Emergency Funding for Child Protection Act

II 116TH CONGRESS 2D SESSION S. 3660 To provide emergency funding for caseworkers and child protective services. IN THE SENATE OF THE UNITED STATES MAY 7, 2020 Mr. CASEY (for himself, Mr. JONES, Mr. WYDEN, Ms. HARRIS, Mr. KAINE, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, 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 AMOUNTS FOR THE STATE GRANT 6 PROGRAM FOR CHILD ABUSE OR NEGLECT 7 PREVENTION AND TREATMENT PROGRAMS. 8 (a) APPROPRIATION.—There are hereby appropriated 9 to the Secretary of Health and Human Services (referred 10 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3660 IS to in this title as the ‘‘Secretary’’), out of amounts in the 1 Treasury not otherwise appropriated, $500,000,000 for 2 fiscal year 2020, for the purpose of providing additional 3 funding for the State grant program under section 106 4 of the Child Abuse Prevention and Treatment Act (42 5 U.S.C. 5106a), in accordance with this section. Such 6 amounts shall be in addition to other amounts made avail- 7 able for such purpose, and shall remain available until ex- 8 pended. 9 (b) EMERGENCY DESIGNATION.— 10 (1) IN GENERAL.—The amounts provided by 11 this section are designated as an emergency require- 12 ment pursuant to section 4(g) of the Statutory Pay- 13 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 14 (2) DESIGNATION IN SENATE.—In the Senate, 15 this section is designated as an emergency require- 16 ment pursuant to section 4112(a) of H. Con. Res. 17 71 (115th Congress), the concurrent resolution on 18 the budget for fiscal year 2018. 19 (c) ALLOTMENTS.—As soon as practicable, but not 20 later than 30 days after the date of enactment of this Act, 21 the Secretary shall make allotments out of the amounts 22 appropriated under subsection (a) to each State and terri- 23 tory receiving an allotment under section 106(f) of the 24 Child Abuse Prevention and Treatment Act (42 U.S.C. 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3660 IS 5106a(f)) for fiscal year 2019, in the same manner that 1 amounts appropriated under section 112 of such Act (42 2 U.S.C. 5106f)) are allotted to States in accordance with 3 section 106(f)(2) of such Act, except that, in allotting 4 amounts under this subsection, ‘‘$50,000’’ shall be 5 deemed to be ‘‘$1,000,000’’ each place such amount ap- 6 pears in such section 106(f)(2). 7 (d) USE OF FUNDS.—Amounts received by a State 8 or territory under subsection (c) may be used, consistent 9 with section 106 of the Child Abuse Prevention and Treat- 10 ment Act, to— 11 (1) expand the ability of caseworkers to conduct 12 safe, remote and in-person, homes visits and family 13 visits to investigate and treat child abuse and ne- 14 glect, which may include— 15 (A) purchasing personal protective equip- 16 ment for caseworkers and families, such as 17 gloves, hand sanitizer, and face masks; 18 (B) providing premium pay for case- 19 workers conducting in-home visits; 20 (C) purchasing new technology and updat- 21 ing or improving existing technology infrastruc- 22 ture for child welfare agencies; 23 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3660 IS (D) purchasing technology, including inter- 1 net access, and prepaid telephone minutes for 2 families; and 3 (E) training on the use of such technology 4 for caseworkers, families, and child welfare 5 agencies; 6 (2) operating and expanding the national hot- 7 line, including by publicizing such helpline, hiring 8 more staff, and increasing hours of operation; 9 (3) access mental health consultation and serv- 10 ices, including with infant-early childhood mental 11 health providers, to train and support caseworkers in 12 the impacts of disasters and traumatic experience 13 for children (including very young children), youth, 14 and adults, to help caseworkers provide trauma-in- 15 formed services; 16 (4) enhance the ability of caseworkers to con- 17 nect families with, or facilitate access to, other serv- 18 ices, such as telebehavioral health care, in-person 19 well-child visits with pediatricians, substance abuse 20 treatment, and early intervention and special edu- 21 cation services under the Individuals with Disabil- 22 ities Education Act (20 U.S.C. 1400 et seq.) for 23 young children with developmental delays and dis- 24 abilities; 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3660 IS (5) address the needs, including mental health 1 needs, of lesbian, gay, bisexual, transgender, and 2 queer youth who are suspected victims of child abuse 3 or neglect; 4 (6) purchase emergency supplies for families 5 caring for children under protective services super- 6 vision (either at home, in kinship care, or in foster 7 care) and not able to afford them, which may in- 8 clude cleaning and sanitizing supplies, diapers, hy- 9 giene products, formula for infants and toddlers, 10 and reusable cloth face coverings that are consistent 11 with the guidelines of the Centers for Disease Con- 12 trol and Prevention for preventing the spread of 13 COVID–19 among the general public; 14 (7) provide support, including assistance pay- 15 ments and access to legal representation, as needed, 16 to relatives or fictive kin to care for children whose 17 parents are diagnosed with COVID–19 until the par- 18 ents are recovered, in lieu of placing such children 19 in foster care; and 20 (8) carry out such other activities that enhance 21 the ability of the State or territory to protect chil- 22 dren and support families during the COVID–19 23 pandemic. 24 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3660 IS (e) NO STATE MATCH REQUIRED.—A State or terri- 1 tory shall not be required to provide any additional fund- 2 ing for the State program under section 106 of the Child 3 Abuse Prevention and Treatment Act as a condition for 4 receiving an allocation under subsection (c). 5 (f) REPORTS.—Each State or territory receiving an 6 allotment under this section shall submit to the Secretary, 7 every 6 months until the amount so allotted has been fully 8 expended, a report detailing how such State or territory 9 is using such allotment in accordance with the require- 10 ments of this section. 11 SEC. 3. ADDITIONAL AMOUNTS FOR COMMUNITY-BASED 12 GRANTS FOR THE PREVENTION OF CHILD 13 ABUSE AND NEGLECT. 14 (a) APPROPRIATION.—There are hereby appropriated 15 to the Secretary, out of amounts in the Treasury not oth- 16 erwise appropriated, $1,000,000,000 for fiscal year 2020, 17 for the purpose of providing additional funding for the 18 community-based grants for the prevention of child abuse 19 and neglect under title II of the Child Abuse Prevention 20 and Treatment Act (42 U.S.C. 5116 et seq.), in accord- 21 ance with this section. Such amounts shall be in addition 22 to other amounts made available for such purpose, and 23 shall remain available until expended. 24 (b) EMERGENCY DESIGNATION.— 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 3660 IS (1) IN GENERAL.—The amounts provided by 1 this section are designated as an emergency require- 2 ment pursuant to section 4(g) of the Statutory Pay- 3 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 4 (2) DESIGNATION IN SENATE.—In the Senate, 5 this section is designated as an emergency require- 6 ment pursuant to section 4112(a) of H. Con. Res. 7 71 (115th Congress), the concurrent resolution on 8 the budget for fiscal year 2018. 9 (c) ALLOTMENTS.—As soon as practicable, but not 10 later than 30 days after the date of enactment of this Act, 11 the Secretary shall make allotments out of the amounts 12 appropriated under subsection (a) to each State receiving 13 an allotment under section 203 of the Child Abuse Preven- 14 tion and Treatment Act (42 U.S.C. 5116b) for fiscal year 15 2019, in the same manner that amounts appropriated 16 under section 209 of such Act (42 U.S.C. 5116i) are allot- 17 ted to States in accordance with section 203 of such Act, 18 except that, in allotting amounts under this subsection— 19 (1) in subsection (a) of such section 203, ‘‘1 20 percent’’ shall be deemed to be ‘‘5 percent’’; 21 (2) in subsection (b)(1)(A) of such section 22 203— 23 (A) ‘‘70 percent’’ shall be deemed to be 24 ‘‘100 percent’’; and 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 3660 IS (B) ‘‘$175,000’’ shall be deemed to be 1 ‘‘$1,000,000’’; and 2 (3) subsections (b)(1)(B) and (c) of such sec- 3 tion 203 shall not apply. 4 (d) USE OF FUNDS.—Amounts received by a State 5 under subsection (c) may be used, consistent with title II 6 of the Child Abuse Prevention and Treatment Act, to— 7 (1) provide services and supports to help fami- 8 lies build protective factors linked to the prevention 9 of child abuse and neglect; 10 (2) purchase emergency supplies and basic ne- 11 cessities for families, which may include diapers and 12 infant hygiene products, formula, non-perishable 13 food, water, soap, hand sanitizer, and reusable cloth 14 face coverings that are consistent with the guidelines 15 of the Centers for Disease Control and Prevention 16 for preventing the spread of COVID–19 among the 17 general public; 18 (3) maximize the participation of racial and 19 ethnic minorities, children and adults with disabil- 20 ities, families experiencing domestic violence, fami- 21 lies experiencing homelessness and those at risk of 22 homelessness, families with low-incomes and families 23 with caregivers recently unemployed, lesbian, gay, bi- 24 sexual, transgender, and queer youth, and young 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 3660 IS parents in community-based and prevention-focused 1 programs designed to strengthen and support fami- 2 lies to prevent child abuse and neglect; 3 (4) bolster the efforts of the State hotlines by 4 publicizing such hotlines, hiring more staff, and in- 5 creasing hours of operation; 6 (5) establish satellite locations and mobile units 7 for community-based nonprofit organizations and 8 family resource centers so families can access re- 9 sources and services in a safe manner; 10 (6) hire, and provide premium pay to, social 11 program navigators, parent coaches, and home visi- 12 tors to reach more families; 13 (7) purchase technology, including internet ac- 14 cess, for staff and families to support the prevention 15 of child abuse and neglect, and train staff and fami- 16 lies to facilitate usage of such technology; 17 (8) develop and distribute parenting tip sheets 18 and guides for families that address topics that may 19 include— 20 (A) children’s responses to trauma caused 21 by the COVID–19 pandemic; 22 (B) adult self-care and stress management; 23 (C) familial conflict resolution and de-esca- 24 lation; 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 3660 IS (D) maintaining healthy attachments be- 1 tween caregivers and children, and where ap- 2 propriate, birth parents; 3 (E) understanding the intersection of trau- 4 ma with childhood development; and 5 (F) other tips and advice pertinent to 6 maintaining child and parent well-being during 7 the COVID–19 pandemic; 8 (9) access mental health services, including in- 9 fant-early childhood mental health services, through 10 mental health consultants to train and support staff 11 around the impacts of the COVID–19 pandemic, 12 about the intersection of trauma with childhood de- 13 velopment, and establish or support local trauma re- 14 sponse teams and the procedures to connect via re- 15 mote technology; 16 (10) assist community-based organizations op- 17 erating programs and activities designed to strength- 18 en and support families to prevent child abuse and 19 neglect with operating costs to ensure that such or- 20 ganizations can continue providing services during 21 the COVID–19 pandemic; and 22 (11) carry out other programs, services, and ac- 23 tivities that strengthen families and prevent child 24 abuse and neglect. 25 VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 3660 IS (e) NO STATE MATCH REQUIRED.—Notwithstanding 1 section 204(4) of the Child Abuse Prevention and Treat- 2 ment Act (42 U.S.C. 5116d(4)), a State shall not be re- 3 quired to provide any additional funding for the program 4 under title II of the Child Abuse Prevention and Treat- 5 ment Act (42 U.S.C. 5116 et seq.) as a condition for re- 6 ceiving an allocation under subsection (c). 7 (f) REPORTS.—Each State receiving an allotment 8 under this section shall submit to the Secretary, every 6 9 months until the amount so allotted has been fully ex- 10 pended, a report detailing how such State is using such 11 allotment in accordance with the requirements of this sec- 12 tion. 13 Æ VerDate Sep 11 2014 04:00 May 13, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S3660.IS S3660 pbinns on DSKJLVW7X2PROD with BILLS