[Congressional Record Volume 162, Number 23 (Tuesday, February 9, 2016)]
[House]
[Pages H638-H640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPEDITED REPORTING OF CHILD ABUSE AND NEGLECT TO STATE CHILD
PROTECTIVE SERVICES
Mr. MacARTHUR. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3894) to amend title 10, United States Code, to require the
prompt notification of State Child Protective Services by military and
civilian personnel of the Department of Defense required by law to
report suspected instances of child abuse and neglect.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3894
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXPEDITED REPORTING OF CHILD ABUSE AND NEGLECT TO
STATE CHILD PROTECTIVE SERVICES.
(a) Reporting by Military and Civilian Personnel of the
Department of Defense.--Section 1787 of title 10, United
States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d), respectively; and
(2) by inserting before subsection (c), as so redesignated,
the following new subsections:
``(a) Reporting by Military and Civilian Personnel.--A
member of the armed forces, civilian employee of the
Department of Defense, or contractor employee working on a
military installation who is mandated by Federal regulation
or State law to report known or suspected instances of child
abuse and neglect shall provide the report directly to State
Child Protective Services or another appropriate State agency
in addition to the member's or employee's chain of command or
any designated Department point of contact.
``(b) Training for Mandated Reporters.--The Secretary of
Defense shall ensure that individuals referred to in
subsection (a) who are mandated by State law to report known
or suspected instances of child abuse and neglect receive
appropriate training, in accordance with State guidelines,
intended to improve their--
``(1) ability to recognize evidence of child abuse and
neglect; and
``(2) understanding of the mandatory reporting requirements
imposed by law.''.
(b) Conforming and Clerical Amendments.--Section 1787 of
title 10, United States Code, is further amended--
(1) in subsection (c), as redesignated by subsection
(a)(1), by striking ``In General.--'' and inserting
``Reporting by States.--''; and
(2) in subsection (d), as redesignated by subsection
(a)(1)--
(A) by striking ``(d) Definition.--In this section, the
term'' and inserting the following:
``(d) Definitions.--In this section:
``(1) The term''; and
(B) by adding at the end the following new paragraph:
``(2) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the Virgin Islands, American
Samoa, the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
New York (Ms. Stefanik) and the gentlewoman from Hawaii (Ms. Gabbard)
each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Ms. STEFANIK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Ms. STEFANIK. Mr. Speaker, I yield myself such time as I may consume.
[[Page H639]]
I rise today in support of H.R. 3894, Talia's law, which would
require military and Department of Defense civilian personnel working
on a military installation to report instances of child abuse and
neglect to State Child Protective Services in addition to their
designated Department of Defense point of contact.
{time} 1730
Our Nation is extremely proud of our military servicemembers and the
sacrifices they endure to protect our national security. Members of our
military's Active Duty Reserve component and the National Guard knit
the blanket of freedom to keep us safe from those who wish to do us
harm.
Standing beside our Nation's brave servicemembers are the spouses and
children who bear constant challenges and maintain resiliency
throughout the continuous moves and the strain deployments incur on
families.
There are approximately 2 million children with one or both parents
who serve in the U.S. military, and the support role these children
fulfill is beyond significant and should be commended. Our Nation's
military dependents face greater academic challenges and emotional
stress due to relocation and attending multiple schools.
It is difficult enough growing up and enduring adolescence without
having to move every couple of years, face new surroundings, make new
friends, and all the while having a mother or father serving our Nation
in harm's way.
Military children must rely on their loved ones, family, friends, and
their parents to get through the struggles that only a military
household can understand.
However, it is when those individuals, those adults who these
children trust the most, hurt them in any way. It is inexcusable. Our
children are truly our Nation's future, and anyone who abuses or
neglects a child is appalling and must be held accountable.
That is why I stand here today in support of H.R. 3894, an imperative
piece of legislation which would require a childcare provider located
on a DOD installation to report any signs of child abuse or neglect
directly to Child Protective Services and the provider's chain of
command.
Not only does this bill enforce the reporting procedure, but it also
requires those individuals who work with children on an installation
receive the necessary training to recognize child abuse as well as
fully understand the reporting requirements.
I applaud my Committee on Armed Services colleague and friend, Ms.
Gabbard, for her leadership on this issue and encourage the rest of my
House colleagues to support this important bill.
Mr. Speaker, I reserve the balance of my time.
Ms. GABBARD. Mr. Speaker, I yield myself such time as I may consume.
In 2005, 5-year-old Talia Williams was beaten to death by her own
father, who was stationed at Schofield Barracks in Hawaii at the time.
Talia suffered through months and months of abuse from her father and
her stepmother, which ultimately led to her death.
Why didn't someone do something? Why was this allowed to occur? Why
didn't someone take action to stop this horrific abuse that was visible
to so many who knew Talia? There were multiple reports that were made
to military officials, but when it came right down to it, nothing was
done to take Talia out of harm's way.
I am rising today to ask my colleagues to support my bill, H.R. 3894,
Talia's Law, because more than 10 years after Talia's tragic death, the
same gaps in the military's reporting requirements that failed to
protect Talia remain unchanged. In fact, over the last decade, there
have been 29,000 cases of child abuse and neglect in military homes.
Now, outside of the military, in the civilian world, doctors,
psychologists, social workers, teachers, or other professionals who
work closely with children are required to report any suspected cases
of child abuse and neglect directly to that State's Child Protective
Services.
But the military's reporting requirements do not require that direct
reporting to State authorities. So reports of Talia's suspected abuse
never reached the Hawaii Child Protective Services. Instead, they
stayed within the Army's chain of command.
Now, I know there were a lot of people around Talia who had good
intentions and who were gravely concerned about the abuse that they
were seeing, but the fact remains that Talia was never removed from
this abusive environment.
To close this gap and fix this problem, Talia's Law requires the same
protections that exist for any other child, whether they are in a
military household or not. This bill requires immediate and direct
reporting to State Child Protective Services in cases of suspected
abuse and neglect.
I recently spoke to Talia's mother, Tarshia, who knows that this bill
will not bring Talia back, it cannot right the wrongs that failed to
protect Talia.
But what she does know and what she does hope is that the passage of
this bill will take an important step forward in helping to better
protect the thousands of other children in military families who may be
facing this same situation and get them the care and services that they
deserve.
Mr. Speaker, I strongly urge my colleagues to honor Talia and all of
our children in military families and support H.R. 3894.
I would also like to thank my colleague, the gentlewoman from New
York (Ms. Stefanik) for her very thoughtful remarks on this and for
championing Talia's Law to be able to help these children who are
facing numerous challenges and who deserve better than to have this
kind of abuse.
Mr. Speaker, I reserve the balance of my time.
Ms. STEFANIK. Mr. Speaker, I reserve the balance of my time.
Ms. GABBARD. Mr. Speaker, I yield 5 minutes to the gentleman from
Hawaii (Mr. Takai), my friend and colleague, the distinguished
gentleman representing Hawaii's First Congressional District.
Mr. TAKAI. Mr. Speaker, today I rise in favor of a bill my friend and
colleague Tulsi Gabbard and I have introduced.
H.R. 3894, Talia's Law, gets its name from a 5-year-old girl named
Talia Williams who was beaten to death at the hands of her father, an
Army soldier stationed at Schofield Barracks in Hawaii.
We in Hawaii and all across the country are so thankful for the
sacrifices our servicemen and servicewomen make to protect our
freedoms, but we also have a duty to protect the most vulnerable among
us, our children. In Hawaii, we call them our keiki.
As a father myself, I am proud to stand up for Talia's Law, which
would require prompt reporting of possible abuses not only to a
military supervisor, but also prompt reporting of possible abuse and
neglect to the State's Child Protective Services. It would strengthen
reporting requirements for these allegations and make sure that they
are properly investigated.
I hope that, as we deliberate this bill, we also draw attention to
the fact that Congress can come together and should come together to
provide better access to resources for those in uniform suffering from
wounds that may not be visible to the eyes.
I ask for the consideration of this bill and its urgent passage.
These children, our keiki, and all the victims of abuse and neglect
cannot wait.
Ms. GABBARD. Mr. Speaker, I yield back the balance of my time.
Ms. STEFANIK. Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 3984,
legislation requiring military and civilian personnel of the Department
of Defense required by law to report suspected instances of child abuse
and neglect to do so promptly and directly to State child protective
service agencies.
I support this legislation sponsored by Congresswoman Tulsi Gabbard
of Hawaii, a good friend and veterans of the Armed Services, because no
child should have to bear the pain and suffering of abuse or neglect
alone.
Mr. Speaker, the reason this important legislation is needed is
illustrated by the tragic and heart breaking case of Talia Williams, an
innocent and loving 5-year old girl who was beaten to death by her
father, an active-duty infantryman stationed in Hawaii.
After investigation and through subsequent legal proceedings, it came
to light that before being murdered, precious Talia had suffered
through months of torture and abuse by both her father and stepmother.
Even worse, Mr. Speaker, it was revealed that multiple federal
employees, including military police and workers at her on-base child
[[Page H640]]
care facility, failed to report suspected signs of Talia's abuse.
But the shocking case of Talia Williams is not isolated; it is
estimated that more than 29,000 children have been abused in military
homes over the past decade.
The system failed Talia Williams but it is not too late to save other
children at risk by passing H.R. 3894.
Under current law, Family Advocacy Programs operated by the Armed
Forces are to identify individuals who are mandated to report known or
suspected cases of child abuse to designated ``points of contact,'' who
then are to conduct an assessment investigation into the reported abuse
and to communicate with State child protective services agencies.
H.R. 3894 amends current law and requires DoD professionals who come
into contact with children such as physicians, psychologists, social
workers, and teachers to report suspected instances of abuse or neglect
directly to the State child protective services agencies in addition to
Defense Department points of contact or chain of command.
H.R. 3894 also requires these ``mandated reporters'' to receive
training in accordance with state guidelines in order to improve their
ability to recognize evidence of child abuse and neglect and understand
mandatory reporting requirements imposed by law.
Mr. Speaker, it is too late to save Talia Williams but out of the
horrific tragedy that claimed her life, it is possible to identify and
save other children from a similar fate.
H.R. 3894 will help ensure that instances of child abuse and neglect
are recognized and reported immediately by empowering appropriate
military and civilian personnel in the Department of Defense with the
skills and training need to recognize evidence of child abuse and
neglect and to place on them an affirmative duty to report instances of
suspected abuse or neglect promptly and directly to child protective
agencies.
I urge all Members to join me in voting to pass H.R. 3894.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Ms. Stefanik) that the House suspend the
rules and pass the bill, H.R. 3894.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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