GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS.

SEC. 114. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS.(a) Development and Operation Grants.—Section 106(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended—(1) in paragraph (3)—(A) by inserting “, including ongoing case monitoring,” after “case management”; and(B) by inserting “and treatment” after “and delivery of services”;(2) in paragraph (4), by striking “improving” and all that follows through “referral systems” and inserting “developing, improving, and implementing risk and safety assessment tools and protocols”;(3) by striking paragraph (7);(4) by redesignating paragraphs (5), (6), (8), and (9) as paragraphs (6), (8), (9), and (12), respectively;(5) by inserting after paragraph (4), the following:“(5) developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange;”;(6) in paragraph (6) (as so redesignated), by striking “opportunities” and all that follows through “system” and inserting “including—“(A) training regarding research-based strategies to promote collaboration with the families;“(B) training regarding the legal duties of such individuals; and“(C) personal safety training for case workers;”;(7) by inserting after paragraph (6) (as so redesignated) the following:“(7) improving the skills, qualifications, and availability of individuals providing services to children and families, and the supervisors of such individuals, through the child protection system, including improvements in the recruitment and retention of caseworkers;”;(8) by striking paragraph (9) (as so redesignated), and inserting the following:“(9) developing and facilitating research-based strategies for training for individuals mandated to report child abuse or neglect;“(10) developing, implementing, or operating programs to assist in obtaining or coordinating necessary services for families of disabled infants with life-threatening conditions, including—“(A) existing social and health services;“(B) financial assistance; and“(C) services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption;“(11) developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature and basis for reporting suspected incidents of child abuse and neglect;”; 117 STAT. 809(9) in paragraph (12) (as so redesignated), by striking the period and inserting a semicolon; and(10) by adding at the end the following:“(13) supporting and enhancing interagency collaboration between the child protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; or“(14) supporting and enhancing collaboration among public health agencies, the child protection system, and private community-based programs to provide child abuse and neglect prevention and treatment services (including linkages with education systems) and to address the health needs, including mental health needs, of children identified as abused or neglected, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports.”.(b) Eligibility Requirements.—(1) In general.—Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended—(A) in paragraph (1)(B)—(i) by striking “provide notice to the Secretary of any substantive changes” and inserting the following: “provide notice to the Secretary—“(i) of any substantive changes; and”;(ii) by striking the period and inserting “; and”; and(iii) by adding at the end the following:“(ii) any significant changes to how funds provided under this section are used to support the activities which may differ from the activities as described in the current State application.”;(B) in paragraph (2)(A)—(i) by redesignating clauses (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), and (xiii) as clauses (iv), (vi), (vii), (viii), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi) and (xvii), respectively;(ii) by inserting after clause (i), the following:“(ii) policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition in such infants, except that such notification shall not be construed to—“(I) establish a definition under Federal law of what constitutes child abuse; or“(II) require prosecution for any illegal action;“(iii) the development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms;”;(iii) in clause (iv) (as so redesignated), by inserting “risk and” before “safety”; 117 STAT. 810(iv) by inserting after clause (iv) (as so redesignated), the following:“(v) triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service;”;(v) in clause (viii)(II) (as so redesignated), by striking “, having a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect” and inserting “, as described in clause (ix)”;(vi) by inserting after clause (viii) (as so redesignated), the following:“(ix) provisions to require a 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 abuse and neglect;”;(vii) in clause (xiii) (as so redesignated)—(I) by inserting “who has received training appropriate to the role, and” after “guardian ad litem,”; and(II) by inserting “who has received training appropriate to that role” after “advocate”;(viii) in clause (xv) (as so redesignated), by striking “to be effective not later than 2 years after the date of enactment of this section”;(ix) in clause (xvi) (as so redesignated)—(I) by striking “to be effective not later than 2 years after the date of enactment of this section”; and(II) by striking “and” at the end;(x) in clause (xvii) (as so redesignated), by striking “clause (xii)” each place that such appears and inserting “clause (xvi)”; and(xi) by adding at the end the following:“(xviii) 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 and 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; “(xix) provisions addressing the training 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, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment;“(xx) provisions and procedures for improving the training, retention, and supervision of caseworkers; 117 STAT. 811“(xxi) provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act; and“(xxii) not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, provisions and procedures for requiring criminal background record checks for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household;”; and(C) in paragraph (2), by adding at the end the following flush sentence:“Nothing in subparagraph (A) 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.”.(2) Limitation.—Section 106(b)(3) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(3)) is amended by striking “With regard to clauses (v) and (vi) of paragraph (2)(A)” and inserting “With regard to clauses (vi) and (vii) of paragraph (2)(A)”.(c) Citizen Review Panels.—Section 106(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(c)) is amended—(1) in paragraph (4)—(A) in subparagraph (A)—(i) in the matter preceding clause (i)—(I) by striking “and procedures” and inserting “, procedures, and practices”; and(II) by striking “the agencies” and inserting “State and local child protection system agencies”; and(ii) in clause (iii)(I), by striking “State” and inserting “State and local”; and(B) by adding at the end the following:“(C) Public outreach.—Each panel shall provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community and in order to meet its obligations under subparagraph (A).”; and(2) in paragraph (6)—(A) by striking “public” and inserting “State and the public”; and(B) by inserting before the period the following: “and recommendations to improve the child protection services system at the State and local levels. Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency shall submit a written response to State and local child protection systems and the citizen review panel that describes whether or how the State will incorporate the recommendations of such panel (where appropriate) to make measurable progress in improving the State and local child protective system”.117 STAT. 812(d) Annual State Data Reports.—Section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end the following:“(13) The annual report containing the summary of the activities of the citizen review panels of the State required by subsection (c)(6).“(14) The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system.”.(e) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to Congress a report that describes the extent to which States are implementing the policies and procedures required under section 106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act.