Sec. 7. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs
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Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. ) is amended by adding at the end the following new section: In this section: The term child means an individual who has not attained the age of 18. The term covered program means each location of a program operated by a public or private entity that, with respect to one or more children who are unrelated to the owner or operator of the program— provides a residential environment, such as— a program with a wilderness or outdoor experience, expedition, or intervention; a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; a therapeutic boarding school; or a behavioral modification program; and operates with a focus on serving children with— emotional, behavioral, or mental health problems or disorders; or problems with alcohol or substance abuse.
The term covered program does not include— a hospital licensed by the State; or a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. The term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ).
To be eligible to receive a grant under section 106, a State shall— not later than three years after the date of the enactment of this section, develop policies and procedures to prevent child abuse and neglect at covered programs operating in such State, including having in effect health and safety licensing requirements applicable to and necessary for the operation of each location of such covered programs that include, at a minimum— standards that meet or exceed the standards required under section 3(a)(1) of the Stop Child Abuse in Residential Programs for Teens Act of 2013 ; the provision of essential food, water, clothing, shelter, and medical care necessary to maintain physical health, mental health, and general safety of children at such programs; policies for emergency medical care preparedness and response, including minimum staff training and qualifications for such responses; and notification to appropriate staff at covered programs if their position of employment meets the definition of mandated reporter, as defined by the State; develop policies and procedures to monitor and enforce compliance with the licensing requirements developed in accordance with paragraph (1), including— designating an agency to be responsible, in collaboration and consultation with State agencies providing human services (including child protective services, and services to children with emotional, psychological, developmental, or behavioral dysfunctions, impairments, disorders, or alcohol or substance abuse), State law enforcement officials, the appropriate protection and advocacy system, and courts of competent jurisdiction, for monitoring and enforcing such compliance; establishing a State licensing application process through which any individual seeking to operate a covered program would be required to disclose all previous substantiated reports of child abuse and neglect and all child deaths at any businesses previously or currently owned or operated by such individual, except that substantiated reports of child abuse and neglect may remain confidential and all reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect; conducting unannounced site inspections not less often than once every two years at each location of a covered program; creating a non-public database, to be integrated with the annual State data reports required under section 106(d), of reports of child abuse and neglect at covered programs operating in the State, except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect; and implementing a policy of graduated sanctions, including fines and suspension and revocation of licences, against covered programs operating in the State that are out of compliance with such health and safety licensing requirements; if the State is not yet satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures for notifying the Secretary and the appropriate protection and advocacy system of any report of child abuse and neglect at a covered program operating in the State not later than 30 days after the appropriate State entity, or subdivision thereof, determines such report should be investigated and not later than 48 hours in the event of a fatality; if the Secretary determines that the State is satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures for notifying the Secretary if— the State determines there is evidence of a pattern of violations of the standards required under paragraph
(1)at a covered program operating in the State or by an owner or operator of such a program; or there is a child fatality at a covered program operating in the State; develop policies and procedures for establishing and maintaining a publicly available database of all covered programs operating in the State, including the name and each location of each such program and the name of the owner and operator of each such program, information on reports of substantiated child abuse and neglect at such programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect and that such database shall include and provide the definition of substantiated used in compiling the data in cases that have not been finally adjudicated), violations of standards required under paragraph (1), and all penalties levied against such programs; annually submit to the Secretary a report that includes— the name and each location of all covered programs, including the names of the owners and operators of such programs, operating in the State, and any violations of State licensing requirements developed pursuant to subsection (b)(1); and a description of State activities to monitor and enforce such State licensing requirements, including the names of owners and operators of each covered program that underwent a site inspection by the State, and a summary of the results and any actions taken; and if the Secretary determines that the State is satisfying the requirements of this subsection, in accordance with a determination made pursuant to subsection (c), develop policies and procedures to report to the appropriate protection and advocacy system any case of the death of an individual under the control or supervision of a covered program not later than 48 hours after the State is informed of such death. The Secretary shall not determine that a State’s licensing requirements, monitoring, and enforcement of covered programs operating in the State satisfy the requirements of subsection
(b)unless— the State implements licensing requirements for such covered programs that meet or exceed the standards required under subsection (b)(1); the State designates an agency to be responsible for monitoring and enforcing compliance with such licensing requirements; the State conducts unannounced site inspections of each location of such covered programs not less often than once every two years; the State creates a non-public database of such covered programs, to include information on reports of child abuse and neglect at such programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect); the State implements a policy of graduated sanctions, including fines and suspension and revocation of licenses against such covered programs that are out of compliance with the health and safety licensing requirements under subsection (b)(1); and after a review of assessments conducted under section 3(b)(1)(B) of the Stop Child Abuse in Residential Programs for Teens Act of 2013 , the Secretary determines the State is appropriately investigating and responding to allegations of child abuse and neglect at such covered programs. Beginning two years after the date of the enactment of the Stop Child Abuse in Residential Programs for Teens Act of 2013 , the Secretary shall implement a process for continued monitoring of each State that is determined to be satisfying the licensing, monitoring, and enforcement requirements of subsection (b), in accordance with a determination made pursuant to subsection (c), with respect to the performance of each such State regarding— preventing child abuse and neglect at covered programs operating in each such State; and enforcing the licensing standards described in subsection (b)(1). The process required under paragraph
(1)shall include in each State, at a minimum— an investigation not later than 60 days after receipt by the Secretary of a report from a State, or a subdivision thereof, of child abuse and neglect at a covered program operating in the State, and submission of findings to appropriate law enforcement or other local entity where necessary, if the report indicates— a child fatality at such program; or there is evidence of a pattern of violations of the standards required under subsection (b)(1) at such program or by an owner or operator of such program; an annual review by the Secretary of cases of reports of child abuse and neglect investigated at covered programs operating in the State to assess the State’s performance with respect to the appropriateness of response to and investigation of reports of child abuse and neglect at covered programs and the appropriateness of legal actions taken against responsible parties in such cases; and unannounced site inspections of covered programs operating in the State to monitor compliance with the standards required under section 3(a) of the Stop Child Abuse in Residential Programs for Teens Act of 2013 . If the Secretary determines, pursuant to an evaluation under this subsection, that a State is not adequately implementing, monitoring, and enforcing the licensing requirements of subsection (b)(1), the Secretary shall require, for a period of not less than one year, that— the State shall inform the Secretary of each instance there is a report to be investigated of child abuse and neglect at a covered program operating in the State; and the Secretary and the appropriate local agency shall jointly investigate such report. . Section 112(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended by striking $120,000,000 and all that follows through the period and inserting $235,000,000 for each of fiscal years 2014 through 2018. . Section 103(c)(1)(D) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(c)(1)(D) ) is amended by inserting after specific the following: (including reports of child abuse and neglect occurring at covered programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect), as such term is defined in section 114) . Section 106(b)(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b)(1) ) is amended by adding at the end the following new subparagraph: To be eligible to receive a grant under this section, a State shall comply with the requirements under section 114(b) and shall include in the State plan submitted pursuant to subparagraph
(A)a description of the activities the State will carry out to comply with the requirements under such section 114(b). . Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended— in paragraph (1), by inserting before the period at the end the following: (including reports of child abuse and neglect occurring at covered programs (except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect), as such term is defined in section 114) ; and in paragraph (6), by inserting before the period at the end the following: or who were in the care of a covered program, as such term is defined in section 114 . Section 1(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113 the following new item: Sec. 114. Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs. .
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Sec. 7
Additional eligibility requirements for grants to States to prevent child abuse and neglect at residential programs
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