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United States · Law · S

S. 919 (104th)

Child Abuse Prevention and Treatment Act Amendments of 1996

enactedUnited States· United States Congress· EN

Introduced

13 June 1995

Last action

—

Status

Became Public Law No: 104-235.

Sponsors

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Subjects

Discovery layer

Source updated

21 April 2025

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Summary

TABLE OF CONTENTS: Title I: General Program Title II: Community-Based Child Abuse and Neglect Prevention Grants Title III: Family Violence Prevention and Services Title IV: Adoption Opportunities Title V: Abandoned Infants Assistance Act of 1986 Title VI: Reauthorization of Various Programs Child Abuse Prevention and Treatment Act Amendments of 1995 - Title I: General Program - Revises the Child Abuse Prevention and Treatment Act to replace provisions directing the Secretary of Health and Human Services (HHS) to establish the National Center on Child Abuse and Neglect with provisions authorizing the Secretary to establish an Office on Child Abuse and Neglect to execute and coordinate functions and activities under the Act. (Sec. 104) Replaces provisions directing the Secretary to appoint the Advisory Board on Child Abuse and Neglect with provisions authorizing the Secretary to appoint an advisory board to submit to the Secretary and the appropriate congressional committees a report or interim report containing: (1) recommendations on coordinating Federal, State, and local child abuse and neglect activities with similar activities pertaining to family violence prevention; (2) specific modifications needed in Federal and State laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect; and (3) recommendations for modifications needed to facilitate coordinated national data collection. (Sec. 105) Repeals a provision establishing the Interagency Task Force on Child Abuse and Neglect. (Sec. 106) Revises provisions regarding the National Clearinghouse for Information Relating to Child Abuse to direct the Secretary, through the Department of HHS or by one or more contracts, to establish such a clearinghouse. (Sec. 107) Directs the Secretary to: (1) carry out a continuing interdisciplinary program of research to provide information needed to better protect children from abuse or neglect and to improve the well- being of abused or neglected children, with at least a portion of such research being field initiated; and (2) conduct specified research, including research on the incidence of substantiated and unsubstantiated reported child abuse cases. Repeals provisions requiring the publication and dissemination of information regarding child abuse and neglect by the Secretary. (Sec. 108) Authorizes the Secretary to make grants to, and enter into contracts with, public or nonprofit private agencies or organizations for time limited, research based demonstration programs and projects for specified purposes, including: (1) the training of professional and paraprofessional personnel in relevant fields who are engaged in the field of prevention, identification, and treatment of child abuse and neglect; (2) the establishment or maintenance of a national network of mutual support and self-help programs to strengthen families in partnership with their communities; and (3) other innovative programs and projects. Sets forth provisions regarding: (1) preferred placement for children removed from their homes; and (2) project evaluation. (Sec. 109) Repeals certain discretionary program provisions and requires that the Secretary make grants to assist States in improving their child protective service systems in specified ways. Sets forth provisions regarding: (1) compliance and education grants; (2) eligibility requirements; (3) restrictions relating to child welfare services; and (4) annual State data reports. (Sec. 110) Repeals provisions regarding technical assistance to States for child abuse prevention and treatment programs. (Sec. 111) Defines "child abuse and neglect" to mean, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death or serious physical, sexual, or emotional harm, or presents an imminent risk of serious harm (but excludes harm resulting primarily from the parent or caretaker's lack of financial resources or from causes linked to such lack of resources). (Sec. 112) Authorizes appropriations for FY 1996 through 2000 to carry out child abuse and neglect program activities, including specified allocations for discretionary activities and demonstration projects. (Sec. 113) Specifies that nothing in such Act shall be construed: (1) to require that a parent or legal guardian provide a child any medical service or treatment, nor require a State to find abuse or neglect in cases in which a parent or legal guardian treats a child's health condition solely or partially by spiritual or non-medical means; and (2) as precluding a State from intervening to protect a child or find abuse or neglect in a case involving the failure or refusal to provide a medical service or treatment where such failure or refusal will lead to imminent risk of severe harm to the child. Title II: Community-Based Child Abuse and Neglect Prevention Grants - Revises provisions of the Act regarding community-based child abuse and neglect prevention grants. Directs the Secretary to make grants on a formula basis to the entity designated by the State as the lead entity for the purpose of: (1) developing, operating, expanding, and enhancing statewide networks of community-based, prevention-focused, family resource and support programs that provide specified services (statewide networks); (2) fostering the development of a continuum of preventive services for children and families through State and community-based collaborations and partnerships; (3) financing the start-up, maintenance, expansion, or redesign of specific family resource and support program services identified as an unmet need; (4) maximizing funding for specified activities for establishing, operating, or expanding a statewide network; and (5) financing specified public information activities. Sets forth provisions regarding: (1) eligibility for grants; (2) grant amounts; (3) existing and continuation grants; (4) application requirements; (5) local program requirements; and (6) performance measures. Authorizes the Secretary to allocate funds to support the activities of the State network to: (1) create, operate, and maintain a peer review process, an information clearinghouse, and a computerized communication system between lead entities; (2) fund a yearly symposium on State system change efforts that result from the operation of the statewide networks; and (3) fund State-to-State technical assistance through biannual conferences. Authorizes appropriations for such grant programs for FY 1996 through 1998. Repeals the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 and provisions of the Stewart B. McKinney Homeless Assistance Act regarding family support centers. Title III: Family Violence Prevention and Services - Revises the Family Violence Prevention and Services Act to prohibit a grant to an entity other than a State or an Indian tribe unless the entity provides for a non-Federal matching local share: (1) of not less than 20 percent with respect to an entity operating an existing program; and (2) of not less than 35 percent with respect to an entity intending to operate a new program. (Sec. 303) Directs that each State be allotted not less than one percent of amounts available for grants for the fiscal year in which the allotment is made or $400,000 (currently, $200,000), whichever is the lesser amount. (Sec. 304) Requires that, of amounts appropriated for family violence prevention and services in a fiscal year, not less than: (1) 70 (currently, 80) percent be used for making grants to States; and (2) ten percent be used by the Secretary for making grants for State domestic violence coalitions. Directs that Federal funds made available to a State be used to supplement and not supplant other Federal, State, and local public funds expended. Title IV: Adoption Opportunities - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to direct the Secretary to study: (1) the nature, scope, and effects of the placement of children in kinship care arrangements, pre-adoptive, or adoptive homes; and (2) the efficacy of States contracting with public or private nonprofit agencies, organizations, or sectarian institutions to recruit potential adoptive and foster families and to provide assistance in the placement of children for adoption. Requires each State entering into an agreement regarding grants for improving State efforts to increase the placement of foster care children legally free for adoption to submit an application that describes the manner in which the State will use funds during the three fiscal years subsequent to the date of the application to accomplish the purposes of the Act. Directs the Secretary to provide: (1) technical assistance and resource and referral information to assist State or local governments with termination of parental rights issues, recruiting and retaining adoptive families, placing children with special needs, and providing pre- and post-placement services; and (2) other assistance to help State and local governments replicate successful adoption-related projects from other areas in the United States. (Sec. 404) Authorizes appropriations for FY 1996 and 1997. Title V: Abandoned Infants Assistance Act of 1986 - Reauthorizes the Abandoned Infants Assistance Act of 1988 through FY 2000. Title VI: Reauthorization of Various Programs - Reauthorizes through FY 1997: (1) the Missing Children's Assistance Act (directs that not more than five percent of the amount appropriated for a fiscal year be used to conduct an evaluation of the effectiveness of specified programs and activities established and operated under the Act); and (2) activities under the Victims of Child Abuse Act of 1990.

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