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 facility 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, purports to provide treatment or modify behaviors in 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.
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. To be eligible to receive a grant under section 106, a State shall— not later than 3 years after the date of enactment of this section, develop policies and procedures to prevent child abuse and neglect at covered programs operating in such State, including 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 2015; provide a private right of action under State law for any person who suffers injury by reason of a violation of the standards required under paragraph (1); develop policies and procedures to enforce compliance with the requirements developed in accordance with paragraph (1), including— establishing and monitoring health and safety licensing requirements applicable to and necessary for the operation of each location of such covered programs in the State; and conducting unannounced site inspections at each location of a covered program; develop policies and procedures for timely notification to the Secretary and the appropriate protection and advocacy system 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; and annually submit to the Secretary a report that includes all covered programs within their jurisdiction, including any violations by each program or any information deemed by the Secretary to be necessary for enforcement of this Act. if the Secretary determines that the State is not satisfying the requirements of this subsection within 3 years of enactment of this Act, the Secretary shall provide assistance to the State to satisfy such requirements or withhold funding until such policies and procedures are established. . 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 $200,000,000 for each of fiscal years 2016 through 2020. . 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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