S 838 in Congressional Session 102

Official Summary

 

Bill Number : S 838

 

Title : A bill to amend the Child Abuse Prevention and Treatment Act to revise and extend programs under such Act, and for other purposes.

 

SUMMARY AS OF:
4/7/1992--Passed House amended.    (There are 2 other summaries) Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992 -

Title I:

Child Abuse Prevention and Treatment Act - Subtitle A: General Provisions - Amends the Child Abuse Prevention and Treatment Act (the Act, for purposes of this title) to set forth findings with respect to prevention and treatment of child abuse and neglect. Subtitle B: General Program - Revises title I (General Program) provisions of the Act for the Advisory Board on Child Abuse and Neglect (the Board). Requires the Board, within 24 months after enactment of this Act, to submit to the Secretary of Health and Human Services (HHS) and the appropriate congressional committees a report containing the Board's recommendations with respect to: (1) a national policy to reduce and ultimately prevent child and youth maltreatment-related deaths, detailing appropriate roles and responsibilities for State and local governments and the private sector; (2) specific changes needed in Federal laws and programs to achieve an effective Federal role in implementing such policy; and (3) specific changes needed to improve national data collection with respect to such deaths. Authorizes appropriations for the Board for FY 1992 through 1995. Revises provisions for research and assistance activities of the National Center on Child Abuse and Neglect. Requires such research to include: (1) cultural distinctions relating to child abuse and neglect; (2) culturally sensitive procedures with respect to child abuse cases; and (3) the relationship of child abuse and neglect to cultural diversity. Requires that State child abuse and neglect reporting information, for purposes of such research, be: (1) universal and case specific, to the extent practical; and (2) integrated with other case-based foster care and adoption data collected by the Secretary. Requires that peer review panels, for such research grants and contracts, be composed of members who are: (1) experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed; and (2) not officers or employees of the Office of Human Development. Requires such panels to meet as often as necessary, but not less than once a year. Requires such panels to make recommendations on application approval. Directs the Secretary to select projects to be awarded such grants and contracts from among those determined to have merit by such panels. Revises provisions for grants and contracts to public agencies and nonprofit private organizations for demonstration or service programs and projects. Requires all such demonstration projects to be evaluated for their effectiveness (with evaluation funding to be provided as a stated percentage of the grant or contract or as a separate grant or contract to evaluate a particular project or group of projects). Includes under discretionary grant training programs projects to improve recruitment, selection, and training of volunteers. Revises provisions for development and operation grants to require the Secretary of HHS to make grants to States, based on relative population of children under age 18 in applicant States, for improving each such State's child protective service system in carrying out specified activities. (Replaces provisions which authorized the Secretary to make grants to States for developing, strengthening, and carrying out child abuse and neglect prevention and treatment programs.) Requires, as a condition for State eligibility for such grants, annual submission to the Secretary of a State program plan which specifies the child protective service system area or areas (from among the specified activities) that the State intends to address with such grant funds. Sets forth required plan contents with respect to the specified areas and activities of: (1) intake and screening; (2) investigation of reports; (3) case management and delivery of ongoing family services; (4) general system enhancement; and/or (5) innovative approaches for developing, strengthening, and carrying out child abuse and neglect prevention, treatment, and research programs (limits to 15 percent of such funds the amount that may be used for innovative approaches). Requires, with respect to some of such areas of activity, information on staffing, training, public education, response time, interagency coordination, legal representation, automation, assessment tools, and information and referral services. (Replaces provisions for waivers of State eligibility requirements.) Delays the effective date of such new requirements until the earlier of October 1, 1993, or October 1 of the first fiscal year for which a specified minimum amount is appropriated for: (1) grants to States for child abuse and neglect prevention and treatment programs (the development and operations grants); and (2) technical assistance to States for such programs. Extends through FY 1995 the authorization of appropriations for the emergency child abuse prevention services grant program. Revises provisions for grants to States for programs relating to the investigation and prosecution of child abuse cases to include cases of: (1) neglect; (2) sexual exploitation; and (3) suspected child abuse or neglect related fatalities. Requires annual reports on such grant expenditures. Revises requirements for State eligibility and for State task forces. Extends through FY 1995 the authorization of appropriations for title I (General Program) of the Act (except the emergency grant program which has a separate authorization). Reserves one-third of such funds for: (1) the national clearinghouse for information relating to child abuse; (2) research and assistance activities of the Center; and (3) grants to public and private nonprofit entities for demonstration or service programs or projects (including grants for resource centers and discretionary grants). Reserves two-thirds of such funds for: (1) grants to States for child abuse and neglect prevention and treatment programs (development and operation grants); and (2) technical assistance to States for such programs. Subtitle C: Community-Based Prevention Grants - Revises and renames title II of the Act as Community-Based Child Abuse and Neglect Prevention Grants (currently, Grants with Respect to Encouraging States to Maintain Certain Funding Mechanisms). Provides for assisting States in supporting child abuse and neglect prevention activities through community-based child abuse and neglect prevention grants. Extends through FY 1995 the authorization of appropriations for such title II grants. Removes a cap on such authorization. Revises title II provisions relating to State eligibility for such grants to: (1) eliminate other funding mechanisms as alternatives to the State trust fund requirement; and (2) requires that the State establishment or maintenance of such trust fund include legislative provisions making funding available only for the broad range of child abuse and neglect prevention activities (current law specifies certain activities to be included). Revises limitations on title II grants. Revises the allotment formula for such grants for the State child abuse trust funds. Allots among eligible States the following percentages of the total appropriations for such grants: (1) 50 percent based on each State's number of children under age 18 (with a specified minimum allotment for each State); and (2) the remaining 50 percent in an amount equal to 25 percent of the total collected by each State in the prior fiscal year for the State trust fund. Requires, if total appropriations for such grants exceed a specified amount, that at least 50 percent of the grant amount to a State be used to support community-based prevention programs. Adds title II grant application demonstration requirements relating to: (1) coordination with other State and local programs; (2) outcome of services and activities funded; (3) supplementation of Federal assistance by State and local public and private sources; and (4) extent of use of funds to support community prevention activities in underserved areas (in which case the supplemental support requirement is waived for the first three years of assistance). Subtitle D: Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness - Extends through FY 1995 the authorization of appropriations for title III of the Act, the demonstration grants program to prevent inappropriate separation from the family and to prevent child abuse and neglect with respect to children whose families are homeless or at risk of being homeless. Subtitle E: Miscellaneous Provisions - Directs the Secretary of HHS, acting through the Director of the National Center on Child Abuse and Neglect, to report annually to appropriate congressional committees on measures being taken to assist States in implementing a voluntary reporting system for child abuse and neglect, including information on the extent of coordination of such State systems with the automated foster care and adoption reporting system required under specified provisions of the Social Security Act.

Title II:

Temporary Child Care for Children With Disabilities - Temporary Child Care for Children with Disabilities and Crisis Nurseries Act Amendments of 1992 - Amends the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 to extend through FY 1995 the authorization of appropriations for programs under such Act (including the programs of demonstration grants to States for: (1) temporary child care for disabled and chronically ill children; and (2) crisis nurseries for children who are abused and neglected, at risk of abuse and neglect, or in families receiving child protective services). Conforms the definition of children with disabilities under such Act with that under the Individuals with Disabilities Education Act.

Title III:

Reauthorization of Programs with Respect to Family Violence - Amends the Family Violence Prevention and Services Act (the Act, for purposes of this title) to expand its purposes to include: (1) assisting (currently demonstrating effectiveness of assisting) States to prevent family violence and provide shelter and assistance to victims and their dependents; (2) increasing public awareness about family violence; and (3) courts, legal, social service, and health care professionals among those to be provided with technical assistance relating to family violence programs. Changes the State demonstration grant program to a regular program of grants to States. Requires special emphasis on support of community-based projects of demonstrated effectiveness carried out by nonprofit private organizations, the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, advocacy (currently, alcohol and drug abuse treatment), and self-help services to victims and their children. Includes State domestic violence coalitions among the entities which are to be involved in State family violence programs under procedures required to be set forth in State applications for grants. Requires documentation that the State has implemented: (1) procedures for maintaining confidentiality of records; and (2) a law or procedure for the eviction of an abusing spouse from a shared household. Sets forth deadlines and procedures for: (1) notice of disapproval of a State application for a grant; (2) the State's period for correction of deficiencies before grant funds are withheld; and (3) State Domestic Violence Coalitions' challenges of determinations that a grantee is in compliance or eligible. Revises procedures for correction of application deficiencies (under provisions for noncompliance penalties). Requires that State domestic violence coalitions be permitted to participate, with specified limits, in determining whether a grantee is in compliance with certain requirements. Revises provisions for grants to Indian tribes and tribal organizations to include nonprofit private organizations approved by an Indian tribe for the operation of a family violence shelter on a Reservation. Requires the Secretary of HHS to reserve for grants to Indian tribes at least ten percent of the appropriations for grants to States under the Act (current law authorizes the Secretary to make demonstration grants to Indian tribes). Allows eligible entities to submit applications for such grants regardless of whether they have previously applied for or received such funding. Repeals provisions for maximum ceilings on annual and total grants to a single entity. Revises provisions for the proportion of the local share of project funds under grants to entities other than States. Increases the portion of specified grant funds which must be used to provide immediate shelter and related assistance to victims of family violence and their dependents. Sets forth portions which must be used for certain related assistance and for family violence prevention services. Sets forth a definition of related assistance, including specified services. Increases the amount of the allotment of grant funds to States. Revises provisions for responsibilities of the Secretary of HHS under the Act, with respect to types of research to be provided. Requires a biennial evaluation and report by the Secretary of HHS to the appropriate congressional committees on the effectiveness of programs under the Act, including a summary of specified documentation provided by States. Directs the Secretary to award grants to private nonprofit organizations to establish and maintain: (1) one national resource center to offer resource, policy, and training assistance to various entities on issues pertaining to domestic violence, and to maintain a central resource library for information on family violence, its prevention, and the provision of shelter and assistance to victims; and (2) up to six special issue resource centers focusing on one or more issues of concern to domestic violence victims (including criminal justice response and court-mandated abuser treatment, child protective service agencies response to battered mothers and abused children, child custody issues, self-defense pleas by victims, interdisciplinary health care responses and access, access to and quality of legal representation for victims in civil litigation). Sets forth requirements for: (1) grant eligibility; (2) reporting; (3) regulations; and (4) funding. Extends through FY 1995 the authorization of appropriations for various programs under the Act, with specified reservations of funds for certain programs. Establishes a required program of grants for State domestic violence coalitions (coalitions). (Replaces provisions for law enforcement training and technical assistance grants and contracts.) Directs the Secretary of HHS to award grants for the funding of such coalitions. Requires such coalitions to further domestic violence intervention and prevention through activities including: (1) working with judicial and law enforcement agencies to encourage appropriate responses to domestic violence cases and examine specified types of issues; (2) working with family law judges, child protective services agencies, and children's advocates to develop appropriate responses to specified types of child custody and visitation issues in domestic violence cases and in combined domestic violence and child abuse cases; (3) conducting public education campaigns regarding domestic violence through various public information vehicles; and (4) participating in planning and monitoring of the distribution of grants and grant funds to their State under specified provisions of the Act. Sets forth a formula for allotment of funds for coalition grants. Prohibits use of such funds for lobbying. Sets forth reporting requirements. Authorizes appropriations for such coalition grants. Directs the Secretary of HHS to publish proposed and final regulations by specified deadlines for: (1) such coalition grants program; and (2) other specified provisions of the Act. Directs the Secretary to develop data on the number of victims of family violence and their dependents who are homeless or institutionalized as a result of the violence and abuse they have experienced (instead of data on the individual characteristics relating to family violence). Establishes a discretionary program of grants for public information campaigns. Authorizes the Secretary to make grants to public or private nonprofit entities to provide public information campaigns regarding domestic violence through the use of various public information vehicles. Sets forth requirements for grant applications, use of funds, and award criteria. Establishes a required program of demonstration grants for model State leadership for domestic violence intervention. Directs the Secretary of HHS, in cooperation with the Attorney General, to award grants to not more than ten States to assist them in becoming model demonstration States and in meeting the costs of improving State leadership concerning activities that will: (1) increase the number of prosecutions for domestic violence crimes; (2) encourage the reporting of incidences of domestic violence; and (3) facilitate arrests and aggressive prosecution policies. Sets forth requirements for designation as a model State, including having specified types of laws and policies in effect. Authorizes appropriations for FY 1992 through 1995 for such demonstration grants program. Limits the amount of such funds to any one State. Directs the Secretary of HHS to delegate responsibilities and transfer funds to the Attorney General for carrying out such demonstration grant program. Directs the Secretary of Education, in consultation with the Secretary of HHS, to develop model programs for education of young people about domestic violence and violence among intimate partners. Requires development, through grants or contracts, of three separate programs, one each for primary and middle schools, secondary schools, and institutions of higher education. Requires participation in program development by specified types of groups of experts and advocates. Directs the Secretary of Education to transmit the model programs, along with a plan and cost estimate for national distribution, to the relevant congressional committees for review. Authorizes appropriations for FY 1992 for such model programs development.

Title IV:

Reauthorization of Programs with Respect to Adoption - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (the Act, for purposes of this title) to revise provisions for Adoption Opportunities, including congressional findings and declaration of purpose. Repeals provisions for model adoption legislation and procedures. Revises provisions for HHS information and service functions relating to adoption and foster care to: (1) add on-site technical assistance; (2) include salaries and travel costs in administrative expenses; and (3) require reports to the appropriate congressional committees (and available to the public) on activities under such Adoption Opportunities provisions of the Act. Directs the Secretary of HHS to: (1) conduct (directly or by grant or contract with public or private nonprofit organizations) ongoing and extensive recruitment efforts on a national level; (2) develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents; (3) establish a coordinated referral system of recruited families with appropriate State or regional adoption resources to serve families in a timely fashion; (4) provide for the operation of a National Resource Center for Special Needs Adoption; and (5) promote professional leadership training of minorities in the adoption field. Extends through FY 1995 the authorization of appropriations for specified programs under the Act.

Votes

Title : A bill to amend the Child Abuse Prevention and Treatment Act to revise and extend programs under such Act, and for other purposes.
Votes in the US Senate
Roll NumberVote DateQuestionDescriptionVote Result
2471991-11-07On Passage of the BillS. 838; Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992Passed
Votes in the US House
This Bill was not Voted in the US House

Sponsors

 
Congressional Sponsors of S 838
 
Bill Number : S 838

Title : A bill to amend the Child Abuse Prevention and Treatment Act to revise and extend programs under such Act, and for other purposes.

Sponsor: Sen Dodd, Christopher J. [CT] (introduced 4/17/1991)      

ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Sen Adams, Brock [WA] - 4/17/1991

    Sen Akaka, Daniel K. [HI] - 5/15/1991

    Sen Bumpers, Dale [AR] - 6/12/1991

    Sen Coats, Daniel [IN] - 4/17/1991

    Sen Dole, Robert J. [KS] - 7/30/1991

    Sen Harkin, Tom [IA] - 7/31/1991

    Sen Jeffords, James M. [VT] - 5/21/1991

    Sen Kasten, Robert W., Jr. [WI] - 7/29/1991

    Sen Kennedy, Edward M. [MA] - 4/17/1991

    Sen Kerry, John F. [MA] - 6/3/1991

    Sen Metzenbaum, Howard M. [OH] - 7/31/1991

    Sen Pell, Claiborne [RI] - 4/17/1991

    Sen Simon, Paul [IL] - 7/31/1991

    Sen Wellstone, Paul D. [MN] - 7/31/1991

Other Info

Bill Number : S 838

Title : A bill to amend the Child Abuse Prevention and Treatment Act to revise and extend programs under such Act, and for other purposes.

 

 
ALL ACTIONS:
(Floor Actions/Congressional Record Page References)
 
4/17/1991:Read twice and referred to the Committee on Labor and Human Resources.
 
5/6/1991:Referred to Subcommittee on Children, Family, Drugs, Alcohol.
 
7/9/1991:Subcommittee on Children, Family, Drugs, Alcohol. Hearings held.
 
7/31/1991:Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
 
9/27/1991:Committee on Labor and Human Resources. Reported to Senate by Senator Kennedy with an amendment in the nature of a substitute. With written report No. 102-164.
 
9/27/1991:Placed on Senate Legislative Calendar under General Orders. Calendar No. 243. 1
 
1/7/1991:Measure laid before Senate by unanimous consent. 1
 
1/7/1991:The committee substitute as amended agreed to by Voice Vote. 1
 
1/7/1991:Passed Senate with an amendment by Yea-Nay Vote. 96-0. Record Vote No: 247. 1
 
1/12/1991:Message on Senate action sent to the House. 1
 
1/12/1991 12:29pm:Received in the House. 1
 
1/12/1991:Referred to the House Committee on Education and Labor. 1
 
1/26/1991:Referred to the Subcommittee on Select Education.
 
4/7/1992 2:29pm:Mr. Pastor asked unanimous consent to discharge from committee and consider.
 
4/7/1992 2:30pm:Committee on Education and Labor discharged.
 
4/7/1992 2:30pm:Considered by unanimous consent.
 
4/7/1992 2:30pm:The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 4712. Agreed to without objection.
 
4/7/1992 2:31pm:On passage Passed without objection.
 
4/7/1992 2:31pm:Motion to reconsider laid on the table Agreed to without objection.
 
4/7/1992 2:32pm:A similar measure H.R. 4712 was laid on the table without objection.
 
4/7/1992 2:33pm:The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of S. 838.
 
4/7/1992:Message on House action received in Senate and held at desk: House amendment to Senate bill.
 
4/9/1992:Senate agreed to the House amendment by Voice Vote.
 
4/9/1992:Cleared for White House.
 
4/13/1992:Message on Senate action sent to the House.
 
5/7/1992 11:26am:Pursuant to the provisions of S. Con. Res. 116, enrollment corrections have been made.
 
5/19/1992:Presented to President.
 
5/28/1992:Signed by President.
 
5/28/1992:Became Public Law No: 102-295.