Sec. 302. Requirement for de-escalation strategies relating to interactions with law enforcement authorities
966 words·~4 min read·
/bill/116/s/4172/is/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 422(b) of the Social Security Act ( 42 U.S.C. 622(b) ) is amended— in paragraph (18), by striking and after the semicolon; in paragraph (19)(B), by striking the period at the end and inserting ; and ; and by adding at the end the following: not later than 180 days after the date of enactment of this paragraph, describe the steps the State is taking under the State programs assisted under this subpart, subpart 2 of this part, and part E, to— develop and implement de-escalation strategies to— reduce unnecessary interactions with law enforcement authorities for children, youth, and families coming to the attention of child welfare agencies and for children and youth in foster care; ensure law enforcement authorities and caseworkers, social workers, or other behavioral health specialists collaborate (as much as practicable) when law enforcement authorities have interactions with children, youth, and families coming to the attention of child welfare agencies and children and youth in foster care; ensure that any involvement of law enforcement authorities in child abuse or neglect investigations, child welfare interventions, placement incidents, or court or administrative proceedings involving children or youth in foster care, is not coercive or intended to intimidate; and promote the provision of trauma-informed, culturally-responsive programming and services for children and youth in foster care; provide training on such de-escalation strategies for caseworkers and other child welfare agency staff, including supervisors and support staff, personnel employed or preparing for employment by the State agency responsible for administering the State plans under this subpart, subpart 2 of this part, and part E, or by any local agency administering any such plan, staff of State-licensed or State-approved public or private nonprofit child welfare agencies, tribal child welfare agencies and organizations, staff of law enforcement authorities, State and tribal court personnel, including judges, current or prospective foster or adoptive parents, relative guardians, kin caregivers, and the members of the staff of State-licensed or State-approved child care institutions, including congregate care settings and residential treatment facilities, and qualified residential treatment programs (as defined in section 472(k)(4)); and ensure that the State agency responsible for administering the State plans under this subpart, subpart 2 of this part, and part E, local agencies administering any such plan, State-licensed or State-approved public or private nonprofit child welfare agencies, and tribal child welfare agencies, review system interactions with law enforcement authorities that are required under such plans or under the Child Abuse Prevention and Treatment Act to ensure such interactions occur in manner that protects children, does not traumatize children, and is in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma’s consequences and facilitate healing. .
Section 422(b)(4)(B) of such Act ( 42 U.S.C. 622(b)(4)(B) ) is amended by inserting (including with respect to the training on de-escalation strategies required under paragraph (20)) after State . Section 426 of such Act ( 42 U.S.C. 626 ) is amended by adding at the end the following: In addition to any amounts otherwise made available to carry out this section and this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for each of fiscal years 2020 through 2022, $15,000,000, for making payments to States in accordance with this subsection.
From the amount appropriated under paragraph
(1)for a fiscal year, the Secretary shall allot— to each Indian tribe or tribal consortium with a plan approved under this subpart and to each of the jurisdictions of Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa, an amount that shall not exceed $100,000; and to each State that is not an Indian tribe, tribal consortium, or jurisdiction specified in clause (i), an amount that is not less than $200,000. If any amounts appropriated under paragraph
(1)remain after the application of subparagraph (A), the Secretary shall increase the amount of all such allotments by an amount determined through a formula determined by the Secretary that takes into consideration the number of children in foster care who are under the responsibility of each State and Indian tribe or tribal consortium with a plan approved under this subpart. A State or Indian tribe or tribal consortium shall use the funds paid under this subsection to provide the training required under section 422(b)(20)(B). Each State or Indian tribe or tribal consortium with a plan approved under this subpart shall be entitled to payment of 100 percent of the amount allotted to the entity under paragraph
(2)for the fiscal year. Amounts allotted to a State or Indian tribe or tribal consortium under paragraph
(2)for a fiscal year shall remain available for expenditure through the end of the succeeding fiscal year. Any amounts reallotted shall remain available only through the end of the fiscal year in which such amounts are distributed. Subject to subparagraph (B)(i), subsection
(e)of section 423 shall apply to the amounts allotted under paragraph
(2)in the same manner as that section applies to allotments made under subsection
(a)of that section. The limitation on payments for administrative costs under section 424(e) shall not apply to the amounts allotted under paragraph (2). Each State and Indian tribe or tribal consortium provided an allotment under this subsection shall submit a report to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, on the activities carried out with the amounts paid to the State. The Secretary may modify the reporting requirement under subparagraph
(A)for an Indian tribe or tribal consortium to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe or tribal consortium, taking into account the resources, needs, and other circumstances of the Indian tribe or tribal consortium. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 302
Requirement for de-escalation strategies relating to interactions with law enforcement authorities
Cites 2Cited by 0 across 0 sources