[House Report 114-548]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-548
======================================================================
INFANT PLAN OF SAFE CARE IMPROVEMENT ACT
_______
May 10, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
[To accompany H.R. 4843]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 4843) to amend the Child Abuse
Prevention and Treatment Act to require certain monitoring and
oversight, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Plan of Safe Care Improvement
Act''.
SEC. 2. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF SAFE CARE.
Section 103(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5104(b)) is amended--
(1) by redesignating paragraphs (5) through (8) as paragraphs
(6) through (9), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) maintain and disseminate information about the
requirements of section 106(b)(2)(B)(iii) and best practices
relating to the development of plans of safe care as described
in such section for infants born and identified as being
affected by illegal substance abuse or withdrawal symptoms, or
a Fetal Alcohol Spectrum Disorder;''.
SEC. 3. STATE PLANS.
Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5106a(b)(2)(B)(iii)) is amended by inserting before the
semicolon at the end the following: ``to ensure the safety and well-
being of such infant following release from the care of healthcare
providers, including through--''
``(I) addressing the health and
substance use disorder treatment needs
of the infant and affected family or
caregiver; and
``(II) the development and
implementation by the State of
monitoring systems regarding the
implementation of such plans to
determine whether and in what manner
local entities are providing, in
accordance with State requirements,
referrals to and delivery of
appropriate services for the infant and
affected family or caregiver''.
SEC. 4. DATA REPORTS.
(a) In General.--Section 106(d) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end of
the following:
``(17)(A) The number of infants identified under subsection
(b)(2)(B)(ii).
``(B) The number of infants for whom a plan of safe care was
developed under subsection (b)(2)(B)(iii).
``(C) The number of infants for whom a referral was made for
appropriate services, including services for the affected
family or caregiver, under subsection (b)(2)(B)(iii).''.
(b) Redesignation.--Effective on May 29, 2017, section 106(d) of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is
amended by redesignating paragraph (17) (as added by subsection (a)) as
paragraph (18).
SEC. 5. MONITORING AND OVERSIGHT.
(a) Amendment.--Title I of the Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) is further amended by adding at the end
the following:
``SEC. 114. MONITORING AND OVERSIGHT.
``The Secretary shall conduct monitoring to ensure that each State
that receives a grant under section 106 is in compliance with the
requirements of section 106(b), which--
``(1) shall--
``(A) be in addition to the review of the State plan
upon its submission under section 106(b)(1)(A); and
``(B) include monitoring of State policies and
procedures required under clauses (ii) and (iii) of
section 106(b)(2)(B); and
``(2) may include--
``(A) a comparison of activities carried out by the
State to comply with the requirements of section 106(b)
with the State plan most recently approved under
section 432 of the Social Security Act;
``(B) a review of information available on the
Website of the State relating to its compliance with
the requirements of section 106(b);
``(C) site visits, as may be necessary to carry out
such monitoring; and
``(D) a review of information available in the
State's Annual Progress and Services Report most
recently submitted under section 1357.16 of title 45,
Code of Federal Regulations (or successor
regulations).''.
(b) Table of Contents.--The table of contents in 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:
``Sec. 114. Monitoring and oversight.''.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to authorize the Secretary of Health and Human Services or
any other officer of the Federal Government to add new requirements to
section 106(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a(b)), as amended by this Act.
Purpose
H.R. 4843, the Infant Plan of Safe Care Improvement Act,
amends the Child Abuse Prevention and Treatment Act (CAPTA) to
strengthen safety, protections, and interventions for infants
and their families or caregivers by improving accountability
and transparency and encouraging administrative efficiency.
Committee Action
H.R. 4843 reflects work by the Education and the Workforce
Committee (Committee) in the 114th Congress to amend CAPTA in
order to address concerns about the growing number of infants
born suffering from drug dependency, a condition known as
Neonatal Abstinence Syndrome. The bill builds upon the
Committee's ongoing efforts to ensure current policies are
enforced and families receive the assistance they desperately
need to improve infant safety and well-being.
114TH CONGRESS, FIRST SESSION
Full Committee Hearing on Policies and Priorities of the U.S.
Department of Health and Human Services
On July 28, 2015, the Committee held a hearing in
Washington, D.C., on ``Policies and Priorities of the U.S.
Department of Health and Human Services.'' The purpose of the
hearing was to address the policies and priorities of the U.S.
Department of Health and Human Services (HHS). HHS Secretary
Sylvia Mathews Burwell testified before the Committee. In her
testimony, Secretary Burwell addressed the President's budget
proposal to support access to voluntary home visiting programs
that reduce child abuse and neglect.
114TH CONGRESS, SECOND SESSION
Letter to HHS Secretary Burwell
On January 15, 2016, Committee Chairman John Kline (R-MN)
and Early Childhood, Elementary, and Secondary Education
Subcommittee Chairman Todd Rokita (R-IN) sent a letter to
Secretary Burwell regarding monitoring and oversight of the
state assurances required by CAPTA. On March 7, 2016, HHS
responded to the letter, stating that, due to concerns raised,
it had requested states submit more information about their
policies or procedures for the safe care of substance-exposed
infants in the annual state reports for FY 2016. The next
annual state report is due in June 2016.
Full Committee Hearing Examining the Policies and Priorities of the
U.S. Department of Health and Human Services
On March 15, 2016, the Committee held a hearing in
Washington, D.C., on ``Examining the Policies and Priorities of
the U.S. Department of Health and Human Services,'' at which
Secretary Burwell testified. The purpose of this hearing was to
discuss a number of HHS' policies. Chairman Kline joined other
members in questioning Secretary Burwell about the opioid
epidemic, including infant substance exposure and the failure
of states and HHS to fulfill their responsibilities under
CAPTA.
Full Committee Markup of H.R. 4843
On April 28, 2016, the Committee held a markup on H.R.
4843, the Improving Safe Care for the Prevention of Infant
Abuse and Neglect Act. There were three amendments offered:
Amendment in the Nature of a Substitute: Rep. Lou
Barletta (R-PA) offered an amendment in the nature of a
substitute. The amendment (1) changed the bill title to
``Infant Plan of Safe Care Improvement Act;'' (2) clarified HHS
should disseminate information to states about the requirements
of the plan of safe care; (3) clarified substance use disorder
treatment needs should be considered as part of a plan of safe
care to address the health of the infant and affected family
member or caregiver; (4) clarified states should monitor the
use of plans of safe care and whether services are offered and
provided to the infant and family; (5) clarified the rule of
construction to ensure the HHS Secretary does not use
amendments made by H.R. 4843 to create new requirements for
states; and (6) made other technical changes. The amendment was
agreed to by voice vote.
Amendment 1: Rep. Jared Polis (D-CO) offered an
amendment to authorize the National Institutes of Health to
study the medical application of marijuana for pain management.
The amendment was ruled not germane.
Amendment 2: Rep. Polis offered an amendment to
allow state plans to include demonstration projects on
prescription drug technology and unauthorized access to
prescription drugs. The amendment was withdrawn.
H.R. 4843, the Infant Plan of Safe Care Improvement Act, as
amended by the amendment in the nature of a substitute, was
reported favorably by voice vote.
Summary
CAPTA was enacted in 1974 to coordinate federal efforts to
prevent and respond to child abuse and neglect. The law
provides states with resources to improve their child
protective services systems. In order to receive funds under
CAPTA, states are required to assure HHS they have implemented
certain child welfare policies. Such policies include requiring
health care providers to notify state child protective services
agencies when a child is born with prenatal illegal substance
exposure, as well as requiring the development of a ``safe care
plan'' to protect these newborns and keep them and their
caregivers healthy. A Reuters' investigation in December 2015
revealed nearly all states are receiving federal funds without
having these necessary policies in place.\1\
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\1\Wilson, D. and Shiffman, J. (2015, December 7). Helpless and
Hooked. Reuters. Retrieved from http://www.reuters.com
---------------------------------------------------------------------------
In order to strengthen protections for the nation's most
vulnerable population, Rep. Barletta and Rep. Katherine Clark
(D-MA), along with Chairman John Kline, Ranking Member Robert
``Bobby'' Scott (D-VA), Rep. Tim Walberg (R-MI), and Rep.
Polis, introduced H.R. 4843. The legislation helps to combat
this epidemic by doing the following:
Requiring HHS to review and confirm states
have put in place CAPTA policies required under the
law;
Strengthening protections for infants born
with illegal substance exposure by clarifying the
intent of safe care plans and ensuring states have
systems in place to monitor the implementation of these
plans;
Improving accountability related to the care
of infants and their families by requiring additional
information on the incidence of infants born with
illegal substance exposure and their care;
Requiring HHS to provide states with best
practices for developing plans to keep infants and
their caregivers healthy and safe;
Encouraging the use of information made
available through other child welfare laws in verifying
CAPTA compliance; and
Clarifying that nothing in this Act
authorizes the HHS Secretary to add new requirements to
state plans required under section 106(b).
Committee Views
Introduction
Our nation faces an opioid addiction crisis. According to
the Centers for Disease Control and Prevention (CDC), 78
Americans die every day from an opioid overdose.\2\ In
addition, the CDC has found that more than six out of 10 drug
overdoses in the nation involve opioids.\3\ This crisis is
having dire consequences for a staggering number of newborns
annually, with a baby born every 25 minutes suffering from
opioid withdrawal.\4\ According to a year-long Reuters report
in 2015, more than 130,000 infants born in the United States in
the last decade have entered the world hooked on drugs--a
dependency inherited from their mother's drug addiction.\5\
---------------------------------------------------------------------------
\2\Centers for Disease Control and Prevention. Understanding the
Epidemic. http://www.cdc.gov/drugoverdose/epidemic/
\3\Ibid.
\4\National Institute on Drug Abuse, Dramatic Increases in Maternal
Opioid Use and Neonatal Abstinence Syndrome. https://www.drugabuse.gov/
related-topics/trends-statistics/infographics/dramatic-increases-in-
maternal-opioid-use-neonatal-abstinence-syndrome
\5\Centers for Disease Control and Prevention. Understanding the
Epidemic. http://www.cdc.gov/drugoverdose/epidemic/
---------------------------------------------------------------------------
Addressing the epidemic
When infants are born with an addiction, their drug
dependency is called Neonatal Abstinence Syndrome (NAS).
Infants born with NAS suffer through withdrawal, their bodies
shaking and trembling as they gasp for air. Meanwhile, the
infant's mother often continues to struggle with her own
addiction after the child is born. To address this issue, CAPTA
requires health care providers to notify state child protective
services agencies when an infant is born with withdrawal
symptoms or illegal substance exposure. In addition to the
notification, a plan of safe care must also be developed to
address the health and well-being of the infant, including
treatment for the affected family or caregiver. Shockingly,
most states are failing to uphold these statutory requirements,
with sometimes tragic, fatal results.
To address these failures, H.R. 4843 clarifies and
strengthens the statutory requirements in CAPTA pertaining to
plans of safe care and state monitoring to ensure effective
implementation. Additionally, the bill includes important new
data points to ensure states have the information needed to
prevent infant abuse and neglect.
While H.R. 4843 specifically looks at incidents of illegal
substance exposure, the Committee remains concerned about the
effect of legal substance use during pregnancy and the impact
on infants after birth. In particular, opioid addiction is tied
strongly to prescription drug abuse. In 2012, heath care
providers wrote 259 million prescriptions to people for
opioids.\6\ In 2009, an estimated 23,009 delivering mothers
were using or dependent on opioids.\7\ Given this increase, the
Committee will request that the Government Accountability
Office study the impact and prevalence of legal substance abuse
during pregnancy and how infants and their mothers can receive
the best care, as well as make recommendations for the
Committee's consideration to address this troubling issue.
---------------------------------------------------------------------------
\6\Ibid. CDC Guideline for Prescribing Opioid for Chronic Pain--
United States, 2016. http://www.cdc.gov/mmwr/volumes/65/rr/rr6501e1.htm
\7\National Institute on Drug Abuse, Dramatic Increases in Maternal
Opioid Use and Neonatal Abstinence Syndrome. https://www.drugabuse.gov/
related-topics/trends-statistics/infographics/dramatic-increases-in-
maternal-opioid-use-neonatal-abstinence-syndrome
---------------------------------------------------------------------------
Increasing oversight and clarification
In order to ensure states are following the law as written,
H.R. 4843 requires HHS to increase its oversight and confirm
states have established and implemented policies as required in
CAPTA.
H.R. 4843 also explicitly clarifies the intent and purpose
of the safe care plans is to help address the health and
treatment needs of the infant and the affected family or
caregiver. The legislation improves the accountability system
relating to the care of infants and their families by requiring
crucial information related to the incidents of infants born
with illegal substance exposure and their care be reported by
the state. These clarifications will help ensure the infants
are not overlooked nor neglected by the state or health care
providers.
States should not limit their efforts to address the needs
of substance exposed infants and their families to funds
available under CAPTA. As Dr. Cassie Statuto Bevan, a
commissioner on the Commission to Eliminate Child Abuse and
Neglect Fatalities (Commission), stated in her minority report
in the Commission's final report released in March 2016:
It is also important for states to develop
collaborative plans across cabinet-level departments
and funding streams (such as Maternal, Infant & Early
Childhood Home Visiting Programs (MIECHV), M[aternal]
C[hild] H[ealth], SAMHSA [Substance Abuse and Mental
Health Services Administration], and [Social Security
Act] IV-E and IV-B) to support substance-exposed
newborns and their mothers.\8\
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\8\Commission to Eliminate Child Abuse and Neglect Fatalities.
Within Our Reach. https://eliminatechildabusefatalities.sites.usa.gov/
files/2016/03/CECANF-final-report.pdf
The Commission recommended increasing funding to support
the requirements under CAPTA.
Assisting local efforts
In order to facilitate implementation of the requirements
in CAPTA and subsequently H.R. 4843, the legislation requires
the HHS Secretary to provide states with best practices on
developing state plans that seek to ensure the safety of the
infants and their primary caregivers. This provision will
ensure the infants suffering from withdrawal are kept healthy
and safe as they transition to a life without addiction.
Protecting against Federal overreach
In order to ensure the federal government does not overstep
its authority, H.R. 4843 includes a prohibition clarifying the
HHS Secretary cannot add new requirements to section 106(b).
However, the bill maintains the HHS Secretary's ability to
issue guidance, provide technical assistance, promulgate
regulations, and enforce compliance with the requirements of
CAPTA.
Conclusion
America's opioid addiction crisis is harming the livelihood
of its most vulnerable citizens. Infants with NAS are born
suffering constant pain, and they lack the ability to resist
the damaging effects of their mother's addiction. The Committee
remains committed to doing everything in its ability to prevent
these heartbreaking situations and ensure all children have the
protection and care they need. The Committee believes we have a
moral responsibility to do better, and this legislation is an
important step forward.
Section-by-Section
Section 1--Short title
States the short title as the Infant Plan of Safe Care
Improvement Act.
Section 2--Best practices for development of plans of safe care
Further clarifies the HHS Secretary is to maintain and
disseminate information relating to best practices and
requirements for the development of plans of safe care of
infants born and identified as being affected by one of the
following: illegal substance abuse; withdrawal symptoms; or a
Fetal Alcohol Spectrum Disorder.
Section 3--State plans
Updates the state plan requirement to ensure states either
have implemented a law or operate a statewide program relating
to child abuse and neglect that includes the development of a
plan of safe care for infants born with and identified as being
affected by one of the following: illegal substance abuse;
withdrawal symptoms; or a Fetal Alcohol Spectrum Disorder. The
bill further requires the plan to address the health and
addiction treatment needs of the infant and family or
caregiver. It also requires the state to monitor the use of
safe care plans.
Section 4--Data reports
Requires states receiving grants to include in their annual
State Data Report the total number of affected infants; infants
for whom a plan of safe care was developed; and infants for
whom referrals are made for appropriate services, including
services given to the affected family or caregiver. This
section includes a technical amendment related to the inclusion
of an amendment made by the Justice for Victims of Trafficking
Act (P.L. 114-22).
Section 5--Monitoring and oversight
Requires the HHS Secretary to conduct monitoring to ensure
states are in compliance with the requirements related to
receiving a grant. This review will be in addition to the
review of the state's plan upon initial submission and include
monitoring state policies and procedures that prevent child
abuse and neglect. In addition, in order to properly conduct
such a review, the HHS Secretary is authorized to review or
conduct the following, (1) a comparison of activities carried
out by the state to comply with the requirements for state
plans in section 432 of the Social Security Act; (2)
information available on the state's website relating to its
compliance with the requirements for state plans in section
106(b); (3) site visits as necessary; and (4) information
available in the state's most recent Annual Progress and
Services Report.
Section 6--Rule of construction
Prohibits the HHS Secretary or any other officer of the
federal government from adding new requirements to the state
plans or using amendments to CAPTA made by the Act to create
new requirements for state plans.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 4843 will strengthen safety, protections, and
interventions for infants and their families or caregivers by
improving accountability and transparency and encouraging
administrative efficiency.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 4843 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House Rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against. No roll call votes were
requested.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House Rule XIII, the
goals of H.R. 4843 are to strengthen safety, protections, and
interventions for infants and their families or caregivers by
improving accountability and transparency and encouraging
administrative efficiency.
Duplication of Federal Programs
No provision of H.R. 4843 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The committee estimates that enacting H.R. 4843 does not
specifically direct the completion of any specific rule makings
within the meaning of 5 U.S.C. 551.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the committee has received
the following estimate for H.R. 4843 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 6, 2016.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4843, the Infant
Plan of Safe Care Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jennifer
Gray.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4843--Infant Plan of Safe Care Improvement Act
Under the Child Abuse Prevention and Treatment Act (CAPTA),
states that meet the necessary requirements, including the
development of a plan of safe care for any drug-dependent
infants, may receive grants to address child abuse and neglect.
H.R. 4843 would amend CAPTA to require states to carry out
certain activities as part of the plan of safe care, including
determining whether local authorities have the resources
necessary to provide services for a child and family. The
legislation also would require states to report the number of
drug-dependent infants, the number of infants for whom a plan
of safe care has been developed, and the number of infants for
whom a referral has been made for appropriate services.
Finally, H.R. 4843 would require the Department of Health and
Human Services (HHS) to monitor states to ensure compliance
with the bill's requirements and, through the national
clearinghouse for information relating to child abuse, to
maintain and disseminate information regarding the requirements
and best practices for the development of plans of safe care.
Based on information from HHS, CBO estimates that
implementing the legislation would cost less than $500,000
annually for additional personnel to carry out the new
requirements; such spending would be subject to the
availability of appropriated funds. Because enacting this bill
would not affect direct spending or revenues, pay-as-you-go
procedures do not apply. CBO estimates that enacting H.R. 4843
would not increase net direct spending or on-budget deficits in
any of the four consecutive 10-year periods beginning in 2027.
H.R. 4843 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Any costs states incur for complying with new grant
requirements would be incurred voluntarily as a condition of
receiving federal assistance.
On April 11, 2016, CBO transmitted a cost estimate for S.
2687, the Plan of Safe Care Improvement Act, as reported by the
Senate Committee on Health, Education, Labor, and Pensions on
April 4, 2016. The two bills have similar requirements, and the
estimated budgetary effects for both bills are the same.
The CBO staff contact for this estimate is Jennifer Gray.
This estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 4843.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
CHILD ABUSE PREVENTION AND TREATMENT ACT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child Abuse
Prevention and Treatment Act''.
(b) Table of Contents.--The table of contents is as follows:
* * * * * * *
TITLE I--GENERAL PROGRAM
* * * * * * *
Sec. 114. Monitoring and oversight.
* * * * * * *
TITLE I--GENERAL PROGRAM
* * * * * * *
SEC. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD
ABUSE.
(a) Establishment.--The Secretary shall through the
Department, or by one or more contracts of not less than 3
years duration let through a competition, establish a national
clearinghouse for information relating to child abuse and
neglect.
(b) Functions.--The Secretary shall, through the
clearinghouse established by subsection (a)--
(1) maintain, coordinate, and disseminate information
on effective programs, including private and community-
based programs, that have demonstrated success with
respect to the prevention, assessment, identification,
and treatment of child abuse or neglect and hold the
potential for broad-scale implementation and
replication;
(2) maintain, coordinate, and disseminate information
on the medical diagnosis and treatment of child abuse
and neglect;
(3) maintain and disseminate information on best
practices relating to differential response;
(4) maintain and disseminate information about the
best practices used for achieving improvements in child
protective systems;
(5) maintain and disseminate information about the
requirements of section 106(b)(2)(B)(iii) and best
practices relating to the development of plans of safe
care as described in such section for infants born and
identified as being affected by illegal substance abuse
or withdrawal symptoms, or a Fetal Alcohol Spectrum
Disorder;
[(5)] (6) maintain and disseminate information
relating to--
(A) the incidence of cases of child abuse and
neglect in the United States;
(B) the incidence of such cases in
populations determined by the Secretary under
section 105(a)(1) of the Child Abuse
Prevention, Adoption, and Family Services Act
of 1988 (42 U.S.C. 5105 note); and
(C) the incidence of any such cases related
to substance abuse;
[(6)] (7) 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;
[(7)] (8) collect 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,
child welfare, substance abuse treatment
services, and domestic violence services
personnel; and
[(8)] (9) collect and disseminate information, in
conjunction with the National Resource Centers
authorized in section 310(b) of the Family Violence
Prevention and Services Act, on effective programs and
best practices for developing and carrying out
collaboration between entities providing child
protective services and entities providing domestic
violence services.
(c) Coordination With Available Resources.--
(1) In general.--In establishing a national
clearinghouse as required by subsection (a), the
Secretary shall--
(A) consult with other Federal agencies that
operate similar clearinghouses;
(B) consult with the head of each agency
involved with child abuse and neglect on the
development of the components for information
collection and management of such clearinghouse
and on the mechanisms for the sharing of such
information with other Federal agencies and
clearinghouses;
(C) develop a Federal data system involving
the elements under subsection (b) which, to the
extent practicable, coordinates existing
Federal, State, tribal, regional, and local
child welfare data systems which shall
include--
(i) standardized data on false,
unfounded, unsubstantiated, and
substantiated reports;
(ii) information on the number of
deaths due to child abuse and neglect;
(iii) information about the incidence
and characteristics of child abuse and
neglect in circumstances in which
domestic violence is present; and
(iv) information about the incidence
and characteristics of child abuse and
neglect in cases related to substance
abuse;
(D) through a national data collection and
analysis program and in consultation with
appropriate State and local agencies and
experts in the field, collect, compile, and
make available State child abuse and neglect
reporting information which, to the extent
practical, shall be universal and case specific
and integrated with other case-based foster
care and adoption data collected by the
Secretary;
(E) compile, analyze, and publish a summary
of the research conducted under section 104(a);
(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
(G) solicit public comment on the components
of such clearinghouse.
(2) Confidentiality requirement.--In carrying out
paragraph (1)(D), the Secretary shall ensure that
methods are established and implemented to preserve the
confidentiality of records relating to case specific
data.
* * * * * * *
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
(a) Development and Operation Grants.--The Secretary shall
make grants to the States, from allotments made under
subsection (f) for each State that applies for a grant under
this section, for purposes of assisting the States in improving
the child protective services system of each such State in--
(1) the intake, assessment, screening, and
investigation of reports of child abuse or neglect;
(2)(A) creating and improving the use of
multidisciplinary teams and interagency, intra-agency,
interstate, and intrastate protocols to enhance
investigations; and
(B) improving legal preparation and representation,
including--
(i) procedures for appealing and responding
to appeals of substantiated reports of child
abuse or neglect; and
(ii) provisions for the appointment of an
individual appointed to represent a child in
judicial proceedings;
(3) case management, including ongoing case
monitoring, and delivery of services and treatment
provided to children and their families;
(4) enhancing the general child protective system by
developing, improving, and implementing risk and safety
assessment tools and protocols, including the use of
differential response;
(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) developing, strengthening, and facilitating
training including--
(A) training regarding research-based
strategies, including the use of differential
response, to promote collaboration with the
families;
(B) training regarding the legal duties of
such individuals;
(C) personal safety training for case
workers; and
(D) training in early childhood, child, and
adolescent development;
(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) developing, facilitating the use of, and
implementing research-based strategies and training
protocols for individuals mandated to report child
abuse and neglect;
(9) 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;
(C) services necessary to facilitate adoptive
placement of any such infants who have been
relinquished for adoption; and
(D) the use of differential response in
preventing child abuse and neglect;
(10) 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, including the use of
differential response;
(11) developing and enhancing the capacity of
community-based programs to integrate shared leadership
strategies between parents and professionals to prevent
and treat child abuse and neglect at the neighborhood
level;
(12) 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;
(13) supporting and enhancing interagency
collaboration among public health agencies, agencies in
the child protective service system, and agencies
carrying out private community-based programs--
(A) to provide child abuse and neglect
prevention and treatment services (including
linkages with education systems), and the use
of differential response; and
(B) to address the health needs, including
mental health needs, of children identified as
victims of child abuse or neglect;, including
supporting prompt, comprehensive health and
developmental evaluations for children who are
the subject of substantiated child maltreatment
reports; or
(14) developing and implementing procedures for
collaboration among child protective services, domestic
violence services, and other agencies in--
(A) investigations, interventions, and the
delivery of services and treatment provided to
children and families, including the use of
differential response, where appropriate; and
(B) the provision of services that assist
children exposed to domestic violence, and that
also support the caregiving role of their
nonabusing parents.
(b) Eligibility Requirements.--
(1) State plan.--
(A) In general.--To be eligible to receive a
grant under this section, a State shall submit
to the Secretary a State plan that specifies
the areas of the child protective services
system described in subsection (a) that the
State will address with amounts received under
the grant.
(B) Duration of plan.--Each State plan
shall--
(i) remain in effect for the duration
of the State's participation under this
section; and
(ii) be periodically reviewed and
revised as necessary by the State to
reflect changes in the State's
strategies and programs under this
section.
(C) Additional information.--The State shall
provide notice to the Secretary--
(i) of any substantive changes,
including any change to State law or
regulations, relating to the prevention
of child abuse and neglect that may
affect the eligibility of the State
under this section; and
(ii) of any significant changes in
how funds provided under this section
are used to support activities
described in this section, which may
differ from the activities described in
the current State application.
(2) Contents.--A State plan submitted under paragraph
(1) shall contain a description of the activities that
the State will carry out using amounts received under
the grant to achieve the objectives of this title,
including--
(A) an assurance that the State plan, to the
maximum extent practicable, is coordinated with
the State plan under part B of title IV of the
Social Security Act (42 U.S.C. 621 et seq.)
relating to child welfare services and family
preservation and family support services;
(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 to report known and
suspected instances of child abuse and
neglect, including a State law for
mandatory reporting by individuals
required to report such instances;
(ii) policies and procedures
(including appropriate referrals to
child protection service systems and
for other appropriate services) to
address the needs of infants born with
and identified as being affected by
illegal substance abuse or withdrawal
symptoms resulting from prenatal drug
exposure, or a Fetal Alcohol Spectrum
Disorder, including a requirement that
health care providers involved in the
delivery or care of such infants notify
the child protective services system of
the occurrence of such condition in
such infants, except that such
notification shall not be construed
to--
(I) establish a definition
under Federal law of what
constitutes child abuse or
neglect; or
(II) require prosecution for
any illegal action;
(iii) the development of a plan of
safe care for the infant born and
identified as being affected by illegal
substance abuse or withdrawal symptoms,
or a Fetal Alcohol Spectrum Disorder to
ensure the safety and well-being of
such infant following release from the
care of healthcare providers, including
through--
(I) addressing the health and
substance use disorder
treatment needs of the infant
and affected family or
caregiver; and
(II) the development and
implementation by the State of
monitoring systems regarding
the implementation of such
plans to determine whether and
in what manner local entities
are providing, in accordance
with State requirements,
referrals to and delivery of
appropriate services for the
infant and affected family or
caregiver;
(iv) procedures for the immediate
screening, risk and safety assessment,
and prompt investigation of such
reports;
(v) triage procedures, including the
use of differential response, for the
appropriate referral of a child not at
risk of imminent harm to a community
organization or voluntary preventive
service;
(vi) procedures for immediate steps
to be taken to ensure and protect the
safety of a victim of child abuse or
neglect and of any other child under
the same care who may also be in danger
of child abuse or neglect and ensuring
their placement in a safe environment;
(vii) provisions for immunity from
prosecution under State and local laws
and regulations for individuals making
good faith reports of suspected or
known instances of child abuse or
neglect;
(viii) methods to preserve the
confidentiality of all records in order
to protect the rights of the child and
of the child's parents or guardians,
including requirements ensuring that
reports and records made and maintained
pursuant to the purposes of this Act
shall only be made available to--
(I) individuals who are the
subject of the report;
(II) Federal, State, or local
government entities, or any
agent of such entities, as
described in clause (ix);
(III) child abuse citizen
review panels;
(IV) child fatality review
panels;
(V) a grand jury or court,
upon a finding that information
in the record is necessary for
the determination of an issue
before the court or grand jury;
and
(VI) other entities or
classes of individuals
statutorily authorized by the
State to receive such
information pursuant to a
legitimate State purpose;
(ix) provisions to require a State to
disclose 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
child abuse and neglect;
(x) provisions which allow for public
disclosure of the findings or
information about the case of child
abuse or neglect which has resulted in
a child fatality or near fatality;
(xi) the cooperation of State law
enforcement officials, court of
competent jurisdiction, and appropriate
State agencies providing human services
in the investigation, assessment,
prosecution, and treatment of child
abuse and neglect;
(xii) provisions requiring, and
procedures in place that facilitate the
prompt expungement of any records that
are accessible to the general public or
are used for purposes of employment or
other background checks in cases
determined to be unsubstantiated or
false, except that nothing in this
section shall prevent State child
protective services agencies from
keeping information on unsubstantiated
reports in their casework files to
assist in future risk and safety
assessment;
(xiii) provisions and procedures
requiring that in every case involving
a victim of child abuse or neglect
which results in a judicial proceeding,
a guardian ad litem, who has received
training appropriate to the role,
including training in early childhood,
child, and adolescent development, and
who may be an attorney or a court
appointed special advocate who has
received training appropriate to that
role (or both), shall be appointed to
represent the child in such
proceedings--
(I) to obtain first-hand, a
clear understanding of the
situation and needs of the
child; and
(II) to make recommendations
to the court concerning the
best interests of the child;
(xiv) the establishment of citizen
review panels in accordance with
subsection (c);
(xv) provisions, procedures, and
mechanisms--
(I) for the expedited
termination of parental rights
in the case of any infant
determined to be abandoned
under State law; and
(II) by which individuals who
disagree with an official
finding of child abuse or
neglect can appeal such
finding;
(xvi) provisions, procedures, and
mechanisms that assure that the State
does not require reunification of a
surviving child with a parent who has
been found by a court of competent
jurisdiction--
(I) to have committed murder
(which would have been an
offense under section 1111(a)
of title 18, United States
Code, if the offense had
occurred in the special
maritime or territorial
jurisdiction of the United
States) of another child of
such parent;
(II) to have committed
voluntary manslaughter (which
would have been an offense
under section 1112(a) of title
18, United States Code, if the
offense had occurred in the
special maritime or territorial
jurisdiction of the United
States) of another child of
such parent;
(III) to have aided or
abetted, attempted, conspired,
or solicited to commit such
murder or voluntary
manslaughter;
(IV) to have committed a
felony assault that results in
the serious bodily injury to
the surviving child or another
child of such parent;
(V) to have committed sexual
abuse against the surviving
child or another child of such
parent; or
(VI) to be required to
register with a sex offender
registry under section 113(a)
of the Adam Walsh Child
Protection and Safety Act of
2006 (42 U.S.C. 16913(a));
(xvii) an assurance that, upon the
implementation by the State of the
provisions, procedures, and mechanisms
under clause (xvi), conviction of any
one of the felonies listed in clause
(xvi) constitute grounds under State
law for the termination of parental
rights of the convicted parent as to
the surviving children (although case-
by-case determinations of whether or
not to seek termination of parental
rights shall be within the sole
discretion of the State);
(xviii) 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 or
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;
(xix) provisions addressing the
training of representatives of the
child protective services system
regarding the legal duties of the
representatives, which may consist of
various methods of informing such
representatives of such duties, in
order to protect the legal rights and
safety of children and families from
the initial time of contact during
investigation through treatment;
(xx) provisions and procedures for
improving the training, retention, and
supervision of caseworkers;
(xxi) provisions and procedures for
referral of a child under the age of 3
who is involved in a substantiated case
of child abuse or neglect to early
intervention services funded under part
C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.);
(xxii) provisions and procedures for
requiring criminal background record
checks that meet the requirements of
section 471(a)(20) of the Social
Security Act (42 U.S.C. 671(a)(20)) for
prospective foster and adoptive parents
and other adult relatives and non-
relatives residing in the household;
and
(xxiii) provisions for systems of
technology that support the State child
protective service system described in
subsection (a) and track reports of
child abuse and neglect from intake
through final disposition;
(C) an assurance that the State has in place
procedures for responding to the reporting of
medical neglect (including instances of
withholding of medically indicated treatment
from infants with disabilities who have life-
threatening conditions), procedures or
programs, or both (within the State child
protective services system), to provide for--
(i) coordination and consultation
with individuals designated by and
within appropriate health-care
facilities;
(ii) prompt notification by
individuals designated by and within
appropriate health-care facilities of
cases of suspected medical neglect
(including instances of withholding of
medically indicated treatment from
infants with disabilities who have
life-threatening conditions); and
(iii) authority, under State law, for
the State child protective services
system to pursue any legal remedies,
including the authority to initiate
legal proceedings in a court of
competent jurisdiction, as may be
necessary to prevent the withholding of
medically indicated treatment from
infants with disabilities who have
life-threatening conditions;
(D) a description of--
(i) the services to be provided under
the grant to individuals, families, or
communities, either directly or through
referrals aimed at preventing the
occurrence of child abuse and neglect;
(ii) the training to be provided
under the grant to support direct line
and supervisory personnel in report
taking, screening, assessment, decision
making, and referral for investigating
suspected instances of child abuse and
neglect;
(iii) the training to be provided
under the grant for individuals who are
required to report suspected cases of
child abuse and neglect;
(iv) policies and procedures
encouraging the appropriate involvement
of families in decisionmaking
pertaining to children who experienced
child abuse or neglect;
(v) policies and procedures that
promote and enhance appropriate
collaboration among child protective
service agencies, domestic violence
service agencies, substance abuse
treatment agencies, and other agencies
in investigations, interventions, and
the delivery of services and treatment
provided to children and families
affected by child abuse or neglect,
including children exposed to domestic
violence, where appropriate; and
(vi) policies and procedures
regarding the use of differential
response, as applicable;
(E) an assurance or certification that the
programs or projects relating to child abuse
and neglect carried out under part B of title
IV of the Social Security Act (42 U.S.C. 621 et
seq.) comply with the requirements set forth in
paragraph (1) and this paragraph;
(F) an assurance or certification that
programs and training conducted under this
title address the unique needs of unaccompanied
homeless youth, including access to enrollment
and support services and that such youth are
eligible for under parts B and E of title IV of
the Social Security Act (42 U.S.C. 621 et seq.,
670 et seq.) and meet the requirements of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.); and
(G) an assurance that the State, in
developing the State plan described in
paragraph (1), has collaborated with community-
based prevention agencies and with families
affected by child abuse or neglect.
Nothing in subparagraph (B) 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, except that such
policies shall, at a minimum, ensure the safety and
well-being of the child, parents, and families.
(3) Limitation.--With regard to clauses (vi) and
(vii) of paragraph (2)(B), nothing in this section
shall be construed as restricting the ability of a
State to refuse to disclose identifying information
concerning the individual initiating a report or
complaint alleging suspected instances of child abuse
or neglect, except that the State may not refuse such a
disclosure where a court orders such disclosure after
such court has reviewed, in camera, the record of the
State related to the report or complaint and has found
it has reason to believe that the reporter knowingly
made a false report.
(4) Definitions.--For purposes of this subsection--
(A) the term ``near fatality'' means an act
that, as certified by a physician, places the
child in serious or critical condition; and
(B) the term ``serious bodily injury'' means
bodily injury which involves substantial risk
of death, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or
impairment of the function of a bodily member,
organ, or mental faculty.
(c) Citizen Review Panels.--
(1) Establishment.--
(A) In general.--Except as provided in
subparagraph (B), each State to which a grant
is made under this section shall establish not
less than 3 citizen review panels.
(B) Exceptions.--
(i) Establishment of panels by states
receiving minimum allotment.--A State
that receives the minimum allotment of
$175,000 under section 203(b)(1)(A) for
a fiscal year shall establish not less
than 1 citizen review panel.
(ii) Designation of existing
entities.--A State may designate as
panels for purposes of this subsection
one or more existing entities
established under State or Federal law,
such as child fatality panels or foster
care review panels, if such entities
have the capacity to satisfy the
requirements of paragraph (4) and the
State ensures that such entities will
satisfy such requirements.
(2) Membership.--Each panel established pursuant to
paragraph (1) shall be composed of volunteer members
who are broadly representative of the community in
which such panel is established, including members who
have expertise in the prevention and treatment of child
abuse and neglect, and may include adult former victims
of child abuse or neglect.
(3) Meetings.--Each panel established pursuant to
paragraph (1) shall meet not less than once every 3
months.
(4) Functions.--
(A) In general.--Each panel established
pursuant to paragraph (1) shall, by examining
the policies, procedures, and practices of
State and local agencies and where appropriate,
specific cases, evaluate the extent to which
State and local child protection system
agencies are effectively discharging their
child protection responsibilities in accordance
with--
(i) the State plan under subsection
(b);
(ii) the child protection standards
set forth in subsection (b); and
(iii) any other criteria that the
panel considers important to ensure the
protection of children, including--
(I) a review of the extent to
which the State and local child
protective services system is
coordinated with the foster
care and adoption programs
established under part E of
title IV of the Social Security
Act (42 U.S.C. 670 et seq.);
and
(II) a review of child
fatalities and near fatalities
(as defined in subsection
(b)(4)).
(B) Confidentiality.--
(i) In general.--The members and
staff of a panel established under
paragraph (1)--
(I) shall not disclose to any
person or government official
any identifying information
about any specific child
protection case with respect to
which the panel is provided
information; and
(II) shall not make public
other information unless
authorized by State statute.
(ii) Civil sanctions.--Each State
that establishes a panel pursuant to
paragraph (1) shall establish civil
sanctions for a violation of clause
(i).
(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).
(5) State assistance.--Each State that establishes a
panel pursuant to paragraph (1)--
(A) shall provide the panel access to
information on cases that the panel desires to
review if such information is necessary for the
panel to carry out its functions under
paragraph (4); and
(B) shall provide the panel, upon its
request, staff assistance for the performance
of the duties of the panel.
(6) Reports.--Each panel established under paragraph
(1) shall prepare and make available to the State and
the public, on an annual basis, a report containing a
summary of the activities of the panel 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 State
and local child protection systems and the citizen
review panel 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.--Each State to which a grant
is made under this section shall annually work with the
Secretary to provide, to the maximum extent practicable, a
report that includes the following:
(1) The number of children who were reported to the
State during the year as victims of child abuse or
neglect.
(2) Of the number of children described in paragraph
(1), the number with respect to whom such reports
were--
(A) substantiated;
(B) unsubstantiated; or
(C) determined to be false.
(3) Of the number of children described in paragraph
(2)--
(A) the number that did not receive services
during the year under the State program funded
under this section or an equivalent State
program;
(B) the number that received services during
the year under the State program funded under
this section or an equivalent State program;
and
(C) the number that were removed from their
families during the year by disposition of the
case.
(4) The number of families that received preventive
services, including use of differential response, from
the State during the year.
(5) The number of deaths in the State during the year
resulting from child abuse or neglect.
(6) Of the number of children described in paragraph
(5), the number of such children who were in foster
care.
(7)(A) The number of child protective service
personnel responsible for the--
(i) intake of reports filed in the previous
year;
(ii) screening of such reports;
(iii) assessment of such reports; and
(iv) investigation of such reports.
(B) The average caseload for the workers described in
subparagraph (A).
(8) The agency response time with respect to each
such report with respect to initial investigation of
reports of child abuse or neglect.
(9) The response time with respect to the provision
of services to families and children where an
allegation of child abuse or neglect has been made.
(10) For child protective service personnel
responsible for intake, screening, assessment, and
investigation of child abuse and neglect reports in the
State--
(A) information on the education,
qualifications, and training requirements
established by the State for child protective
service professionals, including for entry and
advancement in the profession, including
advancement to supervisory positions;
(B) data on the education, qualifications,
and training of such personnel;
(C) demographic information of the child
protective service personnel; and
(D) information on caseload or workload
requirements for such personnel, including
requirements for average number and maximum
number of cases per child protective service
worker and supervisor.
(11) The number of children reunited with their
families or receiving family preservation services
that, within five years, result in subsequent
substantiated reports of child abuse or neglect,
including the death of the child.
(12) The number of children for whom individuals were
appointed by the court to represent the best interests
of such children and the average number of out of court
contacts between such individuals and children.
(13) The annual report containing the summary of the
activities of the citizen review panels of the State
required by subsection (c)(6).
(14) The number of children under the care of the
State child protection system who are transferred into
the custody of the State juvenile justice system.
(15) The number of children referred to a child
protective services system under subsection
(b)(2)(B)(ii).
(16) The number of children determined to be eligible
for referral, and the number of children referred,
under subsection (b)(2)(B)(xxi), to agencies providing
early intervention services under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.).
(17)(A) The number of infants identified under
subsection (b)(2)(B)(ii).
(B) The number of infants for whom a plan of safe
care was developed under subsection (b)(2)(B)(iii).
(C) The number of infants for whom a referral was
made for appropriate services, including services for
the affected family or caregiver, under subsection
(b)(2)(B)(iii).
[Section 4(a) of H.R. 4843 (as reported) provides for an
amendment to add at the end of section 106(d) of the Child
Abuse Prevention and Treatment Act a new paragraph (17) (shown
above). Subsection (b) of such section 4 provides that
effective on May 29, 2017, paragraph (17) (as added by
subsection (a)) is redesignated as paragraph (18). The
following reflects the proposed amendment as in effect on such
date.]
[(17)] (18)(A) The number of infants identified under
subsection (b)(2)(B)(ii).
(B) The number of infants for whom a plan of safe
care was developed under subsection (b)(2)(B)(iii).
(C) The number of infants for whom a referral was
made for appropriate services, including services for
the affected family or caregiver, under subsection
(b)(2)(B)(iii).
(e) Annual Report by the Secretary.--Within 6 months after
receiving the State reports under subsection (d), the Secretary
shall prepare a report based on information provided by the
States for the fiscal year under such subsection and shall make
the report and such information available to the Congress and
the national clearinghouse for information relating to child
abuse and neglect.
(f) Allotments.--
(1) Definitions.--In this subsection:
(A) Fiscal year 2009 grant funds.--The term
``fiscal year 2009 grant funds'' means the
amount appropriated under section 112 for
fiscal year 2009, and not reserved under
section 112(a)(2).
(B) Grant funds.--The term ``grant funds''
means the amount appropriated under section 112
for a fiscal year and not reserved under
section 112(a)(2).
(C) State.--The term ``State'' means each of
the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(D) Territory.--The term ``territory'' means
Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern
Mariana Islands.
(2) In general.--Except as otherwise provided in this
section, the Secretary shall make allotments to each
State and territory that applies for a grant under this
section in an amount equal to the sum of--
(A) $50,000; and
(B) an amount that bears the same
relationship to any grant funds remaining after
all such States and territories have received
$50,000, as the number of children under the
age of 18 in the State or territory bears to
the number of such children in all States and
territories that apply for such a grant.
(3) Allotments for decreased appropriation years.--In
the case where the grant funds for a fiscal year are
less than the fiscal year 2009 grant funds, the
Secretary shall ratably reduce each of the allotments
under paragraph (2) for such fiscal year.
(4) Allotments for increased appropriation years.--
(A) Minimum allotments to states for
increased appropriations years.--In any fiscal
year for which the grant funds exceed the
fiscal year 2009 grant funds by more than
$1,000,000, the Secretary shall adjust the
allotments under paragraph (2), as necessary,
such that no State that applies for a grant
under this section receives an allotment in an
amount that is less than--
(i) $100,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by more than
$1,000,000 but less than $2,000,000;
(ii) $125,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by at least
$2,000,000 but less than $3,000,000;
and
(iii) $150,000, for a fiscal year in
which the grant funds exceed the fiscal
year 2009 grant funds by at least
$3,000,000.
(B) Allotment adjustment.--In the case of a
fiscal year for which subparagraph (A) applies
and the grant funds are insufficient to satisfy
the requirements of such subparagraph (A),
paragraph (2), and paragraph (5), the Secretary
shall, subject to paragraph (5), ratably reduce
the allotment of each State for which the
allotment under paragraph (2) is an amount that
exceeds the applicable minimum under
subparagraph (A), as necessary to ensure that
each State receives the applicable minimum
allotment under subparagraph (A).
(5) Hold harmless.--Notwithstanding paragraphs (2)
and (4), except as provided in paragraph (3), no State
or territory shall receive a grant under this section
in an amount that is less than the amount such State or
territory received under this section for fiscal year
2009.
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SEC. 114. MONITORING AND OVERSIGHT.
The Secretary shall conduct monitoring to ensure that each
State that receives a grant under section 106 is in compliance
with the requirements of section 106(b), which--
(1) shall--
(A) be in addition to the review of the State
plan upon its submission under section
106(b)(1)(A); and
(B) include monitoring of State policies and
procedures required under clauses (ii) and
(iii) of section 106(b)(2)(B); and
(2) may include--
(A) a comparison of activities carried out by
the State to comply with the requirements of
section 106(b) with the State plan most
recently approved under section 432 of the
Social Security Act;
(B) a review of information available on the
Website of the State relating to its compliance
with the requirements of section 106(b);
(C) site visits, as may be necessary to carry
out such monitoring; and
(D) a review of information available in the
State's Annual Progress and Services Report
most recently submitted under section 1357.16
of title 45, Code of Federal Regulations (or
successor regulations).
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