have direct contact with children in the course of
employment.
``(G) Foster parents.
``(H) Court appointed special advocates (employees
and volunteers).
``(I) Camp and after-school employees.
``(J) An individual, paid or unpaid, who, on the
basis of the individual's role as an integral part of a
regularly scheduled program, activity, or service,
accepts responsibility for a child.
``(K) Other individuals, as the applicable State
law or statewide program may require.
``(6) Reporting requirement.--To satisfy the requirements
of paragraph (2)(B)(i), a State law for mandatory reporting
described in such paragraph shall require such individuals to
report suspected or known incidents of child abuse or neglect
directly to the appropriate law enforcement or child welfare
agency (as applicable under State law) and, if applicable, to
the individual's supervisor or employer.''.
SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.
(a) Eligibility.--Section 107(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106c(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) support training for adults who work with
children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or
neglect under State law; and''; and
(2) in paragraph (5), by inserting before the period ``and
the training described in paragraph (4)(C)''.
(b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C.
5106c(d)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) evaluate the State's efforts to train adults who work
with children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or neglect
under State law.''.
(c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42
U.S.C. 5106c(e)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) experimental, model, and demonstration
programs for testing innovative approaches and
techniques that may improve reporting of and response
to suspected and known incidents of child abuse or
neglect by adults to the State child protective service
agencies or to law enforcement agencies.''.
SEC. 6. GENERAL PROGRAM GRANTS.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(f) Mandatory Reporting.--To be eligible to receive any form of
financial assistance under this title, a State shall include in the
corresponding plan or application an assurance that the State has in
effect a State law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 7. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(e) Study and Report on State Mandatory Reporting Laws.--
``(1) Study.--Not later than 4 years after the date of
enactment of the Speak Up to Protect Every Abused Kid Act, the
Secretary shall collect information on and otherwise study the
efforts of States relating to State laws for mandatory
reporting of incidents of child abuse or neglect, in order to
assess the implementation of the amendments made by that Act.
``(2) Report.--
``(A) In general.--Not later than 4 years after the
date of enactment of the Speak Up to Protect Every
Abused Kid Act, the Secretary shall submit to the
appropriate committees of Congress a report containing
the findings of the study under paragraph (1).
``(B) Contents.--The report submitted under
subparagraph (A) shall--
``(i) provide an update on--
``(I) implementation of State laws
for mandatory reporting described in
section 106(b)(2)(B)(i); and
``(II) State efforts to improve
reporting on, and responding to reports
of, child abuse or neglect; and
``(ii) include data regarding any changes
in the rate of substantiated child abuse
reports and changes in the rate of child abuse
fatalities since the date of enactment of the
Speak Up to Protect Every Abused Kid Act.''.
SEC. 8. COMMUNITY-BASED GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) an assurance that the State has in effect a State
law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of enactment of this Act.
(b) Mandatory Reporting Requirements.--The amendments made by
sections 4, 5(a), 6, and 8 shall apply to the applicable plans and
applications submitted after the date that is 2 years after the date of
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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