Stop Institutional Child Abuse Act

I 118TH CONGRESS 1ST SESSION H. R. 2955 To study and prevent child abuse in youth residential programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 27, 2023 Mr. KHANNA (for himself, Mr. CARTER of Georgia, Ms. SCHAKOWSKY, and Mrs. MCCLAIN) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To study and prevent child abuse in youth residential programs, and for other purposes. 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 ‘‘Stop Institutional 4 Child Abuse Act’’. 5 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2955 IH SEC. 2. IMPROVING NATIONAL DATA COLLECTION AND RE- 1 PORTING FOR YOUTH IN YOUTH RESIDEN- 2 TIAL PROGRAMS. 3 Title V of the Public Health Service Act (42 U.S.C. 4 290aa et seq.) is amended by inserting after part I (42 5 U.S.C. 290jj et seq.) the following: 6 ‘‘PART J—IMPROVING NATIONAL DATA COLLEC- 7 TION AND REPORTING FOR YOUTH IN YOUTH 8 RESIDENTIAL PROGRAMS 9 ‘‘SEC. 596. FEDERAL WORK GROUP ON YOUTH RESIDENTIAL 10 PROGRAMS. 11 ‘‘(a) IN GENERAL.—The Secretary shall establish the 12 Federal Work Group on Youth Residential Programs (re- 13 ferred to in this section as the ‘Work Group’) to improve 14 the dissemination and implementation of best practices re- 15 garding the health and safety (including with respect to 16 the use of seclusion and restraints), care, treatment, and 17 appropriate placement of youth in youth residential pro- 18 grams. 19 ‘‘(b) COMPOSITION.— 20 ‘‘(1) IN GENERAL.—The Secretary shall appoint 21 9 representatives to the Work Group from the Ad- 22 ministration for Children and Families, the Adminis- 23 tration for Community Living, the Substance Abuse 24 and Mental Health Services Administration, the De- 25 partment of Education, the Department of Justice, 26 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2955 IH the Indian Health Service, and the Centers for 1 Medicare & Medicaid Services. 2 ‘‘(2) OTHER FEDERAL AGENCIES.—The Work 3 Group may include representatives from other Fed- 4 eral agencies, as the Secretary determines appro- 5 priate, appointed by the head of the relevant agency. 6 ‘‘(c) CONSULTATION.—In carrying out the duties de- 7 scribed in subsection (d), the Work Group shall consult 8 with— 9 ‘‘(1) child advocates, including attorneys experi- 10 enced in working with youth overrepresented in the 11 child welfare system or the juvenile justice system; 12 ‘‘(2) health professionals, including mental 13 health and substance use disorder professionals, 14 nurses, physicians, social workers and other health 15 care providers who provide services to youth who 16 may be served by residential programs; 17 ‘‘(3) protection and advocacy systems; 18 ‘‘(4) individuals experienced in working with 19 youth with disabilities, including emotional, mental 20 health, and substance use disorders; 21 ‘‘(5) individuals with lived experience as chil- 22 dren and youth in youth residential programs, in- 23 cluding individuals with intellectual or developmental 24 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2955 IH disabilities and individuals with emotional, mental 1 health, or substance use disorders; 2 ‘‘(6) representatives of State and local child 3 protective services agencies and other relevant public 4 agencies; 5 ‘‘(7) parents or guardians of children and youth 6 with emotional, mental health, or substance use dis- 7 order needs; 8 ‘‘(8) experts on issues related to child abuse 9 and neglect in youth residential programs; 10 ‘‘(9) administrators of youth residential pro- 11 grams; 12 ‘‘(10) education professionals who provide serv- 13 ices to youth in youth residential programs; 14 ‘‘(11) Indian Tribes and Tribal organizations; 15 ‘‘(12) State legislators; 16 ‘‘(13) State licensing agencies; and 17 ‘‘(14) others, as appropriate. 18 ‘‘(d) DUTIES.—The Work Group shall— 19 ‘‘(1) develop and publish recommendations re- 20 garding a national database that aggregates data, 21 including process-oriented data such as length of 22 stay and use of restraints, and seclusion and out- 23 come-oriented data such as discharge setting and 24 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2955 IH ability to be safety maintained in school and commu- 1 nity at least 6-months after discharge; 2 ‘‘(2) beginning not later than 2 years after the 3 date of enactment of the Stop Institutional Child 4 Abuse Act, and every 2 years thereafter, submit to 5 the Secretary and the Committee on Health, Edu- 6 cation, Labor, and Pensions and the Committee on 7 Finance of the Senate, and the Committee on Edu- 8 cation and the Workforce, the Committee on Energy 9 and Commerce, and the Committee on Ways and 10 Means of the House of Representatives, a report 11 containing policy recommendations designed to— 12 ‘‘(A) improve the coordination of the dis- 13 semination and implementation of best practices 14 regarding the health and safety (including use 15 of seclusion and restraints), care, treatment, 16 and appropriate placement of youth in youth 17 residential programs; 18 ‘‘(B) promote the coordination of the dis- 19 semination and implementation of best practices 20 regarding the care and treatment of youth in 21 youth residential programs among State child 22 welfare agencies, State Medicaid agencies, and 23 State mental and behavioral health agencies; 24 and 25 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2955 IH ‘‘(C) promote the adoption and implemen- 1 tation of best practices regarding the care and 2 treatment of youth in youth residential pro- 3 grams among child welfare systems, licensing 4 agencies, accreditation organizations, and other 5 relevant monitoring and enforcement entities; 6 ‘‘(3) develop and utilize risk assessment tools, 7 including projects that provide for the development 8 of research-based strategies for risk assessments re- 9 lating to the health, safety (including with respect to 10 the use of seclusion and restraints), and well-being 11 of youth in youth residential programs; 12 ‘‘(4) support the development and implementa- 13 tion of education and training resources for profes- 14 sional and paraprofessional personnel in the fields of 15 health care, law enforcement, judiciary, social work, 16 child protection (including the prevention, identifica- 17 tion, and treatment of child abuse and neglect), edu- 18 cation, child care, and other relevant fields, and indi- 19 viduals such as court appointed special advocates 20 and guardians ad litem, including education and 21 training resources regarding— 22 ‘‘(A) the unique needs, experiences, and 23 outcomes of youth overrepresented in youth res- 24 idential programs; 25 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2955 IH ‘‘(B) the enhancement of interagency com- 1 munication among child protective service agen- 2 cies, protection and advocacy systems, State li- 3 censing agencies, State Medicaid agencies, and 4 accreditation agencies; 5 ‘‘(C) best practices to eliminate the usage 6 of physical, mechanical, and chemical restraint 7 and seclusion, and to promote the use of posi- 8 tive behavioral interventions and supports, cul- 9 turally and linguistically sensitive services, men- 10 tal health supports, trauma- and grief-informed 11 care, and crisis de-escalation interventions; and 12 ‘‘(D) the legal duties of such professional 13 and paraprofessional personnel and youth resi- 14 dential program personnel and the responsibil- 15 ities of such professionals and personnel to pro- 16 tect the legal rights of children in youth resi- 17 dential programs, consistent with applicable 18 State and Federal law; 19 ‘‘(5) improve accessibility and development of 20 community-based alternatives to youth residential 21 programs; 22 ‘‘(6) provide recommendations for innovative 23 programs designed to provide community support 24 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2955 IH and resources to at-risk youth, including programs 1 that— 2 ‘‘(A) support continuity of education, in- 3 cluding removing barriers to access; 4 ‘‘(B) provide mentorship; 5 ‘‘(C) support the provision of crisis inter- 6 vention services and in-home or outpatient men- 7 tal health and substance use disorder treat- 8 ment; and 9 ‘‘(D) provide other resources to families 10 and parents or guardians that assist in pre- 11 venting the need for out-of-home placement of 12 youth in youth residential programs; 13 ‘‘(7) perform other activities, such as activities 14 relating to development, dissemination, outreach, en- 15 gagement, or training associated with advancing 16 least-restrictive, evidence-based, trauma and grief-in- 17 formed, and developmentally and culturally com- 18 petent care for youth in youth residential programs 19 and youth at risk of being placed in such programs; 20 and 21 ‘‘(8) provide recommendations on best practices 22 to convey Work Group recommendations to States. 23 ‘‘SEC. 596A. DEFINITIONS. 24 ‘‘In this part: 25 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2955 IH ‘‘(1) CHILD ABUSE OR NEGLECT.—The term 1 ‘child abuse or neglect’ has the meaning given such 2 term in section 3 of the Child Abuse Prevention and 3 Treatment Act. 4 ‘‘(2) CULTURALLY COMPETENT.—The term 5 ‘culturally competent’ has the meaning given such 6 term in section 102 of the Developmental Disabil- 7 ities Assistance and Bill of Rights Act of 2000. 8 ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 9 The terms ‘Indian Tribe’ and ‘Tribal organization’ 10 have the meanings given such terms in section 4 of 11 the Indian Self-Determination and Education Assist- 12 ance Act. 13 ‘‘(4) PROTECTION AND ADVOCACY SYSTEMS.— 14 The term ‘protection and advocacy system’ means a 15 system established by a State or Indian Tribe under 16 section 143 of the Developmental Disabilities Assist- 17 ance and Bill of Rights Act of 2000. 18 ‘‘(5) STATE.—The term ‘State’ means each of 19 the several States, the District of Columbia, the 20 Commonwealth of Puerto Rico, the Virgin Islands, 21 Guam, American Samoa, and the Commonwealth of 22 the Northern Mariana Islands. 23 ‘‘(6) YOUTH.—The term ‘youth’ means an indi- 24 vidual who has not attained the age of 22. 25 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2955 IH ‘‘(7) YOUTH RESIDENTIAL PROGRAM.— 1 ‘‘(A) IN GENERAL.—The term ‘youth resi- 2 dential program’ means each location of a facil- 3 ity or program operated by a public or private 4 entity that, with respect to one or more youth 5 who are unrelated to the owner or operator of 6 the facility or program— 7 ‘‘(i) provides a residential environ- 8 ment, such as— 9 ‘‘(I) a program with a wilderness 10 or outdoor experience, expedition, or 11 intervention; 12 ‘‘(II) a boot camp experience or 13 other experience designed to simulate 14 characteristics of basic military train- 15 ing or correctional regimes; 16 ‘‘(III) an education or thera- 17 peutic boarding school; 18 ‘‘(IV) a behavioral modification 19 program; 20 ‘‘(V) a residential treatment cen- 21 ter or facility; 22 ‘‘(VI) a qualified residential 23 treatment program (as defined in sec- 24 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2955 IH tion 472(k)(4) of the Social Security 1 Act); 2 ‘‘(VII) a psychiatric residential 3 treatment program that meets the re- 4 quirements of subpart D of part 441 5 of title 42, Code of Federal Regula- 6 tions (or any successor regulations); 7 ‘‘(VIII) a group home serving 8 children and youth placed by any 9 placing authority; 10 ‘‘(IX) an intermediate care facil- 11 ity for individuals with intellectual 12 disabilities; or 13 ‘‘(X) any residential program 14 that is utilized as an alternative to in- 15 carceration for justice involved youth, 16 adjudicated youth, or youth deemed 17 delinquent; and 18 ‘‘(ii) serves youth who have a history 19 or diagnosis of— 20 ‘‘(I) an emotional, behavioral, or 21 mental health disorder; 22 ‘‘(II) a substance misuse or use 23 disorder, including alcohol misuse or 24 use disorders; or 25 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2955 IH ‘‘(III) an intellectual, develop- 1 mental, physical, or sensory disability. 2 ‘‘(B) EXCLUSION.—The term ‘youth resi- 3 dential program’ does not include— 4 ‘‘(i) a hospital licensed by the State; 5 or 6 ‘‘(ii) a foster family home that pro- 7 vides 24-hour substitute care for children 8 placed away from their parents or guard- 9 ians and for whom the State child welfare 10 services agency has placement and care re- 11 sponsibility and that is licensed and regu- 12 lated by the State as a foster family 13 home.’’. 14 SEC. 3. NATIONAL ACADEMIES OF SCIENCES, ENGINEER- 15 ING, AND MEDICINE STUDY. 16 (a) IN GENERAL.—Not later than 45 days after the 17 date of enactment of this Act, the Secretary of Health and 18 Human Services shall seek to enter into a contract with 19 the National Academies of Sciences, Engineering, and 20 Medicine (referred to in this section as the ‘‘National 21 Academies’’) to conduct a study to examine the state of 22 youth in youth residential programs and make rec- 23 ommendations. 24 VerDate Sep 11 2014 03:13 May 06, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2955.IH H2955 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2955 IH (b) STUDY COMPONENTS.—Pursuant to the contract 1 under subsection (a), the National Academies shall, not 2 later than 3 years after the date of enactment of the Stop 3 Institutional Child Abuse Act, issue a report informed by 4 the study conducted under such subsection that includes— [Text truncated for display. 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