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

SEC. 115. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS.(a) Section Heading.—Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended by striking the section heading and inserting the following:124 STAT. 3468 “SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS.” .(b) 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 the matter preceding paragraph (1), by striking “based on” and all that follows through “18 in” and inserting “from allotments made under subsection (f) for”;(2) in paragraph (1), by striking “abuse and neglect” and inserting “child abuse or neglect”;(3) in paragraph (2)—(A) in subparagraph (A), by inserting “, intra-agency, interstate, and intrastate” after “interagency”; and(B) in subparagraph (B)(i), by striking “abuse and neglect” and inserting “child abuse or neglect”;(4) in paragraph (4), by inserting “, including the use of differential response” after “protocols”;(5) in paragraph (6)—(A) in subparagraph (A) by inserting “, including the use of differential response,” after “strategies”;(B) in subparagraph (B), by striking “and” at the end;(C) in subparagraph (C), by striking “workers” and all that follows and inserting “workers; and”; and(D) by adding at the end the following:“(D) training in early childhood, child, and adolescent development;”;(6) by striking paragraphs (8) and (9) and inserting the following:“(8) developing, facilitating the use of, and implementing research-based strategies and training protocols for individuals mandated to report child abuse and neglect;”;(7) by redesignating paragraphs (10) through (14) as paragraphs (9) through (13), respectively;(8) in paragraph (9), as redesignated by paragraph (7) of this subsection—(A) in subparagraph (B), by striking “and” at the end;(B) in subparagraph (C), by adding “and” at the end; and(C) by adding at the end the following:“(D) the use of differential response in preventing child abuse and neglect;”;(9) in paragraph (10), as redesignated by paragraph (7) of this subsection, by inserting “, including the use of differential response” before the semicolon;(10) in paragraph (12), as redesignated by paragraph (7) of this subsection, by striking “or” at the end;(11) in paragraph (13), as redesignated by paragraph (7) of this subsection—(A) by striking “supporting and enhancing” and all that follows through “community-based programs” and inserting “supporting and enhancing interagency collaboration among public health agencies, agencies in the child protective service system, and agencies carrying out private community-based programs—”;(B) by striking “to provide” and inserting the following:“(A) to provide”;124 STAT. 3469(C) by striking “systems) and” and inserting “systems), and the use of differential response; and”;(D) by striking “to address” and inserting the following:“(B) to address”;(E) by striking “abused or neglected” and inserting “victims of child abuse or neglect;”and(F) by striking the period at the end and inserting “; or”; and(12) by adding at the end the following:“(14) developing and implementing procedures for collaboration among child protective services, domestic violence services, and other agencies in—“(A) investigations, interventions, and the delivery of services and treatment provided to children and families, including the use of differential response, where appropriate; and“(B) the provision of services that assist children exposed to domestic violence, and that also support the caregiving role of their nonabusing parents.”.(c) Eligibility Requirements.—Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended—(1) by striking paragraph (1) and inserting the following:“(1) State plan.—“(A) In general.—To be eligible to receive a grant under this section, a State shall submit to the Secretary a State plan that specifies the areas of the child protective services system described in subsection (a) that the State will address with amounts received under the grant.“(B) Duration of plan.—Each State plan shall—“(i) remain in effect for the duration of the State’s participation under this section; and“(ii) be periodically reviewed and revised as necessary by the State to reflect changes in the State’s strategies and programs under this section.“(C) Additional information.—The State shall provide notice to the Secretary—“(i) of any substantive changes, including any change 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; and“(ii) of any significant changes in how funds provided under this section are used to support activities described in this section, which may differ from the activities described in the current State application.”;(2) in paragraph (2)—(A) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively;(B) by striking the matter preceding subparagraph (B), as redesignated by subparagraph (A) of this paragraph, and inserting the following:“(2) Contents.—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—“(A) an assurance that the State plan, to the maximum extent practicable, is coordinated with the State plan under 124 STAT. 3470 part B of title IV of the Social Security Act (42 U.S.C. 621 et seq.) relating to child welfare services and family preservation and family support services;”;(C) in subparagraph (B), as redesignated by subparagraph (A) of this paragraph—(i) in the matter preceding clause (i)—(I) by striking “chief executive officer” and inserting “Governor”; and(II) by striking “Statewide” and inserting “statewide”;(ii) by amending clause (i) to read as follows:“(i) 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;”;(iii) in clause (ii)—(I) in the matter preceding subclause (I)—(aa) by inserting “with” after “born”; and(bb) by inserting “or a Fetal Alcohol Spectrum Disorder,” after “drug exposure,”; and(II) in subclause (I), by inserting “or neglect” before the semicolon;(iv) in clause (iii), by inserting “, or a Fetal Alcohol Spectrum Disorder” before the semicolon;(v) in clause (v), by inserting “, including the use of differential response,” after “procedures”;(vi) in clause (vi)—(I) by striking “the abused or neglected child” and inserting “a victim of child abuse or neglect”; and(II) by striking “abuse or neglect” and inserting “child abuse or neglect”;(vii) in clause (ix), by striking “abuse and neglect” and inserting “child abuse and neglect”;(viii) in clause (xi), by striking “or neglect” and inserting “and neglect”;(ix) in clause (xiii)—(I) by striking “an abused or neglected child” and inserting “a victim of child abuse or neglect”; and(II) by inserting “including training in early childhood, child, and adolescent development,” after “to the role,”;(x) in clause (xv)(II), by striking “abuse or neglect” and inserting “child abuse or neglect”;(xi) in clause (xviii), by striking “abuse and” and inserting “abuse or”;(xii) in clause (xvi)—(I) in subclause (III), by striking “; or” and inserting “;”; and(II) by adding at the end the following:“(V) to have committed sexual abuse against the surviving child or another child of such parent; or“(VI) to be required to register with a sex offender registry under section 113(a) of the Adam 124 STAT. 3471 Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16913(a));”;(xiii) in clause (xxi), by striking “Act; and” and inserting “Act (20 U.S.C. 1431 et seq.);”;(xiv) in clause (xxii)—(I) by striking “not later” through “2003,”;(II) by inserting “that meet the requirements of section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20))” after “checks”; and(III) by adding “and” at the end; and(xv) by adding at the end the following:“(xxiii) provisions for systems of technology that support the State child protective service system described in subsection (a) and track reports of child abuse and neglect from intake through final disposition;”;(D) in subparagraph (C), as redesignated by subparagraph (A) of this paragraph—(i) by striking “disabled infants with” each place it appears and inserting “infants with disabilities who have”; and(ii) in clause (iii), by striking “life threatening” and inserting “life-threatening”;(E) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph—(i) in clause (ii), by striking “and” at the end;(ii) in clause (iii), by striking “and” at the end;(iii) by adding at the end the following:“(iv) policies and procedures encouraging the appropriate involvement of families in decisionmaking pertaining to children who experienced child abuse or neglect;“(v) policies and procedures that promote and enhance appropriate collaboration among child protective service agencies, domestic violence service agencies, substance abuse 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; and“(vi) policies and procedures regarding the use of differential response, as applicable;”;(F) in subparagraph (E), as redesignated by subparagraph (A) of this paragraph—(i) by inserting “(42 U.S.C. 621 et seq.)” after “Act”; and(ii) by striking the period at the end and inserting a semicolon;(G) by inserting after subparagraph (E), as redesignated by subparagraph (A) of this paragraph, the following:“(F) an assurance or certification that programs and training 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.) 124 STAT. 3472 and meet the requirements of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and“(G) an assurance that the State, in developing the State plan described in paragraph (1), has collaborated with community-based prevention agencies and with families affected by child abuse or neglect.”; and(H) in the last sentence, by striking “subparagraph (A)” and inserting “subparagraph (B)”; and(3) in paragraph (3), by striking “paragraph (2)(A)” and inserting “paragraph (2)(B)”.(d) 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 (2), by inserting before the period the following: “, and may include adult former victims of child abuse or neglect”; and(2) in paragraph (4)(A)(iii)(I), by inserting “(42 U.S.C. 670 et seq.)” before the semicolon.(e) Annual State Data Reports.—Section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended—(1) in paragraph (1), by striking “as abused or neglected” and inserting “as victims of child abuse or neglect”;(2) in paragraph (4), by inserting “, including use of differential response,” after “services”;(3) by striking paragraph (7) and inserting the following:“(7)(A) The number of child protective service personnel responsible for the—“(i) intake of reports filed in the previous year;“(ii) screening of such reports;“(iii) assessment of such reports; and“(iv) investigation of such reports.“(B) The average caseload for the workers described in subparagraph (A).”;(4) in paragraph (9), by striking “abuse or neglect” and inserting “child abuse or neglect”;(5) by striking paragraph (10) and inserting the following:“(10) For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the State—“(A) information on the education, qualifications, and training requirements established by the State for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions;“(B) data on the education, qualifications, and training of such personnel;“(C) demographic information of the child protective service personnel; and“(D) information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor.”;(6) in paragraph (11), by striking “and neglect” and inserting “or neglect”; and(7) by adding at the end the following:“(15) The number of children referred to a child protective services system under subsection (b)(2)(B)(ii).124 STAT. 3473“(16) The number of children determined to be eligible for referral, and the number of children referred, under subsection (b)(2)(B)(xxi), to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).”.(f) Annual Report.—Section 106(e) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(e)) is amended by inserting “and neglect” before the period.(g) Formula.—Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended by adding at the end the following:“(f) Allotments.—“(1) Definitions.—In this subsection:“(A) Fiscal year 2009 grant funds.—The term ‘fiscal year 2009 grant funds’ means the amount appropriated under section 112 for fiscal year 2009, and not reserved under section 112(a)(2).“(B) Grant funds.—The term ‘grant funds’ means the amount appropriated under section 112 for a fiscal year and not reserved under section 112(a)(2).“(C) State.—The term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.“(D) Territory.—The term ‘territory’ means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.“(2) In general.—Except as otherwise provided in this section, the Secretary shall make allotments to each State and territory that applies for a grant under this section in an amount equal to the sum of—“(A) $50,000; and“(B) an amount that bears the same relationship to any grant funds remaining after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant.“(3) Allotments for decreased appropriation years.—In the case where the grant funds for a fiscal year are less than the fiscal year 2009 grant funds, the Secretary shall ratably reduce each of the allotments under paragraph (2) for such fiscal year.“(4) Allotments for increased appropriation years.—“(A) Minimum allotments to states for increased appropriations years.—In any fiscal year for which the grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000, the Secretary shall adjust the allotments under paragraph (2), as necessary, such that no State that applies for a grant under this section receives an allotment in an amount that is less than—“(i) $100,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000 but less than $2,000,000;“(ii) $125,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $2,000,000 but less than $3,000,000; and124 STAT. 3474“(iii) $150,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $3,000,000.“(B) Allotment adjustment.—In the case of a fiscal year for which subparagraph (A) applies and the grant funds are insufficient to satisfy the requirements of such subparagraph (A), paragraph (2), and paragraph (5), the Secretary shall, subject to paragraph (5), ratably reduce the allotment of each State for which the allotment under paragraph (2) is an amount that exceeds the applicable minimum under subparagraph (A), as necessary to ensure that each State receives the applicable minimum allotment under subparagraph (A).“(5) Hold harmless.—Notwithstanding paragraphs (2) and (4), except as provided in paragraph (3), no State or territory shall receive a grant under this section in an amount that is less than the amount such State or territory received under this section for fiscal year 2009.”.