[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5876 Reported in House (RH)]
Union Calendar No. 421
110th CONGRESS
2d Session
H. R. 5876
[Report No. 110-669]
To require certain standards and enforcement provisions to prevent
child abuse and neglect in residential programs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2008
Mr. George Miller of California (for himself, Mrs. McCarthy of New
York, Mr. Payne, Mr. Hare, Mr. Hinojosa, Mr. Scott of Virginia, Mr.
Grijalva, Mr. Davis of Illinois, Mr. Kildee, Ms. Woolsey, and Mr.
Kucinich) introduced the following bill; which was referred to the
Committee on Education and Labor
May 22, 2008
Additional sponsors: Mr. Lewis of Georgia, Mr. Cohen, Mr. Sestak, Mr.
McDermott, Ms. Hirono, Ms. DeLauro, Mr. Holt, and Mr. Yarmuth
May 22, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
23, 2008]
_______________________________________________________________________
A BILL
To require certain standards and enforcement provisions to prevent
child abuse and neglect in residential programs, 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 ``Stop Child Abuse in Residential
Programs for Teens Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Children and Families of the
Department of Health and Human Services.
(2) Child.--The term ``child'' means an individual who has
not attained the age of 18.
(3) Child abuse and neglect.--The term ``child abuse and
neglect'' has the meaning given such term in section 111 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g).
(4) Covered program.--
(A) In general.--The term ``covered program'' means
each location of a program not operated by a
governmental entity that, with respect to one or more
children who are unrelated to the owner or operator of
the program--
(i) provides a residential environment,
such as--
(I) a program with a wilderness or
outdoor experience, expedition, or
intervention;
(II) a boot camp experience or
other experience designed to simulate
characteristics of basic military
training or correctional regimes;
(III) a therapeutic boarding
school; or
(IV) a behavioral modification
program; and
(ii) operates with a focus on serving
children with--
(I) emotional, behavioral, or
mental health problems or disorders; or
(II) problems with alcohol or
substance abuse.
(B) Exclusion.--The term ``covered program'' does
not include--
(i) a hospital licensed by the State;
(ii) a foster family home or group home
that provides 24-hour substitute care for
children place away from their parents or
guardians and for whom the State child welfare
services agency has placement and care
responsibility and that is licensed and
regulated by the State as a foster family home
or group home; or
(iii) a psychiatric residential treatment
facility that is certified as meeting the
requirements specified in regulations
promulgated for such facilities under section
1905(h)(1)(A) of the Social Security Act and
that provides psychiatric services for which
medical assistance is available under a State
plan under title XIX of such Act.
(5) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(6) State.--The term ``State'' has the meaning given such
term in section 111 of the Child Abuse Prevention and Treatment
Act.
SEC. 3. STANDARDS AND ENFORCEMENT.
(a) Minimum Standards.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary for Children
and Families of the Department of Health and Human Services
shall require each location of a covered program that
individually or together with other locations has an effect on
interstate commerce, in order to provide for the basic health
and safety of children at such a program, to meet the following
minimum standards:
(A) Child abuse and neglect shall be prohibited.
(B) Disciplinary techniques or other practices that
involve the withholding of essential food, water,
clothing, shelter, or medical care necessary to
maintain physical health, mental health, and general
safety, shall be prohibited.
(C) The protection and promotion of the right of
each child at such a program to be free from physical
and mechanical restraints and seclusion (as such terms
are defined in section 595 of the Public Health Service
Act (42 U.S.C. 290jj)) to the same extent and in the
same manner as a non-medical, community-based facility
for children and youth is required to protect and
promote the right of its residents to be free from such
restraints and seclusion under such section 595,
including the prohibitions and limitations described in
subsection (b)(3) of such section.
(D) Acts of physical or mental abuse designed to
humiliate, degrade, or undermine a child's self-respect
shall be prohibited.
(E) Each child at such a program shall have
reasonable access to a telephone, and be informed of
their right to such access, for making and receiving
phone calls with as much privacy as possible, and shall
have access to the appropriate State or local child
abuse reporting hotline number, and the national
hotline number referred to in subsection (c)(2).
(F) Each staff member, including volunteers, at
such a program shall be required, as a condition of
employment, to become familiar with what constitutes
child abuse and neglect, as defined by State law.
(G) Each staff member, including volunteers, at
such a program shall be required, as a condition of
employment, to become familiar with the requirements,
including with State law relating to mandated
reporters, and procedures for reporting child abuse and
neglect in the State in which such a program is
located.
(H) Full disclosure, in writing, of staff
qualifications and their roles and responsibilities at
such program, including medical, emergency response,
and mental health training, to parents or legal
guardians of children at such a program, including
providing information on any staff changes, including
changes to any staff member's qualifications, roles, or
responsibilities, not later than 10 days after such
changes occur.
(I) Each staff member at a covered program
described in subclause (I) or (II) of section
2(4)(A)(i) shall be required, as a condition of
employment, to be familiar with the signs, symptoms,
and appropriate responses associated with heatstroke,
dehydration, and hypothermia.
(J) Each staff member, including volunteers, shall
be required, as a condition of employment, to submit to
a criminal history check, including a name-based search
of the National Sex Offender Registry established
pursuant to the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248; 42 U.S.C. 16901 et
seq.), a search of the State criminal registry or
repository in the State in which the covered program is
operating, and a Federal Bureau of Investigation
fingerprint check. An individual shall be ineligible to
serve in a position with any contact with children at a
covered program if any such record check reveals a
felony conviction for child abuse or neglect, spousal
abuse, a crime against children (including child
pornography), or a crime involving violence, including
rape, sexual assault, or homicide, but not including
other physical assault or battery.
(K) Policies and procedures for the provision of
emergency medical care, including policies for staff
protocols for implementing emergency responses.
(L) All promotional and informational materials
produced by such a program shall include a hyperlink to
or the URL address of the website created by the
Assistant Secretary pursuant to subsection (c)(1)(A).
(M) Policies to require parents or legal guardians
of a child attending such a program--
(i) to notify, in writing, such program of
any medication the child is taking;
(ii) to be notified within 24 hours of any
changes to the child's medical treatment and
the reason for such change; and
(iii) to be notified within 24 hours of any
missed dosage of prescribed medication.
(N) Procedures for notifying parents or legal
guardians with children at such a program of any--
(i) on-site investigation of a report of
child abuse and neglect;
(ii) violation of the health and safety
standards described in this paragraph; and
(iii) violation of State licensing
standards developed pursuant to section
114(b)(1) of the Child Abuse Prevention and
Treatment Act, as added by section 8 of this
Act.
(O) Other standards the Assistant Secretary
determines appropriate to provide for the basic health
and safety of children at such a program.
(2) Regulations.--
(A) Interim regulations.--Not later than 180 days
after the date of the enactment of this Act, the
Assistant Secretary shall promulgate and enforce
interim regulations to carry out paragraph (1).
(B) Public comment.--The Assistant Secretary shall,
for a 90-day period beginning on the date of the
promulgation of interim regulations under subparagraph
(A) of this paragraph, solicit and accept public
comment concerning such regulations. Such public
comment shall be submitted in written form.
(C) Final regulations.--Not later than 90 days
after the conclusion of the 90-day period referred to
in subparagraph (B) of this paragraph, the Assistant
Secretary shall promulgate and enforce final
regulations to carry out paragraph (1).
(b) Monitoring and Enforcement.--
(1) Inspections.--The Assistant Secretary shall establish a
process for conducting unannounced site inspections of each
location of a covered program to determine compliance with the
standards required under subsection (a)(1). Such inspections
shall--
(A) begin not later than the date on which the
Assistant Secretary promulgates interim regulations
under subsection (a)(2)(A); and
(B) be conducted at each location of each covered
program not less often than once every two years, until
such time as the Assistant Secretary has determined a
State has appropriate health and safety licensing
requirements, monitoring, and enforcement of covered
programs in such State, as determined in accordance
with section 114(c) of the Child Abuse Prevention and
Treatment Act, as added by section 8 of this Act.
(2) On-going review process.--Not later than 180 days after
the date of the enactment of this Act, the Assistant Secretary
shall implement an on-going review process for investigating
and evaluating reports of child abuse and neglect at covered
programs received by the Assistant Secretary from the
appropriate State, in accordance with section 114(b)(3) of the
Child Abuse Prevention and Treatment Act, as added by section 8
of this Act. Such review process shall--
(A) include an investigation to determine if a
violation of the standards required under subsection
(a)(1) has occurred;
(B) include an assessment of the State's
performance with respect to appropriateness of response
to and investigation of reports of child abuse and
neglect at covered programs and appropriateness of
legal action against responsible parties in such cases;
(C) be completed not later than 60 days after
receipt by the Assistant Secretary of such a report;
(D) not interfere with an investigation by the
State or a subdivision thereof; and
(E) be implemented in each State in which a covered
program operates until such time as each such State has
satisfied the requirements under section 114(c) of the
Child Abuse Prevention and Treatment Act, as added by
section 8 of this Act, as determined by the Assistant
Secretary, or two years has elapsed from the date that
such review process is implemented, whichever is later.
(3) Civil penalties.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary
shall promulgate regulations establishing civil penalties for
violations of the standards required under subsection (a)(1).
The regulations establishing such penalties shall incorporate
the following:
(A) Any owner or operator of a covered program at
which the Assistant Secretary has found a violation of
the standards required under subsection (a)(1) may be
assessed a civil penalty not to exceed $50,000 per
violation.
(B) All penalties collected under this subsection
shall be deposited in the appropriate account of the
Treasury of the United States.
(c) Dissemination of Information.--The Assistant Secretary shall
establish, maintain, and disseminate information about the following:
(1) Websites made available to the public that contains, at
a minimum, the following:
(A) The name and each location of each covered
program, and the name of each owner and operator of
each such program, operating in each State, and
information regarding--
(i) each such program's history of
violations of--
(I) regulations promulgated
pursuant to subsection (a); and
(II) section 114(b)(1) of the Child
Abuse Prevention and Treatment Act, as
added by section 8 of this Act;
(ii) each such program's current status
with the State licensing requirements under
section 114(b)(1) of the Child Abuse Prevention
and Treatment Act, as added by section 8 of
this Act;
(iii) any deaths that occurred to a child
while under the care of such a program,
including any such deaths that occurred in the
five year period immediately preceding the date
of the enactment of this Act;
(iv) owners or operators of a covered
program that was found to be in violation of
the standards required under subsection (a)(1),
or a violation of the licensing standards
developed pursuant to section 114(b)(1) of the
Child Abuse Prevention and Treatment Act, as
added by section 8 of this Act, and who
subsequently own or operate another covered
program; and
(v) any penalties levied under subsection
(b)(3), any judgments or orders issued by a
court pursuant to section 5, and any other
penalties levied by the State, against each
such program.
(B) Information on best practices for helping
adolescents with mental health disorders, conditions,
behavioral challenges, or alcohol or substance abuse,
including information to help families access effective
resources in their communities.
(2) A national toll-free telephone hotline to receive
complaints of child abuse and neglect at covered programs and
violations of the standards required under subsection (a)(1).
(d) Action.--The Assistant Secretary shall establish a process to--
(1) ensure complaints of child abuse and neglect received
by the hotline established pursuant to subsection (c)(2) are
promptly reviewed by persons with expertise in evaluating such
types of complaints;
(2) immediately notify the State, appropriate local law
enforcement, and the appropriate protection and advocacy system
of any credible complaint of child abuse and neglect at a
covered program received by the hotline;
(3) investigate any such credible complaint not later than
30 days after receiving such complaint to determine if a
violation of the standards required under subsection (a)(1) has
occurred; and
(4) ensure the collaboration and cooperation of the hotline
established pursuant to subsection (c)(2) with other
appropriate National, State, and regional hotlines, and, as
appropriate and practicable, with other hotlines that might
receive calls about child abuse and neglect at covered
programs.
SEC. 4. ENFORCEMENT BY THE ATTORNEY GENERAL.
If the Assistant Secretary determines that a violation of
subsection (a)(1) of section 3 has not been remedied through the
enforcement process described in subsection (b)(3) of such section, the
Assistant Secretary shall refer such violation to the Attorney General
for appropriate action. Regardless of whether such a referral has been
made, the Attorney General may, sua sponte, file a complaint in any
court of competent jurisdiction seeking equitable relief or any other
relief authorized by this Act for such violation.
SEC. 5. PRIVATE RIGHT OF ACTION.
(a) Maintenance of Action.--Any person suffering an injury-in-fact
traceable to a violation of a regulation promulgated pursuant to
section 3(a) may bring suit or a claim demanding relief.
(b) Relief.--A court hearing a claim or suit under subsection (a)
may order any appropriate equitable remedy and award damages, including
punitive damages and reasonable attorneys' fees, for a violation of a
regulation promulgated pursuant to section 3(a).
(c) Limitation.--The provisions of section 7 of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e) shall not apply to any
action brought under this Act.
SEC. 6. REPORT.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the Secretary of Health and Human Services, in
coordination with the Attorney General shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate, a report on
the activities carried out by the Assistant Secretary and the Attorney
General under this Act, including--
(1) a description of the number and types of covered
programs inspected by the Assistant Secretary pursuant to
section 3(b)(1);
(2) a description of types of violations of health and
safety standards found by the Assistant Secretary and any
penalties assessed;
(3) a summary of findings from on-going reviews conducted
by the Assistant Secretary pursuant to section 3(b)(2);
(4) a summary of State progress in meeting the requirements
of this Act, including the requirements under section 114 of
the Child Abuse Prevention and Treatment Act, as added by
section 8 of this Act; and
(5) a summary of the Secretary's oversight activities and
findings conducted pursuant to subsection (d) of such section
114.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Health
and Human Services $50,000,000 for each of fiscal years 2009 through
2013 to carry out this Act (excluding the amendment made by section 8
of this Act).
SEC. 8. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO STATES TO
PREVENT CHILD ABUSE AND NEGLECT AT RESIDENTIAL PROGRAMS.
(a) In General.--Title I of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end
the following new section:
``SEC. 114. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR GRANTS TO STATES TO
PREVENT CHILD ABUSE AND NEGLECT AT RESIDENTIAL PROGRAMS.
``(a) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained the age of 18.
``(2) Covered program.--
``(A) In general.--The term `covered program' means
each location of a program operated by a public or
private entity that, with respect to one or more
children who are unrelated to the owner or operator of
the program--
``(i) provides a residential environment,
such as--
``(I) a program with a wilderness
or outdoor experience, expedition, or
intervention;
``(II) a boot camp experience or
other experience designed to simulate
characteristics of basic military
training or correctional regimes;
``(III) a therapeutic boarding
school; or
``(IV) a behavioral modification
program; and
``(ii) operates with a focus on serving
children with--
``(I) emotional, behavioral, or
mental health problems or disorders; or
``(II) problems with alcohol or
substance abuse.
``(B) Exclusion.--The term `covered program' does
not include--
``(i) a hospital licensed by the State;
``(ii) a foster family home or group home
that provides 24-hour substitute care for
children place away from their parents or
guardians and for whom the State child welfare
services agency has placement and care
responsibility and that is licensed and
regulated by the State as a foster family home
or group home; or
``(iii) a psychiatric residential treatment
facility that is certified as meeting the
requirements specified in regulations
promulgated for such facilities under section
1905(h)(1)(A) of the Social Security Act and
that provides psychiatric services for which
medical assistance is available under a State
plan under title XIX of such Act.
``(3) Protection and advocacy system.--The term `protection
and advocacy system' means a protection and advocacy system
established under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
``(b) Eligibility Requirements.--To be eligible to receive a grant
under section 106, a State shall--
``(1) not later than three years after the date of the
enactment of this section, develop policies and procedures to
prevent child abuse and neglect at covered programs operating
in such State, including having in effect health and safety
licensing requirements applicable to and necessary for the
operation of each location of such covered programs that
include, at a minimum--
``(A) standards that meet or exceed the standards
required under section 3(a)(1) of the Stop Child Abuse
in Residential Programs for Teens Act of 2008;
``(B) the provision of essential food, water,
clothing, shelter, and medical care necessary to
maintain physical health, mental health, and general
safety of children at such programs;
``(C) policies for emergency medical care
preparedness and response, including minimum staff
training and qualifications for such responses; and
``(D) notification to appropriate staff at covered
programs if their position of employment meets the
definition of mandated reporter, as defined by the
State;
``(2) develop policies and procedures to monitor and
enforce compliance with the licensing requirements developed in
accordance with paragraph (1), including--
``(A) designating an agency to be responsible, in
collaboration and consultation with State agencies
providing human services (including child protective
services, and services to children with emotional,
psychological, developmental, or behavioral
dysfunctions, impairments, disorders, or alcohol or
substance abuse), State law enforcement officials, the
appropriate protection and advocacy system, and courts
of competent jurisdiction, for monitoring and enforcing
such compliance;
``(B) a State licensing application process through
which any individual seeking to operate a covered
program would be required to disclose all previous
substantiated reports of child abuse and neglect and
all child deaths at any businesses previously or
currently owned or operated by such individual, except
that such reports shall not contain any personally
identifiable information relating to the identity of
individuals who were the victims of such child abuse
and neglect;
``(C) conducting unannounced site inspections not
less often than once every two years at each location
of a covered program;
``(D) creating a database, to be integrated with
the annual State data reports required under section
106(d), of reports of child abuse and neglect at
covered programs operating in the State, except that
such reports shall not contain any personally
identifiable information relating to the identity of
individuals who were the victims of such child abuse
and neglect; and
``(E) implementing a policy of graduated sanctions,
including fines and suspension and revocation of
licences, against covered programs operating in the
State that are out of compliance with such health and
safety licensing requirements;
``(3) if the State is not yet satisfying the requirements
of this subsection, in accordance with a determination made
pursuant to subsection (c), develop policies and procedures for
notifying the Secretary and the appropriate protection and
advocacy system of any report of child abuse and neglect at a
covered program operating in the State not later than 30 days
after the appropriate State entity, or subdivision thereof,
determines such report should be investigated and not later
than 48 hours in the event of a fatality;
``(4) if the Secretary determines that the State is
satisfying the requirements of this subsection, in accordance
with a determination made pursuant to subsection (c), develop
policies and procedures for notifying the Secretary if--
``(A) the State determines there is evidence of a
pattern of violations of the standards required under
paragraph (1) at a covered program operating in the
State or by an owner or operator of such a program; or
``(B) there is a child fatality at a covered
program operating in the State;
``(5) develop policies and procedures for establishing and
maintaining a publicly available database of all covered
programs operating in the State, including the name and each
location of each such program and the name of the owner and
operator of each such program, information on reports of child
abuse and neglect at such programs (except that such reports
shall not contain any personally identifiable information
relating to the identity of individuals who were the victims of
such child abuse and neglect), violations of standards required
under paragraph (1), and all penalties levied against such
programs;
``(6) annually submit to the Secretary a report that
includes--
``(A) the name and each location of all covered
programs, including the names of the owners and
operators of such programs, operating in the State, and
any violations of State licensing requirements
developed pursuant to subsection (b)(1); and
``(B) a description of State activities to monitor
and enforce such State licensing requirements,
including the names of owners and operators of each
covered program that underwent a site inspection by the
State, and a summary of the results and any actions
taken; and
``(7) if the Secretary determines that the State is
satisfying the requirements of this subsection, in accordance
with a determination made pursuant to subsection (c), develop
and policies and procedures to report to the appropriate
protection and advocacy system any case of the death of an
individual under the control or supervision of a covered
program not later than 48 hours after the State is informed of
such death.
``(c) Secretarial Determination.--The Secretary shall not determine
that a State's licensing requirements, monitoring, and enforcement of
covered programs operating in the State satisfy the requirements of
this subsection (b) unless--
``(1) the State implements licensing requirements for such
covered programs that meet or exceed the standards required
under subsection (b)(1);
``(2) the State designates an agency to be responsible for
monitoring and enforcing compliance with such licensing
requirements;
``(3) the State conducts unannounced site inspections of
each location of such covered programs not less often than once
every two years;
``(4) the State creates a database of such covered
programs, to include information on reports of child abuse and
neglect at such programs (except that such reports shall not
contain any personally identifiable information relating to the
identity of individuals who were the victims of such child
abuse and neglect);
``(5) the State implements a policy of graduated sanctions,
including fines and suspension and revocation of licenses
against such covered programs that are out of compliance with
the health and safety licensing requirements under subsection
(b)(1); and
``(6) after a review of assessments conducted under section
3(b)(2)(B) of the Stop Child Abuse in Residential Programs for
Teens Act of 2008, the Secretary determines the State is
appropriately investigating and responding to allegations of
child abuse and neglect at such covered programs.
``(d) Oversight.--
``(1) In general.--Beginning two years after the date of
the enactment of the Stop Child Abuse in Residential Programs
for Teens Act of 2008, the Secretary shall implement a process
for continued monitoring of each State that is determined to be
satisfying the licensing, monitoring, and enforcement
requirements of subsection (b), in accordance with a
determination made pursuant to subsection (c), with respect to
the performance of each such State regarding--
``(A) preventing child abuse and neglect at covered
programs operating in each such State; and
``(B) enforcing the licensing standards described
in subsection (b)(1).
``(2) Evaluations.--The process required under paragraph
(1) shall include in each State, at a minimum--
``(A) an investigation not later than 60 days after
receipt by the Secretary of a report from a State, or a
subdivision thereof, of child abuse and neglect at a
covered program operating in the State, and submission
of findings to appropriate law enforcement or other
local entity where necessary, if the report indicates--
``(i) a child fatality at such program; or
``(ii) there is evidence of a pattern of
violations of the standards required under
subsection (b)(1) at such program or by an
owner or operator of such program;
``(B) annually, a random sample of review of cases
of reports of child abuse and neglect investigated at
covered programs operating in the State to assess the
State's performance with respect to the appropriateness
of response to and investigation of reports of child
abuse and neglect at covered programs and the
appropriateness of legal actions taken against
responsible parties in such cases; and
``(C) unannounced site inspections of covered
programs operating in the State to monitor compliance
with the standards required under section 3(a) of the
Stop Child Abuse in Residential Programs for Teens Act
of 2008.
``(3) Enforcement.--If the Secretary determines, pursuant
to an evaluation under this subsection, that a State is not
adequately implementing, monitoring, and enforcing the
licensing requirements of subsection (b)(1), the Secretary
shall require, for a period of not less than one year, that--
``(A) the State shall inform the Secretary of each
instance there is a report to be investigated of child
abuse and neglect at a covered program operating in the
State; and
``(B) the Secretary and the appropriate local
agency shall jointly investigate such report.''.
(b) Authorization of Appropriations.--Section 112(a)(1) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is
amended by inserting before the period at the end the following: ``,
and $200,000,000 for each of fiscal years 2009 through 2013''.
(c) Conforming Amendments.--
(1) Coordination with available resources.--Section
103(c)(1)(D) of the Child Abuse Prevention and Treatment Act
(42 U.S.C. 5104(c)(1)(D)) is amended by inserting after
``specific'' the following: ``(including reports of child abuse
and neglect occurring at covered programs (except that such
reports shall not contain any personally identifiable
information relating to the identity of individuals who were
the victims of such child abuse and neglect), as such term is
defined in section 114)''.
(2) Further requirement.--Section 106(b)(1) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is
amended by adding at the end the following new subparagraph:
``(C) Further requirement.--To be eligible to
receive a grant under this section, a State shall
comply with the requirements under section 114(b) and
shall include in the State plan submitted pursuant to
subparagraph (A) a description of the activities the
State will carry out to comply with the requirements
under such section 114(b).''.
(3) Annual state data reports.--Section 106(d) of the Child
Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended--
(A) in paragraph (1), by inserting before the
period at the end the following: ``(including reports
of child abuse and neglect occurring at covered
programs (except that such reports shall not contain
any personally identifiable information relating to the
identity of individuals who were the victims of such
child abuse and neglect), as such term is defined in
section 114)''; and
(B) in paragraph (6), by inserting before the
period at the end the following: ``or who were in the
care of a covered program, as such term is defined in
section 114''.
(d) Clerical Amendment.--Section 1(b) of the Child Abuse Prevention
and Treatment Act (42 U.S.C. 5101 note) is amended by inserting after
the item relating to section 113 the following new item:
``Sec. 114. Additional eligibility requirements for grants to States to
prevent child abuse and neglect at
residential programs.''.
Union Calendar No. 421
110th CONGRESS
2d Session
H. R. 5876
[Report No. 110-669]
_______________________________________________________________________
A BILL
To require certain standards and enforcement provisions to prevent
child abuse and neglect in residential programs, and for other
purposes.
_______________________________________________________________________
May 22, 2008
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed