Sec. 3. Standards and enforcement
1,621 words·~7 min read·
/bill/114/hr/3060/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of enactment of this Act, the Secretary shall require each covered program, in order to provide for the basic health and safety of children at such a program, to meet the following minimum standards: Child abuse and neglect shall be prohibited. Disciplinary techniques or other practices that involve the withholding of essential food, water, clothing, shelter, or medical care necessary to maintain physical health, mental health, and general safety, shall be prohibited.
Acts of physical or mental abuse designed to humiliate, degrade, or undermine a child’s self-respect shall be prohibited. The use of seclusion, mechanical restraints, and physical restraints that impair breathing or communication is prohibited. Physical restraints other than the restraints described in clause
(i)may be used (if not contraindicated) only in emergency situations in which a child presents an imminent danger of harm to self or others and only after less restrictive interventions have been determined to be ineffective. Each child at such a program shall have reasonable access to a telephone, and be informed of their right to such access to maintain frequent contact, including making and receiving scheduled and unscheduled calls, unrestricted written correspondence, and electronic communications with as much privacy as possible, and shall have access to existing and appropriate national, State, and local child abuse reporting hotline numbers. An appropriate ratio of medical, clinical, and line staff to children, as determined by the Secretary, to ensure child safety and the efficacy of treatment. Not less than one full-time licensed clinician or mental health practitioner, as defined by State law, shall be employed as a senior manager of such a program. Not less than one licensed clinician, as defined by State law, shall be present at all times at such a program. Policies to require— parents or legal guardians of a child attending such a program to notify, in writing, such program of any medication the child is taking; a licensed full-time clinician— to obtain consent from the parents or legal guardians of the child to make any change to the child’s medical treatment, except in the case of an emergency; in the case of an emergency, to notify the parents or guardians within 24 hours after any change to the child’s medical treatment and the reason for such change; and to notify the parents or guardians within 24 hours after any changes to the child’s prescribed medication or any missed dosage of prescribed medication, and the reason for such change or occurrence; and the covered program to notify parents or legal guardians of a child of any changes to their treating provider team within 48 hours. Procedures for notifying immediately, to the maximum extent practicable, but not later than within 6 hours, parents or legal guardians with children at such a program and the appropriate protection and advocacy system of any— on-site investigation of a report of child abuse and neglect; violation of the health and safety standards described in this paragraph; and violation of State licensing requirements. Full disclosure, in writing, of staff qualifications and their roles and responsibilities at such a program, including any medical, emergency response, and mental health training received by such staff, shall be given to parents or legal guardians of children at such a program. Full disclosure, in writing, of the private right of action established under subsection (b)(3) of this Act, shall be given to parents or legal guardians of children at such a program. Each staff member, including volunteers, at such a program shall be required, as a condition of employment, to become trained in what constitutes child abuse and neglect, State law relating to mandated reporters, and procedures for reporting child abuse and neglect in the State in which such a program is located, and information on existing and appropriate national, State, and local child abuse reporting hotline numbers. Each staff member, including volunteers, at such a program shall be required, as a condition of employment, to become trained in recognizing the signs, symptoms, and appropriate responses associated with common medical emergencies and mental health crisis, including suicide and worsening symptoms of mental illness. Each staff member, including volunteers, shall be required, as a condition of employment, to submit to a criminal history check, including a name-based search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ), a search of the State criminal registry or repository in the State in which the covered program is operating, and a Federal Bureau of Investigation fingerprint check. An individual shall be ineligible to serve in a position with any contact with children at a covered program if any such record check reveals a violent felony conviction that, by virtue of its nature, proximity in time, or other factor, presents a direct increase to a child’s risk of harm in the program as determined by the Secretary. The covered program shall provide an independent process by which an applicant or staff member who is determined to be ineligible as a result of a criminal history check under clause
(i)shall have the right— to obtain a copy of the report resulting from the check; and within 10 business days after receipt of the report, to appeal, in order to dispute the accuracy of the information obtained through the check. Full disclosure, in writing on promotional and informational materials produced by such a program, shall be given to parents or legal guardians of children at such a program, which shall include— the name and location of a covered program, including the names of any owners and operators; the numbers and percentages of children who terminated participation prior to completion of that program in the past 5 years, including discharges against medical advice; any past violations of the standards under section 3(a)(1) and any penalties levied against the program as a result of such violations; its most updated status with State licensing requirements; the number of deaths that occurred in that program for up to a period of 10 years, including the cause of each death; the names of owners and operators that have violated State licensing requirements; information on evidence-based or promising practices employed as treatment of a covered program, including information to aid parents in finding community-based resources; and any national, State, and local telephone hotline numbers made available to children and staff to report complaints of abuse and violations. Covered programs shall work with the parent or legal guardian and the child’s community providers in the development, modification, and implementation of treatment and discharge plans, including a plan for community reintegration and linkage to community-based providers and supports. Ensure that no person shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability, be subjected to discrimination under any program or activity, in whole or in part, covered by this Act. Ensure that covered programs employ safe, evidence-based practices, and that children are protected against harmful or fraudulent practices including isolation and restraints. Any other standards the Secretary determines appropriate to provide for the basic health and safety of children at such a program. Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate and enforce interim regulations to carry out paragraph (1). The Secretary shall, for a 90-day period beginning on the date of the promulgation of interim regulations under subparagraph
(A)of this paragraph, solicit and accept public comment concerning such regulations. Such public comment shall be submitted in written form. Not later than 90 days after the conclusion of the 90-day period referred to in subparagraph
(B)of this paragraph, the Secretary shall promulgate and enforce final regulations to carry out paragraph (1). Not later than 180 days after the date of enactment of this Act, the Secretary shall implement a review process for overseeing, investigating, and evaluating reports of child abuse and neglect at covered programs received by the Secretary from the appropriate State, in accordance with section 114(b)(3) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act. Such review process shall— include an investigation to determine if a violation of the standards required under subsection (a)(1) has occurred; and include consultation and collaboration with relevant Federal and State agencies. Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing civil penalties for violations of the standards required under subsection (a)(1). The regulations establishing such penalties shall incorporate the following: Any owner or operator of a covered program at which the Secretary has found a violation of the standards required under subsection (a)(1) may be assessed a civil penalty not to exceed $50,000 per violation. All penalties collected under this subsection shall be deposited in the appropriate account of the Treasury of the United States. Any person who suffers injury by reason of a violation of this section may maintain a civil action against the violator to obtain appropriate compensatory damages and injunctive relief or other equitable relief. The Secretary shall establish a process to assist States in the oversight and enforcement of this Act, which shall include— assisting States in implementing oversight mechanisms to ensure compliance with the standards under subsection (a)(1); maintaining oversight of covered programs in cases in which a State has not established mechanisms sufficient to ensure compliance with the standards under subsection (a)(1) within 3 years after the date of the enactment of this Act; and encouraging the use of local, State, or national hotline numbers for the reporting of child abuse and any other resources the Secretary determines to be appropriate.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 3
Standards and enforcement
Cites 1Cited by 0 across 0 sources