[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2573 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 2573
To protect children from the trauma of witnessing or experiencing
violence, sexual abuse, neglect, abduction, rape or death during
parent/child visitations or visitation exchanges, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 1993
Mr. Sabo introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To protect children from the trauma of witnessing or experiencing
violence, sexual abuse, neglect, abduction, rape or death during
parent/child visitations or visitation exchanges, 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 ``Child Safety Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The problem of family violence does not necessarily
cease when the victimized family is legally separated,
divorced, or otherwise not sharing a household. During
separation and divorce, family violence often escalates, and
child custody and visitation become the new forum for the
continuation of abuse.
(2) Current child custody and visitation laws are based on
incorrect assumptions that divorcing parents are in relatively
equal positions of power and that such parents always act in
the children's best interest. These laws often work against the
protection of the children and the abused spouse or intimate
partner in families with a history of family violence.
(3) Some perpetrators use the children as pawns to control
the abused party after the couple is separated.
(4) Every year an estimated 1,000 to 5,000 children are
killed by their parents in the United States.
(5) In 1988, the Department of Justice reported that
354,100 children were abducted by family members who violated
custody agreements or decrees. Most victims were children from
ages 2 to 11 years.
(6) Approximately 160,000 children are seriously injured or
impaired by abuse or neglect each year.
(7) Studies by the American Humane Association indicate
that reports of child abuse and neglect have increased by over
200 percent from 1976 to 1986.
(8) Approximately 90 percent of children in homes in which
their mothers are abused witness the abuse.
(9) Data indicates that women and children are at elevated
risk for violence during the process of and after separation.
(10) Fifty to 70 percent of men who abuse their spouses or
partners also abuse their children.
(11) Up to 75 percent of all domestic assaults reported to
law enforcement agencies were inflicted after the separation of
the couples.
(12) In one study of spousal homicide, over half of the
male defendants were separated from their victims.
(13) Seventy-three percent of battered women seeking
emergency medical services do so after separation.
SEC. 3. PURPOSE.
The purpose of this Act is to authorize funding to enable
supervised visitation centers to provide the following:
(1) Supervised visitation in cases where there is
documented sexual, physical or emotional abuse as determined by
the appropriate court.
(2) Supervised visitation in cases where there is suspected
or elevated risk of sexual, physical or emotional abuse, or
where there have been threats of parental abduction of the
child.
(3) Supervised visitation for children who have been placed
in foster homes as a result of abuse.
(4) An evaluation of visitation between parents and
children for child protection social services to assist such
service providers in making determinations of whether the
children should be returned to a previously abusive home.
(5) A safe location for custodial parents to temporarily
transfer custody of their children with non-custodial parents,
or to provide a protected visitation environment, where there
has been a history of domestic violence or an order for
protection is involved.
(6) An additional safeguard against the child witnessing
abuse or a safeguard against the injury or death of a child or
parent.
(7) An environment for families to have healthy interaction
activities, quality time, non-violent memory building
experiences during visitation to help build the parent/child
relationship.
(8) Parent and child education and support groups to help
parents heal and learn new skills, and to help children heal
from past abuse.
SEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.
(a) In General.--The Secretary of Health and Human Services
(hereafter referred to in this Act as the ``Secretary'') is authorized
to award grants to and enter into contracts and cooperative agreements
with public or nonprofit private entities to assist such entities in
the establishment and operation of supervised visitation centers.
(b) Considerations.--In awarding grants, contracts and agreements
under subsection (a), the Secretary shall take into account--
(1) the number of families to be served by the proposed
visitation center to be established under the grant, contract
or agreement;
(2) the extent to which supervised visitation centers are
needed locally;
(3) the relative need of the applicant; and
(4) the capacity of the applicant to make rapid and
effective use of assistance provided under the grant, contract
or agreement.
(c) Use of Funds.--
(1) In general.--Amounts provided under a grant, contract
or cooperative agreement awarded under this section shall be
used to establish supervised visitation centers and for the
purposes described in section 3. In using such amounts,
grantees shall target the economically disadvantaged and those
individuals who could not otherwise afford such visitation
services. Other individuals may be permitted to utilize the
services provided by the center on a fee basis.
(2) Costs.--To the extent practicable, the Secretary shall
ensure that, with respect to recipients of grants, contracts or
agreements under this section, the perpetrators of the family
violence, abuse or neglect will be responsible for any and all
costs associated with the supervised visitation undertaken at
the center.
SEC. 5. DEMONSTRATION GRANT APPLICATION.
(a) In General.--A grant, contract or cooperative agreement may not
be made or entered into under this Act unless an application for such
grant, contract or cooperative agreement has been submitted to and
approved by the Secretary.
(b) Approval.--Grants, contracts and cooperative agreements under
this Act shall be awarded in accordance with such regulations as the
Secretary may promulgate. At a minimum, to be approved by the Secretary
under this section an application shall--
(1) demonstrate that the applicant has recognized expertise
in the area of family violence and a record of high quality
service to victims of family violence; and
(2) be submitted from an entity located in a State where
State law requires the courts to consider evidence of violence
in custody decisions.
SEC. 6. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Not later than 30 days after the end of each
fiscal year, a recipient of a grant, contract or cooperative agreement
under this Act shall prepare and submit to the Secretary a report that
contains information concerning--
(1) the number of families served per year;
(2) the number of families served per year categorized by--
(A) families who require that supervised visitation
because of child abuse only;
(B) families who require supervised visitation
because of a combination of child abuse and domestic
violence; and
(C) families who require supervised visitation
because of domestic violence only;
(3) the number of visits per family in the report year
categorized by--
(A) supervised visitation required by the courts;
(B) supervised visitation based on suspected or
elevated risk of sexual, physical, or emotional abuse,
or threats of parental abduction of the child that is
not court mandated;
(C) supervised visitation that is part of a foster
care arrangement; and
(D) supervised visitation because of an order of
protection;
(4) the number of supervised visitation arrangements
terminated because of violations of visitation terms, including
violence;
(5) the number of protective temporary transfers of custody
during the report year;
(6) the number of parental abduction cases in a judicial
district using supervised visitation services, both as
identified in criminal prosecution and custody violations;
(7) the number of safety and security problems that occur
during the report year;
(8) the number of families who are turned away because the
center cannot accommodate the demand for services;
(9) the process by which children or abused partners will
be protected during visitations, temporary custody transfers
and other activities for which the supervised visitation
centers are created; and
(10) any other information determined appropriate in
regulations promulgated by the Secretary.
(b) Evaluation.--In addition to submitting the reports required
under subsection (a), an entity receiving a grant, contract or
cooperative agreement under this Act shall have a collateral agreement
with the court, the child protection social services division of the
State, and local domestic violence agencies or State and local domestic
violence coalitions to evaluate the supervised visitation center
operated under the grant, contract or agreement. The entities
conducting such evaluations shall submit a narrative evaluation of the
center to both the center and the grantee.
(c) Demonstration of Need.--The recipient of a grant, contract or
cooperative agreement under this Act shall demonstrate, during the
first 3 years of the project operated under the grant, contract or
agreement, the need for continued funding.
SEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON
SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.
(a) Authorization.--The Secretary is authorized to award special
grants to public or nonprofit private entities to assist such entities
in collecting clinical data for supervised visitation centers
established under this Act to determine--
(1) the extent to which supervised visitation should be
allowed between children who are sexually abused or severely
physically abused by a parent, where the visitation is not
predicated on the abusive parent having successively completed
a specialized course of therapy for such abusers;
(2) the effect of supervised visitation on child victims of
sexual abuse or severe physical abuse when the abusive parent
exercising visitation has not completed specialized therapy and
does not use the visitation to alleviate the child victim's
guilt, fear, or confusion;
(3) the relationship between the type of abuse or neglect
experienced by the child and the use of supervised visitation
centers by the maltreating parent; and
(4) in cases of spouse or partner abuse only, the extent to
which supervised visitation should be predicated on
participation by the abusive spouse in a specialized treatment
program.
(b) Application.--To be eligible to receive a grant under this
section an entity 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 documentary
evidence to demonstrate that the entity possesses a high level of
clinical expertise and experience in child abuse treatment and
prevention as they relate to visitation. The level of clinical
expertise and experience required will be determined by the Secretary.
(c) Report.--Not later than 1 year after the date on which a grant
is received under this section, and each year thereafter for the
duration of the grant, the grantee shall prepare and submit to the
Secretary a report containing the clinical data collected under such
grant.
SEC. 8. REPORTING.
Not later than 18 months after the date of enactment of this Act,
and annually thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report containing the information
collected under the reports received under sections 6 and 7, including
recommendations made by the Secretary concerning whether or not the
supervised visitation center demonstration and clinical data programs
should be reauthorized.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of awarding grants, contracts and
cooperative agreements under this Act, there are authorized to be
appropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal
year 1995, and $50,000,000 for fiscal year 1996.
(b) Distribution.--Of the amounts appropriated under subsection (a)
for each fiscal year--
(1) not less than 80 percent shall be used to award grants,
contracts, or cooperative agreements under section 5; and
(2) not more than 20 percent shall be used to award grants
under section 7.
(c) Disbursement.--Amounts appropriated under this section shall be
disbursed as categorical grants through the 10 regional offices of the
Department of Health and Human Services.
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