Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs

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Subsection

(a)of section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended to read as follows: The Secretary shall make grants to the States, from allotments under subsection

(f)for each State that applies for a grant under this section, for purposes of assisting the States in improving and implementing a child protective services system that is family-centered, integrates community services, and is capable of providing rapid response to high-risk cases, by carrying out the following: Conducting the intake, assessment, screening, and investigation of reports of child abuse or neglect. Ensuring that reports concerning a child’s living arrangements or subsistence needs are addressed through services or benefits and that no child is separated from such child’s parent for reasons of poverty. Creating and improving the use of multidisciplinary teams and interagency, intra-agency, interstate, and intrastate protocols to enhance fair investigations; and improving legal preparation and representation. Complying with the assurances in section 106(b)(2). Establishing State and local networks of child and family service providers that support child and family well-being, which shall— include child protective services, as well as agencies and service providers, that address family-strengthening, parenting skills, child development, early childhood care and learning, child advocacy, public health, mental health, substance use disorder treatment, domestic violence, developmental disabilities, housing, juvenile justice, elementary and secondary education, and child placement; and address instances of child abuse and neglect by incorporating evaluations that assess the development of a child, including language and communication, cognitive, physical, and social and emotional development, the need for mental health services, including trauma-related services, trauma-informed care, and parental needs. Ensuring child protective services is addressing the safety of children and responding to parent and family needs, which shall include— family-oriented efforts that emphasize case assessment and follow up casework focused on child safety and child and parent well-being, which may include— ensuring parents and children undergo physical and mental health assessments, as appropriate, and ongoing developmental monitoring; multidisciplinary approaches to assessing family needs and connecting the family with services, including prevention services under section 471 of the Social Security Act ( 42 U.S.C. 671 ); organizing a treatment team with the goal of preventing child abuse and neglect, and improving parent and child well-being; case monitoring that supports child well-being; and differential response efforts; and establishing and maintaining a rapid response system that responds promptly to all reports of child abuse or neglect, with special attention to cases involving children under 3 years of age. Educating caseworkers, community service providers, attorneys, health care professionals, parents, and others engaged in the prevention, intervention, and treatment of child abuse and neglect, which shall include education on— practices that help ensure child safety and well-being; approaches to family-oriented prevention, intervention, and treatment of child abuse and neglect; early childhood, child, and adolescent development, and the impact of adverse childhood experiences on such development; the relationship between child abuse and domestic violence, and support for non-abusing parents; strategies to work with families impacted by substance use disorder and mental health issues (and, when appropriate, be coordinated with prevention efforts funded under section 471 of the Social Security Act ( 42 U.S.C. 671 )); effective use of multiple services to address family and child needs, including needs resulting from trauma; efforts to improve family and child well-being; support for child welfare workers affected by secondary trauma; and supporting families and caregivers to combat and prevent unsubstantiated, unfounded, or false reports, including through education on the rights of families and caregivers. Creating or improving data systems that allow for— the identification of cases requiring prompt responses; real-time case monitoring that tracks assessments, service referrals, follow-up, case reviews, and progress toward parent and child goals; and sharing basic identifying data with law enforcement, as necessary. Improving the general child protective system by developing, improving, and implementing safety assessment tools, providing that such tools, protocols, and systems shall not authorize the separation of any child from the legal parent or guardian of such child solely on the basis of poverty, or without a judicial order, except in the case of imminent harm. . Paragraph

(1)of section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) is amended to read as follows: To be eligible to receive a grant under this section, a State shall submit to the Secretary a State plan that— specifies how the grant will be used, and the State’s strategic plan, to treat child abuse and neglect and enhance community-based, prevention-centered approaches that attempt to prevent child abuse and neglect while strengthening and supporting families whenever possible; and meets the requirements of this subsection. Each State, to the maximum extent practicable, shall coordinate its State plan under this subsection with its State plan under part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.) relating to child and family services and, in States electing to provide services under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq.) relating to foster care prevention services, its State plan under such part E. In developing a State plan under this subsection, a State shall consult with community-based prevention and service agencies, parents and families affected by child abuse or neglect in the State, law enforcement, family court judges, prosecutors who handle criminal child abuse cases, and medical professionals engaged in the treatment of child abuse and neglect. Each State plan shall— be submitted not less than every 5 years; and if necessary, revised by the State to inform the Secretary of any substantive changes, including— any changes to State law or regulations, relating to the prevention of child abuse and neglect that may affect the eligibility of the State under this section; or any changes in the State’s activities, strategies, or programs under this section. . Paragraph

(2)of section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) is amended to read as follows: A State plan submitted under paragraph

(1)shall contain a description of the activities that the State will carry out using amounts received under the grant to achieve the objectives of this title, including— an assurance in the form of a certification by the Governor 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 an individual to report known and suspected instances of child abuse and neglect, including a State law for mandatory reporting by individuals required to report such instances; procedures for the immediate screening, risk and safety assessment, and prompt investigation of such reports of alleged abuse and neglect in order to ensure the well-being and safety of children; procedures for immediate steps to be taken to ensure and protect the safety of a victim of child abuse or neglect and of any other child under the same care who may also be in danger of child abuse or neglect and ensuring their placement in a safe environment; 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 Act 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

(xi)of this subparagraph; 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 and procedures requiring that in every case involving a victim of child abuse or neglect which results in a judicial proceeding, a guardian ad litem, who has received education appropriate to the role, including education in early childhood, child, and adolescent development, and domestic violence, and who may be an attorney or a court appointed special advocate who has received education appropriate to that role (or both), shall be appointed to represent the child (who, for purposes of this section, shall have any age limit elected by the State pursuant to section 475(8)(B)(iii) of the Social Security Act ( 42 U.S.C. 675(8)(B)(iii) ) in such proceedings— to obtain first-hand, a clear understanding of the situation and needs of such child; and to make recommendations to the court concerning the best interests of such child; the establishment of citizen review panels in accordance with subsection (c); 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 or 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, 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 child abuse or neglect can appeal such finding; provisions addressing the professional development 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 (including providing such education in different languages if necessary), in order to protect the legal rights and safety of children and their parents and caregivers from the initial time of contact during investigation through treatment; provisions for immunity from civil or criminal liability under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect; provisions to require the 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 child abuse and 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 for requiring criminal background record checks that meet the requirements of section 471(a)(20) of the Social Security Act ( 42 U.S.C. 671(a)(20) ) for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household; provisions for systems of technology that support the State child protective services system and track reports of child abuse and neglect from intake through final disposition; provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 103(12) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (12)); 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, United States Code, 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, United States Code, 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; to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent; to have committed sexual abuse against the surviving child or another child of such parent; or to be required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16913(a) ); and 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); 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 infants with disabilities who have 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 infants with disabilities who have 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 infants with disabilities who have life-threatening conditions; an assurance or certification that programs and education conducted under this title address the unique needs of unaccompanied homeless youth, including access to enrollment and support services and that such youth are eligible for under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq., 670 et seq.) and meet the requirements of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq.); a description of— policies and procedures (including appropriate referrals to child welfare service systems and for other appropriate services (including home visiting services and mutual support and parent partner programs) determined by a family assessment) to address the needs of infants born with and identified as being affected by substance use or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective welfare service system of the occurrence of such condition in such infants, except that— child protective services shall undertake an investigation only when the findings of a family assessment warrant such investigation; and such notification shall not be construed to— establish a definition under Federal law of what constitutes child abuse or neglect; or require prosecution for any illegal action; the development of a multi-disciplinary plan of safe care for the infant born and identified as being affected by substance use or withdrawal symptoms or a Fetal Alcohol Spectrum Disorder to ensure the safety and well-being of such infant following release from the care of health care providers, including through— using a risk-based approach to develop each plan of safe care; addressing, through coordinated service delivery, the health and substance use disorder treatment needs of the infant and affected family or caregiver as determined by a family assessment; and the development and implementation by the State of monitoring systems regarding the implementation of such plans of safe care to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver; policies and procedures to make available to the public on the State website the data, findings, and information about all cases of child abuse or neglect resulting in a child fatality or near fatality, including a description of— how the State will not create an exception to such public disclosure, except in a case in which— the State would like to delay public release of case-specific findings or information (including any previous reports of domestic violence and subsequent actions taken to assess and address such reports) while a criminal investigation or prosecution of such a fatality or near fatality is pending; the State is protecting the identity of a reporter of child abuse or neglect; or the State is withholding identifying information of members of the victim’s family who are not perpetrators of the fatality or near fatality; and how the State will ensure that in providing the public disclosure required under this clause, the State will include— the cause and circumstances of the fatality or near fatality; the age and gender of the child; and any previous reports of child abuse or neglect investigations that are relevant to the child abuse or neglect that led to the fatality or near fatality; how the State will use data collected on child abuse or neglect to prevent child fatalities and near fatalities; how the State will implement efforts to prevent child fatalities and near fatalities; 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 and neglect; the steps the State will take to improve the professional development, retention, and supervision of caseworkers and how the State will measure the effectiveness of such efforts; the State’s plan to ensure each child under the age of 3 who is involved in a substantiated case of child abuse or neglect will be referred to the State’s child find system under section 635(a)(5) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1435(a)(5) ) in order to determine if the child is an infant or toddler with a disability (as defined in section 632(5) of such Act ( 20 U.S.C. 1432(5) )); the State’s plan to improve, as part of a comprehensive State strategy led by law enforcement, professional development for child protective services workers and their appropriate role in identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, in coordination with law enforcement, juvenile justice agencies, runaway and homeless youth shelters, and health, mental health, and other social service agencies and providers; 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 State’s efforts to ensure professionals who are required to report suspected cases of child abuse and neglect are aware of their responsibilities under subparagraph (A)(i) and receive professional development relating to performing such responsibilities that is specific to their profession and workplace; policies and procedures encouraging the appropriate involvement of families in decisionmaking pertaining to children who experienced child abuse or neglect; the State’s efforts to improve appropriate collaboration among child protective services agencies, domestic violence services agencies, substance use disorder treatment agencies, and other agencies in investigations, interventions, and the delivery of services and treatment provided to children and families affected by child abuse or neglect, including children exposed to domestic violence, where appropriate; policies and procedures regarding the use of differential response, as applicable, to improve outcomes for children; and the State’s efforts to reduce racial bias in its child protective services system. . Paragraph

(3)of section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) is amended— in the paragraph heading, by striking and inserting Limitation ; Limitations by striking With regard to clauses

(vi)and

(vii)of paragraph (2)(B), and inserting the following: With regard to subparagraphs (A)(iv) and (D)(iii) of paragraph (2), ; by striking the period at the end and inserting ; and ; and by adding at the end the following: Nothing in paragraph

(2)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. . Paragraph

(4)of section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) is amended— in the paragraph heading, by striking and inserting Definitions ; Definition by striking this subsection and all that follows through means an act and inserting the following: this subsection, the term ; near fatality means an act by striking ; and and inserting a period; and by striking subparagraph (B). Section 106(c) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(c) ) is amended— in paragraph (1)(B), by striking and all that follows through Exceptions. A State may and inserting ; Exception. —A State may in paragraph (4)(A)— in the matter preceding clause (i), by striking and where appropriate, specific cases, ; and in clause (iii)(I), by striking foster care and adoption programs and inserting foster care, prevention, and permanency programs ; and by amending the first sentence of paragraph

(6)to read as follows: 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, the criteria used for determining which activities the panel engaged in, and recommendations or observations to improve the child protective services system at the State and local levels, and the data upon which these recommendations or observations are based. . Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended— by amending paragraph

(13)to read as follows: The annual report containing the summary of the activities and recommendations of the citizen review panels of the State required by subsection (c)(6), and the actions taken by the State as a result of such recommendations. ; in paragraph (15), by striking subsection (b)(2)(B)(ii) and inserting subsection (b)(2)(D)(i) ; in paragraph (16), by striking subsection (b)(2)(B)(xxi) and inserting subsection (b)(2)(D)(viii) ; in paragraph (17), by striking subsection (b)(2)(B)(xxiv) and inserting subsection (b)(2)(A)(xv) ; and in paragraph (18)— in subparagraph (A), by striking subsection (b)(2)(B)(ii) and inserting subsection (b)(2)(D)(i) ; in subparagraph (B), by striking subsection (b)(2)(B)(iii) and inserting subsection (b)(2)(D)(ii) ; and in subparagraph (C), by striking subsection (b)(2)(B)(iii) and inserting subsection (b)(2)(D)(ii) ; and by adding at the end the following: The number of child fatalities and near fatalities from maltreatment and related information in accordance with the uniform standards established under section 103(d). . Section 106(f) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(f) ) is amended by adding at the end the following: For any fiscal year for which the amount allotted to a State or territory under this subsection exceeds the amount allotted to the State or territory under such subsection for fiscal year 2019, the State or territory may use not more than 2 percent of such excess amount for administrative expenses. .

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