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Child Abuse Prevention and Treatment Act
as Amended by the
Keeping Children and Families Safe Act of 2003
SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT
PREVENTION AND TREATMENT PROGRAMS. [42 U.S.C. 5106a]
[This section was amended by sec. 114 of P.L. 108-36.]
- DEVELOPMENT AND OPERATION GRANTS.—The Secretary shall
make grants to the States, based on the population of children under the age of
18 in 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—
- the intake, assessment, screening, and investigation of reports of
abuse and neglect;
-
- creating and improving the use of multidisciplinary teams and
interagency protocols to enhance investigations; and
- improving legal preparation and representation, including—
- procedures for appealing and responding to appeals of
substantiated reports of abuse and neglect; and
- provisions for the appointment of an individual appointed
to represent a child in judicial proceedings;
- case management, including ongoing case monitoring, and delivery
of services and treatment provided to children and their families;
- enhancing the general child protective system by developing,
improving, and implementing risk and safety assessment tools and
protocols;
- 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;
- developing, strengthening, and facilitating training including—
- training regarding research-based strategies to promote
collaboration with the families;
- training regarding the legal duties of such individuals; and
- personal safety training for case workers;
- improving the skills, qualifications, and availability of individuals
providing services to children and families, and the supervisors of such
individuals, through the child protection system, including improvements in
the recruitment and retention of caseworkers;
- developing and facilitating training protocols for individuals
mandated to report child abuse or neglect;
- developing and facilitating research-based strategies for training
individuals mandated to report child abuse or neglect;
- developing, implementing, or operating programs to assist in
obtaining or coordinating necessary services for families of disabled infants
with life-threatening conditions, including—
- existing social and health services;
- financial assistance; and
- services necessary to facilitate adoptive placement of any such
infants who have been relinquished for adoption.
- 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;
- 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;
- supporting and enhancing interagency collaboration between the
child protection system and the juvenile justice system for improved
delivery of services and treatment, including methods for continuity of
treatment plan and services as children transition between systems; or
- supporting and enhancing collaboration among public health
agencies, the child protection system, and private community-based
programs to provide child abuse and neglect prevention and treatment
services (including linkages with education systems) and to address the
health needs, including mental health needs, of children identified as abused
or neglected, including supporting prompt, comprehensive health and
developmental evaluations for children who are the subject of substantiated
child maltreatment reports.
- ELIGIBILITY REQUIREMENTS.—
- STATE PLAN.—
- IN GENERAL.—To be eligible to receive a grant under this
section, a State shall, at the time of the initial grant application and
every 5 years thereafter, prepare and submit to the Secretary a State
plan that specifies the areas of the child protective services system
described in subsection (a) of this section that the State intends to
address with amounts received under the grant.
- ADDITIONAL REQUIREMENT.—After the submission of
the initial grant application under subparagraph (A), the State shall
provide notice to the Secretary—
- of any substantive changes; and
- any significant changes to how funds provided under this
section are used to support the activities which may differ from the
activities as described in the current State application.
- COORDINATION.—A State plan submitted under paragraph (1)
shall, to the maximum extent practicable, be coordinated with the State
plan under part B of title IV of the Social Security Act [42 U.S.C. 620 et
seq.] relating to child welfare services and family preservation and
family support services, and shall contain an outline of the activities that
the State intends to carry out using amounts received under the grant to
achieve the purposes of this title, including—
- an assurance in the form of a certification by the chief
executive officer of the State that the State has in effect and is
enforcing a State law, or has in effect and is operating a Statewide
program, relating to child abuse and neglect that includes—
- provisions or procedures for the reporting of known and
suspected instances of child abuse and neglect;
- policies and procedures (including appropriate referrals to
child protection service systems and for other appropriate services)
to address the needs of infants born and identified as being affected
by illegal substance abuse or withdrawal symptoms resulting from
prenatal drug exposure, 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 notification shall not be
construed to—
- establish a definition under Federal law of what
constitutes child abuse; or
- require prosecution for any illegal action.
- the development of a plan of safe care for the infant born
and identified as being affected by illegal substance abuse or
withdrawal symptoms;
- procedures for the immediate screening, risk and safety
assessment, and prompt investigation of such reports;
- triage procedures for the appropriate referral of a child not
at risk of imminent harm to a community organization or voluntary
preventive service;
- procedures for immediate steps to be taken to ensure and
protect the safety of the abused or neglected child and of any other
child under the same care who may also be in danger of abuse or
neglect and ensuring their placement in a safe environment;
- 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;
- 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—
- individuals who are the subject of the report;
- Federal, State, or local government entities, or any
agent of such entities, as described in clause (ix);
- child abuse citizen review panels;
- child fatality review panels;
- 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
- other entities or classes of individuals statutorily
authorized by the State to receive such information pursuant to
a legitimate State purpose;
- 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 abuse and neglect;
- 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;
- 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 or neglect;
- 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;
- provisions and procedures requiring that in every case
involving an abused or neglected child which results in a judicial
proceeding, a guardian ad litem who has received training
appropriate to the role, 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—
- to obtain first-hand, a clear understanding of the
situation and needs of the child; and
- to make recommendations to the court concerning the
best interests of the child;
- the establishment of citizen review panels in accordance
with subsection (c);
- provisions, procedures, and mechanisms—
- for the expedited termination of parental rights in the
case of any infant determined to be abandoned under State
law; and
- by which individuals who disagree with an official
finding of abuse or neglect can appeal such finding;
- provisions, procedures, and mechanisms that assure that
the State does not require reunification of a surviving child with a
parent who has been found by a court of competent jurisdiction—
- to have committed murder (which would have been an
offense under section 1111(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;
- 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;
- to have aided or abetted, attempted, conspired, or
solicited to commit such murder or voluntary manslaughter; or
- to have committed a felony assault that results in the
serious bodily injury to the surviving child or another child of
such parent;
- 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);
- 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
and neglect investigation, advise the individual of the complaints
or allegations made against the individual, in a manner that is
consistent with laws protecting the rights of the informant;
- provisions addressing the training of representatives of
the child protective services system regarding the legal duties of
the representatives, which may consist of various methods of
informing such representatives of such duties, in order to protect
the legal rights and safety of children and families from the initial
time of contact during investigation through treatment;
- provisions and procedures for improving the training,
retention, and supervision of caseworkers;
- provisions and procedures for referral of a child under
the age of 3 who is involved in a substantiated case of child abuse
or neglect to early intervention services funded under part C of the
Individuals with Disabilities Education Act; and
- not later than 2 years after the date of the enactment of
the Keeping Children and Families Safe Act of 2003, provisions
and procedures for requiring criminal background checks for
prospective foster and adoptive parents and other adult relatives
and non-relatives residing in the household.
- 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 disabled infants
with life-threatening conditions), procedures or programs, or both
(within the State child protective services system), to provide for—
- coordination and consultation with individuals designated
by and within appropriate health-care facilities;
- 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 disabled infants with life-threatening
conditions); and
- authority, under State law, for the State child protective
services system to pursue any legal remedies, including the
authority to initiate legal proceedings in a court of competent
jurisdiction, as may be necessary to prevent the withholding of
medically indicated treatment from disabled infants with life
threatening conditions;
- a description of—
- the services to be provided under the grant to individuals,
families, or communities, either directly or through referrals aimed
at preventing the occurrence of child abuse and neglect;
- 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; and
- the training to be provided under the grant for individuals
who are required to report suspected cases of child abuse and
neglect; and
- an assurance or certification that the programs or projects
relating to child abuse and neglect carried out under part B of title IV of
the Social Security Act [42 U.S.C. 620 et seq.] comply with the
requirements set forth in paragraph (1) and this paragraph.
Nothing in subparagraph (A) 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.
- LIMITATION.—With regard to clauses (vi) and (vii) of paragraph
(2)(A), nothing in this section shall be construed as restricting the
ability of a State to refuse to disclose identifying information
concerning the individual initiating a report or complaint alleging
suspected instances of child abuse or neglect, except that the State may
not refuse such a disclosure where a court orders such disclosure after
such court has reviewed, in camera, the record of the State related to
the report or complaint and has found it has reason to believe that the
reporter knowingly made a false report.
- DEFINITIONS.—For purposes of this subsection—
- the term “near fatality” means an act that, as certified by a
physician, places the child in serious or critical condition; and
- 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.
- CITIZEN REVIEW PANELS.—
- ESTABLISHMENT.—
- 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.
- EXCEPTIONS.—
- 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
establish not less than 1 citizen review panel.
- DESIGNATION OF EXISTING ENTITIES.—A State
may designate as panels for purposes of this subsection one or
more existing entities established under State or Federal law, such
as child fatality panels or foster care review panels, if such entities
have the capacity to satisfy the requirements of paragraph (4) and
the State ensures that such entities will satisfy such requirements.
- 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.
- MEETINGS.—Each panel established pursuant to paragraph (1)
shall meet not less than once every 3 months.
- FUNCTIONS.—
- 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—
- the State plan under subsection (b) of this section;
- the child protection standards set forth in subsection (b) of
this section; and
- any other criteria that the panel considers important to
ensure the protection of children, including—
- 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
- a review of child fatalities and near fatalities (as
defined in subsection (b)(4) [of this section]).
- CONFIDENTIALITY.—
- IN GENERAL.—The members and staff of a panel
established under paragraph (1)—
- 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
- shall not make public other information unless
authorized by State statute.
- CIVIL SANCTIONS.—Each State that establishes a panel
pursuant to paragraph (1) shall establish civil sanctions for a
violation of clause (i).
- 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).
- STATE ASSISTANCE.—Each State that establishes a panel
pursuant to paragraph (1)—
- 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
- shall provide the panel, upon its request, staff assistance for the
performance of the duties of the panel.
- REPORTS.—Each panel established under paragraph (1) shall
prepare and make available to the State and the public, on an annual basis, a
report containing a summary of the activities of the panel and
recommendations to improve the child protection services system at the
State and local levels. Not later than 6 months after the date on which a
report is submitted by the panel to the State, the appropriate State agency
shall submit a written response to State and local child protection systems
and the citizen review panel that describes whether or how the State will
incorporate the recommendations of such panel (where appropriate) to make
measurable progress in improving the State and local child protection
system.
- 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:
- The number of children who were reported to the State during the
year as abused or neglected.
- Of the number of children described in paragraph (1), the number
with respect to whom such reports were—
- substantiated;
- unsubstantiated; or
- determined to be false.
- Of the number of children described in paragraph (2)—
- the number that did not receive services during the year under
the State program funded under this section or an equivalent State
program;
- the number that received services during the year under the
State program funded under this section or an equivalent State
program; and
- the number that were removed from their families during the
year by disposition of the case.
- The number of families that received preventive services from the
State during the year.
- The number of deaths in the State during the year resulting from
child abuse or neglect.
- Of the number of children described in paragraph (5), the number of
such children who were in foster care.
- The number of child protective services workers responsible for the
intake and screening of reports filed in the previous year.
- The agency response time with respect to each such report with
respect to initial investigation of reports of child abuse or neglect.
- The response time with respect to the provision of services to
families and children where an allegation of abuse or neglect has been
made.
- The number of child protective services workers responsible for
intake, assessment, and investigation of child abuse and neglect reports
relative to the number of reports investigated in the previous year.
- 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 and neglect, including the death of the
child.
- 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.
- The annual report containing the summary of activities of the
citizen review panels of the State required by subsection (c)(6).
- 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.
- ANNUAL REPORT BY SECRETARY.—Within 6 months after
receiving the State reports under subsection (d) of this section, the Secretary
shall prepare a report based on information provided by the States for the fiscal
year under such subsection and shall make the report and such information
available to the Congress and the national clearinghouse for information relating
to child abuse.
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