S 982 — Speak Up to Protect Every Abused Kid Act

Summary

Speak Up to Protect Every Abused Kid Act This bill amends the Child Abuse Prevention and Treatment Act to direct the Department of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. A state plan under a grant program for child abuse or neglect prevention and treatment shall contain specified assurances about: mandatory reporting of suspected or known incidents of child abuse or neglect to state child protective services agencies or law enforcement agencies; procedures to ensure coordination with law enforcement and state or community-based victims' services agencies to ensure that child abuse victims are referred for appropriate follow-up services; primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect for an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state; and established state procedures to screen for domestic violence in the course of investigating child abuse. The bill specifies those individuals and professionals who are required to report suspected or known incidents of child abuse or neglect. HHS shall collect information on state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of the Child Abuse Prevention and Treatment Act.

Bill Text

• Introduced Introduced in Senate Current html April 27, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to require states to implement mandatory reporting laws for suspected or known incidents of child abuse or neglect.

• 42 U.S.C. 5106a(b)(2)

  (B) an assurance → (B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes--

  This change requires states to certify they have a law or program for mandatory reporting of child abuse or neglect.

• 42 U.S.C. 5106a(b)(2)

  (H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims' services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such acts were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program;

  The addition ensures coordination between mandatory reporting laws and services for victims of child abuse by non-parental perpetrators.

• 42 U.S.C. 5106a(b)(2)

  (I) an assurance that the State will--

  This change ensures states take primary responsibility for investigating child abuse reports, regardless of the child's or alleged perpetrator's residence.

• 42 U.S.C. 5106a(b)(2)

  (J) an assurance that the State has established procedures to screen for domestic violence in the course of investigating child abuse and that such procedures--

  This requirement mandates that states develop procedures to identify domestic violence during child abuse investigations.

• 42 U.S.C. 5106a(b)(5)

  Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect:

  This establishes a clear list of mandated reporters, including various professionals and individuals involved with children.

• 42 U.S.C. 5106c(b)(4)

  (C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law;

  This change incorporates training for mandated reporters into grant eligibility requirements.

• 42 U.S.C. 5106c(d)(3)

  evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.

  This requirement mandates evaluation of training efforts for mandatory reporters by the states.

• 42 U.S.C. 5106c(e)(1)

  (D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.

  This addition encourages states to explore new methods to enhance reporting and responses to child abuse.

• 42 U.S.C. 5106d

  (f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).

  This adds a mandatory reporting assurance as a condition for states to receive federal funding for child protective services.

Action History

1. April 27, 2017

   Introduced in Senate

2. April 27, 2017

   Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

• Casey, Robert P., Jr. · Primary

Subjects