Supporting Family Mental Health in CAPTA Act

I 116TH CONGRESS 1ST SESSION H. R. 2503 To amend the Child Abuse Prevention and Treatment Act to increase support for mental health. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2019 Mr. PHILLIPS introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Child Abuse Prevention and Treatment Act to increase support for mental health. 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 ‘‘Supporting Family 4 Mental Health in CAPTA Act’’. 5 SEC. 2. AMENDMENTS TO THE CHILD ABUSE PREVENTION 6 AND TREATMENT ACT. 7 (a) FINDINGS.—Section 2 of the Child Abuse Preven- 8 tion and Treatment Act (42 U.S.C. 5101 note) is amend- 9 ed— 10 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 2 •HR 2503 IH (1) in paragraph (6)(A), by inserting ‘‘physical, 1 behavioral, and’’ after ‘‘legal,’’; and 2 (2) in paragraph (11), by inserting ‘‘trauma-in- 3 formed,’’ after ‘‘comprehensive,’’. 4 (b) NATIONAL CLEARINGHOUSE.—Section 103(b) of 5 the Child Abuse Prevention and Treatment Act (42 U.S.C. 6 5104(b)) is amended— 7 (1) in paragraph (1), by striking ‘‘effective pro- 8 grams,’’ and inserting ‘‘evidence-based, evidence-in- 9 formed, or promising programs,’’; 10 (2) by redesignating paragraphs (5) through 11 (9) as paragraphs (6) through (10), respectively; 12 and 13 (3) by inserting after paragraph (4), the fol- 14 lowing: 15 ‘‘(5) maintain and disseminate information that 16 describes best practices for making appropriate re- 17 ferrals related to, and addressing, the physical, be- 18 havioral, mental health, and developmental needs of 19 victims of child abuse or neglect;’’. 20 (c) RESEARCH AND ASSISTANCE ACTIVITIES.—Sec- 21 tion 104 of the Child Abuse Prevention and Treatment 22 Act (42 U.S.C. 5105) is amended— 23 (1) in subsection (a)— 24 (A) in paragraph (1)— 25 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 3 •HR 2503 IH (i) by striking subparagraph (F) and 1 inserting the following: 2 ‘‘(F) effective approaches to interagency 3 collaboration between child welfare agencies, the 4 juvenile justice authorities, and public health 5 and mental health agencies that improve the de- 6 livery of services and treatment (including serv- 7 ices and treatment related to domestic violence 8 or mental health), which may include ap- 9 proaches relating to methods for continuity of 10 treatment plan and services as children transi- 11 tion between systems;’’; 12 (ii) by redesignating subparagraphs 13 (G) through (M), and subparagraphs (N) 14 and (O), as subparagraphs (H) through 15 (N), and subparagraphs (Q) and (R), re- 16 spectively; 17 (iii) by inserting after subparagraph 18 (F) the following: 19 ‘‘(G) effective practices to leverage commu- 20 nity-based resources to prevent child abuse and 21 neglect, including resources regarding physical, 22 behavioral, and mental health, substance use 23 disorder, housing, parent support, financial as- 24 sistance, early childhood development and learn- 25 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 4 •HR 2503 IH ing, education, and other services to assist fam- 1 ilies;’’; 2 (iv) by inserting after subparagraph 3 (N), as redesignated by subparagraph (B), 4 the following: 5 ‘‘(O) methods to address geographic, ra- 6 cial, and cultural equity and disparities in the 7 child welfare system, including a focus on ac- 8 cess to culturally appropriate family strength- 9 ening programs and activities that prevent child 10 abuse and neglect; 11 ‘‘(P) evidence-based, evidence-informed, or 12 promising practices or programs to prevent 13 child abuse and neglect in families that have 14 not had contact with the child welfare system;’’; 15 and 16 (v) in subparagraph (Q), as redesig- 17 nated by subparagraph (B), by striking 18 ‘‘subparagraph (O)’’ and inserting ‘‘sub- 19 paragraph (R)’’; and 20 (B) in paragraph (2), by striking ‘‘para- 21 graph (1)(O)’’ and inserting ‘‘paragraph 22 (1)(R)’’; and 23 (2) in subsection (b)(2)— 24 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 5 •HR 2503 IH (A) in subparagraph (C), by striking 1 ‘‘and’’ after the semicolon; 2 (B) in subparagraph (D), by striking the 3 period at the end and inserting ‘‘; and’’; and 4 (C) by adding at the end the following: 5 ‘‘(E) various methods and procedures to 6 reduce geographic, racial, and cultural dispari- 7 ties in the child welfare system, which may in- 8 clude engaging law enforcement, education, 9 health, and other relevant systems in such ef- 10 forts.’’. 11 (d) GRANTS FOR INDIAN TRIBES.—Section 105(a)(1) 12 of the Child Abuse Prevention and Treatment Act (42 13 U.S.C. 5106(a)(1)) is amended— 14 (1) in subparagraph (D)— 15 (A) by striking ‘‘entities providing physical 16 and mental health services’’ and inserting ‘‘enti- 17 ties providing physical, behavioral, and mental 18 health services’’; 19 (B) by striking ‘‘and health care agencies 20 that support’’ and inserting ‘‘and physical, be- 21 havioral, and mental health care agencies that 22 support’’; and 23 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 6 •HR 2503 IH (C) by striking ‘‘the health evaluation 1 needs’’ and inserting ‘‘the physical, behavioral, 2 and mental health evaluation needs’’; 3 (2) in subparagraph (L)(ii), by striking ‘‘and’’ 4 after the semicolon; 5 (3) in subparagraph (M), by striking the period 6 at the end and inserting ‘‘; and’’; and 7 (4) by adding at the end the following: 8 ‘‘(N) for enabling Indian Tribes or Tribal 9 organizations to provide services and programs 10 that are adapted to the culture and context of 11 the Tribal communities served.’’. 12 (e) GRANTS TO STATES.—Section 106 of the Child 13 Abuse Prevention and Treatment Act (42 U.S.C. 5106a) 14 is amended— 15 (1) in subsection (a)— 16 (A) in paragraph (6)— 17 (i) in subparagraph (C), by striking 18 and after the semicolon; and 19 (ii) by striking subparagraph (D) and 20 inserting the following: 21 ‘‘(D) training in early childhood, child, and 22 adolescent development and the impact of child 23 abuse and neglect, and the long-term impacts of 24 adverse childhood experiences; 25 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 7 •HR 2503 IH ‘‘(E) training regarding trauma-informed 1 practices to mitigate the effects of trauma for 2 infants, children, youth, and parents; 3 ‘‘(F) training to enhance linkages among 4 child protective service agencies and entities 5 providing physical, behavioral, and mental 6 health services, and community resources, for 7 purposes of conducting evaluations and pro- 8 viding services related to substantiated cases of 9 child abuse or neglect; and 10 ‘‘(G) training regarding the links between 11 child abuse and neglect and domestic violence, 12 and comprehensive, trauma-informed ap- 13 proaches to working with families with sub- 14 stance use disorder or mental health issues;’’; 15 (B) in paragraph (13)(A), by inserting 16 ‘‘early care and learning and’’ after ‘‘linkages 17 with’’; and 18 (C) in paragraph (13)(B), by inserting 19 ‘‘trauma-informed,’’ after ‘‘supporting 20 prompt,’’; and 21 (2) in subsection (b)(2)(B)(xxi), by striking 22 ‘‘(20 U.S.C. 1431 et seq.)’’ and inserting ‘‘(20 23 U.S.C. 1431 et seq.), including a description of how 24 those provisions and procedures are effective in en- 25 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 8 •HR 2503 IH suring that such a referral is made and how the 1 State will ensure compliance with those provisions 2 and procedures, which may include— 3 ‘‘(I) a memorandum of agree- 4 ment between the State child welfare 5 agency and the State agency respon- 6 sible for administering such part, re- 7 garding the coordination of referral 8 procedures, communication of the re- 9 quirement for such referral to child 10 welfare and early intervention staff at 11 the local level, and guidance on local 12 coordination between the those 2 13 agencies, both systemically and 14 around individual cases; 15 ‘‘(II) training for local child wel- 16 fare staff on the nature of develop- 17 mental delays and disabilities, the 18 prevalence of such delays and disabil- 19 ities in infants and toddlers in the 20 child welfare system, and the impor- 21 tance of early intervention services; 22 and 23 ‘‘(III) a description of how data 24 will be collected and reported on the 25 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 9 •HR 2503 IH percentage of infants and toddlers 1 screened for developmental issues, re- 2 ferred for full evaluation (if screening 3 is not performed by the agency pro- 4 viding early intervention services), de- 5 termined to need early intervention 6 services, and receiving such services.’’. 7 (f) REFERRALS FOR MENTAL HEALTH SERVICES.— 8 Section 201(b)(1) of the Child Abuse Prevention and 9 Treatment Act (42 U.S.C. 5116(b)(1)) is amended in sub- 10 paragraph (H) by inserting ‘‘, mental health,’’ after ‘‘early 11 health’’. 12 (g) APPLICATION.—Section 204 of the Child Abuse 13 Prevention and Treatment Act (42 U.S.C. 5116d) is 14 amended— 15 (1) in paragraph (11), by striking ‘‘and’’ after 16 the semicolon; 17 (2) by redesignating paragraph (12) as para- 18 graph (13); and 19 (3) by inserting after paragraph (11) the fol- 20 lowing: 21 ‘‘(12) a description of the actions that the ap- 22 plicant entity will take to improve the mental health 23 of children and families in order to strengthen and 24 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 10 •HR 2503 IH support families to prevent child abuse and neglect, 1 including through activities such as— 2 ‘‘(A) maternal depression screening and 3 treatment, social-emotional screening for young 4 children, evidence-based treatment for families 5 with complex needs, trauma-focused and pro-at- 6 tachment mental health models; 7 ‘‘(B) programs and services that address 8 social determinants of health; and 9 ‘‘(C) programs and services that address 10 intimate partner violence in child-serving set- 11 tings; and’’. 12 (h) LOCAL PROGRAM REQUIREMENTS.—Section 13 205(a)(3) of the Child Abuse Prevention and Treatment 14 Act (42 U.S.C. 5116e(a)(3)) is amended— 15 (1) in subparagraph (A), by adding at the end 16 the following: 17 ‘‘(v) referral to mental health services, 18 which may include using infant and early 19 childhood mental health evaluation and 20 treatment services; and’’; and 21 (2) in subparagraph (B)(ix), by striking the pe- 22 riod at the end and inserting a semicolon. 23 VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS 11 •HR 2503 IH SEC. 3. TECHNICAL AMENDMENTS. 1 The Child Abuse Prevention and Treatment Act (42 2 U.S.C. 5101 et seq.) is amended— 3 (1) by striking ‘‘tribes’’ and inserting ‘‘Tribes’’ 4 each place the term appears; 5 (2) by striking ‘‘tribal’’ and inserting ‘‘Tribal’’ 6 each place the term appears; and 7 (3) in paragraph (5) of section 3 (42 U.S.C. 8 5101 note)— 9 (A) by striking ‘‘tribe’’ and inserting 10 ‘‘Tribe’’; and 11 (B) by inserting ‘‘(without respect to cap- 12 italization)’’ after ‘‘given the terms’’. 13 Æ VerDate Sep 11 2014 22:55 May 08, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2503.IH H2503 kjohnson on DSK79L0C42 with BILLS