98th Congress > House > Vote 513
Description: TO PASS H.R. 1904, A BILL EXTENDING AND IMPROVING THE PROVISIONS OF THE CHILD ABUSE PREVENTION AND TREATMENT ACT AND THE CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM ACT OF 1978. (MOTION PASSED)
Bill summary: (Conference report filed in House, H. Rept. 98-1038)
Child Abuse Amendments of 1984 -
Title I: Amendments to Child Abuse Prevention and Treatment Act - Part A: Program Improvements
- Amends the Child Abuse Prevention and Treatment Act (the Act, for purposes of this title) to direct the Secretary of Health and Human Services, through the National Center on Child Abuse and Neglect, to include, in a study and investigation of the national incidence of child abuse and neglect, a determination of
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what relationship may exist between nonpayment of child support and child abuse and neglect. Requires that the study's findings be submitted, with recommendations for administrative and legislative changes, to the Congress within two years after the effective date of this Act.
Directs the Secretary, through the Center and in consultation with the Advisory Board on Child Abuse and Neglect, to annually prepare reports on efforts during the preceding two-year period to coordinate goals and activities of agencies and organizations with responsibilities for programs and activities related to child abuse and neglect. Requires that such report be submitted to the appropriate congressional committees by March 1, 1985, and March 1 of each second year thereafter.
Prohibits use of appropriations under the Act for any purpose other than that for which such funds were specifically authorized.
Includes employees of a residential facility or any staff person providing out of home care among those persons responsible for a child's welfare, for purposes of the definition of "child abuse and neglect" under the Act.
Revises the definition of "sexual abuse," for purposes of child abuse prevention and treatment program provisions of the Act.
Provides, under specified conditions, for one or two-year waivers of certain requirements for grants to States, but prohibits application of such waivers to specified requirements established under this Act relating to procedures or programs for response to reports of medical neglect.
Directs the Secretary, in consultation with the Advisory Board on Child Abuse and Neglect, to insure that a proportionate share of funds under the Act is available for activities related to the prevention of child abuse and neglect.
Authorizes appropriations for FY 1984 through 1987 for purposes of the Act and for specified programs or projects related to prevention and treatment of child abuse and neglect and sexual abuse. Sets forth requirements relating to the distribution of such funds among such programs.
Allows the Advisory Board on Child Abuse and Neglect to be available, at the Secretary's request, to assist the Secretary in coordinating adoption-related activities of the Federal Government.
Part B: Services and Treatment for Disabled Infants
- Adds a definintion of "withholding of medically indicated treatment" for purposes of the Act.
Revises provisions of the Act for demonstration or service programs and projects to add another condition in order for a State to qualify for grants for such programs or projects. Requires the State to have in place procedures or programs or both, within the State child protective services system, to respond to the reporting of medical neglect (including instances of withholding medically indicated treatment from disabled infants with life-threatening conditions). Requires that such programs or procedures provide for: (1) coordination and consultation with individuals designated by and within appropriate health-care facilities; (2) prompt notification by such individuals of cases of suspected medical neglect; and (3) authority, under State law, for the State chld protective service system to pursue any legal remedies necessary to prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions.
Authorizes the Secretary to make additional grants to States to develop, establish, and operate or implement: (1) such required programs or procedures; (2) information and education programs or training programs for parents and professional and paraprofessional personnel to improve services to disabled infants with life-threatening conditions; and (3) programs to help in obtaining or coordinating necessary services for families with such infants and for facilitating adoption placement of such infants.
Directs the Secretary to provide, directly or through grants or contracts with public or private nonprofit organizations, for: (1) training and technical assistance programs to assist States in developing, establishing, and operating or implementing the programs and procedures required under this title; and (2) establishing and operating national and regional information and resource clearinghouses regarding medical treatment procedures and resources and community resources for such infants. Requires that such clearinghouse function include: (1) compiling, maintaining, updating, and disseminating regional directories of community services and resources (including the names and phone numbers of State and local medical organizations) to assist parents, families, and physicians; and (2) seeking to coordinate the availability of appropriate regional education resources for health-care personnel. Limits the amount of funds for any fiscal year which may be used for such purposes. Requires the Secretary to have the capability of providing and to begin to provide such training and technical assistance within 210 days after the enactment of this Act.
Requires that programs or projects related to child abuse and neglect which are assisted under child welfare services provisions of the Social Security Act comply with specified requirements for grants to States under the Act, including the requirements added by this Act for programs and procedures for response to reporting of medical neglect.
Directs the Secretary to publish: (1) within 60 days after the date of enactment of this Act, proposed regulations to implement the programs and procedures required under this title; (2) within 180 days after such date and after completion of a process of not less than 60 days for notice and opportunity for public comment, final regulations; (3) within 60 days after such date, interim model guidelines to encourage the establishment within health-care facilities of committees to educate hospital personnel and families of such infants, recommend institutional policies and guidelines concerning the withholding of medically indicated treatment from such infants, and offer counseling and review in cases involving such infants; and (4) within 180 days after such date and after completion of a period of not less than 60 days for notice and opportunity for public comment, model guidelines.
Directs the Secretary to conduct a study: (1) to determine the most effective means of providing Federal financial support, other than the use of funds provided through the Social Security Act, for provision of medical treatment, general care, and appropriate social services for disabled infants with life-threatening conditions; and (2) report the results of the study, with recommendations, to Congress within 270 days after enactment of this Act.
Directs the Secretary to submit, by October 1, 1987, to the appropriate congressional committees a detailed report on the implementation and the effects of the provisions of this part and the amendments made by it.
Declares that no provision of this Act or any amendment made by this Act is intended to affect any right or protection under specified provision of the Rehabilitation Act of 1973.
Provides that no provision of this Act or any amendment made by this Act shall be construed to authorize the prescription of standards of medical care by the Secretary, or other governmental entity, except to the extent such standards implement or interpret other laws or regulations.
Sets forth separability provisions and effective dates. Permits one-year waivers of requirements under this title if funds for grants to help implement required programs or procedures have not been appropriated by a specified date and if the Secretary finds that a State is making a good faith effort to comply with such requirements.
Title II: Amendments to the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
- Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to revise the statement of findings and the declaration of purposes.
Directs the Secretary of Health and Human Services to: (1) coordinate efforts to improve State legislation with national, State, and local child and family services, including organizations representative of minorities and adoptive families; and (2) review all model adoption legislation and procedures developed or promulgated under such Act for the purpose of making appropriate changes to facilitate adoption opportunities for disabled infants with life-threatening conditions.
Directs the Secretary to provide for: (1) services to facilitate the adoption of children with special needs and particularly of disabled infants with life-threatening conditions; and (2) services to couples considering adoption of children with special needs.
Directs the Secretary, after consultation with other appropriate Federal departments and agencies (including the Bureau of the Census and appropriate State and local agencies) to provide for the establishment and operation of a Federal adoption and foster care data-gathering and analysis system.
Includes adoptive family groups and minority groups among those nonprofit organizations which may receive Federal contracts to provide technical assistance for adoption programs.
Directs the Secretary to: (1) encourage involvement of corporations and small businesses in supporting adoption as a positive family-strengthening option, including the establishment of adoption benefit programs for employees who adopt children; and (2) continue to study the nature, scope, and effects of placement of children in adoptive homes by unlicensed and unregulated persons or agencies.
Authorizes appropriations for FY 1984 through 1987 to carry out such Act.
Title III: Family Violence Prevention and Services
- Family Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to States to assist in supporting the establishment, maintenance, and States to assist in supporting the establishment, maintenance, and expansion of programs and projects to: (1) prevent incidents of family violence; and (2) provide shelter and related assistance for victims and dependents of victims of family violence in order to prevent future violent incidents.
Sets forth requirements for State demonstration grants applications. Limits to five percent of such grant funds the amount which may be used for State administrative costs.
Requires the State, in distributing such grant funds, to give special emphasis to the support of community-based projects of demonstrated effectiveness carried out by nonprofit private organizations, particularly those projects the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims.
Requires State procedures designed to involve knowledgeable individuals and interested organizations and assure an equitable distribution of grants and grant funds within the State and between urban and rural areas within such State.
Requires designation of a State agency responsible for administration of State programs under this title and coordination of related programs within the State.
Requires State development of procedures to assure confidentiality of records and non-publication of the location of any shelter-facility assisted (except with written authorization of its operators).
Requires any State receiving such a grant to provide assurances, within one year after receipt of such funds, to the Secretary that the State has or has under consideration a procedure for the eviction of an abusing spouse from a shared residence.
Directs the Secretary to approve any application that meets the specified requirements. Requires reasonable notice of any intention to disapprove and opportunity for correction of any deficiences before disapproval of any application for such a grant.
Authorizes the Secretary to make demonstration grants to Indian tribes and tribal organizations for such projects for the prevention of family violence and for shelters and related assistance for victims and dependents.
Sets forth limits on the amount of such grants to single entities other than States. Prohibits direct payments to victims or dependents. Prohibits imposition of income elgibility standards. Requires local grant recipients to provide local shares of grant funds. Requires that at least 60 percent of grant funds be distributed to entities to provide immediate shelter and related assistance to victims and dependents.
Sets forth formulas for allotment of such grant funds to States and to specified U.S. territories and possessions.
Directs the Secretary to appoint an employee of the Department of Health and Human Services who has expertise in the field of family violence prevention and services to carry out this title.
Directs the Secretary to: (1) coordinate all programs within the Department of Health and Human Services (and to seek to coordinate all other such Federal programs) which involve family violence prevention and assistance to victims, potential victims, and their families; and (2) ensure that such activities as they relate to elderly persons are coordinated with the Administration on Aging and the National Institute on Aging within such Department.
Directs the Secretary to provide for: (1) research into causes, prevention, identification, and treatment of family violence; and (2) prevention and treatment program personnel training and technical assistance.
Directs the Secretary to review, evaluate, and report to the Congress on the effectiveness of the program (particularly in relation to repeated incidents of family violence) under this title, within two years after funds are first obligated for State demonstration grants.
Sets forth nondiscrimination provisions.
Directs the Secretary to operate a national information and resource clearinghouse on the prevention of family violence, to be coordinated with the information clearinghouse maintained by the National Center on Child Abuse and Neglect.
Authorizes appropriations for FY 1985 through 1987 to carry out this title. Requires that at least 85 percent of such appropriations for each such year be used for demonstration grants.
Directs the Secretary to make grants and contracts for regionally-based training and technical assistance for local and State law enforcement agency personnel to respond to incidents of family violence. Provides for awarding of such grants on a competitive basis. Directs the Secretary to: (1) select recipients who have demonstrated their effectiveness in preparing such personnel to handle such incidents; and (2) give priority to applications proposals to develop, demonstrate, or disseminate information about improved techniques for law enforcement officers' response to such incidents. Directs the Secretary to delegate responsibilities for such law enforcement training and technical assistance grants and contracts to the Attorney General and to transfer to the Attorney General specified limited amounts for such grants from appropriations under this title.
Sets forth administrative provisions.
Provides that nothing in this title shall be construed to supersede the application of State or local requirements for the reporting of incidents of suspected child abuse to the appropriate State authorities.
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Bill titles: An act to extend and improve provisions of laws relating to child abuse and neglect and adoption, and for other purposes.; A bill to extend and improve the provisions of the Child Abuse Prevention and Treatment Act and the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978.; Family Violence Prevention and Services Act
Original source documents: Digest of the Congressional Record vol. 9, p. 423;
Links for more info on the vote: congress.gov
