Sec. 6. Strengthening national data on child fatalities from maltreatment
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/bill/115/s/1964/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 422(b)(19) of the Social Security Act ( 42 U.S.C. 622(b)(19) ) is amended— by striking contain a description and inserting “contain— a description ; by striking the period at the end and inserting a semicolon; and by adding at the end the following: assurances that the State shall— annually engage in a multidisciplinary review of all child fatalities from maltreatment in the State that occurred during the previous year in accordance with the requirements of section 429A; and .
Subpart 1 of part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.) is amended by adding at the end the following: In order to satisfy the requirements of section 422(b)(19)(B)(i), a State shall require the State's multidisciplinary child death review team or other multidisciplinary team established by the State that is comprised of child welfare workers, child protective services workers, prosecutors, law enforcement, coroners or medical examiners, public health care providers, pediatricians with expertise in child maltreatment and the child welfare system, substance abuse treatment providers, and other individuals integral to the child welfare system (in this section referred to as the review team ) to annually review all child fatalities from maltreatment in the State that occurred during the most recently ended fiscal year and for which all administrative or judicial review is complete or no longer timely.
Any child fatality from maltreatment in the State that occurred during the most recently ended fiscal year but for which administrative or judicial review is not complete or remains timely shall be reviewed by the review team in the first annual review period that occurs after all administrative or judicial review is complete or no longer timely. The review team shall— for each child fatality from maltreatment in the State subject to review, make findings regarding the causes of child's fatality and other factors that impacted the child's fatality, the circumstances of the fatality, the characteristics of the victim, the perpetrators, including their relationship to the child, and the parents or guardians of the child, whether there were previous familial interactions with child protective services and the outcomes of those interactions, whether the child had any siblings and how many, and the social services, public cash or in-kind assistance, health (including mental health) services, substance abuse treatment, or other public or private services provided to or on behalf of the child prior to the child's death; submit all findings and data made in accordance with paragraph
(1)to the Child Death Review Case Reporting System (in this section referred to as the CDR Reporting System ) operated by the National Center for Fatality Review and Prevention; based on the findings made in accordance with paragraph (1), develop recommendations for preventing future child fatalities from maltreatment; and submit an annual report to the State Governor, the State Legislature, and, if the incident reporting threshold established under subsection
(c)is met, to the Secretary, that contains the findings and data submitted to the CDR Reporting System under subparagraph
(2)(de-identified) and the recommendations developed under paragraph (3). The Secretary annually shall establish a national reporting incident threshold for each State for purposes of protecting the privacy of families and other living individuals whose information is part of the findings and data submitted under subsection (b)(2) and the annual report to the State Governor and State Legislature required under subsection (b)(4). In establishing such threshold for a State, the Secretary shall ensure that the reporting threshold is sufficient to prevent the re-identification of living individuals who could be identified in the information contained in the annual report required under subsection (b)(4). If the number of child fatalities from maltreatment in a State in a fiscal year is below the reporting threshold established for the State for the fiscal year, the State shall not submit the annual report required under subsection (b)(4) to the Secretary but shall submit to the Secretary— the findings and data submitted to the CDR Reporting System under subsection (b)(2) for the purpose of making such findings and data accessible as a public use data set on the national website required under subsection
(g)after redacting any personal identifying information; and the recommendations developed under subsection (b)(3). Amounts expended by a State during each quarter beginning after December 31, 2017, for administrative costs (as defined in section 422(c)(1)) to carry out this section and section 422(b)(19)(B) shall be deemed to be amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan under part E for purposes of Federal matching payments under section 474(a)(3)(E). The Secretary, in consultation with the Assistant Secretary-Indian Affairs of the Bureau of Indian Affairs of the Department of Interior and tribal child welfare organizations, shall determine how and the extent to which the requirements of this section shall apply to Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). The limitations on payments for administrative costs under sections 424(e) and 472(i) shall not apply to State expenditures made to carry out this section. The Secretary, in coordination with the National Center for Fatality Review and Prevention, shall publish on a website that is available to the public and maintained and updated at least annually— each annual report submitted to the Secretary under subsection (b)(4); and the findings and data submitted to the CDR Reporting System under subsection (b)(2) (with any personal identifying information or information that identifies the submitting State redacted) in a manner that is accessible as a public use data set for purposes of research to identify risk factors and to prevent future deaths of children from maltreatment. The Secretary shall notify Congress when information on the website required under paragraph
(1)is updated. . Section 425 of the Social Security Act ( 42 U.S.C. 625 ) is amended by striking 426, 427, and 429 and inserting 422(b)(19)(B), 426, 427, 429, and 429A .
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Sec. 6
Strengthening national data on child fatalities from maltreatment
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