Discuss the Child Abuse Prevention and Treatment Act (CAPTA) with your classmates. Using the appropriate terminology, examine the background, participants, and historical significance of this law in relation to the child abuse risk assessments used by tod
The Child Abuse Praevention and Treatfent Act Including AdoptionT Opportunities & Tfe Abandoned InfantsT Assistance Act As Abended by P.L. 111-320 Tfe CAPTA Reautforization AcTt of 2010 1 Child Abuse Prevention and Treatment Act as Amended by P.L. 111-320, the CAPTA Reauthorization Act of 2010 T ABLE OF CONTENTS Page 1. Introduction. 3 2. Summary. 4 SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT Sec. 1 Short title. 5 Sec. 2 Congressi onal findings. 5 Sec. 3 General definitions. 6 Title I — GENERAL PROGRAM Sec. 101 Office on Child Abuse and Neglect. 7 Sec. 102 Advisory board on child abuse and neglect. 7 Sec. 103 National clearinghouse for information relating to child abuse. 8 Sec . 104 Research and assistance activities and demonstrations. 9 Sec. 105 Grants to States, Indian tribes or tribal organizations, and public or private agencies and organizations. 14 Sec. 106 Grants to States for child abuse or neglect prevention and trea tment programs. 17 Sec. 107 Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases. 27 Sec. 108 Miscellaneous requirements relating to assistance. 29 Sec. 109 Coordination of child abuse and neglect pro grams. 29 Sec. 110 Reports. 30 Sec. 111 Definitions. 31 Sec. 112 Authorization of appropriations. 32 Sec. 113 Rule of construction. 32 2 Title II—COMMUNITY- BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE OR NEGLECT Sec. 201 Purpose and authority. 32 Sec. 202 Eligibility. 34 Sec. 203 Amount of grant. 35 Sec. 204 Application. 36 Sec. 205 Local program requirements. 37 Sec. 206 Performance measures. 38 Sec. 207 National network for community -based family resource programs. 38 Sec. 208 Definitions. 39 Sec. 209 Authorization of appropriations. 39 SECTION II: ADOPTION OPPORTUNITIES (Section numbers reflect the Child Abuse Prevention and Adoption Reform Act of 1978) Sec. 201 Congressional findings and declaration of purpose. 39 Sec. 203 Informatio n and services. 41 Sec. 204 Study and report of unlicensed or unregulated adoption placements. 44 Sec. 205 Authorization of appropriations. 45 SECTION I II: THE ABANDONED INFANTS ASSISTANCE ACT (AIAA) Sec. 1 Short title. 45 Sec. 2 Findings. 45 Sec. 1 01 Establishment of local projects. 46 Sec. 102 Evaluations, studies, and reports by secretary. 48 Sec. 201 Definitions. 48 Sec. 302 Authorization of appropriations. 48 3 1. INTRODUCTION The basis for government’s intervention in child maltreatment is grounded in the concept of parens patriae —a legal term that asserts that government has a role in protecting the interests of children and in intervening when parents fail to provide proper care. Beginning in the late 19th century, States and local juris dictions started initiating mechanisms to assist and protect children. Then in 1912, the Federal Government established the Children’s Bureau to guide Federal programs that were designed to support State child welfare programs as well as to direct Federal aid to families, which began with the passage of the Social Security Act (SSA) in 1935. The child welfare policy of the SSA layered Federal funds over existing State -supervised and administered programs that were already in place. It has long been recognized that parents have a fundamental liberty, protected by the Constitution, to raise their children as they choose. The legal framework regarding the parent -child relationship balances the rights and responsibilities among the parents, the child, and the St ate, as guided by Federal statutes. This parent -child relationship identifies certain rights, duties, and obligations, including the responsibility of the parents to protect the child’s safety and well -being. If parents, however, are unable or unwilling to meet this responsibility, the State has the power and authority to take action to protect the child from harm. Over the past several decades, Congress has passed significant pieces of legislation that support the States’ duty and power to act on behalf of children when parents are unable or unwilling to do so. The Child Abuse Prevention and Treatment Act (CAPTA) is one of the key pieces of legislation that guides child protection. CAPTA, in its original inception, was signed into law on January 31, 1974 (P .L. 93-247). It was reauthorized in 1978, 1984, 1988, 1992, 1996, and 2003, and with each reauthorization, amendments have been made to CAPTA that have expanded and refined the scope of the law. CAPTA was most recently reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010 (P.L. 111-320). This booklet presents CAPTA as amended by the CAPTA Reauthorization Act of 2010. The booklet also contains the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended. To view t he full text of the Act, as well as other legislation relevant to child welfare policy and practice, visit http://thomas.loc.gov or the website of Child Welfare Information Gateway at www.childwelfare.gov/systemwide/laws_policies/federal . NOTE CAREFULLY: The updated text of the Child Abuse Prevention and Treatment Act that follows is an unofficial version. It has been prepared based on the changes to the Act in P.L. 111-320, the CAPTA Reauthorization Act of 2010, to help States and other organizations as they prepare budgets, reports, and applications. This document is not an official government document and may not be cited as an authoritative source. The official version will be published by the U.S. House of Representatives and will be available at http://uscode.house.gov/download/download.shtml . The complete text of the law (U.S. Code title 42, chapter 67 ) will also be available from the Cornell University Legal Information Institute website : http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_0 1_42_10_67.html 4 2. SUMMARY Legislative Authority: Child Abuse Prevention and Treatment Act, as amended U.S. Code Citation: 42 U.S.C. 5101 et seq; 42 U.S.C. 5116 et seq. ACF Regulations: 45 CFR 1340 Summary of Legislative History: The Child Abuse Preve ntion and Treatment Act (CAPTA, P.L. 93-247) was originally enacted in 1974 and was later amended by the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (P.L. 95 -266, 4/24/78). The law was completely rewritten in the Child Abuse Preven tion, Adoption and Family Services Act of 1988 (P.L. 100 -294, 4/25/88). It was further amended by the Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126, 10/25/89) and the Drug Free School Amendments of 1989 (P.L. 101- 226, 12/12/89). The Community- Based Child Abuse and Neglect Prevention Grants program was originally authorized by sections 402 through 409 of the Continuing Appropriations Act for FY 1985 (P.L. 98- 473, 10/12/84). The Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101- 126) transferred this program to the Child Abuse Prevention and Treatment Act, as amended. A new title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness, was added to the Child Abuse and Neglect Prevention and Treatment Act by the Stewart B. McKinney Homeless Assistance Act Amendments of 1990 (P.L. 101 -645, 11/29/90). The Child Abuse Prevention and Treatment Act was amended and reauthorized by the Child Abuse, Domest ic Violence, Adoption, and Family Services Act of 1992 (P.L. 102- 295, 5/28/92) and amended by the Juvenile Justice and Delinquency Prevention Act Amendments of 1992 (P.L. 102- 586, 11/4/92). CAPTA was amended by the Older American Act Technical Amendments o f 1993 (P.L. 103-171, 12/2/93) and the Human Services Amendments of 1994 (P.L. 103 -252, 5/19/94). CAPTA was further amended by the Child Abuse Prevention and Treatment Act Amendments of 1996 (P.L. 104-235, 10/3/96), which amended title I, replaced the title II Community- Based Family Resource Centers program with a new Community- Based Family Resource and Support Program and repealed title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness. In 2003, CA PTA was reauthorized and amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36, 6/25/03). CAPTA was most recently reauthorized and amended in 2010 by the CAPTA Reauthorization Act of 2010. 5 SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT Sec. 1. SHORT TITLE. This Act may be cited as the “Child Abuse Prevention and Treatment Act of 2010.” Sec. 2. CONGRESSIONAL FINDINGS. [42 U.S.C. 5101, Note] Congress finds that — 1. in fiscal year 2008, approximately 772,000 children were found by States to be victims of child abuse and neglect; 2. A. more children suffer neglect than any other form of maltreatment and close to 1/3 of all child maltreatment -related fatalities in fiscal year 2008 were attributed to neglect alone; and B. investigations have determined that approximately 71 percent of children who were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent suffered physical abuse, 9 percent suffered sexual abuse, 7 percent suffered psychological maltreatment, 2 percent experienc ed medical neglect, and 9 percent were victims of other forms of maltreatment; 3. A. child abuse or neglect can result in the death of a child; B. in fiscal year 2008, an estimated 1,740 children were counted by child protection services to have died as a result of abuse and neglect; and C. in fiscal year 2008, children younger than 1 year old comprised 45 percent of child maltreatment fatalities and 72 percent of child maltreatment fatalities were younger than 4 years of age; 4. A. many of these children and their fam ilies fail to receive adequate protection and treatment; and B. approximately 37 percent of victims of child abuse did not receive post -investigation services in fiscal year 2008; 5. African -American children, American Indian children, Alaska native children, an d children of multiple races and ethnicities experience the highest rates of child abuse or neglect; 6. the problem of child abuse and neglect requires a comprehensive approach that — A. integrates the work of social service, legal, health, mental health, domest ic violence services, education, and substance abuse agencies and community -based organizations; B. strengthens coordination among all levels of government, and with private agencies, civic, religious, and professional organizations, and individual volunteers ; C. emphasizes the need for abuse and neglect prevention, assessment, investigation, and treatment at the neighborhood level; D. recognizes the need for properly trained staff with the qualifications needed to carry out their child protection duties; and E. recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may impact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect; 7. the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible expenditures, as well as significant intangible costs; 6 8. all elements of American society have a shared responsibility in responding to child abuse and neglect; 9. substantial reductions in the prevalence and incidence of child abuse and neglect and the alleviation of its consequences are matters of the highest national priority; 10. national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunification of families where appropriate; 11. the child protection system should be com prehensive, child centered, family-focused, and community- based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re -integratio n in an environment that fosters the health, safety, self respect , and dignity of the child; 12. because both child maltreatment and domestic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention procedures aimed at enhancing the safety both of children and victims of domestic violence; 13. because of the limited resources available in low -income communities, Federal aid for the child protection system should be distributed with due regard to the relative financial need of the communities; 14. the Federal Government should assist States and communities with the fiscal, human, and technical resources necessary to develop and implement a successful and comprehensive child and family protection strategy; and 15. the Federal Government should provide leadership and assist communities in their child and family protection efforts by— A. promoting coordinated planning among all levels of government; B. generating and sharing knowledge relevant to child and family protection, including the development of models for service delivery; C. strengthening the capacity of States to assist communities; D. allocating financial resources to assist States in implementing community plans; E. helping communities to ca rry out their child and family protection plans by promoting the competence of professional, paraprofessional, and volunteer resources; and F. providing leadership to end the abuse and neglect of the nation’s children and youth. SEC. 3. GENERAL DEFINITIONS . In this Act — 1. the term ‘child’ means a person who has not attained the lesser of — A. the age of 18; or B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides; 2. the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm; 3. the term ‘child with a disability’ means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act (20 24 U.S.C. 1401), or an infant or toddler with a disability as defined in section 632 of such Act (20 2 U.S.C. 1432); 4. the term ‘Governor’ means the chief executive officer of a State; 5. the terms ‘Indian’, ‘Indian tribe’, and ‘tribal organization’ have the meanings given the terms in section 4 of the Indian Self -Determination and Education Assistance Act (25 U. S.C. 450b); 6. the term ‘Secretary’ means the Secretary of Health and Human Services; 7 7. except as provided in section 106(f), the term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and 8. the term ‘unaccompanied homeless youth’ means an individual who is described in paragraphs (2) and (6) of section 725 of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11434 a). Title I – GENERAL PROGRAM Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5101] a. ESTABLISHMENT. —The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect. b. PURPOSE. —The purpose of the Office established under subsection (a) of this section shall be to execute and coordinate the functions and activities of this Act. In the event that such functions and activities are performed by another entity or entities within the Department of Healt h and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involve d in child abuse and neglect activities. Sec. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5102] a. APPOINTMENT. —The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect. b. SOLICITATION OF NOMINATIONS. —The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a). c. COMPO SITION.—In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent — 1. law (including the judiciary); 2. psychology (including child development); 3. social services (including child protective services); 4. health care providers (including pediatricians) 5. State and local government; 6. organizations providing services to disabled persons; 7. organizations providing services to adolescents; 8. teachers; 9. parent self -help organizations; 10. parents’ groups; 11. voluntary groups; 12. family rights groups; 13. children ’s rights advocates; and 14. Indian tribes or tribal organizations. d. VACANCIES. —Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made. e. ELECTION OF OFFICERS. —The board shall elect a chairperson and vice -chairperson at its first meeting from among the members of the board. 8 f. DUTIES. —Not later than 1 year after the establishment of the board under subsection (a), the board shall submit to the Secretary and the appropriate committees of Congress a repo rt, or interim report, containing — 1. recommendations on coordinating Federal, State, tribal, and local child abuse and neglect activities with similar activities at the Federal, State, tribal, and local level pertaining to family violence prevention; 2. specific modifications needed in Federal, State, and tribal laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhancing the ability to identify and substantiate legitimate cases of child abuse or negle ct which place a child in danger; and 3. recommendations for modifications needed to facilitate coordinated national data collection with respect to child protection and child welfare. Sec. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE. [42 U.S.C. 5104] 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. FUN CTIONS. —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 th e 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 related to differential response; 4. maintain and disseminate information about best practices used for achieving improvements in child protective systems; 5. maintain and disseminate informati on 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. provide technical assistance upon request that may include an evaluation or identification of— A. various methods and procedures for the investigation, assessment, and pr osecution 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. collect and disseminate information relating to various training resources avai lable 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, lega l, judicial, mental health, education, child welfare, substance abuse treatment services, and domestic violence personnel and; C. 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 9 carrying out collaboration between entities providing child protective services and entities providing domestic violence services. c. COORDINATION WITH AVAILABL E 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 invol ving 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 substanti ated 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 av ailable 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 victims of child abuse or neglect; 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. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. [42 U.S.C. 5105] a. RESEARCH. — 1. TOPICS. —The Secretary shall, in consultation with other Federal agencies and recognized e xperts in the field, carry out a continuing interdisciplinary program of research, including longitudinal research, that is designed to provide information needed to better protect children from child abuse or neglect and to improve the well- being of victi ms of child abuse or neglect, with at least a portion of such research being field initiated. Such research program may focus on— A. the nature and scope of child abuse and neglect; B. causes, prevention, assessment, identification, treatment, cultural and soci o- economic distinctions, and the consequences of child abuse and neglect, including the effects of child abuse and neglect on a child’s development and the 10 identification of successful early intervention services or other services that are needed; C. effectiv e approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or neglect with their parents or primary caregivers in circumstances where reunification is appropriate; D. appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisciplinary, coordinated decision making procedures with respect to cases of child abuse and neglect; E. the evaluation and dissemination of best practices, including best practices to meet the needs of special populations, consistent with the goals of achieving improvements in child protective services systems of the States in accordance with paragraphs (1) through (14) of section 106(a); F. effective approaches to interagency collaborati on between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; G. effective practices and prog rams to improve activities such as identification, screening, medical diagnosis, forensic diagnosis, health evaluations, and services, including activities that promote collaboration between — i. the child protective service system; and ii. (I) the medical communi ty, including providers of mental health and developmental disability services; and (II) providers of early childhood intervention services and special education for children who have been victims of child abuse or neglect; H. an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources; I. effective collaborations, between the child protective system and domestic violence service providers, that provide for the safety of children exposed to domestic violence and their non -abusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families; J. the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low -income children who need health services, including mental health services; K. the impact of child abuse and neglect on the incidence and progression of disabilities; L. the nature and scope of effective practices rel ating to differential response, including an analysis of best practices conducted by the States; M. child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawaiians, including providing recommendations for improving the collection of child abuse and neglect data for Indian tribes and Native Hawaiian communities; N. the information on the national incidence of child abuse and neglect specified in clauses (i) through (x) of subparagraph (O); and O. the national incidence of child abuse and neglect, including— i. the extent to which incidents of child abuse and neglect are increasing or decreasing in number and severity; ii. the incidence of substantiated and unsubstantiated reported child abuse and neglect cases; 11 iii. the number of substantiated cases that resu lt in a judicial finding of child abuse or neglect or related criminal court convictions; iv. the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect; v. the extent to which the lack of adequate resources and the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse and neglect; vi. the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement; vii. the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect; viii. the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; ix. the incidence and prevalence of child maltrea tment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandpa rents as caregivers, labor force status, work status in previous year, and income in previous year; x. the extent to which reports of suspected or known instances of child abuse or neglect involving a potential combination of jurisdictions, such as intrastat e, interstate, Federal -State, and State -Tribal, are being screened out solely on the basis of the cross- jurisdictional complications; and xi. the incidence and outcomes of child abuse and neglect allegations reported within the context of divorce, custody, or other family court proceedings, and the interaction between this venue and the child protective services system. 2. RESEARCH. —The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in clauses (i) through (xi) of paragraph (1)(O). 3. REPORT. —Not later than 4 years after the date of the enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2). 4. PRIORITIES. — A. IN GENERAL. — The Secretary shall establish research priorities for making grants or contracts for purposes of carrying out paragraph (1). B. PUBLIC COMMENT. — Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2010, and every 2 years thereafter, th e Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph (A) and maintain an official record of such public comment. 5. STUDY ON SHAKEN BABY SYNDROME.— The Secretary shall conduct a study that – A. identif ies data collected on shaken baby syndrome; 12 B. determines the feasibility of collecting uniform, accurate data from all States regarding— i. incidence rates of shaken baby syndrome; ii. characteristics of perpetrators of shaken baby syndrome, including age, gender, relation to victim, access to prevention materials and resources, and history of substance abuse, domestic violence, and mental illness; and iii. characteristics of victims of shaken baby syndrome, including gender, date of birth, date of injury, date of death (if applicable), and short – and long- term injuries sustained. b. PROVISION OF TECHNICAL ASSISTANCE. — 1. IN GENERAL. —The Secretary shall provide technical assistance to State and local public and private agencies and community -based organizations, including disa bility organizations and persons who work with children with disabilities and providers of mental health, substance abuse treatment, and domestic violence prevention services, to assist such agencies and organizations in planning, improving, developing, and carrying out programs and activities, including replicating successful program models, relating to the prevention, assessment, identification, and treatment of child abuse and neglect. 2. EVALUATION. —Such technical assistance may include an evaluation or id entification 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; C. effective programs carried out by the States under titl es I and II; and D. effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkage s. 3. DISSEMINATION. —The Secretary may provide for 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 trea tment 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, and domestic violence services personnel in appropriate m ethods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect. c. AUTHORITY TO MAKE GRANTS OR ENTER INTO CONTRACTS. — 1. IN GENERAL. —The functions of the Secretary under this section may be carried out either directly or through grant or contract. 2. DURATION. —Grants under this section shall be made for periods of not more than 5 years. 3. PREFERENCE FOR LONG -TERM STUDIES. —In mak ing grants for purposes of conducting research under subsection (a) of this section, the Secretary shall give special consideration to applications for long- term projects. d. PEER REVIEW FOR GRANTS. — 1. ESTABLISHMENT OF PEER REVIEW PROCESS. — A. In General. —To enhance the quality and usefulness of research in the field of child abuse and neglect, the Secretary shall, in consultation with experts in the field and other Federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes o f evaluating and reviewing applications for 13 assistance through a grant or contract under this section and determining the relative merits of the project for which such assistance is requested. B. MEMBERS. —In establishing the process required by subparagraph (A), the Secretary shall only appoint to the peer review panels members who — i. are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise related to the applications to be reviewed; and ii. are not individuals who are officers or employees of the Administration for Children and Families. C. MEETINGS. —The peer review panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but shall meet n ot less often than once a year. D. CRITERIA AND GUIDELINES. —The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines in the review of the applications for grants and contracts. 2. REVIEW OF APPLI CATIONS FOR ASSISTANCE. —Each peer review panel established under paragraph (1)(A) that reviews any application for a grant shall — A. determine and evaluate the merit of each project described in such application; B. rank such application with respect to all other applications it reviews in the same priority area for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested; and C. make recommendations to th e Secretary concerning whether the application for the project shall be approved. The Secretary shall award grants under this section on the basis of competitive review. 3. NOTICE OF APPROVAL. — A. MERITORIOUS PROJECTS. —The Secretary shall provide grants and contracts under this section from among the projects which the peer review panels established under paragraph (1)(A) have determined to have merit. B. EXPLANATION. —In the instance in which the Secretary approves an application for a program without having approv ed all applications ranked above such application (as determined under paragraph (2)(B)), the Secretary shall append to the approved application a detailed explanation of the reasons relied on for approving the application and for failing to approve each pending application that is superior in merit, as indicated on the list under paragraph (2)(B). e. DEMONSTRATION PROGRAMS AND PROJECTS.—The Secretary may award grants to, and enter into contracts with, entities that are States, Indian tribes or tribal organizations, or public or private agencies or organizations (or combinations of such entities) for time -limited, demonstration projects for the following: 1. PROMOTION OF SAFE, FAMILY- FRIENDLY PHYSICAL ENVIRONMENTS FOR VISITATION AND EXCHANGE. —The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family – friendly physical environments — A. for court -ordered, supervised visitation between children and abusing parents; and B. to facilitate the safe excha nge of children for visits with noncustodial parents in cases of domestic violence. 2. EDUCATION, IDENTIFICATION, PREVENTION, AND TREATMENT. —The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with child care and early childhood education and care providers, preschools and elementary and secondary schools. 14 3. RISK AND SAFETY ASSESSMENT TOOLS. —The Secretary may award grants under this subsection to entities for projects that provide for the development of research -based strategies for risk and safety assessments relating to child abuse and neglect. 4. TRAINING. —The Secretary may award grants under this subsection to entities for projects that involve re search-based strategies for innovative training for mandated child abuse and neglect reporters. Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [42 U.S.C. 5106] a. GRANTS FOR PROGRAMS AND PR OJECTS.—The Secretary may make grants to, and enter into contracts with entities that are States, Indian tribes or tribal organizations, or public agencies or private agencies or organizations (or combinations of such entities) for programs and projects fo r the following purposes: 1. TRAINING PROGRAMS. —The Secretary may award grants to public or private organizations under this subsection— A. for the training of professional and paraprofessional personnel in the fields of health care, medicine, law enforcement, judiciary, social work and child protection, education, child care, and other relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, including the links between domestic violence and child abuse and neglect; B. to improve the recruitment, selection, and training of volunteers serving in public and private children, youth, and family service organizations in order to prevent child abuse and neglect; C. for the establishment of resource centers for the purpose of providing information and training to professionals working in the field of child abuse and neglect; D. for training to enhance linkage s among child protective service agencies and health care agencies, entities providing physical and mental health services, community resources, and developmental disability agencies, to improve screening, forensic diagnosis, and health and developmental evaluations, and for partnerships between child protective service agencies and health care agencies that support the coordinated use of existing Federal, State, local and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of child abuse or neglect; E. for the training of personnel in best practices to meet the unique needs of children with disabilities, including promoting interagency collaboration; F. for the training of personnel in best practices to pr omote collaboration with the families from the initial time of contact during the investigation through treatment; G. for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families; H. for the training of personnel in childhood development including the unique needs of children under age 3; I. for improving the training of supervisory and nonsupervisory child welfare workers; J. for enabling State child welfare agencies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, other public and private welfare 15 agencies, and agencies that provide early intervention services to promote child safety, permanence and family stability; K. for cross training for child protective service workers in research -based strategies for recognizing situations of substance abuse, domestic violence, and neglect; L. for developing, implementing, or operating information and education programs or training programs designed to improve the provision of services to infants or toddlers with disabilities with life -threatening conditions for — i. professionals and paraprofessional personnel concerned with the welfare of disabled infants with life -threatening conditions, including personnel employed in child protective services programs and health care facilities; and ii. the parents of such infants; and M. for the training of personnel in best practices relating to the provision of differential response. 2. TRIAGE PROCEDURES. —The Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that— A. accepts, screens, and assesses reports received to determine which such r eports require an intensive intervention and which require voluntary referral to another agency, program, or project; B. provides, either directly or through referral, a variety of community- linked services to assist families in preventing child abuse and neg lect; and C. provides further investigation and intensive intervention when the child’s safety is in jeopardy. 3. MUTUAL SUPPORT PROGRAMS. —The Secretary may award grants to private organizations to establish or maintain a national network of mutual support, leadership, and self -help programs as a means of strengthening families in partnership with their communities. 4. KINSHIP CARE. — The Secretary may award grants to public and private entities to assist such entities in developing or implementing procedures using adult relatives as the preferred placement for children removed from their home, where such relatives are determined to be capable of providing a safe nurturing environment for the child and where such relatives comply with the State child protection standards. 5. LINKAGES AMONG CHILD PROTECTIVE SERVICE AGENCIES AND PUBLIC HEALTH, MENTAL HEALTH, SUBSTANCE ABUSE, DEVELOPMENTAL DISABILITIES, AND DOMESTIC VIOLENCE SERVICE AGENCIES. —The Secretary may award grants to entities that provide linkages among State or loc al child protective service agencies and public health, mental health, substance abuse, developmental disabilities, and domestic violence service agencies, and entities that carry out community- based programs for the purpose of establishing linkages that a re designed to ensure that a greater number of substantiated victims of child maltreatment have their physical health, mental health, and developmental needs appropriately diagnosed and treated, in accordance with all applicable Federal and State privacy laws. 6. COLLABORATIONS BETWEEN CHILD PROTECTIVE SERVICE ENTITIES AND DOMESTIC VIOLENCE SERVICE ENTITIES. —The Secretary may award grants to public or private agencies and organizations under this section to develop or expand 16 effective collaborations between child protective service entities and domestic violence service entities to improve collaborative investigation and intervention procedures, provision for the safety of the non- abusing parent involved and children, and provision of services to children exposed to domestic violence that also support the caregiving role of the non -abusing parent. b. DISCRETIONARY GRANTS. —In addition to grants or contracts made under subsection (a) of this section, grants or contracts under this section may be used for the followin g: 1. Respite and crisis nursery programs provided by community -based organizations under the direction and supervision of hospitals. 2. Respite and crisis nursery programs provided by community -based organizations. 3. Programs based within children’s hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom a report of maltreatment has been substantiated; and 4. A. Providing hospit al-based information and referral services to — i. parents of children with disabilities; and ii. children who have been victims of child abuse or neglect and their parents. B. Except as provided in subparagraph (C)(iii), services provided under a grant received und er this paragraph shall be provided at the hospital involved — i. upon the birth or admission of a child with disabilities; and ii. upon the treatment of a child for child abuse and neglect. C. Services, as determined as appropriate by the grantee, provided under a grant received under this paragraph shall be hospital -based and shall consist of — i. the provision of notice to parents that information relating to community services is available; ii. the provision of appropriate information to parents of a child with disabilities regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child; iii. the provision of appropriate information to parents of a child who has been a victim of child abuse or neglect regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child and reduce the possibility of child abuse and neglect; iv. the provision of appropriate follow -up services to parents of a child de scribed in subparagraph (B) after the child has left the hospital; and v. where necessary, assistance in coordination of community services available to parents of children described in subparagraph (B). The grantee shall assure that parental involvement desc ribed in this subparagraph is voluntary. D. For purposes of this paragraph, a qualified grantee is an acute care hospital that — i. is in a combination with — I. a health- care provider organization; II. a child welfare organization; III. a disability organization; and IV. a State child protection agency; ii. submits an application for a grant under this paragraph that is approved by the Secretary; 17 iii. maintains an office in the hospital involved for purposes of providing services under such grant; iv. provides assurances to the Secretary that in the conduct of the project the confidentiality of medical, social, and personal information concerning any person described in subparagraph (A) or (B) shall be maintained, and shall be disclosed only to qualified persons providing required services described in subparagraph (C) for purposes relating to conduct of the project; and v. assumes legal responsibility for carrying out the terms and conditions of the grant. E. In awarding grants under this paragraph, the Secretary shall — i. give priority under this section for two grants under this paragraph, provided that one grant shall be made to provide services in an urban setting and one grant shall be made to provide services in rural setting; and ii. encourage qualified grantees to combine the amounts received un der the grant with other funds available to such grantees. 5. Such other innovative programs and projects that show promise of preventing and treating cases of child abuse and neglect as the Secretary may approve. c. EVALUATION. —In making grants for projects und er this section, the Secretary shall require all such projects to be evaluated for their effectiveness. Funding for such evaluations shall be provided either as a stated percentage of a demonstration grant or as a separate grant or contract entered into by the Secretary for the purpose of evaluating a particular demonstration project or group of projects. In the case of an evaluation performed by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where need ed, including the use of a rigorous application of scientific evaluation techniques. SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. [42 U.S.C. 5106a] 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 r epresentation, 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, i ncluding 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, inclu ding 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; 18 6. devel oping, 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. pers onal 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 indivi duals, 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 ch ild 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 a ssistance; 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 sys tem 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 he alth 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 dif ferential 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 t reatment 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 non- abusing 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 19 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 Stat e 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 amount 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 f amily 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 incl udes— 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 approp riate 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 of such infants, except that such notifica tion 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 Fetal Alcohol Spectrum Disorder; 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 20 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 title 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. provision s 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; 21 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 mechani sms 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 if the o ffense 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 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 ass ault 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, advis e 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 investi gation 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 22 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 checks that meet the requirements of section 471(a)(20) of the So cial 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 descr ibed 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 in fants 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 jurisd iction, 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 communi ties, 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 app ropriate 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 viole nce, 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 Socia l Security Act [42 U.S.C. 621 et seq.] comply with the requirements set forth in paragraph (1) and this paragraph. 23 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 A ct (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 i nitiating 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) [42 U.S.C. 5116(b)(1)(A)] of this title for a fiscal year shall e stablish 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 c are 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 negl ect. 24 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) of this section; ii. the child protection standards set forth in subsection (b) of this section; 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 subsecti on (b)(4) [of this section]). 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 viola tion 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 th e 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 protection 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: 25 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. substan tiated; 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 c aseload 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 educa tion, 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 of the education, qualification s, 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 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. 26 15. The number of chil dren 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.). e. ANNUAL REPORT BY SECRETARY. —Within 6 months after receiving the State reports under subsection (d) of this section, the Secretary shall prepare a report ba sed 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. DE FINITIONS. —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 The term ‘terr itory’ 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 applie s 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 200 9 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 APPROPRIATION YEARS. —In any fiscal year for which t he 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 t hat 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 a nd the grant funds are insufficient to satisfy the requirements of such subparagraph (A), paragraph (2), and paragraph (5), the 27 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. Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [42 U.S.C. 5106c] a. GRANTS TO STATES. —The Secretary, in consultation with the Attorney General, is authorized to make grants to the States for the purpose of assisting States in developing, establishin g, and operating programs designed to improve— 1. the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the ch ild’s family; 2. the assessment and investigation of cases of suspected child abuse -related fatalities and suspected child neglect -related fatalities; 3. the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and expl oitation; and 4. the assessment and investigation of cases involving children with disabilities or serious health -related problems who are suspected victims of child abuse or neglect. b. ELIGIBILITY REQUIREMENTS. —In order for a State to qualify for assistance un der this section, such State shall — 1. fulfill the requirements of section 106(b) [of this title]; 2. establish a task force as provided in subsection (c) [of this section]; 3. fulfill the requirements of subsection (d) [of this section]; 4. submit annually an application to the Secretary at such time and containing such information and assurances as the Secretary considers necessary, including an assurance that the State will — A. make such reports to the Secretary as may reasonably be required; and B. maintain and provide access to records relating to activities under subsections (a) and (b) of this section; and 5. submit annually to the Secretary a report on the manner in which assistance received under this program was expended throughout the State, with particular attention focused on the areas described in paragraphs (1) through (3) of subsection (a) of this section. c. STATE TASK FORCES. — 1. GENERAL RULE. —Except as provided in paragraph (2), a State requesting assistance under this section shall establish or designate, and maintain, a State multidisciplinary task force on children’s justice (hereinafter referred to as “State task force”) composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. The State task force shall include — A. individuals representing the law enforcement community; 28 B. judges and attorneys involved in both civil and criminal court proceedings rel ated to child abuse and neglect (including individuals involved with the defense as well as the prosecution of such cases); C. child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates; D. health and mental health professionals; E. individuals representing child protective service agencies; F. individuals experienced in working with children with disabilities; G. parents; H. representatives of parents’ groups; I. adult former victims of child abuse and or neglect; and J. individuals experienced in working with homeless children and youths (as defined in section 725 of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11434a)). 2. EXISTING TASK FORCE. —As determined by the Secretary, a State commission or task force established after January 1, 1983, with substantially comparable membership and functions, may be considered the State task force for purposes of this subsection. d. STATE TASK FORCE STUDY. —Before a State receives assistance under this section, and at three year intervals thereafter, the State task force shall comprehensively — 1. review and evaluate State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, including child sexual abuse and exploi tation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State -Tribal; and 2. make policy and training recommendations in each of the categories described in subsection (e) of this section. The task force may make such other comments and recommendations as are considered relevant and useful. e. ADOPTION OF STATE TASK FORCE RECOMMENDATIONS. — 1. GENERAL RULE. —Subject to the provis ions of paragraph (2), before a State receives assistance under this section, a State shall adopt recommendations of the State task force in each of the following categories — A. investigative, administrative, and judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State -Triba l, in a manner which reduces the additional trauma to the child victim and the victim’s family and which also ensures procedural fairness to the accused; B. experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of performance of court appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and C. reform of State laws, ordinances, regulations, protocols, and procedures to provide comprehensiv e protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal -State, and State -Tribal, from child abuse and neglect, including child sexual abuse and exploitation, while ensuring fairness to all affected persons. 29 2. EXEMPTION. —As determined by the Secretary, a State shall be considered to be in fulfillment of the requirements of this subsection if — A. the State adopts an alternative to the recommendations of the State task force, which carries out the purpose of this section, in each of the categories under paragraph (1) for which the State task force’s recommendations are not adopted; or B. the State is making substantial progress towar d adopting recommendations of the State task force or a comparable alternative to such recommendations. f. FUNDS AVAILABLE. —For grants under this section, the Secretary shall use the amount authorized by section 1404A of the Victims of Crime Act of 1984 (42 U .S.C. 10603a). [42 U.S.C 10603a]. Sec. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [42 U.S.C. 5106d] a. CONSTRUCTION OF FACILITIES. — 1. RESTRICTION ON USE OF FUNDS. —Assistance provided under this Act may not be used for construction of facilities. 2. LEASE, RENTAL, OR REPAIR. —The Secretary may authorize the use of funds received under this Act — A. where adequate facilities are not otherwise available, for the lease or rental of facilities; or B. for the repair or minor remodeling or alteration of existing fa cilities. b. GEOGRAPHICAL DISTRIBUTION. —The Secretary shall establish criteria designed to achieve equitable distribution of assistance under this Act among the States, among geographic areas of the Nation, and among rural and urban areas of the Nation. To th e extent possible, the Secretary shall ensure that the citizens of each State receive assistance from at least one project under this Act. c. LIMITATION. —No funds appropriated for any grant or contract pursuant to authorizations made in this Act may be used for any purpose other than that for which such funds were authorized to be appropriated. d. SENSE OF CONGRESS. —It is the sense of Congress that the Secretary should encourage all States and public and private entities that receive assistance under this title t o— 1. ensure that children and families with limited English proficiency who participate in programs under this title are provided with materials and services through such programs in an appropriate language other than English; and 2. ensure that individuals w ith disabilities who participate in programs under this title are provided with materials and services through such programs that are appropriate to their disabilities. e. ANNUAL REPORT. —State that receives funds under section 106(a) [42 U.S.C. 5106A] shall a nnually prepare and submit to the Secretary a report describing the manner in which funds provided under this Act, alone or in combination with other Federal funds, were used to address the purposes and achieve the objectives of section 106. Sec. 109. COOR DINATION OF CHILD ABUSE AND NEGLECT PROGRAMS [42 U.S.C. 5106e] The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination among programs related to child abuse and neglect under this Act and other such programs which are assisted by Federal funds. 30 Sec. 110. REPORTS. [42 U.S.C. 5106f] a. COORDINATION EFFORTS. —Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on efforts to coordinate the objectives and activities of agencies and organizations which are responsible for programs and activities related to child abuse and neglect. Not later than 3 years after that date of enactment, the Secretary shall submit to those committees a second report on such efforts during the 3 -year period following that date of enactment. Not later than 5 years after that date of enactment, the Secretary shall submit to those committees a third report on such efforts during the 5 -year period following that date of enactment. b. EFFECTIVENESS OF STATE PROGRAMS AND TECHNICAL ASSISTA NCE.—Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010 and every 2 years thereafter, the Secretary shall submit to Committee on Education and Labor of the House of Representatives and the Committee on Health, Educa tion, Labor, and Pensions of the Senate a report evaluating the effectiveness of programs receiving assistance under section 106 in achieving the objectives of section 106. c. STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.— 1. IN GENERAL. —The Secretary shall conduct a study to determine the effectiveness of citizen review panels, established under section 106(c), in achieving the stated function of such panels under section 106(c)(4)(A) of — A. examining the policies, procedures, and practices of State and loca l child protection agencies; and B. evaluating the extent to which such State and local child protection agencies are fulfilling their child protection responsibilities, as described in clauses (i) through (iii) of section 106(c)(4)(A). 2. CONTENT OF STUDY. —The study described in paragraph (1) shall be completed in a manner suited to the unique design of citizen review panels, including consideration of the variability among the panels within and between States. The study shall include the following: A. Data describ ing the membership, organizational structure, operation, and administration of all citizen review panels and the total number of such panels in each State. B. A detailed summary of the extent to which collaboration and information-sharing occurs between citizen review panels and State child protective services agencies or any other entities or State agencies. The summary shall include a description of the outcomes that result from collaboration and information sharing. C. Evidence of the adherence and responsiveness to the reporting requirements under section 106(c)(6) by citizen review panels and States. 3. REPORT. —Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the to the Committee on Health , Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains the results of the study conducted under paragraph (1). d. STUDY AND REPORT RELATING TO IMMUNITY FROM PROSECUTION FOR PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN INSTANCES OF CHILD ABUSE AND NEGLECT. — 1. STUDY. —The Secretary shall complete a study, in consultation with experts in the provision of healthcare, law enforcement, education, and local child welfare administ ration, that examines how provisions for immunity from prosecution under State 31 and local laws and regulations facilitate and inhibit individuals cooperating, consulting, or assisting in making good faith reports, including mandatory reports, of suspected or known instances of child abuse or neglect. 2. REPORT. —Not later than 1 year after the date of the enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains the results of the study conducted under paragraph (1) and any recommendations for statutory or regulatory changes the Secretary determines appropriate. Such report ma y be submitted electronically. Sec. 111. DEFINITIONS. [42 US.C. 5106g] For purposes of this title [42 U.S.C. 5101 et. seq.]— 1. the term ‘Alaska Native’ has the meaning given the term ‘Native’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C . 1602); 2. the term ‘infant or toddler with a disability’ has the meaning given in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432); 3. the term ‘Native Hawaiian’ has the meaning given the term in section 7207 of the Elementary an d Secondary Education Act of 1965 (20 U.S.C 7517); 4. the term “sexual abuse” includes — A. the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or B. the rape, and in cases of caretaker or inter -familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and 5. the term “withholding of medically indicated treatment” means the failure to respond to the infant’s life -threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutr ition, hydration, or medication) to an infant when, in the treating physician’s or physicians’ reasonable medical judgment — A. the infant is chronically and irreversibly comatose; B. the provision of such treatment would — i. merely prolong dying; ii. not be effective in ameliorating or correcting all of the infant’s life – threatening conditions; or iii. otherwise be futile in terms of the survival of the infant; or C. the provision of such treatment would be virtually futile in terms of the survival of the infant and the treat ment itself under such circumstances would be inhumane; 32 Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5106h] a. IN GENERAL. — 1. GENERAL AUTHORIZATION. —There are authorized to be appropriated to carry out this title, $120,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015. 2. DISCRETIONARY ACTIVITIES. — A. IN GENERAL. —Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 30 percent of such amounts to fu nd discretionary activities under this title. B. DEMONSTRATION PROJECTS. —Of the amounts made available for a fiscal year under subparagraph (A), the Secretary shall make available not more than 40 percent of such amounts to carry out section 104 *. b. AVAILABILI TY OF FUNDS WITHOUT FISCAL YEAR LIMITATION. — The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated. Sec. 113. RULE OF CONSTRUCTION. [42 U.S.C. 5106i] a. IN GENERAL. —Nothing in this Act shall be construed — 1. as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guardian; and 2. to require that a State find, or to prohibit a State from finding, child abuse or neglect in cases in which a parent or legal guardian relies solely or partially upon spiritual means rather than medical treatment, in accordance with the religious beliefs of the parent or legal guardian. b. STATE REQUIREMENT. —Notwithstanding subsection (a), a State shall, at a minimum, have in place authorit y under State law to permit the child protective services system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatment from children with life threatening conditions. Except with respect to the withholding of medically indicated treatments from disabled infants with life threatening conditions, case by case determinations concerning the exercise of the authority of this subsection shall be within the sole discretion of the State. TITLE II —COMMUNITY -BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT Sec. 201. PURPOSE AND AUTHORITY. [42 U.S.C. 5116] a. PURPOSE. —It is the purpose of this title — 1. to support community- based efforts to develop, operate, expand, enhance, and coordinate initiatives, programs, and activities to prevent child abuse and neglect and to support the coordination of resources and activities, to better strengthen and support families to reduce the likelihood of child abuse and neglect; and 2. to foster an understanding, appreciation, and knowledge of diverse populations in order to be effective in preventing and treating child abuse and neglect. 33 b. AUTHORITY. —The Secretary shall make grants under this title on a formula basis to the entity designated by the State as the lead entity (referred to in this title as the “l ead entity”) under section 202(1) for the purpose of — 1. developing, operating, expanding, and enhancing community -based and prevention – focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that are accessible, effective, culturally appropriate, and build on existing strengths that — A. offer assistance to families; B. provide early, comprehensive support for parents; C. promote the development of parenting skills, especially in young parents and parents with ve ry young children; D. increase family stability; E. improve family access to other formal and informal resources and opportunities for assistance available within communities, including access to such resources and opportunities for unaccompanied homeless youth; F. support the additional needs of families with children with disabilities through respite care and other services; G. demonstrate a commitment to involving parents in the planning and program implementation of the lead agency and entities carrying out local p rograms funding under this title, including involvement of parents of children with disabilities, parents who are individuals with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and; H. provide referra ls to early health and developmental services; 2. fostering the development of a continuum of preventive services for children and families, including unaccompanied homeless youth, through State and community -based collaborations and partnerships both public and private; 3. financing the start- up, maintenance, expansion, or redesign of specific community -based child abuse and neglect prevention program services (such as respite care services, child abuse and neglect prevention activities, disability services, men tal health services, substance abuse treatment services, domestic violence services, housing services, transportation, adult education, home visiting and other similar services) identified by the inventory and description of current services required under section 205(a)(3) as an unmet need, and integrated with the network of community -based child abuse and neglect prevention program to the extent practicable given funding levels and community priorities; 4. maximizing funding through leveraging of funds for t he financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management and reporting, reporting and evaluation costs for establishing, operating, or expanding community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; and 5. financing public information activities that focus on the healthy and positive development of parents and children and the promotion of child abuse and neglect prevention activities. 34 Sec. 202. ELIGIBILITY. [42 U.S.C. 5116a] A State shall be eligible for a grant under this title for a fiscal year if — 1. A. the Governor of the State has designated a lead entity to ad minister funds under this title for the purposes identified under the authority of this title, including to develop, implement, operate, enhance, or expand community- based and prevention-focused programs and activities designed to strengthen and support fa milies to prevent child abuse and neglect; B. such lead entity is an existing public, quasi -public, or nonprofit private entity (which may be an entity that has not been established pursuant to State legislation, executive order, or any other written authorit y of the State that exists to strengthen and support families to prevent child abuse and neglect) with a demonstrated ability to work with other State and community- based agencies to provide training and technical assistance, and that has the capacity and commitment to ensure the meaningful involvement of parents who are consumers and who can provide leadership in the planning, implementation, and evaluation of programs and policy decisions of the applicant agency in accomplishing the desired outcomes for s uch efforts; C. in determining which entity to designate under subparagraph (A), the Governor should give priority consideration equally to a trust fund advisory board of the State or to an existing entity that leverages Federal, State, and private funds for a broad range of child abuse and neglect prevention activities and family resource programs, and that is directed by an interdisciplinary, public -private structure, including participants from communities; and D. in the case of a State that has designated a S tate trust fund advisory board for purposes of administering funds under this title (as such, title was in effect on the date of the enactment of the Child Abuse Prevention and Treatment Act Amendments of 1996 1) and in which one or more entities that leverage Federal, State, and private funds (as described in subparagraph (C)) exist, the Governor shall designate the lead entity only after full consider ation of the capacity and expertise of all entities desiring to be designated under subparagraph (A); 2. the Governor of the State provides assurances that the lead entity will provide or will be responsible for providing— A. community- based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect composed of local, collaborative, public -private partnerships directed by interdisciplinary structures with balanced representation from private and public sector members, parents, adult former victims of child abuse and neglect, and public and private nonprofit service providers and individuals and organizations experienced in working in partnership with families with children with disabilities; B. direc tion through an interdisciplinary, collaborative, public -private structure with balanced representation from private and public sector members, parents, adult former victims of child abuse and neglect, public sector and private nonprofit sector service pro viders, and parents with disabilities; and C. direction and oversight through identified goals and objectives, clear lines of communication and accountability, the provision of leveraged or combined funding from Federal, State, and private sources, centralized assessment and planning activities, the provision of training and technical assistance, and reporting and evaluation functions; and 3. the Governor of the State provides assurances that the lead entity — 35 A. has a demonstrated commitment to parental participati on in the development, operation, and oversight of the community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; B. has a demonstrated ability to work with State and communit y-based public and private nonprofit organizations to develop a continuum of preventive, family centered, comprehensive services for children and families through the community -based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect ; C. has the capacity to provide operational support (both financial and programmatic) training, technical assistance, and evaluation assistance, to community -based and prevention- focused programs and activ ities designed to strengthen and support families to prevent child abuse and neglect, through innovative, interagency funding and interdisciplinary service delivery mechanisms; and D. will integrate its efforts with individuals and organizations experienced in working in partnership with families with children with disabilities, parents with disabilities, and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities. Sec. 203. AMOUNT OF GRAN T. [42 U.S.C. 5116b] a. RESERVATION. —The Secretary shall reserve 1 percent of the amount appropriated under section 5116i of this title for a fiscal year to make allotments to Indian tribes and tribal organizations and migrant programs. b. REMAINING AMOUNTS. — 1. IN GENERAL. —The Secretary shall allot the amount appropriated under section 5116i of this title for a fiscal year and remaining after the reservation under subsection (a) of this section among the States as follows: A. 70- PERCENT. —70 percent of such amount ap propriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the number of children under the age of 18 residing in the State bears to the total number of children under th e age of 18 residing in all States (except that no State shall receive less than $175,000 under this subparagraph). B. 30- PERCENT. —30 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the sa me proportion to such amount appropriated as the amount of private, State, or other non- Federal funds leveraged and directed through the currently designated State lead entity in the preceding fiscal year bears to the aggregate of the amounts leveraged by all States from private, State, or other non- Federal sources and directed through the current lead entity of such States in the preceding fiscal year. 2. ADDITIONAL REQUIREMENTS. —The Secretary shall provide allotments under paragraph (1) to the State lead entity. c. ALLOCATION. —Funds allotted to a State under this section — 1. shall be for a 3 -year period; and 2. shall be provided by the Secretary to the State on an annual basis, as described in subsection (b) of this section 36 Sec. 204. APPLICATION. [42 U.S.C. 5116d] A grant may not be made to a State under this title unless an application therefore is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of section 202, including — 1. a description of the lead entity that will be responsible for the administration of funds provided under this title and the oversight of programs funded through the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect which meets the requirements of section 202; 2. a description of how the community- based an prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect will operate, including how community- based child abuse and neglect prevention programs provided by public and private, nonprofit organizations, will be integrated into a developing continuum of family centered, holistic, pr eventive services for children and families; 3. a description of the inventory of current unmet needs and current community -based and prevention- focused programs and activities to prevent child abuse and neglect, and other family resource services operating i n the State; 4. a budget for the development, operation, and expansion of the community -based and prevention – focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that verifies that the State will expend in non- Federal funds an amount equal to not less than 20 percent of the amount received under this title (in cash, not in- kind) for activities under this title; 5. an assurance that funds received under this title will supplement, not supplant, other State and local public funds designated for the start up, maintenance, expansion, and redesign of community- based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 6. a description of the State’s capacity to ensure the meaningful involvement of parents who are consumers, of family advocates, and of adult former victims of child abuse or neglect, who can provide leadership in the planning, implementation, and evaluation of the programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts; 7. a description of the criteria that the entity will use to develop, or select and fund, community – based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect as part of network development, expansion, or enhancement; 8. a description of outreach activities that the entity and the community -based and prevention – focused programs designed to stren gthen and support families to prevent child abuse and neglect will undertake to maximize the participation of racial and ethnic minorities, children and adults with disabilities, homeless families and those at risk of homelessness, unaccompanied homeless y outh, and members of other underserved or underrepresented groups; 9. a plan for providing operational support, training, and technical assistance to community -based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect for development, operation, expansion and enhancement activities; 10. a description of how the applicant entity’s activities and those of the network and its members (where appropriate) will be evaluated; 11. a description of the actions that the applicant entity will take to advocate systemic changes in State policies, practices, procedures, and regulations to improve the delivery of community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect services to children and families; and 12. an assurance that the applicant entity will provide the Secretary with reports at such time and containing such information as the Secretary may require. 37 Sec. 205. LOCAL PROGRAM REQUIREMENTS. [42 U.S.C. 5116e] a. IN GENERAL. —Grants made under this title shall be used to develop, implement, operate, expand, and enhance community- based, and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that — 1. assess community assets and needs through a planning process that involves parents, local public agencies, local nonprofit organizations, and private sector representatives in meaningful roles; 2. develop a comprehensiv e strategy to provide a continuum of preventive, family- centered services to children and families, especially to young parents, to parents with young children, and to parents who are adult former victims of domestic violence or child abuse or neglect, through public -private partnerships; 3. A. provide for core child abuse and neglect prevention services, which may be provided directed by the local recipient of the grant funds or through grants or agreements with other local agencies, such as — i. parent education, mutual support and self help, and parent leadership services; ii. respite care services; iii. outreach and followup services, which may include voluntary home visiting services; and iv. community and social service referrals; and B. provide access to optional services, including— i. referral to and counseling for adoption services for individuals interested in adopting a child or relinquishing their child for adoption; ii. child care, early childhood education and care, and intervention services; iii. referral to services and supports to meet the additional needs of families with children with disabilities and parents who are individuals with disabilities; iv. referral to job readiness services; v. referral to educational services, such as academic tutoring, literacy training, and General Educational Degree services; vi. self-sufficiency and life management skills training; vii. community referral services, including early developmental screening of children; viii. peer counseling; and ix. domestic violence service programs that provide services and treatment to children and their non- abusing caregivers. 4. develop leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the programs and services; 5. provide leadership in mobilizing local public and private resources to support the provision of needed child abuse and neglect prevention program services; and 6. participate with other community -based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect in the development, operation, and expansion of networks where appropriate. b. PRIORITY. —In awarding local grants under this title, a lead entity shall give priority to effective community- based programs serving low -income communities and those s erving young parents or parents with young children, including community -based child abuse and neglect prevention programs. 38 Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f] A State receiving a grant under this title, through reports provided to the Secr etary— 1. shall demonstrate the effective development, operation, and expansion of a community -based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that meets the requirements of t his title; 2. shall supply an inventory and description of the services provided to families by local programs that meet identified community needs, including core and optional services as described in section 202 which description shall specify whether those services are supported by research; 3. shall demonstrate that they will have addressed unmet needs identified by the inventory and description of current services required under section 204(3); 4. shall describe the number of families served, including families with children with disabilities, and parents with disabilities, and the involvement of a diverse representation of families in the design, operation, and evaluation of community -based and prevention -focused programs and activities designed to strengthen a nd support families to prevent child abuse and neglect, and in the design, operation and evaluation of the networks of such community-based and prevention – focused programs; 5. shall demonstrate a high level of satisfaction among families who have used the ser vices of the community- based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 6. shall demonstrate the establishment or maintenance of innovative funding mechanisms, at the State or community level, that blend Federal, State, local, and private funds, and innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion, and enhancement of the community -based and prevention -focused programs and acti vities designed to strengthen and support families to prevent child abuse and neglect; 7. shall describe the results of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this title in meeting the purposes or the program; and 8. shall demonstrate an implementation plan to ensure the continued leadership of parents in the on- going planning, implementation, and evaluation of such community -based and prevention – focused programs and activities designed to strengthen and support families to prevent child abuse and neglect. Sec. 207. NATIONAL NETWORK FOR COMMUNITY -BASED FAMILY RESOURCE PROGRAMS. [42 U.S.C. 5116g] The Secretary may allocate such sums as may be necessary from the amou nt provided under the State allotment to support the activities of the lead entity in the State — 1. to create, operate, and maintain a peer review process; 2. to create, operate, and maintain an information clearinghouse; 3. to fund a yearly symposium on State syst em change efforts that result from the operation of the community- based and prevention -focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 4. to create, operate, and maintain a computerized communication system between lead entities; and 5. to fund State -to -State technical assistance through bi -annual conferences. 39 Sec. 208. DEFINITIONS. [42 U.S.C. 5116h] For purposes of this title: 1. COMMUNITY REFERRAL SERVICES. —The term “community referral services” mean s services provided under contract or through interagency agreements to assist families in obtaining needed information, mutual support and community resources, including respite care services, health and mental health services, employability development a nd job training, and other social services, including early developmental screening of children, through help lines or other methods. 2. COMMUNITY- BASED AND PREVENTION -FOCUSED PROGRAMS AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT. —The term “community-based and prevention- focused programs and activities to strengthen and support families to prevent child abuse and neglect” includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and other community programs or networks of such programs that provide activities that are designed to prevent or respond to child abuse and neglect. 3. RESPITE CARE SERVICES.— The term “respite care services ” means short term care services, including the services of crisis nurseries, provided in the temporary absence of the regular caregiver (parent, other relative, foster parent, adoptive parent, or guardian) to children who— A. are in danger of child abuse or neglect; B. have experienced child abuse or neglect; or C. have disabilities or chronic or terminal illnesses. Such services shall be provided within or outside the home of the child, be short -term care (ranging from a few hours to a few weeks of time, per y ear), and be intended to enable the family to stay together and to keep the child living in the home and community of the child. Sec. 209. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5116i] There are authorized to be appropriated to carry out this title, $80,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015. SECTION II: ADOPTION OPPORTUNITIES Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [42 U.S.C. 5111] a. FINDINGS. —Congress finds tha t— 1. on the last day of fiscal year 2009, some 424,000 children were living in temporary foster family homes or other foster care settings; 2. most children in foster care are victims of child abuse or neglect by their biological parents and their entry into foster care brought them the additional trauma of separation from their homes and often their communities; 3. on average, children entering foster care have more physical and mental health needs than do children in the general population, and some require inte nsive services because the children entering foster care— A. were born to mothers who did not receive prenatal care; B. were born with life -threatening conditions or disabilities; C. were born addicted to alcohol or other drugs; or D. have HIV/AIDS; 40 4. each year, thousands of children in foster care, regardless of their age, the size of the sibling group they are a part of, their racial or ethnic status, their medical condition, or any physical, mental or emotional disability they may have, are in need of placement with p ermanent, loving, adoptive families; 5. A. States have made important strides in increasing the number of children who are placed in permanent homes with adoptive parents and in reducing the length of time children wait for such a placement; and B. many thousands of children, however, still remain in institutions or foster homes solely because of legal and other barriers to such a placement; 6. A. on the last day of fiscal year 2009, there were 115,000 children waiting for adoption; B. children waiting for adoption have had parental rights of all living parents terminated or the children have a permanency goal of adoption; C. i. the average age of children adopted with public child welfare agency involvement during fiscal year 2009 was a little more than 6 years; and ii. the averag e age of children waiting for adoption on the last day of that fiscal year was a little more than 8 years of age and more than 30,000 of those children were 12 years of age or older; and D. i. 25 percent of the children adopted with public child welfare agency involvement during fiscal year 2009 were African- American; and ii. 30 percent of the children waiting for adoption on the last day of fiscal year 2009 were African -American; 7. adoption may be the best alternative for assuring the healthy development of children placed in foster care; 8. there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement and adoption; and 9. in order both to enhance the stability of and love in the home environments of such children and to avoid wasteful expenditures of public funds, such children— A. should not have medically indicated treatment withheld from them; or B. be maintained in foster care or institutions when adoption is appropriate and families can be found for such children. b. PURPOSE. —It is the purpose of this title to facilitate the elimination of barriers, including geographic barriers, to adoption and to provide permanent and loving home environments for children who would benefit from adoption, particularly older children, m inority children, and children with special needs, including disabled infants with life -threatening conditions, by providing a mechanism to — 1. promote quality standards for adoption services, pre- placement, post-placement, and post – legal adoption counseling , and standards to protect the rights of children in need of adoption; 2. maintain an Internet- based national adoption information exchange system to— A. bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children; B. conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and C. connect placement agencies, prospective adoptive parents, and adoptive parents to resources designed to reduce barriers t o adoption, support adoptive families, and ensure permanency; and 3. demonstrate expeditious ways to free children for adoption for whom it has been determined that adoption is the appropriate plan. 41 Sec. 203. INFORMATION AND SERVICES. [42 U.S.C. 5113] a. ESTABLI SHMENT IN DEPARTMENT OF HEALTH AND HUMAN SERVICES. — IN GENERAL. —The Secretary shall establish in the Department of Health and Human Services an appropriate administrative arrangement to provide a centralized focus for planning and coordinating of all depar tmental activities affecting adoption and foster care and for carrying out the provisions of this title. The Secretary shall make available such consultant services, on -site technical assistance and personnel, together with appropriate administrative expen ses, including salaries and travel costs, as are necessary for carrying out such purposes, including services to facilitate the adoption of older children, minority children, and children with special needs, particularly infants and toddlers with disabilit ies who have life-threatening conditions, and services to families considering adoption of children with special needs. b. REQUIRED ACTIVITIES. — In connection with carrying out the provisions of this title, the Secretary shall — 1. conduct (directly or by grant to or contract with public or private agencies or organizations) an education and training program on adoption, and prepare, publish, and disseminate (directly or by grant to or contract with public or private agencies and organizations) to all interested parties, public and private agencies and organizations (including, but not limited to, hospitals, health care and family planning clinics, and social services agencies), and governmental bodies, information and education and training materials regarding ad option, adoption assistance programs, and post -legal adoption services; 2. conduct, directly or by grant or contract with public or private organizations, ongoing, extensive recruitment efforts on a national level, including efforts to promote the adoption of older children, minority children, and children with special needs, develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents, and establish a coordinated referral system of recruited families with a ppropriate State or regional adoption resources to ensure that families are served in a timely fashion; 3. notwithstanding any other provision of law, provide (directly or by grant to or contract with public or private agencies or organizations) for — A. the ope ration of a national adoption information exchange system (including only such information as is necessary to facilitate the adoptive placement of children, utilizing computers and data processing methods to assist in the location of children who would benefit by adoption and in the placement in adoptive homes of children awaiting adoption); and B. the coordination of such system with similar State and regional systems; 4. provide (directly or by grant to or contract with public or private agencies or organizations, including adoptive family groups and minority groups) for the provision of technical assistance in the planning, improving, developing, and carrying out of programs and activities relating to adoption, and to promote professional leadership training of minorities in the adoption field; 5. encourage involvement of corporations and small businesses in supporting adoption as a positive family -strengthening option, including the establishment of adoption benefit programs for employees who adopt children; 6. support the placement of children in kinship care arrangements, preadoptive, or adoptive homes; 7. increase the effective use of public or private agencies (including community -based and other organizations) by States, or sectarian institutions, for the recruitmen t of potential adoptive and foster families and to provide assistance in the placement of children for 42 adoption, including assisting in efforts to work with organizations that promote the placement of older children, minority children, and children with special needs; 8. consult with other appropriate Federal departments and agencies in order to promote maximum coordination of the services and benefits provided under programs carried out by such departments and agencies with those carried out by the Secretary, and provide for the coordination of such aspects of all programs within the Department of Health and Human Services relating to adoption; 9. maintain (directly or by grant to or contract with public or private agencies or organizations) a National Resource Center for Special Needs Adoption to— A. promote professional leadership development of minorities in the adoption field; B. provide training and technical assistance to service providers and State agencies to improve professional competency in the field of adoption and the adoption of children with special needs; C. facilitate the development of interdisciplinary approaches to meet the needs of children who are waiting for adoption and the needs of adoptive families; and D. identify best practices to reduce adoption d isruption and termination; 10. provide (directly or by grant to or contract with States, local government entities, tribal child welfare agencies, public or private licensed child welfare or adoption agencies or adoptive family groups and community- based organizations with experience in working with minority populations) for the provision of programs aimed at increasing the number of minority children (who are in foster care and have the goal of adoption) placed in adoptive families, with a special emphasis on recruitment of minority families — A. which may include such activities as — i. outreach, public education, or media campaigns to inform the public of the needs and numbers of such children; ii. recruitment of prospective adoptive families for such children, including developing and using procedures to notify family and relatives when a child enters the child welfare system; iii. expediting, where appropriate, the legal availability of such children; iv. expediting, where appropriate, the agency assessment of prospective adop tive families identified for such children; v. formation of prospective adoptive family support groups; vi. training of personnel of — I. public agencies; II. private child welfare and adoption agencies that are licensed by the State; and III. adoptive parents organizations and community- based organizations with experience in working with minority populations; vii. education and training of prospective adoptive or adoptive parents; viii. use of volunteers and adoptive parent groups; and ix. any other activities determined by the Secretary t o further the purposes of this title; and B. shall be subject to the condition that such grants or contracts may be renewed if documentation is provided to the Secretary demonstrating that appropriate and sufficient placements of such children have occurred d uring the previous funding period; and 11. provide (directly or by grant to or contract with States, local government entities, or public or private licensed child welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children (who are in foster 43 care and with the goal of adoption) placed in adoptive families, with a special emphasis on child-specific recruitment strategies, including — A. outreach, public education, or media campaigns to inform the publi c of the needs and numbers of older youth available for adoption; B. training of personnel in the special needs of older youth and the successful strategies of child -focused, child -specific recruitment efforts; and C. recruitment of prospective families for such children. c. SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN. — 1. IN GENERAL. —The Secretary shall provide (directly or by grant to or contract with States, local government entities, public or private licensed child welfare or adoption agencies or adopti ve family groups) for the provision of post legal adoption services for families who have adopted special needs children. 2. SERVICES. —Services provided under grants made under this subsection shall supplement, not supplant, services from any other funds avai lable for the same general purposes, including— A. individual counseling; B. group counseling; C. family counseling; D. case management; E. training public agency adoption personnel, personnel of private, child welfare and adoption agencies licensed by the State to prov ide adoption services, mental health services professionals, and other support personnel to provide services under this subsection; F. assistance to adoptive parent organizations; G. assistance to support groups for adoptive parents, adopted children, and siblings of adopted children; H. day treatment; and I. respite care. d. IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER CARE. — 1. IN GENERAL. —The Secretary shall make grants for improving State efforts to increase the placement of foster care children legally free for adoption, according to a pre- established plan and goals for improvement. 2. APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE. — A. APPLICATIONS. —Each State entering into an agreement under this subsection shall submit an application to the Secretary that describes the m anner in which the State will use funds during the 3 fiscal years subsequent to the date of the application to accomplish the purposes of this section. Such application shall be in a form and manner determined to be appropriate by the Secretary, consistent with the purpose of this title. Each application shall contain information that — i. describes how the State plans to improve the placement rate of children in permanent homes; ii. describes the methods the State, prior to submitting the application, has used to improve the placement of older children, minority children, and children with special needs, who are legal ly free for adoption; iii. describes the evaluation the State plans to conduct, to identify the effectiveness of programs and methods of placement under t his subsection, and submit to the Secretary; and iv. describes how the State plans to coordinate activities under this subsection with relevant activities under section 473 of the Social Security Act (42 U.S.C. 673). 44 B. TECHNICAL AND OTHER ASSISTANCE. —The Secretary shall provide, directly or by grant to or contract with public or private agencies or organizations — i. technical assistance and resource and referral information to assist State or local governments with termination of parental rights issues, in recruiti ng and retaining adoptive families, in the successful placement of older children, minority children, and children with special needs, and in the provision of pre – and post-placement services, including post -legal adoption services; and ii. other assistance to help State and local governments replicate successful adoption -related projects from other areas in the United States. C. EVALUATION. —The Secretary shall compile the results of evaluations submitted by States (described in subparagraph (A)(iii)) and submit a report containing the complied results to the appropriate committees of Congress. 3. PAYMENTS. — A. IN GENERAL. —Payments under this subsection shall begin during fiscal year 1989. Payments under this section during any fiscal year shall not exceed $1,000,000. N o payment may be made under this subsection unless an amount in excess of $5,000,000 is appropriated for such fiscal year under section 5115(a) of this title. B. REVERSION OF UNUSED FUNDS. —Any payment made to a State under this subsection which is not used by such State for the purpose provided in paragraph (1) during the fiscal year payment is made shall revert to the Secretary on October 1st of the next fiscal year and shall be used to carry out the purposes of this title. e. ELIMINATION OF BARRIERS TO ADOPTIONS ACROSS JURISDICTIONAL BOUNDARIES. — 1. IN GENERAL. —The Secretary shall award grants to, or enter into contracts with, States, local government entities, public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to c arry out initiatives to improve efforts to eliminate barriers to placing children for adoption across jurisdictional boundaries. 2. SERVICES TO SUPPLEMENT NOT SUPPLANT. —Services provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds made available for the same general purposes including— A. developing a uniform homestudy standard and protocol for acceptance of homestudies between States and jurisdictions; B. developing models of financing cross -juris dictional placements; C. expanding the capacity of all adoption exchanges to serve increasing numbers of children; D. developing training materials and training social workers on preparing and moving children across State lines; and E. developing and supporting initiative models for networking among agencies, adoption exchanges, and parent support groups across jurisdictional boundaries. Sec. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION PLACEMENTS. [42 U.S.C. 5114] f. IN GENERAL. —The Secretary shall prov ide for a study (the results of which shall be reported to the appropriate committees of the Congress not later than eighteen months after passage of the Keeping Children and Families Safe Act of 2003) designed to determine— 45 1. the nature, scope, and effects of the interstate (and, to the extent feasible, intrastate) placement of children in adoptive homes (not including the homes of stepparents or relatives of the child in question) by persons or agencies; 2. how interstate placements are being financed across State lines; 3. recommendations on best practice models for both interstate and intrastate adoptions; and 4. how State policies in defining special needs children differentiate or group similar categories of children. g. DYNAMICS OF SUCCESSFUL ADOPTION. —The Secretary shall conduct research (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the resul ts of such research to the appropriate committees of Congress not later than the date that is 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003. h. INTERJURISDICTIONAL ADOPTION. —Not later than 1 year after the dat e of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the appropriate committees of Congress a report that contains recommendations for an action plan to facilitate the interjurisdictional adoption of foste r children. Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [42 U.S.C. 5115] a. There are authorized to be appropriated, $40,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out programs and activities authorized under this subtitle. b. Not less than 30 percent and not more than 50 percent of the funds appropriated under subsection (a) shall be allocated for activities under subsections (b)(10) and (c) of section 203. c. The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated. SECTION III: THE ABANDONED INFANTS ASSISTANCE ACT (AIAA) SEC. 1. SHORT TITLE. This Act may be cited as the “Abandoned Infants Assistance Act of 1988.” SEC. 2. FINDINGS. Congress finds that — 1. studies indicate that a number of factors contribute to the inability of some parents to provide adequate care for their infants and young children and a lack of suitable shelter homes for such infants and young children have led to the abandonment of such infants and young children in hospitals for extended periods; 2. an unacceptable number of these infants and young children will be medically cleared for discharge, yet rema in in hospitals as boarder babies; 3. hospital -based child care for these infants and young children is extremely costly and deprives them of an adequate nurturing environment; 4. appropriate training is needed for personnel working with infants and young childr en with life- threatening conditions and other special needs, including those with HIV/AIDS, and those who have been exposed to dangerous drugs; 46 5. infants and young children who are abandoned in hospitals are particularly difficult to place in foster homes, and are being abandoned in hospitals in increasing numbers by mothers dying of HIV/AIDS, by parents abusing drugs, or by parents incapable of providing adequate care; 6. there is a need for comprehensive support services for such infants and young children and their families and services to prevent the abandonment of such infants and young children, including foster care services, case management services, family support services, respite and crisis intervention services, counseling services, and group resident ial home services; 7. there is a need to support the families of such infants and young children through the provision of services that will prevent the abandonment of the infants and children; and 8. private, Federal, State, and local resources should be coordi nated to establish and maintain services described in paragraph (7) and to ensure the optimal use of all such resources. SEC. 101. ESTABLISHMENT OF LOCAL PROJECTS. [42 U.S.C. 670, Note] a. IN GENERAL. —The Secretary of Health and Human Services may make grant s to public and nonprofit private entities for the purpose of developing, implementing, and operating projects to demonstrate methods— 1. to prevent the abandonment of infants and young children, including the provision of services to members of the natural family for any condition that increases the probability of abandonment of an infant or young child; 2. to identify and address the needs of abandoned infants and young children; 3. to assist abandoned infants and young children to reside with their natural families or in foster care, as appropriate; 4. to recruit, train, and retain foster families for abandoned infants and young children; 5. to carry out residential care programs for abandoned infants and young children who are unable to reside with their families or t o be placed in foster care; 6. to carry out programs of respite care for families and foster families of infants and young children described in subsection (b); 7. to recruit and train health and social services personnel to work with families, foster care famil ies, and residential care programs for abandoned infants and young children; and 8. to prevent the abandonment of infants and young children, and to care for the infants and young children who have been abandoned, through model programs providing health, educ ational, and social services at a single site in a geographic area in which a significant number of infants and young children described in subsection (b) reside (with special consideration given to applications from entities that will provide the services of the project through community- based organizations). b. PRIORITY IN PROVISION OF SERVICES. —The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to give priority to abandoned infants and young children who— 1. are infected with, or have been perinatally exposed to, the human immunodeficiency virus, or have a life -threatening illness or other special medical need; or 2. have been perinatally exposed to a dangerous drug. c. CASE PLAN WITH RESPECT TO FOSTER CARE. —The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees that, if the applicant expends the grant to carry out any program of providing care to infants and young children in foster homes or in other nonmedical residential settings away from their parents, the applicant will ensure that — 1. a case plan of the type described in paragraph (1) of section 475 of the Social Security Act [42 U.S.C. 675(1)] is developed for each such infant and young child (to the extent that such infant and young child is not otherwise covered by such a plan); and 47 2. the program includes a case review system of the type described in paragraph (5) of such section (covering each such infant and young child who is not otherwise subject to such a system). d. ADMIN ISTRATION OF GRANT. — 1. The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees — A. to use the funds provided under this section only for the purposes specified in the application submitted to, and approved by, the Secretary pursuant to subsection (e); B. to establish such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement and accounting of Federal funds paid to the applicant under this section; C. to report to the Secretary annual ly on the utilization, cost, and outcome of activities conducted, and services furnished, under this section; and D. that if, during the majority of the 180 -day period preceding the date of the enactment of this Act 2, the applicant has carried out any program with respect to the care of abandoned infants and young children, the applicant will expend the grant only for the purpose of significantly expand ing, in accordance with subsection (a), activities under such program above the level provided under such program during the majority of such period. 2. Subject to the availability of amounts made available in appropriations Acts for the fiscal year involved, the duration of a grant under subsection (a) shall be for a period of 3 years, except that the Secretary — A. may terminate the grant if the Secretary determines that the entity involved has substantially failed to comply with the agreements required as a co ndition of the provision of the grant; and B. shall continue the grant for one additional year if the Secretary determines that the entity has satisfactorily complied with such agreements. e. REQUIREMENT OF APPLICATION. —The Secretary may not make a grant under s ubsection (a) unless— 1. an application for the grant is submitted to the Secretary; 2. with respect to carrying out the purpose for which the grant is to be made, the application provides assurances of compliance satisfactory to the Secretary; and 3. the applicat ion otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. f. TECHNICAL ASSISTANCE TO GRANTEES. —The Secretary may, without charge to any grantee under subsection (a), provide technical assistance (including training) with respect to the planning, development, and operation of projects described in such subsection. The Secretary may provide such technical assistance directly, through cont racts, or through grants. g. TECHNICAL ASSISTANCE WITH RESPECT TO PROCESS OF APPLYING FOR GRANT. — The Secretary may provide technical assistance (including training) to public and nonprofit private entities with respect to the process of applying to the Secret ary for a grant under subsection (a). The Secretary may provide such technical assistance directly, through contracts, or through grants. h. PRIORITY REQUIREMENT. —In making grants under subsection (a), the Secretary shall give priority to applicants located i n States that have developed and implemented procedures for expedited termination of parental rights and placement for adoption of infants determined to be abandoned under State law. 48 SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY. a. EVALUATIONS OF LOCA L PRO GRAMS. —The Secretary shall, directly or through contracts with public and nonprofit private entities, provide for evaluations of projects carried out under section 101 and for the dissemination of information developed as result of such projects . b. STUDY AND REPORT ON THE NUMBER OF ABANDONED INFANTS AND YOUNG CHILDREN. — 1. IN GENERAL. —The Secretary shall conduct a study for the purpose of determining— A. an estimate of the annual number of infants and young children relinquished, abandoned, or found de ceased in the United States and the number of such infants and young children who are infants and young children described in section 101(b); B. an estimate of the annual number of infants and young children who are victims of homicide; C. characteristics and demographics of parents who have abandoned an infant within 1 year of the infant’s birth; and D. an estimate of the annual costs incurred by the Federal Government and by State and local governments in providing housing and care for abandoned infants and young children. 2. DEADLINE. —Not later than 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall complete the study required under paragraph (1) and submit to the Congress a report describing the findings made as a result of the study. c. EVALUATION. —The Secretary shall evaluate and report on effective methods of intervening before the abandonment of an infant or young child so as to prevent such abandonments, and effective methods for responding to the needs of abandoned infants and young children. SEC. 103.—Repealed by sec. 305(b) of P.L. 108-36. SEC. 301. DEFINITIONS. [42 U.S.C. 670, Note] In this Act: 1. ABANDONED; ABANDONMENT. —The terms “abandoned” and “abandonment,” used with respect to infants and young children, mean that the infants and young children are medically cleared for discharge from acute -care hospital settings, but remain hospitalized because of a lack of appropriate out- of-hospital placement alternatives. 2. DANGEROUS DRUG. —The term “dangerous drug” means a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). 3. NATURAL FAMILY. —The term “natural family” shall be broadly interpreted to include natural parents, grandparents, family members, guardians, children residing in the household, and individuals residing in the household on a continuing basis who are in a care -giving situation, with respect to infants and young children covered under this Act. 4. SECRETARY. —The term “Secretary” means the Secretary of Health and Human Services. SEC. 302. AUTHORIZATION OF APPROPRIATIONS. a. IN GENERAL. — 1. AUTHORIZATION. —For the purpose of carrying out this Act, there are authorized to be appropriated $45,000,000 for fiscal year 2010 and such sums as may be necessary for each o f the fiscal years 2011 through 2015. 49 2. LIMITATION. —Not more than 5 percent of the amounts appropriated under paragraph (1) for any fiscal year may be obligated for carrying out section 102(a). b. ADMINISTRATIVE EXPENSES. — 1. AUTHORIZATION. —For the purpose of the administration of this Act by the Secretary, there is authorized to be appropriated for each fiscal year specified in subsection (a)(1) an amount equal to 5 percent of the amount authorized in such subsection to be appropriated for the fiscal year. With r espect to the amounts appropriated under such subsection, the preceding sentence may not be construed to prohibit the expenditure of the amounts for the purpose described in such sentence. 2. LIMITATION. —The Secretary may not obligate any of the amounts appro priated under paragraph (1) for a fiscal year unless, from the amounts appropriated under subsection (a)(1) for the fiscal year, the Secretary has obligated for the purpose described in such paragraph an amount equal to the amounts obligated by the Secretary for such purpose in fiscal year 2010. c. AVAILABILITY OF FUNDS. —Amounts appropriated under this section shall remain available until expended.