Public Law 111-320 111th Congress An Act To amend the Child Abuse Prevention and Treatment Act, the Family Violence 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 "CAPTA Reauthorization Act of 2010". TITLE I-CHILD ABUSE PREVENTION SEC. 101. FINDINGS. Section 2 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended (1) by striking paragraph (1) and inserting the following: "(1) in fiscal year 2008, approximately 772,000 children were found by States to be victims of child abuse and neglect;"; (2) in paragraph (2)— (A) in subparagraph (A), by inserting "and close to 3 of all child maltreatment-related fatalities in fiscal year 2008 were attributed to neglect alone" after "maltreatment"; and (B) in subparagraph (B)— (i) by striking "60 percent" and inserting "71 per cent"; (ii) by striking "2001" and inserting "fiscal year 2008"; (iii) by striking "19 percent" and inserting "16 percent"; (iv) by striking "10 percent" and inserting "9 percent"; and (v) by striking "and 7 percent suffered emotional maltreatment" and inserting ", 7 percent suffered psychological maltreatment, 2 percent experienced medical neglect, and 9 percent were victims of other forms of maltreatment"; (3) in paragraph (3)— (A) in subparagraph (A) by inserting "or neglect" after "abuse"; Dec. 20, 2010 [S. 3817] САРТА (B) in subparagraph (B), by striking "2001, an estimated 1,300" and inserting "fiscal year 2008, an estimated 1,740"; and (C) in subparagraph (C)— (i) by inserting "in fiscal year 2008," after "(C)”; (ii) by striking "41 percent" and inserting "45 percent"; (iii) by striking "85 percent" and inserting "72 percent"; (iv) by striking "6 years" and inserting "4 years"; and (v) by striking "abuse" each place it appears and inserting "maltreatment"; (4) in paragraph (4)(B), by striking “slightly” and all that follows and inserting "approximately 37 percent of victims of child abuse did not receive post-investigation services in fiscal year 2008;"; (5) by redesignating paragraphs (5) through (13) as paragraphs (6) through (11) and (13) through (15), respectively; (6) by inserting after paragraph (4) of this section the following: "(5) African-American children, American Indian children, Alaska Native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect;"; (7) in paragraph (6), as redesignated by paragraph (5) of this section (A) in subparagraph (A), by inserting "domestic violence services," after "mental health,”; and (B) by amending subparagraph (E) to read as follows: "(E) recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may impact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect;"; (8) by inserting after paragraph (11), as redesignated by paragraph (5) of this section, the following: "(12) because both child maltreatment and domestic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention procedures aimed at enhancing the safety both of children and victims of domestic violence;"; (9) in paragraphs (14) and (15), as redesignated by paragraph (5) of this section, by striking "Federal government" and inserting "Federal Government"; and (10) in paragraph (14), as redesignated by paragraph (5) of this section, by inserting "and" at the end. Subtitle A-General Program SEC. 111. ADVISORY BOARD. Section 102 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102) is amended (1) in subsection (c)— (A) in paragraph (4), by striking "medicine (including pediatrics)" and inserting "health care providers (including pediatricians)"; (B) in paragraph (12), by striking "and"; (C) in paragraph (13), by striking the period and inserting "; and"; and (D) by adding at the end the following: "(14) Indian tribes or tribal organizations."; and (2) in subsection (f)— (A) in paragraph (1), by inserting "tribal," after "State,” each place such term appears; and (B) in paragraph (2)— (i) by striking "abuse or neglect which" and inserting "child abuse or neglect which"; and (ii) by striking "Federal and State" and inserting "Federal, State, and tribal". SEC. 112. NATIONAL CLEARINGHOUSE. Section 103 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104) is amended (1) in subsection (a), by inserting "and neglect" before the period; (2) in subsection (b)— (A) by redesignating paragraphs (2) through (5) as paragraphs (4) through (7), respectively; (B) by striking paragraph (1) and inserting the following: "(1) maintain, coordinate, and disseminate information on effective programs, including private and community-based programs, that have demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect and hold the potential for broad-scale implementation and replication; “(2) maintain, coordinate, and disseminate information on the medical diagnosis and treatment of child abuse and neglect; “(3) maintain and disseminate information on best practices relating to differential response;"; (C) in paragraph (4), as redesignated by subparagraph (A) of this paragraph, by inserting "and disseminate" after "maintain"; (D) in paragraph (5), as redesignated by subparagraph (A) of this paragraph (i) in subparagraph (B), by inserting "(42 U.S.C. 5105 note)" before the semicolon; and (ii) in subparagraph (C), by striking "alcohol or drug" and inserting "substance"; (E) in subparagraph (C) of paragraph (6), as redesignated by subparagraph (A) of this paragraph, by striking "and" at the end; (F) in subparagraph (B) of paragraph (7), as redesignated by subparagraph (A) of this paragraph, by striking "and child welfare personnel." and inserting "child welfare, substance abuse treatment services, and domestic violence services personnel; and"; and (G) by adding at the end the following: "(8) collect and disseminate information, in conjunction with the National Resource Centers authorized in section 310(b) of the Family Violence Prevention and Services Act, on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services."; and (3) in subsection (c)(1)— (A) by striking subparagraph (B) and inserting the following: "(B) consult with the head of each agency involved with child abuse and neglect on the development of the components for information collection and management of such clearinghouse and on the mechanisms for the sharing of such information with other Federal agencies and clearinghouses;"; (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting "tribal," after "State,"; and (ii) in clause (i), by striking "and" at the end; (iii) by adding at the end the following: "(iii) information about the incidence and characteristics of child abuse and neglect in circumstances in which domestic violence is present; and "(iv) information about the incidence and characteristics of child abuse and neglect in cases related to substance abuse;"; and (C) in subparagraph (F), by striking "abused or neglected children" and inserting "victims of child abuse or neglect". SEC. 113. RESEARCH AND ASSISTANCE ACTIVITIES. (a) RESEARCH.-Section 104(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(a)) is amended (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking "from abuse or neglect and to improve the wellbeing of abused or neglected children" and inserting "from child abuse or neglect and to improve the well-being of victims of child abuse or neglect"; (B) in subparagraph (B), by striking "abuse and neglect on" and inserting "child abuse and neglect on"; (C) by redesignating subparagraphs (C), (D), (E), (F), (G), (H), and (I), as subparagraphs (D), (E), (F), (H), (J), (N), and (O), respectively; (D) by inserting after subparagraph (B) the following: "(C) effective approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or neglect with their parents or primary caregivers in circumstances where reunification is appropriate;"; (E) in subparagraph (D), as redesignated by subparagraph (C) of this paragraph, by inserting "and neglect" before the semicolon; (F) in subparagraph (E), as redesignated by subparagraph (C) of this paragraph (i) by inserting ", including best practices to meet the needs of special populations," after "best practices"; and (ii) by striking “(12)” and inserting "(14)"; (G) by inserting after subparagraph (F), as redesignated by subparagraph (C) of this paragraph, the following: "(G) effective practices and programs to improve activities such as identification, screening, medical diagnosis, forensic diagnosis, health evaluations, and services, including activities that promote collaboration between"(i) the child protective service system; and "(ii)(I) the medical community, including providers of mental health and developmental disability services; and "(II) providers of early childhood intervention services and special education for children who have been victims of child abuse or neglect;"; (H) by inserting after subparagraph (H), as redesignated by subparagraph (C) of this paragraph, the following: "(I) effective collaborations, between the child protective system and domestic violence service providers, that provide for the safety of children exposed to domestic violence and their nonabusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families;"; (I) in subparagraph (J), as redesignated by subparagraph (C) of this paragraph, by striking "low income" and inserting "low-income"; (J) by inserting after subparagraph (J), as redesignated by subparagraph (C) of this paragraph, the following: "(K) the impact of child abuse and neglect on the incidence and progression of disabilities; "(L) the nature and scope of effective practices relating to differential response, including an analysis of best practices conducted by the States; “(M) child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawaiians, including providing recommendations for improving the collection of child abuse and neglect data from Indian tribes and Native Hawaiian communities;"; (K) in subparagraph (N), as redesignated by subparagraph (C) of this paragraph, by striking "clauses (i) through (xi) of subparagraph (H)" and inserting "clauses (i) through (x) of subparagraph (O)"; and (L) in subparagraph (O), as redesignated by subparagraph (C) of this paragraph (i) in clauses (i) and (ii), by inserting "and neglect" after "abuse"; (ii) in clause (v), by striking "child abuse have" and inserting "child abuse and neglect have”; (iii) by striking "and" at the end of clause (ix); (iv) by redesignating clause (x) as clause (xi); (v) by inserting after clause (ix), the following: "(x) the extent to which reports of suspected or known instances of child abuse or neglect involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, are being screened out solely on the basis of the crossjurisdictional complications; and"; and |