Emergency Funding for Child Protection Act

I 116TH CONGRESS 2D SESSION H. R. 6838 To provide emergency funding for caseworkers and child protective services. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2020 Ms. SCHRIER (for herself, Mr. YOUNG, and Ms. BASS) introduced the fol- lowing bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6838 IH SEC. 2. ADDITIONAL AMOUNTS FOR THE STATE GRANT 1 PROGRAM FOR CHILD ABUSE OR NEGLECT 2 PREVENTION AND TREATMENT PROGRAMS. 3 (a) APPROPRIATION.—There are hereby appropriated 4 to the Secretary of Health and Human Services (referred 5 to in this title as the ‘‘Secretary’’), out of amounts in the 6 Treasury not otherwise appropriated, $500,000,000 for 7 fiscal year 2020, for the purpose of providing additional 8 funding for the State grant program under section 106 9 of the Child Abuse Prevention and Treatment Act (42 10 U.S.C. 5106a), in accordance with this section. Such 11 amounts shall be in addition to other amounts made avail- 12 able for such purpose, and shall remain available until ex- 13 pended. 14 (b) EMERGENCY DESIGNATION.— 15 (1) IN GENERAL.—The amounts provided by 16 this section are designated as an emergency require- 17 ment pursuant to section 4(g) of the Statutory Pay- 18 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 19 (2) DESIGNATION IN SENATE.—In the Senate, 20 this section is designated as an emergency require- 21 ment pursuant to section 4112(a) of H. Con. Res. 22 71 (115th Congress), the concurrent resolution on 23 the budget for fiscal year 2018. 24 (c) ALLOTMENTS.—As soon as practicable, but not 25 later than 30 days after the date of enactment of this Act, 26 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6838 IH the Secretary shall make allotments out of the amounts 1 appropriated under subsection (a) to each State and terri- 2 tory receiving an allotment under section 106(f) of the 3 Child Abuse Prevention and Treatment Act (42 U.S.C. 4 5106a(f)) for fiscal year 2019, in the same manner that 5 amounts appropriated under section 112 of such Act (42 6 U.S.C. 5106(f)) are allotted to States in accordance with 7 section 106(f)(2) of such Act, except that, in allotting 8 amounts under this subsection, ‘‘$50,000’’ shall be 9 deemed to be ‘‘$1,000,000’’ each place such amount ap- 10 pears in such section 106(f)(2). 11 (d) USE OF FUNDS.—Amounts received by a State 12 or territory under subsection (c) may be used, consistent 13 with section 106 of the Child Abuse Prevention and Treat- 14 ment Act, to— 15 (1) expand the ability of caseworkers to conduct 16 safe, remote and in-person, homes visits and family 17 visits to investigate and treat child abuse and ne- 18 glect, which may include— 19 (A) purchasing personal protective equip- 20 ment for caseworkers and families, such as 21 gloves, hand sanitizer, and face masks; 22 (B) providing premium pay for case- 23 workers conducting in-home visits; 24 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6838 IH (C) purchasing new technology and updat- 1 ing or improving existing technology infrastruc- 2 ture for child welfare agencies; 3 (D) purchasing technology, including inter- 4 net access, and prepaid telephone minutes for 5 families; and 6 (E) training on the use of such technology 7 for caseworkers, families, and child welfare 8 agencies; 9 (2) operating and expanding the national hot- 10 line, including by publicizing such helpline, hiring 11 more staff, and increasing hours of operation; 12 (3) access mental health consultation and serv- 13 ices, including with infant-early childhood mental 14 health providers, to train and support caseworkers in 15 the impacts of disasters and traumatic experience 16 for children (including very young children), youth, 17 and adults, to help caseworkers provide trauma-in- 18 formed services; 19 (4) enhance the ability of caseworkers to con- 20 nect families with, or facilitate access to, other serv- 21 ices, such as telebehavioral health care, in-person 22 well-child visits with pediatricians, substance abuse 23 treatment, and early intervention and special edu- 24 cation services under the Individuals with Disabil- 25 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6838 IH ities Education Act (20 U.S.C. 1400 et seq.) for 1 young children with developmental delays and dis- 2 abilities; 3 (5) address the needs, including mental health 4 needs, of lesbian, gay, bisexual, transgender, and 5 queer youth who are suspected victims of child abuse 6 or neglect; 7 (6) purchase emergency supplies for families 8 caring for children under protective services super- 9 vision (either at home, in kinship care, or in foster 10 care) and not able to afford them, which may in- 11 clude cleaning and sanitizing supplies, diapers, hy- 12 giene products, formula for infants and toddlers, 13 and reusable cloth face coverings that are consistent 14 with the guidelines of the Centers for Disease Con- 15 trol and Prevention for preventing the spread of 16 COVID–19 among the general public; 17 (7) provide support, including assistance pay- 18 ments and access to legal representation, as needed, 19 to relatives or fictive kin to care for children whose 20 parents are diagnosed with COVID–19 until the par- 21 ents are recovered, in lieu of placing such children 22 in foster care; and 23 (8) carry out such other activities that enhance 24 the ability of the State or territory to protect chil- 25 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6838 IH dren and support families during the COVID–19 1 pandemic. 2 (e) NO STATE MATCH REQUIRED.—A State or terri- 3 tory shall not be required to provide any additional fund- 4 ing for the State program under section 106 of the Child 5 Abuse Prevention and Treatment Act as a condition for 6 receiving an allocation under subsection (c). 7 (f) REPORTS.—Each State or territory receiving an 8 allotment under this section shall submit to the Secretary, 9 every 6 months until the amount so allotted has been fully 10 expended, a report detailing how such State or territory 11 is using such allotment in accordance with the require- 12 ments of this section. 13 SEC. 3. ADDITIONAL AMOUNTS FOR COMMUNITY-BASED 14 GRANTS FOR THE PREVENTION OF CHILD 15 ABUSE AND NEGLECT. 16 (a) APPROPRIATION.—There are hereby appropriated 17 to the Secretary, out of amounts in the Treasury not oth- 18 erwise appropriated, $1,000,000,000 for fiscal year 2020, 19 for the purpose of providing additional funding for the 20 community-based grants for the prevention of child abuse 21 and neglect under title II of the Child Abuse Prevention 22 and Treatment Act (42 U.S.C. 5116 et seq.), in accord- 23 ance with this section. Such amounts shall be in addition 24 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 6838 IH to other amounts made available for such purpose, and 1 shall remain available until expended. 2 (b) EMERGENCY DESIGNATION.— 3 (1) IN GENERAL.—The amounts provided by 4 this section are designated as an emergency require- 5 ment pursuant to section 4(g) of the Statutory Pay- 6 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 7 (2) DESIGNATION IN SENATE.—In the Senate, 8 this section is designated as an emergency require- 9 ment pursuant to section 4112(a) of H. Con. Res. 10 71 (115th Congress), the concurrent resolution on 11 the budget for fiscal year 2018. 12 (c) ALLOTMENTS.—As soon as practicable, but not 13 later than 30 days after the date of enactment of this Act, 14 the Secretary shall make allotments out of the amounts 15 appropriated under subsection (a) to each State receiving 16 an allotment under section 203 of the Child Abuse Preven- 17 tion and Treatment Act (42 U.S.C. 5116b) for fiscal year 18 2019, in the same manner that amounts appropriated 19 under section 209 of such Act (42 U.S.C. 5116i) are allot- 20 ted to States in accordance with section 203 of such Act, 21 except that, in allotting amounts under this subsection— 22 (1) in subsection (a) of such section 203, ‘‘1 23 percent’’ shall be deemed to be ‘‘5 percent’’; 24 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 6838 IH (2) in subsection (b)(1)(A) of such section 1 203— 2 (A) ‘‘70 percent’’ shall be deemed to be 3 ‘‘100 percent’’; and 4 (B) ‘‘$175,000’’ shall be deemed to be 5 ‘‘$1,000,000’’; and 6 (3) subsections (b)(1)(B) and (c) of such sec- 7 tion 203 shall not apply. 8 (d) USE OF FUNDS.—Amounts received by a State 9 under subsection (c) may be used, consistent with title II 10 of the Child Abuse Prevention and Treatment Act, to— 11 (1) provide services and supports to help fami- 12 lies build protective factors linked to the prevention 13 of child abuse and neglect; 14 (2) purchase emergency supplies and basic ne- 15 cessities for families, which may include diapers and 16 infant hygiene products, formula, non-perishable 17 food, water, soap, hand sanitizer, and reusable cloth 18 face coverings that are consistent with the guidelines 19 of the Centers for Disease Control and Prevention 20 for preventing the spread of COVID–19 among the 21 general public; 22 (3) maximize the participation of racial and 23 ethnic minorities; children and adults with disabil- 24 ities; families experiencing domestic violence; fami- 25 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 6838 IH lies experiencing homelessness and those at risk of 1 homelessness; families with low-incomes and families 2 with caregivers recently unemployed; lesbian, gay, bi- 3 sexual, transgender, and queer youth; and young 4 parents in community-based and prevention-focused 5 programs designed to strengthen and support fami- 6 lies to prevent child abuse and neglect; 7 (4) bolster the efforts of the State hotlines by 8 publicizing such hotlines, hiring more staff, and in- 9 creasing hours of operation; 10 (5) establish satellite locations and mobile units 11 for community based nonprofit organizations and 12 family resource centers so families can access re- 13 sources and services in a safe manner; 14 (6) hire, and provide premium pay to, social 15 program navigators, parent coaches, and home visi- 16 tors to reach more families; 17 (7) purchase technology, including internet ac- 18 cess, for staff and families to support the prevention 19 of child abuse and neglect, and train staff and fami- 20 lies to facilitate usage of such technology; 21 (8) develop and distribute parenting tip sheets 22 and guides for families that address topics that may 23 include— 24 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 6838 IH (A) children’s responses to trauma caused 1 by the COVID–19 pandemic; 2 (B) adult self-care and stress management; 3 (C) familial conflict resolution and de-esca- 4 lation; 5 (D) maintaining healthy attachments be- 6 tween caregivers and children, and where ap- 7 propriate, birth parents; 8 (E) understanding the intersection of trau- 9 ma with childhood development; and 10 (F) other tips and advice pertinent to 11 maintaining child and parent well-being during 12 the COVID–19 pandemic; 13 (9) access mental health services, including in- 14 fant-early childhood mental health services, through 15 mental health consultants to train and support staff 16 around the impacts of the COVID–19 pandemic, 17 about the intersection of trauma with childhood de- 18 velopment, and establish or support local trauma re- 19 sponse teams and the procedures to connect via re- 20 mote technology; 21 (10) assist community-based organizations op- 22 erating programs and activities designed to strength- 23 en and support families to prevent child abuse and 24 neglect with operating costs to ensure that such or- 25 VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 6838 IH ganizations can continue providing services during 1 the COVID–19 pandemic; and 2 (11) carry out other programs, services, and ac- 3 tivities that strengthen families and prevent child 4 abuse and neglect. 5 (e) NO STATE MATCH REQUIRED.—Notwithstanding 6 section 204(4) of the Child Abuse Prevention and Treat- 7 ment Act (42 U.S.C. 5116d(4)), a State shall not be re- 8 quired to provide any additional funding for the program 9 under title II of the Child Abuse Prevention and Treat- 10 ment Act (42 U.S.C. 5116 et seq.) as a condition for re- 11 ceiving an allocation under subsection (c). 12 (f) REPORTS.—Each State receiving an allotment 13 under this section shall submit to the Secretary, every 6 14 months until the amount so allotted has been fully ex- 15 pended, a report detailing how such State is using such 16 allotment in accordance with the requirements of this sec- 17 tion. 18 Æ VerDate Sep 11 2014 01:49 May 30, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H6838.IH H6838 kjohnson on DSK79L0C42PROD with BILLS