Emergency Funding for Child Protection Act

II 117TH CONGRESS 1ST SESSION S. 462 To provide emergency funding for caseworkers and child protective services. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2021 Mr. CASEY (for himself, Mr. WYDEN, Mr. MARKEY, Ms. ROSEN, Mr. KAINE, Mr. BROWN, Mr. MANCHIN, and Ms. SMITH) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To provide emergency funding for caseworkers and child protective services. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Funding 4 for Child Protection Act’’. 5 SEC. 2. ADDITIONAL AMOUNT FOR THE STATE GRANT PRO- 6 GRAM FOR CHILD ABUSE OR NEGLECT PRE- 7 VENTION AND TREATMENT PROGRAMS. 8 (a) APPROPRIATION.—There are hereby appropriated 9 to the Secretary, out of amounts in the Treasury not oth- 10 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 462 IS erwise appropriated, $500,000,000 for fiscal year 2021, 1 for the purpose of providing additional funding for the 2 State grant program under section 106 of the Child Abuse 3 Prevention and Treatment Act (42 U.S.C. 5106a), in ac- 4 cordance with this section. Such amounts shall be in addi- 5 tion to other amounts made available for such purpose, 6 and shall remain available until expended. 7 (b) EMERGENCY DESIGNATION.— 8 (1) IN GENERAL.—The amounts provided by 9 this section are designated as an emergency require- 10 ment pursuant to section 4(g) of the Statutory Pay- 11 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 12 (2) DESIGNATION IN SENATE.—In the Senate, 13 this section is designated as an emergency require- 14 ment pursuant to section 4112(a) of H. Con. Res. 15 71 (115th Congress), the concurrent resolution on 16 the budget for fiscal year 2018. 17 (c) ALLOTMENTS.—As soon as practicable, but not 18 later than 30 days after the date of enactment of this Act, 19 the Secretary shall make allotments out of the amounts 20 appropriated under subsection (a) to each State and terri- 21 tory receiving an allotment under section 106(f) of the 22 Child Abuse Prevention and Treatment Act (42 U.S.C. 23 5106a(f)) for fiscal year 2020, in the same manner that 24 amounts appropriated under section 112 of such Act (42 25 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 462 IS U.S.C. 5106f)) are allotted to States in accordance with 1 section 106(f)(2) of such Act, except that, in allotting 2 amounts under this subsection, ‘‘$50,000’’ shall be 3 deemed to be ‘‘$1,000,000’’ each place such amount ap- 4 pears in such section 106(f)(2). 5 (d) USE OF FUNDS.—Amounts received by a State 6 or territory under subsection (c) may be used, consistent 7 with section 106 of the Child Abuse Prevention and Treat- 8 ment Act, to— 9 (1) expand the ability of caseworkers to conduct 10 safe, remote and in-person, homes visits and family 11 visits to investigate and treat child abuse and ne- 12 glect, which may include— 13 (A) purchasing personal protective equip- 14 ment for caseworkers and families, such as 15 gloves, hand sanitizer, and face masks; 16 (B) providing premium pay for case- 17 workers conducting in-home visits; 18 (C) purchasing new technology and updat- 19 ing or improving existing technology infrastruc- 20 ture for child welfare agencies; 21 (D) purchasing technology, including inter- 22 net access, and prepaid telephone minutes for 23 families; and 24 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 462 IS (E) training on the use of such technology 1 for caseworkers, families, and child welfare 2 agencies; 3 (2) access consultation and services related to 4 mental health, substance use disorder, and domestic 5 violence, including with infant-early childhood men- 6 tal health providers, to train and support case- 7 workers in the impacts of disasters and traumatic 8 experience for children (including very young chil- 9 dren), youth, and adults, to help caseworkers provide 10 trauma-informed services; 11 (3) enhance the ability of caseworkers to con- 12 nect families with, or facilitate access to, other serv- 13 ices, such as telebehavioral health care, in-person 14 well-child visits with pediatricians, substance use dis- 15 order treatment, and early intervention and special 16 education services under the Individuals with Dis- 17 abilities Education Act (20 U.S.C. 1400 et seq.) for 18 young children with developmental delays and dis- 19 abilities; 20 (4) address the needs, including mental health 21 needs, of lesbian, gay, bisexual, transgender, and 22 queer youth who are suspected victims of child abuse 23 or neglect; 24 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 462 IS (5) purchase emergency supplies for families 1 caring for children under protective services super- 2 vision (either at home or in foster care) and not able 3 to afford them, which may include cleaning and 4 sanitizing supplies, diapers, hygiene products, for- 5 mula for infants and toddlers, and reusable cloth 6 face coverings that are consistent with the guidelines 7 of the Centers for Disease Control and Prevention 8 for preventing the spread of COVID–19 among the 9 general public; 10 (6) provide time-limited, direct payments for 11 families caring for children under protective services 12 supervision (either at home or in foster care) who 13 are applying for government-funded assistance pro- 14 grams, to serve as a bridge until the family receives 15 or is denied such assistance; 16 (7) provide support, including assistance pay- 17 ments, training or mentorship in navigating virtual 18 platforms such as virtual learning and telehealth, 19 and access to legal representation, as needed, to rel- 20 atives or fictive kin to care for children, in lieu of 21 placing such children in foster care, in the event that 22 such children’s parents— 23 (A) are diagnosed with COVID–19; or 24 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 462 IS (B) are unable to care for their children 1 due to health or economic concerns stemming 2 from the COVID–19 pandemic; 3 (8) provide access to legal assistance for rel- 4 atives or fictive kin raising children with no parental 5 involvement to make alternative plans for the chil- 6 dren in the event the caregivers die or become un- 7 able to care for the children; and 8 (9) carry out such other activities that enhance 9 the ability of the State or territory to protect chil- 10 dren and support families during the COVID–19 11 pandemic. 12 (e) NO STATE MATCH REQUIRED.—A State or terri- 13 tory shall not be required to provide any additional fund- 14 ing for the State program under section 106 of the Child 15 Abuse Prevention and Treatment Act as a condition for 16 receiving an allocation under subsection (c). 17 (f) REPORTS.—Each State or territory receiving an 18 allotment under this section shall submit to the Secretary, 19 every 6 months until the amount so allotted has been fully 20 expended, a report detailing how such State or territory 21 is using such allotment in accordance with the require- 22 ments of this section. 23 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 462 IS SEC. 3. ADDITIONAL AMOUNT FOR COMMUNITY-BASED 1 GRANTS FOR THE PREVENTION OF CHILD 2 ABUSE AND NEGLECT. 3 (a) APPROPRIATION.—There are hereby appropriated 4 to the Secretary, out of amounts in the Treasury not oth- 5 erwise appropriated, $1,000,000,000 for fiscal year 2021, 6 for the purpose of providing additional funding for the 7 community-based grants for the prevention of child abuse 8 and neglect under title II of the Child Abuse Prevention 9 and Treatment Act (42 U.S.C. 5116 et seq.), in accord- 10 ance with this section. Such amounts shall be in addition 11 to other amounts made available for such purpose, and 12 shall remain available until expended. 13 (b) EMERGENCY DESIGNATION.— 14 (1) IN GENERAL.—The amounts provided by 15 this section are designated as an emergency require- 16 ment pursuant to section 4(g) of the Statutory Pay- 17 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 18 (2) DESIGNATION IN SENATE.—In the Senate, 19 this section is designated as an emergency require- 20 ment pursuant to section 4112(a) of H. Con. Res. 21 71 (115th Congress), the concurrent resolution on 22 the budget for fiscal year 2018. 23 (c) ALLOTMENTS.—As soon as practicable, but not 24 later than 30 days after the date of enactment of this Act, 25 the Secretary shall make allotments out of the amounts 26 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 462 IS appropriated under subsection (a) to each State receiving 1 an allotment under section 203 of the Child Abuse Preven- 2 tion and Treatment Act (42 U.S.C. 5116b) for fiscal year 3 2020, in the same manner that amounts appropriated 4 under section 209 of such Act (42 U.S.C. 5116i) are allot- 5 ted to States in accordance with section 203 of such Act, 6 except that, in allotting amounts under this subsection— 7 (1) in subsection (a) of such section 203, ‘‘1 8 percent’’ shall be deemed to be ‘‘5 percent’’; 9 (2) in subsection (b)(1)(A) of such section 10 203— 11 (A) ‘‘70 percent’’ shall be deemed to be 12 ‘‘100 percent’’; and 13 (B) ‘‘$175,000’’ shall be deemed to be 14 ‘‘$1,000,000’’; and 15 (3) subsections (b)(1)(B) and (c) of such sec- 16 tion 203 shall not apply. 17 (d) USE OF FUNDS.—Amounts received by a State 18 under subsection (c) may be used, consistent with title II 19 of the Child Abuse Prevention and Treatment Act, to— 20 (1) provide services and supports to help fami- 21 lies build protective factors linked to the prevention 22 of child abuse and neglect; 23 (2) purchase emergency supplies and basic ne- 24 cessities for families, which may include diapers and 25 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 462 IS infant hygiene products, formula, non-perishable 1 food, water, soap, hand sanitizer, and reusable cloth 2 face coverings that are consistent with the guidelines 3 of the Centers for Disease Control and Prevention 4 for preventing the spread of COVID–19 among the 5 general public; 6 (3) provide time-limited, direct payments for 7 families caring for children under protective services 8 supervision (either at home or in foster care) who 9 are applying for government-funded assistance pro- 10 grams, to serve as a bridge until the family receives 11 or is denied such assistance; 12 (4) maximize the participation of racial and 13 ethnic minorities; children and adults with disabil- 14 ities; families experiencing domestic violence; fami- 15 lies experiencing homelessness and those at risk of 16 homelessness; families with low-incomes and families 17 with caregivers recently unemployed; lesbian, gay, bi- 18 sexual, transgender, and queer youth; relative and 19 fictive kin caregivers and the children raised by such 20 caregivers; and young parents in community-based 21 and prevention-focused programs designed to 22 strengthen and support families to prevent child 23 abuse and neglect; 24 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 462 IS (5) bolster the efforts of the State hotlines by 1 publicizing such hotlines, hiring more staff, and in- 2 creasing hours of operation; 3 (6) establish satellite locations and mobile units 4 for community based nonprofit organizations and 5 family resource centers so families can access re- 6 sources and services in a safe manner; 7 (7) hire, and provide premium pay to, social 8 program navigators, parent coaches, and home visi- 9 tors to reach more families; 10 (8) purchase technology, including internet ac- 11 cess, for staff and families to support the prevention 12 of child abuse and neglect, and train staff and fami- 13 lies to facilitate usage of such technology; 14 (9) develop and distribute parenting tip sheets 15 and guides for families that address topics that may 16 include— 17 (A) children’s responses to trauma caused 18 by the COVID–19 pandemic; 19 (B) adult self-care and stress management; 20 (C) familial conflict resolution and de-esca- 21 lation; 22 (D) maintaining healthy attachments be- 23 tween caregivers and children, and where ap- 24 propriate, birth parents; 25 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 462 IS (E) understanding the intersection of trau- 1 ma with childhood development; and 2 (F) other tips and advice pertinent to 3 maintaining child and parent and caregiver 4 well-being during the COVID–19 pandemic; 5 (10) develop and distribute mandatory reporter 6 tip sheets and guides that address topics that may 7 include— 8 (A) recognizing and reporting child abuse 9 and neglect in a virtual environment; 10 (B) helping parents, caregivers, and kin 11 access community supports to help families with 12 non-safety concerns outside of the child welfare 13 system; and 14 (C) other tips or advice pertinent to recog- 15 nizing and reporting child abuse or neglect, or 16 supporting families at risk of child abuse or ne- 17 glect, during the COVID–19 pandemic; 18 (11) access services related to mental health, 19 substance use disorder, and domestic violence, in- 20 cluding infant-early childhood mental health services, 21 through consultants to train and support staff 22 around the impacts of the COVID–19 pandemic, 23 about the intersection of trauma with childhood de- 24 velopment, and establish or support local trauma re- 25 VerDate Sep 11 2014 05:29 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S462.IS S462 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 462 IS sponse teams and the procedures to connect via re- 1 mote technology; 2 (12) assist community-based organizations op- 3 erating programs and activities designed to strength- 4 en and support families to prevent child abuse and 5 neglect w [Text truncated for display. Full text available on Congress.gov.]