Infant Plan of Safe Care Improvement Act
Floor Speech
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Mr. BARLETTA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4843) to amend the Child Abuse Prevention and Treatment Act to require certain monitoring and oversight, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 4843
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Plan of Safe Care Improvement Act''. SEC. 2. BEST PRACTICES FOR DEVELOPMENT OF PLANS OF SAFE CARE.
Section 103(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended--
(1) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and
(2) by inserting after paragraph (4), the following:
``(5) maintain and disseminate information about the requirements of section 106(b)(2)(B)(iii) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by illegal substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder;''. SEC. 3. STATE PLANS.
Section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(iii)) is amended by inserting before the semicolon at the end the following: ``to ensure the safety and well-being of such infant following release from the care of healthcare providers, including through--''
``(I) addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and
``(II) the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver''. SEC. 4. DATA REPORTS.
(a) In General.--Section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by adding at the end of the following:
``(17)(A) The number of infants identified under subsection (b)(2)(B)(ii).
``(B) The number of infants for whom a plan of safe care was developed under subsection (b)(2)(B)(iii).
``(C) The number of infants for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii).''.
(b) Redesignation.--Effective on May 29, 2017, section 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended by redesignating paragraph (17) (as added by subsection (a)) as paragraph (18). SEC. 5. MONITORING AND OVERSIGHT.
(a) Amendment.--Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is further amended by adding at the end the following: ``SEC. 114. MONITORING AND OVERSIGHT.
``The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which--
``(1) shall--
``(A) be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and
``(B) include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 106(b)(2)(B); and
``(2) may include--
``(A) a comparison of activities carried out by the State to comply with the requirements of section 106(b) with the State plan most recently approved under section 432 of the Social Security Act;
``(B) a review of information available on the Website of the State relating to its compliance with the requirements of section 106(b);
``(C) site visits, as may be necessary to carry out such monitoring; and
``(D) a review of information available in the State's Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations (or successor regulations).''.
(b) Table of Contents.--The table of contents in section 1(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113, the following: ``Sec. 114. Monitoring and oversight.''. SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be construed to authorize the Secretary of Health and Human Services or any other officer of the Federal Government to add new requirements to section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)), as amended by this Act.
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Mr. BARLETTA. 4843.
I rise today in strong support of H.R. 4843, the Infant Plan of Safe Care Improvement Act.
Every 25 minutes in America, a baby is born suffering from opiate withdrawal. It is an eye-opening statistic. The more you consider what it really means, the more tragic it becomes.
Every 25 minutes a child enters the world having already been exposed to drugs. Every 25 minutes a newborn has to pay the price for something that he or she was defenseless against. Every 25 minutes another infant becomes a victim of the national opiate crisis.
These are the victims this bill will help protect. Federal policies, including the Child Abuse Prevention and Treatment Act, or CAPTA, have long supported State efforts to identify, assess, and treat children who are victims of abuse and neglect.
The law provides States with resources to improve their child protective services systems if they assure the Department of Health and Human Services that they have put in place certain child welfare policies, for example, requiring healthcare providers to notify child protective service agencies when a child is born with prenatal illegal substance exposure and requiring the development of something known as a safe care plan to keep these newborns and their caregivers healthy and safe.
Last year a Reuters investigation examined the care that infants receive when they are born to parents struggling with opiate addiction. The investigation detailed the heartbreaking consequences those infants had to endure, consequences like suffering through the physical pain of withdrawal and, in the most shocking cases, terrible deaths.
It is hard to imagine that stories like these could be any more tragic. Unfortunately, they are because they should have and, in many cases, could have been prevented. As Reuters revealed, HHS is providing Federal funds to States that do not have the necessary child welfare policies in place.
In short, the law is not being properly followed and enforced and some of our most vulnerable children and families are slipping through the cracks.
That is why Representative Clark and I worked with a number of our colleagues on both sides of the aisle and introduced the legislation before us today. The bill requires HHS to better ensure States are meeting their legal responsibilities when it comes to preventing and responding to child abuse and neglect.
Through a number of commonsense measures, it strengthens protections for infants born with illegal substance exposure, improves accountability related to the care of infants and their families, and ensures States will have the best practices for developing plans to keep infants and their caregivers healthy and safe.
As the House works this week to fight the opiate epidemic that is destroying communities and lives across the country, these are commonsense reforms that we all should embrace. By working together and advancing this legislation, we can help ensure these children, their mothers, and their families have the help they need and the care that they deserve.
I urge my colleagues to support this bipartisan legislation.
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Mr. BARLETTA. Mr. Speaker, in response to an inquiry from the Education and the Workforce Committee Chairman Kline and Chairman Rokita of the Subcommittee on Early Childhood, Elementary, and Secondary Education, HHS indicated that it would request additional information from States regarding their child protective services notification processes and plans of safe care policies. HHS has started this process.
I include in the Record the HHS Children's Bureau Program Instruction requesting this additional information. U.S. Department of Health and Human Services Administration on Children, Youth and Families
1. Log No: ACYF-CB-PI-16-03
2. Issuance Date: April 13, 2016
3. Originating Office: Children's Bureau
4. Key Words: Title IV-B Child and Family Services Plan; Annual Progress and Services Report; Child Abuse Prevention and Treatment Act State Plan; Chafee Foster Care Independence Program; Education and Training Vouchers Program PROGRAM INSTRUCTION
To: State Agencies, Territories, and Insular Areas Administering or Supervising the Administration of Title IV- B, subparts 1 and 2, and Title IV-E of the Social Security Act (the Act); Organization Designated by the Governor to Apply for Child Abuse and Neglect Prevention and Treatment Programs State Grant Funds; State Independent Living and Education and Training Voucher Coordinators.
Subject: June 30, 2016, submission of: (1) the second Annual Progress and Services Report (APSR) to the 2015-2019 Child and Family Services Plan (CFSP) for the Stephanie Tubbs Jones Child Welfare Services (CWS), the Promoting Safe and Stable Families (PSSF) and Monthly Caseworker Visit Grant programs; and the Chafee Foster Care Independence Program (CFCIP) and the Education and Training Vouchers (ETV) Program; (2) the Child Abuse Prevention and Treatment Act (CAPTA) State Plan update; and (3) the CFS-101, Part I, Annual Budget Request, Part II, Annual Summary of Child and Family Services, and Part III, Annual Expenditure Report- Title IV-B, subparts 1 and 2, CFCIP, and ETV.
Legal and Related References: Title IV-B, subparts 1 and 2, sections 421-425, 428, 430-438, and title IV-E, section 477 of the Act; sections 106 and 108 of CAPTA (42 U.S.C. 5106a. and 5106d.), as amended by Public Law (P.L.) 111-320, the CAPTA Reauthorization Act of 2010; the Indian Child Welfare Act. (ICWA) of 1978 (P.L. 95-608); the Indian Self- Determination and Education Assistance Act (P.L. 93-638); 45 CFR Parts 1355 and 1357; The Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351); the Patient Protection and Affordable Care Act (P.L. 111-148); the Child and Family Services Improvement and Innovation Act of 2011 (P.L. 112-34); the Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183); and the Justice for Victims of Trafficking Act of 2015 (P.L. 114-22).
Purpose: This Program Instruction (PI) provides guidance to states, territories, and insular areas (hereafter ``states,'' unless otherwise noted) on actions they are required to take to receive their allotments for federal fiscal year (FY) 2017 (subject to the availability of appropriations) authorized under title IV-B, subparts 1 and 2, section 106 of CAPTA, CFCIP and ETV programs.
This PI summarizes the actions required in completion and submission of (1) the second APSR to the 2015-2019 CFSP, (2) the CAPTA Update, and (3) the CFS-101, Parts I, II, and III.
A separate PI addresses requirements for tribes, tribal consortia, and tribal organizations applying for funding under these programs.
We note that the title IV-B programs (subparts 1 and 2) are required to be reauthorized periodically by the Congress. The Child and Family Services Improvement and Innovation Act, signed into law on September 30, 2011, last reauthorized funding for these programs for five years through FY 2016. The guidance provided in this PI assumes that the programs will be extended without significant changes. Should new legislation be enacted that would affect the steps that states must take to receive funding for FY 2017, additional guidance will be provided. INFORMATION: Organization of the Program Instruction
Section A. Background
Section B. Continued Integration of the Child and Family Services Review Process with the CFSP/APSR
Section C. Requirements for 2017 APSR (Due June 30, 2016)
Section D. CAPTA State Plan Requirements and Update
Section E. Chafee Foster Care Independence Program
Section F. Updates to Targeted Plans within the 2015-2019 CFSP
Section G. Statistical and Supporting Information
Section H. Financial Information
Section I. Instructions for the Submission of the 2017 APSR for States, Puerto Rico, and the District of Columbia
Section J. Submittal Rule for Insular Areas
Attachments Section D. Child Abuse Prevention and Treatment Act (CAPTA) State Plan Requirements and Update
States submitted a plan for the CAPTA State Grant on June 30, 2011. Once approved by CB, the CAPTA State Plan remains in effect for the duration of the state's participation in the CAPTA State Grant program. However, section 108(e) of CAPTA requires states receiving a CAPTA State Grant to submit an annual report describing its use of the grant. To facilitate coordination between the CAPTA State Plan and the title IV-B plan, as required by section 106(b)(2)(A) of CAPTA, CB requires that the annual report describing use of CAPTA funds be submitted with the APSR. In addition, CB encourages states to use CAPTA State Grant funds in a manner that aligns with and supports their overall goals for the delivery and improvement of child welfare services, as they continue to implement their 2015-2019 CFSP and APSR goals. In the State's 2017 Annual CAPTA Report
Describe substantive changes, if any, to state law or regulations, including laws and regulations relating to the prevention of child abuse and neglect, that could affect the state's eligibility for the CAPTA State Grant (section 106(b)(1)(C)(i) of CAPTA). The state must also include an explanation from the State Attorney General as to why the change would, or would not, affect eligibility. (Note: States do not have to notify ACF of statutory changes or submit them for review if they are not substantive and would not affect eligibility.)
Describe any significant changes from the state's previously approved CAPTA plan in how the state proposes to use funds to support the 14 program areas enumerated in section 106(a) of CAPTA. (See section 106(b)(1)(C)(ii) of CAPTA).
Describe how CAPTA State Grant funds were used, alone or in combination with other federal funds, in support of the state's approved CAPTA plan to meet the purposes of the program since the state submitted its last update on June 30, 2015 (section 108(e) of CAPTA).
Submit a copy of the annual report(s) from the citizen review panels and a copy of the state agency's most recent response(s) to the panels and state and local child protective services agencies, as required by section 106(c)(6) of CAPTA.
Update on Services to Substance-Exposed Newborns
In addition to the information outlined above, CB requests an update from states on implementation of CAPTA provisions relating to substance-exposed newborns. Sections 106(b)(2)(B)(ii) and (iii) of CAPTA require states to have a statewide program relating to child abuse and neglect that includes:
--policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born with and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition of such infants, except that such notification shall not be construed to--
I. establish a definition under Federal law of what constitutes child abuse or neglect; or
II. require prosecution for any illegal action.
--the development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms or Fetal Alcohol Spectrum Disorder.
The most recent national data on child abuse and neglect from the National Child Abuse and Neglect Data System (NCANDS) showed increases in FY 2014 compared to FY 2013 in the number of children referred to CPS, the number of children who received a CPS investigation or alternative response and the number of children who were determined to be victims of child abuse and neglect. While increases nationally were relatively small, some states saw increases of 15 percent or more in the number of children determined to be victims. Nationally, states reported to NCANDS that more than one-quarter (27.4%) of victims were younger than 3 years and that the victimization rate was highest for children younger than 1 year (24.4 per 1,000 children in the population of the same age).
State commentary and data on risk factors associated with reports of abuse and neglect indicate that caretaker alcohol and drug abuse are significant factors associated with reports of child abuse and neglect. For states reporting to NCANDS, 9.2 percent of victims and 3.8 percent of nonvictims were reported with the alcohol abuse caregiver risk factor and 26.0 percent of victims and 8.2 percent of nonvictims were reported with the drug abuse caregiver risk factor. Beyond reports to NCANDS, increasing public attention is being paid to the significant effect of opioid addiction on individuals, families and communities.
In light of these trends, states are requested to provide an update on their implementation of these provisions of CAPTA. In the 2017 CAPTA Annual Report
Describe the policies and procedures the state has in place to address the needs of infants born with and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition of such infants (section 106(b)(2)(B)(ii) of CAPTA). We note that such notification should occur in any instance in which an infant is demonstrating withdrawal symptoms due to prenatal drug exposure, whether the drugs were obtained legally or illegally.
Describe the state's policies and procedures for developing a plan of safe care for infants born and identified as being affected by illegal substance abuse or withdrawal symptoms or Fetal Alcohol Spectrum Disorder (section 106(b)(2)(B)(iii)). Describe which agency or entity is responsible for developing a plan of safe care, how it is monitored and how follow-up is conducted to ensure the safety of these infants.
Describe any technical assistance the state needs to improve practice and implementation in these areas, including how to support mothers and families, as well as infants, through a plan of safe care.
Amendments to CAPTA made by P.L. 114-22, the Justice for Victims of Trafficking Act of 2015:
As noted in Section A of this PI, the Justice for Victims of Trafficking Act of 2015 included amendments to CAPTA that become effective on May 29, 2017.
The law amended CAPTA's definition of ``child abuse and neglect'' and ``sexual abuse'' by adding a special rule that a child shall be considered a victim of `child abuse and neglect' and of `sexual abuse' if the child is identified, by a state or local agency employee of the state or locality involved, as being a victim of sex trafficking or severe forms of trafficking (as defined in sections 103(9)(A) and (10) of the Trafficking Victims Protection Act (TVPA)).
--As defined in section 103(10) of TVPA, ``sex trafficking'' means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.
--As defined in section 103(9)(A) of TVPA, ``severe forms of trafficking in persons'' means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.
The amendments also specify that, notwithstanding the general definition of a ``child'' in CAPTA, a state may opt to apply the sex trafficking portion of the definition of ``child abuse and neglect'' and ``sexual abuse'' to a person who has not attained age 24.
In addition to expanding the definitions of child abuse and neglect and sexual abuse applicable to the CAPTA State Grant, the law added new requirements to the list of assurances a state must provide to receive a CAPTA State Grant. Each state will now need to provide an assurance that the state has in effect and is operating a statewide program, relating to child abuse and neglect that includes:
--provisions and procedures regarding identifying and assessing all reports involving known or suspected child sex trafficking victims (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (TVPA) (22 U.S.C. 7102)); and
--provisions and procedures for training CPS workers about identifying, assessing and providing comprehensive services to children who are sex trafficking victims, including efforts to coordinate with state law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters.
Finally, the amendments add to the list of data elements a state must annually report, to the maximum extent practicable, as a condition of receiving their CAPTA State Grant. Beginning with submission of FY 2018 data, the CB expects to ask states to report the number of children who are victims of sex trafficking. The CB anticipates collecting this information through NCANDS. Additional information on NCANDS data reporting will be provided separately from this PI. In the 2017 CAPTA Annual Report
Describe the steps that the state is taking or will need to take to address the amendments to CAPTA relating to sex trafficking in order to implement those provisions by May 29, 2017.
Provide an assessment of the changes the state will need to make to its laws, policies or procedures to ensure that victims of sex trafficking, as defined in sections 103(9)(A) and (10) of the TVPA, are considered victims of child abuse and neglect and sexual abuse. We note that it is likely that some states will need to make changes to state laws to come into compliance. Indicate whether the state is electing to apply the sex trafficking portion of the definition of ``child abuse and neglect'' and ``sexual abuse'' to persons who are over age 18 but have not yet attained age 24.
Provide an update on the state's progress and planned activities in the coming year to develop provisions and procedures regarding identifying and assessing all reports involving known or suspected child sex trafficking victims.
Provide an update on the state's progress and planned activities in the coming year to develop provisions and procedures for training CPS workers about identifying, assessing and providing comprehensive services to children who are sex trafficking victims, including efforts to coordinate with state law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters.
In addition, no later than May 29, 2017, states must submit the new CAPTA assurances relating to sex trafficking. These assurances are to be provided in the form of a certification signed by the State's Governor (see Attachment F). The signed assurance may be returned with the 2017 CAPTA Annual Report submitted with the APSR due June 30, 2016, if the state is ready to submit them by that time. If not, the state may submit the certification at a later date, but no later than May 29, 2017.
If the state anticipates it will be unable to submit these assurances by May 29, 2017, provide an explanation as to why that is the case.
Identify any technical assistance needs the state has identified relating to implementation of the amendments to CAPTA made by the Justice for Victims of Trafficking Act of 2015.
States must include all required information indicated above in their 2017 CAPTA Annual Report to be submitted as part of the 2017 APSR. Missing or incomplete information will result in the withholding of CAPTA funds until such time as approval can be granted by CB. Please note that compliance with the eligibility requirements for a CAPTA State Grant program is a prerequisite for eligibility to receive finding under the Children's Justice Act State Grant Program, authorized by section 107(a) of CAPTA.
Finally, to facilitate ongoing communication between CB and states on issues relating to CAPTA and child abuse and neglect, please submit the name, address, and email for the state CAPTA coordinator (also known as the State Liaison Officer) or where this information can be found on the state's website.
In closing, I reiterate the purpose and the importance of this legislation. No government, Federal or State, should be allowed to skirt its responsibilities on the taxpayers' dime, especially when those responsibilities involve the health and safety of children. We have seen what can happen when they do, and none of us should be okay with allowing those kinds of consequences to continue. Making sure they don't is a responsibility that we all share.
In the end, this bill is not about pointing fingers or about placing blame. It is about the kids who need help, not only the infants who are affected by the opioid crisis, but all of the victims of child abuse and neglect. This bill is about ensuring that we work together to strengthen the protections for our country's most vulnerable children and their families.
I urge my colleagues to support this legislation.
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Mr. BARLETTA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
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