CAPTA Reauthorization Act of 2021

II Calendar No. 165 117TH CONGRESS 1ST SESSION S. 1927 To amend the Child Abuse Prevention and Treatment Act. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mrs. MURRAY (for herself, Mr. BURR, Mr. KAINE, Mr. LUJA´N, Ms. SMITH, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions NOVEMBER 15, 2021 Reported by Mrs. MURRAY, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Child Abuse Prevention and Treatment Act. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘CAPTA Reauthorization Act of 2021’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6411 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1927 RS Sec. 2. Amended CAPTA table of contents. Sec. 3. Definitions. TITLE I—GENERAL PROGRAM Sec. 101. Interagency work group on child abuse and neglect. Sec. 102. National clearinghouse for information relating to child abuse. Sec. 103. Research and assistance activities. Sec. 104. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations. Sec. 105. National child abuse hotline. Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs. Sec. 107. Grants for investigation and prosecution of child abuse and neglect. Sec. 108. Miscellaneous requirements relating to assistance. Sec. 109. Reports. Sec. 110. Monitoring and oversight. Sec. 111. Authorization of appropriations. TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT Sec. 201. Amendments to title II of the Child Abuse Prevention and Treatment Act. TITLE III—PUBLIC HEALTH APPROACHES TO IDENTIFY AND PREVENT CHILD FATALITIES AND NEAR FATALITIES DUE TO CHILD ABUSE AND NEGLECT Sec. 301. Identifying and preventing child fatalities and near fatalities due to child abuse and neglect. TITLE IV—PUBLIC HEALTH RESPONSE TO INFANTS AFFECTED BY SUBSTANCE USE DISORDER Sec. 401. Amending the CAPTA to provide for a public health response to in- fants affected by substance use disorder. TITLE V—ADOPTION OPPORTUNITIES Sec. 501. Purpose. Sec. 502. Definitions. Sec. 503. Information and services. Sec. 504. Studies and reports. Sec. 505. Unregulated custody transfers. Sec. 506. Authorization of appropriations. SEC. 2. AMENDED CAPTA TABLE OF CONTENTS. 1 The Child Abuse Prevention and Treatment Act (42 2 U.S.C. 5101 et seq.) is amended— 3 (1) by striking section 2; and 4 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1927 RS (2) by amending the table of contents under 1 section 1(b) to read as follows: 2 ‘‘TABLE OF CONTENTS ‘‘Sec. 1. Short title. ‘‘Sec. 2. Definitions. ‘‘TITLE I—GENERAL PROGRAM ‘‘Sec. 101. Office on Child Abuse and Neglect. ‘‘Sec. 102. Interagency work group on child abuse and neglect. ‘‘Sec. 103. National clearinghouse for information relating to child abuse. ‘‘Sec. 104. Research and assistance activities. ‘‘Sec. 105. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations. ‘‘Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs. ‘‘Sec. 107. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases. ‘‘Sec. 108. National child abuse hotline. ‘‘Sec. 109. Miscellaneous requirements relating to assistance. ‘‘Sec. 110. Coordination of child abuse and neglect programs. ‘‘Sec. 111. Reports. ‘‘Sec. 112. Monitoring and oversight. ‘‘Sec. 113. Rule of construction. ‘‘Sec. 114. Authorization of appropriations. ‘‘TITLE II—COMMUNITY-BASED GRANTS FOR THE PRIMARY PREVENTION OF CHILD ABUSE AND NEGLECT ‘‘Sec. 201. Purposes. ‘‘Sec. 202. Authorization of grants. ‘‘Sec. 203. Lead entity. ‘‘Sec. 204. Application. ‘‘Sec. 205. Uses of funds. ‘‘Sec. 206. Performance measures. ‘‘Sec. 207. National network for community-based family resource programs. ‘‘Sec. 208. Rule of construction. ‘‘Sec. 209. Authorization of appropriations. ‘‘TITLE III—PUBLIC HEALTH APPROACHES TO IDENTIFY AND PREVENT CHILD FATALITIES AND NEAR FATALITIES DUE TO CHILD ABUSE AND NEGLECT ‘‘Sec. 301. Purpose. ‘‘Sec. 302. Federal Work Group on Public Health Surveillance of Child Fatali- ties and near fatalities Due to Child Abuse and Neglect. ‘‘Sec. 303. Grants for State child death review of child abuse and neglect fatali- ties and near fatalities. ‘‘Sec. 304. Authorization of appropriations. ‘‘TITLE IV—PUBLIC HEALTH RESPONSE TO INFANTS AFFECTED BY SUBSTANCE USE DISORDER ‘‘Sec. 401. Purpose. VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6411 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1927 RS ‘‘Sec. 402. Requirements. ‘‘Sec. 403. National technical assistance and reporting. ‘‘Sec. 404. Grant program authorized. ‘‘Sec. 405. Authorization of appropriations.’’. SEC. 3. DEFINITIONS. 1 The Child Abuse Prevention and Treatment Act is 2 amended by striking section 3 (42 U.S.C. 5101 note) and 3 inserting the following: 4 ‘‘SEC. 2. DEFINITIONS. 5 ‘‘(a) IN GENERAL.—In this Act: 6 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na- 7 tive’ has the meaning given the term ‘Native’ in sec- 8 tion 3 of the Alaska Native Claims Settlement Act 9 (43 U.S.C. 1602). 10 ‘‘(2) CHILD.—Subject to subsection (b)(2), the 11 term ‘child’ means a person who has not attained 12 the lesser of— 13 ‘‘(A) the age of 18; or 14 ‘‘(B) except in the case of sexual abuse, 15 the age specified by the child protection law of 16 the State in which the child resides. 17 ‘‘(3) CHILD ABUSE AND NEGLECT.—The term 18 ‘child abuse and neglect’ means, at a minimum, any 19 recent act or failure to act on the part of a parent 20 or caretaker, which results in death, serious physical 21 or emotional harm, sexual abuse or exploitation (in- 22 cluding sexual abuse as determined under paragraph 23 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1927 RS (17)), or an act or failure to act which presents an 1 imminent risk of serious harm. 2 ‘‘(4) CHILD WITH A DISABILITY.—The term 3 ‘child with a disability’ means a child with a dis- 4 ability as defined in section 602 of the Individuals 5 with Disabilities Education Act (20 U.S.C. 1401), or 6 an infant or toddler with a disability as defined in 7 section 632 of such Act (20 U.S.C. 1432). 8 ‘‘(5) CHILDREN AND YOUTH OVERREPRE- 9 SENTED IN THE CHILD WELFARE SYSTEM.—The 10 term ‘children and youth overrepresented in the 11 child welfare system’ includes children and youth 12 who belong to populations who are the focus of re- 13 search efforts authorized under section 404N of the 14 Public Health Service Act (42 U.S.C. 283p) and de- 15 fined in NIH Notice NOT–OD–19–139 released on 16 August 28, 2019. 17 ‘‘(6) COMMUNITY-BASED FAMILY STRENGTH- 18 ENING SERVICES.—The term ‘community-based fam- 19 ily strengthening services’ includes services that— 20 ‘‘(A) are provided by organizations car- 21 rying out programs such as family resource pro- 22 grams, family support programs, voluntary 23 home visiting programs, respite care services 24 programs, parenting education, mutual support 25 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1927 RS programs for parents and children, parent part- 1 ner programs, family advocate programs, and 2 other community programs or networks of such 3 programs; and 4 ‘‘(B) are designed to prevent or respond to 5 child abuse and neglect and support families in 6 building protective factors linked to the preven- 7 tion of child abuse and neglect. 8 ‘‘(7) COMMUNITY REFERRAL SERVICES.—The 9 term ‘community referral services’ means services 10 provided under contract or through an interagency 11 agreement to assist families in obtaining needed in- 12 formation, mutual support, and community re- 13 sources, including respite care services, health and 14 mental health services, employability development 15 and job training, and other social services, including 16 early developmental screening of children, through 17 help lines or other methods. 18 ‘‘(8) GOVERNOR.—The term ‘Governor’ means 19 the chief executive officer of a State. 20 ‘‘(9) HOMELESS CHILDREN AND YOUTH.—The 21 term ‘homeless children and youth’ means an indi- 22 vidual who is described in section 725 of the McKin- 23 ney-Vento Homeless Assistance Act (42 U.S.C. 24 11434a). 25 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1927 RS ‘‘(10) INDIAN; INDIAN TRIBE; TRIBAL ORGANI- 1 ZATION.—The terms ‘Indian’, ‘Indian Tribe’, and 2 ‘Tribal organization’ have the meanings given the 3 terms ‘Indian’, ‘Indian tribe’, and ‘tribal organiza- 4 tion’, respectively, in section 4 of the Indian Self-De- 5 termination and Education Assistance Act (25 6 U.S.C. 5304). 7 ‘‘(11) NATIVE HAWAIIAN.—The term ‘Native 8 Hawaiian’ has the meaning given the term in section 9 6207 of the Elementary and Secondary Education 10 Act of 1965 (20 U.S.C. 7517). 11 ‘‘(12) NEAR FATALITY.—The term ‘near fatal- 12 ity’ means an act that, as certified by a physician, 13 places a child in serious or critical condition. 14 ‘‘(13) PROTECTIVE FACTORS LINKED TO THE 15 PREVENTION OF CHILD ABUSE AND NEGLECT.—The 16 term ‘protective factors linked to the prevention of 17 child abuse and neglect’ means evidence-based or 18 evidence-informed factors that have been dem- 19 onstrated to ensure families are more likely to be 20 healthy and strong and less likely to experience child 21 abuse and neglect. 22 ‘‘(14) RESPITE CARE SERVICES.—The term 23 ‘respite care services’ means services, including the 24 services of crisis nurseries, that are— 25 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1927 RS ‘‘(A) provided in the temporary absence of 1 the regular caregiver (meaning a parent, other 2 relative, foster parent, adoptive parent, or 3 guardian); 4 ‘‘(B) provided to children who— 5 ‘‘(i) are in danger of child abuse or 6 neglect; 7 ‘‘(ii) have experienced child abuse or 8 neglect; or 9 ‘‘(iii) have disabilities or chronic or 10 terminal illnesses; 11 ‘‘(C) provided within or outside the home 12 of the child; 13 ‘‘(D) short-term care (ranging from a few 14 hours to a few weeks of time, per year); and 15 ‘‘(E) intended to enable the family to stay 16 together and to keep the child living in the 17 home and community of the child. 18 ‘‘(15) SECRETARY.—The term ‘Secretary’ 19 means the Secretary of Health and Human Services. 20 ‘‘(16) SERIOUS BODILY INJURY.—The term ‘se- 21 rious bodily injury’ means bodily injury which in- 22 volves substantial risk of death, extreme physical 23 pain, protracted and obvious disfigurement, or pro- 24 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1927 RS tracted loss or impairment of the function of a bod- 1 ily member, organ, or mental faculty. 2 ‘‘(17) SEXUAL ABUSE.—The term ‘sexual 3 abuse’ includes— 4 ‘‘(A) the employment, use, persuasion, in- 5 ducement, enticement, or coercion of any child 6 to engage in, or assist any other person to en- 7 gage in, any sexually explicit conduct or simula- 8 tion of such conduct for the purpose of pro- 9 ducing a visual depiction of such conduct; and 10 ‘‘(B) the rape, and in cases of caretaker or 11 inter-familial relationships, statutory rape, mo- 12 lestation, prostitution, or other form of sexual 13 exploitation of children, or incest with children. 14 ‘‘(18) STATE.—Except as provided in section 15 106(g), the term ‘State’ means each of the several 16 States, the District of Columbia, the Commonwealth 17 of Puerto Rico, the Virgin Islands, Guam, American 18 Samoa, and the Commonwealth of the Northern 19 Mariana Islands. 20 ‘‘(19) WITHHOLDING MEDICALLY INDICATED 21 TREATMENT.—The term ‘withholding of medically 22 indicated treatment’ means the failure to respond to 23 the infant’s life-threatening conditions by providing 24 treatment (including appropriate nutrition, hydra- 25 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1927 RS tion, and medication) which, in the treating physi- 1 cian’s or physicians’ reasonable medical judgment, 2 will be most likely to be effective in ameliorating or 3 correcting all such conditions, except that the term 4 does not include the failure to provide treatment 5 (other than appropriate nutrition, hydration, or 6 medication) to an infant when, in the treating physi- 7 cian’s or physicians’ reasonable medical judgment— 8 ‘‘(A) the infant is chronically and irrevers- 9 ibly comatose; 10 ‘‘(B) the provision of such treatment 11 would— 12 ‘‘(i) merely prolong dying; 13 ‘‘(ii) not be effective in ameliorating 14 or correcting all of the infant’s life-threat- 15 ening conditions; or 16 ‘‘(iii) otherwise be futile in terms of 17 the survival of the infant; or 18 ‘‘(C) the provision of such treatment would 19 be virtually futile in terms of the survival of the 20 infant and the treatment itself under such cir- 21 cumstances would be inhumane. 22 ‘‘(b) SPECIAL RULE.— 23 ‘‘(1) IN GENERAL.—For purposes of para- 24 graphs (3) and (17) of subsection (a), a child shall 25 VerDate Sep 11 2014 22:17 Nov 15, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1927.RS S1927 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1927 RS be considered a victim of child abuse and neglect or 1 sexual abuse if the child is identified, by an em- 2 ployee of the State or local agency involved, as being 3 a victim of sex trafficking (as defined in section 103 4 of the Trafficking Victims Protection Act of 2000 5 (22 U.S.C. 7102)) or a victim of severe forms of 6 trafficking in persons (as defined in such section 7 103). 8 ‘‘(2) STATE OPTION.—Notwithstanding the def- 9 inition of child under subsection (a)(2), for purposes 10 of application of paragraph (1), a [Text truncated for display. 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