,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #cjbd  ,,in ,,the ,,house ,,of  
,,representatives  ,june #bb1 #bjag,mr4 
,schiff introduced the following bill2  
which was referred to the ,committee on 
,education and the ,workforce  ,a ,,bill
  ,to require certain standards and     
enforcement provisions to prevent child 
abuse and neglect in residential        
programs1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,stop ,child ,abuse in ,residential 
,programs for ,teens ,act of #bjag4  #b4
 ,definitions ,in this ,act3  7#a7      
,child ,the term child means an         
individual who has not attained the age 
of #ah4  7#b7 ,child abuse and neglect  
,the term child abuse and neglect has   
the meaning given such term in section  
#c of the ,child ,abuse ,prevention and 
,treatment ,act 7#db ,u4,s4,c4 #eaja    
note74  7#c7 ,covered program  7,a7 ,in 
general ,the term covered program means 
each facility of a program operated by a
 public or private entity that1 with    

respect to one or more children who are 
unrelated to the owner or operator of   
the program1 purports to provide        
treatment or modify behaviors in a      
residential environment1 such as--  7i7 
a program with a wilderness or outdoor  
experience1 expedition1 or intervention2
  7ii7 a boot camp experience or other  
experience designed to simulate         
characteristics of basic military       
training or correctional regimes2  7iii7
 a therapeutic boarding school2 or  7iv7
 a behavioral modification program4     
7,b7 ,exclusion ,the term covered       
program does not include-- 7i7 a        
hospital licensed by the ,state2 or     
7ii7 a foster family home that provides 
#bd-;hour substitute care for children  
placed away from their parents or       
guardians and for whom the ,state child 
welfare services agency has placement   
and care responsibility and that is     
licensed and regulated by the ,state as 
a foster family home4  7#d7 ,mechanical 
restraint ,the term mechanical restraint

 has the meaning given the term in      
section #eie7;d77#a7 of the ,public     
,health ,service ,act 7#db ,u4,s4,c4    
#bij;jj7d77#a774  7#e7 ,physical        
restraint ,the term physical restraint  
means a personal restriction that       
immobilizes or reduces the ability of an
 individual to move the individual's    
arms1 legs1 torso1 or head freely1      
except that such term does not include  
voluntary physical escort 7as such term 
is defined in section #eie7;d77#b7 of   
the ,public ,health ,service ,act 7#db  
,u4,s4,c4 #bij;jj7d77#b7774  7#f7       
,protection and ,advocacy ,system ,the  
term protection and advocacy system     
means a system established by a ,state  
under section #adc of the ,developmental
 ,disabilities ,assistance and ,bill of 
,rights ,act of #bjjj 7#db ,u4,s4,c4    
#aejdc74  7#g7 ,seclusion ,the term     
seclusion means the involuntary         
confinement of a child alone in a room  
or area from which the child is         
physically prevented from leaving4  7#h7

 ,secretary ,the term ,secretary means  
the ,secretary of ,health and ,human    
,services4  7#i7 ,state ,the term ,state
 has the meaning given such term in     
section #c of the ,child ,abuse         
,prevention and ,treatment ,act 7#db    
,u4,s4,c4 #eaja note74  #c4 ,standards  
and enforcement  7a7 ,minimum standards 
7#a7 ,in general ,not later than #ahj   
days after the date of the enactment of 
this ,act1 the ,secretary shall require 
each covered program1 in order to       
provide for the basic health and safety 
of children at such a program1 to meet  
the following minimum standards3  7,a7  
,prohibition on child abuse and neglect 
,child abuse and neglect shall be       
prohibited4  7,b7 ,prohibition on       
certain disciplinary techniques         
,disciplinary techniques or other       
practices that involve the withholding  
of essential food1 water1 clothing1     
shelter1 or medical care necessary to   
maintain physical health1 mental health1
 and general safety1 shall be           

prohibited4  7,c7 ,prohibition on       
physical or mental abuse ,acts of       
physical or mental abuse designed to    
humiliate1 degrade1 or undermine a      
child's self-respect shall be           
prohibited4  7,d7 ,limitation on        
restraints and seclusion  7i7 ,the use  
of seclusion1 mechanical restraints1 and
 physical restraints that impair        
breathing or communication is           
prohibited4  7ii7 ,physical restraints  
other than the restraints described in  
clause 7i7 may be used 7if not          
contraindicated7 only in emergency      
situations in which a child presents an 
imminent danger of harm to self or      
others and only after less restrictive  
interventions have been determined to be
 ineffective4  7,e7 ,access to          
communications ,each child at such a    
program shall have reasonable access to 
a telephone1 and be informed of their   
right to such access to maintain        
frequent contact1 including making and  
receiving scheduled and unscheduled     

calls1 unrestricted written             
correspondence1 and electronic          
communications with as much privacy as  
possible1 and shall have access to      
existing and appropriate national1      
,state1 and local child abuse reporting 
hotline numbers4  7,f7 ,staff-to-,child 
ratio ,an appropriate ratio of medical1 
clinical1 and line staff to children1 as
 determined by the ,secretary1 to ensure
 child safety and the efficacy of       
treatment4  7,g7 ,senior management ,not
 less than one full-time licensed       
clinician or mental health practitioner1
 as defined by ,state law1 shall be     
employed as a senior manager of such a  
program4  7,h7 ,licensed clinician ,not 
less than one licensed clinician1 as    
defined by ,state law1 shall be present 
at all times at such a program4  7,i7   
,program ,policies ,policies to         
require-- 7i7 parents or legal guardians
 of a child attending such a program to 
notify1 in writing1 such program of any 
medication the child is taking2  7ii7 a 

licensed full-time clinician-- 7,i7 to  
obtain consent from the parents or legal
 guardians of the child to make any     
change to the child's medical treatment1
 except in the case of an emergency2    
7,,ii7 in the case of an emergency1 to  
notify the parents or guardians within  
#bd hours after any change to the       
child's medical treatment and the reason
 for such change2 and  7,,iii7 to notify
 the parents or guardians within #bd    
hours after any changes to the child's  
prescribed medication or any missed     
dosage of prescribed medication1 and the
 reason for such change or occurrence2  
and  7iii7 the covered program to notify
 parents or legal guardians of a child  
of any changes to their treating        
provider team within #dh hours4  7,j7   
,notification procedures ,procedures for
 notifying immediately1 to the maximum  
extent practicable1 but not later than  
within #f hours1 parents or legal       
guardians with children at such a       
program and the appropriate protection  

and advocacy system of any--  7i7       
on-site investigation of a report of    
child abuse and neglect2  7ii7 violation
 of the health and safety standards     
described in this paragraph2 and  7iii7 
violation of ,state licensing           
requirements4  7,k7 ,staff disclosures  
,full disclosure1 in writing1 of staff  
qualifications and their roles and      
responsibilities at such a program1     
including any medical1 emergency        
response1 and mental health training    
received by such staff1 shall be given  
to parents or legal guardians of        
children at such a program4  7,l7       
,disclosure of right of action ,full    
disclosure1 in writing1 of the private  
right of action established under       
subsection 7b77#c7 of this ,act1 shall  
be given to parents or legal guardians  
of children at such a program4  7,m7    
,child abuse response training ,each    
staff member1 including volunteers1 at  
such a program shall be required1 as a  
condition of employment1 to become      

trained in what constitutes child abuse 
and neglect1 ,state law relating to     
mandated reporters1 and procedures for  
reporting child abuse and neglect in the
 ,state in which such a program is      
located1 and information on existing and
 appropriate national1 ,state1 and local
 child abuse reporting hotline numbers4 
7,n7 ,medical response training ,each   
staff member1 including volunteers1 at  
such a program shall be required1 as a  
condition of employment1 to become      
trained in recognizing the signs1       
symptoms1 and appropriate responses     
associated with common medical          
emergencies and mental health crisis1   
including suicide and worsening symptoms
 of mental illness4  7,o7 ,criminal     
history check  7i7 ,each staff member1  
including volunteers1 shall be required1
 as a condition of employment1 to submit
 to a criminal history check1 including 
a name-based search of the ,national    
,sex ,offender ,registry established    
pursuant to the ,adam ,walsh ,child     

,protection and ,safety ,act of #bjjf   
7#db ,u4,s4,c4 #afija et seq471 a search
 of the ,state criminal registry or     
repository in the ,state in which the   
covered program is operating1 and a     
,federal ,bureau of ,investigation      
fingerprint check4 ,an individual shall 
be ineligible to serve in a position    
with any contact with children at a     
covered program if any such record check
 reveals a violent felony conviction    
that1 by virtue of its nature1 proximity
 in time1 or other factor1 presents a   
direct increase to a child's risk of    
harm in the program as determined by the
 ,secretary4  7ii7 ,the covered program 
shall provide an independent process by 
which an applicant or staff member who  
is determined to be ineligible as a     
result of a criminal history check under
 clause 7i7 shall have the right--  7,i7
 to obtain a copy of the report         
resulting from the check2 and  7,,ii7   
within #aj business days after receipt  
of the report1 to appeal1 in order to   

dispute the accuracy of the information 
obtained through the check4  7,p7       
,informational materials ,full          
disclosure1 in writing on promotional   
and informational materials produced by 
such a program1 shall be given to       
parents or legal guardians of children  
at such a program1 which shall include--
  7i7 the name and location of a covered
 program1 including the names of any    
owners and operators2  7ii7 the numbers 
and percentages of children who         
terminated participation prior to       
completion of that program in the past  
#e years1 including discharges against  
medical advice2  7iii7 any past         
violations of the standards under this  
paragraph and any penalties levied      
against the program as a result of such 
violations2  7iv7 its most updated      
status with ,state licensing            
requirements2  7v7 the number of deaths 
that occurred in that program for up to 
a period of #aj years1 including the    
cause of each death2  7vi7 the names of 

owners and operators that have violated 
,state licensing requirements2  7vii7   
information on evidence-based or        
promising practices employed as         
treatment of a covered program1         
including information to aid parents in 
finding community-based resources2 and  
7viii7 any national1 ,state1 and local  
telephone hotline numbers made available
 to children and staff to report        
complaints of abuse and violations4     
7,q7 ,treatment and discharge plans     
,covered programs shall work with the   
parent or legal guardian and the child's
 community providers in the development1
 modification1 and implementation of    
treatment and discharge plans1 including
 a plan for community reintegration and 
linkage to community-based providers and
 supports4  7,r7 ,prohibition on        
discrimination ,ensure that no person   
shall1 on the basis of actual or        
perceived race1 color1 religion1        
national origin1 sex1 gender identity1  
sexual orientation1 or disability1 be   

subjected to discrimination under any   
program or activity1 in whole or in     
part1 covered by this ,act4  7,s7       
,evidence-based practices ,ensure that  
covered programs employ safe1           
evidence-based practices1 and that      
children are protected against harmful  
or fraudulent practices including       
isolation and restraints4  7,t7 ,other  
standards ,any other standards the      
,secretary determines appropriate to    
provide for the basic health and safety 
of children at such a program4  7#b7    
,regulations  7,a7 ,interim regulations 
,not later than #ahj days after the date
 of the enactment of this ,act1 the     
,secretary shall promulgate and enforce 
interim regulations to carry out        
paragraph 7#a74  7,b7 ,public comment   
,the ,secretary shall1 for a #ij-;day   
period beginning on the date of the     
promulgation of interim regulations     
under subparagraph 7,a7 of this         
paragraph1 solicit and accept public    
comment concerning such regulations4    

,such public comment shall be submitted 
in written form4  7,c7 ,final           
regulations ,not later than #ij days    
after the conclusion of the #ij-;day    
period referred to in subparagraph 7,b7 
of this paragraph1 the ,secretary shall 
promulgate and enforce final regulations
 to carry out paragraph 7#a74  7b7      
,monitoring and enforcement  7#a7       
,review process ,not later than #ahj    
days after the date of the enactment of 
this ,act1 the ,secretary shall         
implement a review process for          
overseeing1 investigating1 and          
evaluating reports of child abuse and   
neglect at covered programs received by 
the ,secretary from the appropriate     
,state1 in accordance with section      
#aae7;b77#c7 of the ,child ,abuse       
,prevention and ,treatment ,act1 as     
added by section #g of this ,act4 ,such 
review process shall--  7,a7 include an 
investigation to determine if a         
violation of the standards required     
under subsection 7a77#a7 has occurred2  

and  7,b7 include consultation and      
collaboration with relevant ,federal and
 ,state agencies4  7#b7 ,civil penalties
 ,not later than #ahj days after the    
date of the enactment of this ,act1 the 
,secretary shall promulgate regulations 
establishing civil penalties for        
violations of the standards required    
under subsection 7a77#a74 ,the          
regulations establishing such penalties 
shall incorporate the following3  7,a7  
,amount ,any owner or operator of a     
covered program at which the ,secretary 
has found a violation of the standards  
required under subsection 7a77#a7 may be
 assessed a civil penalty not to exceed 
#ej1jjj per violation4  7,b7 ,deposit to
 ,treasury ,all penalties collected     
under this subsection shall be deposited
 in the appropriate account of the      
,treasury of the ,united ,states4  7#c7 
,private right of action ,any person who
 suffers injury by reason of a violation
 of this section may maintain a civil   
action against the violator to obtain   

appropriate compensatory damages and    
injunctive relief or other equitable    
relief4  7c7 ,action ,the ,secretary    
shall establish a process to assist     
,states in the oversight and enforcement
 of this ,act1 which shall include--    
7#a7 assisting ,states in implementing  
oversight mechanisms to ensure          
compliance with the standards under     
subsection 7a77#a72  7#b7 maintaining   
oversight of covered programs in cases  
in which a ,state has not established   
mechanisms sufficient to ensure         
compliance with the standards under     
subsection 7a77#a7 within #c years after
 the date of the enactment of this ,act2
 and  7#c7 encouraging the use of local1
 ,state1 or national hotline numbers for
 the reporting of child abuse and any   
other resources the ,secretary          
determines to be appropriate4  #d4      
,enforcement by the ,attorney ,general  
,if the ,secretary determines that a    
violation of section 7#c77;a77#a7 has   
not been remedied through the           

enforcement process described in        
subsection 7b77#b7 of such section1 the 
,secretary shall refer such violation to
 the ,attorney ,general for appropriate 
action4 ,regardless of whether such a   
referral has been made1 the ,attorney   
,general may1 sua sponte1 file a        
complaint in any court of competent     
jurisdiction seeking equitable relief or
 any other relief authorized by this    
,act for such violation4  #e4 ,report   
,not later than #a year after the date  
of the enactment of this ,act and       
annually thereafter1 the ,secretary of  
,health and ,human ,services1 in        
coordination with the ,attorney ,general
 shall submit to the ,committee on      
,education and ,labor of the ,house of  
,representatives and the ,committee on  
,health1 ,education1 ,labor1 and        
,pensions of the ,senate1 a report on   
the activities carried out by the       
,secretary and the ,attorney ,general1  
as authorized and mandated under this   
,act4  #f4 ,authorization of            

appropriations ,there are authorized to 
be appropriated to the ,secretary of    
,health and ,human ,services #e1jjj1jjj 
for each of fiscal years #bjah through  
#bjbb to carry out this ,act 7excluding 
the amendment made by section #g of this
 ,act74  #g4 ,additional eligibility    
requirements for grants to ,states to   
prevent child abuse and neglect at      
residential programs  7a7 ,in general   
,title ,i of the ,child ,abuse          
,prevention and ,treatment ,act 7#db    
,u4,s4,c4 #eaja et seq47 is amended by  
adding at the end the following new     
section3  #aae4 ,additional eligibility 
requirements for grants to ,states to   
prevent child abuse and neglect at      
residential programs  7a7 ,definitions  
,in this section3 7#a7 ,child ,the term 
child means an individual who has not   
attained the age of #ah4  7#b7 ,covered 
program  7,a7 ,in general ,the term     
covered program means each facility of a
 program operated by a public or private
 entity that1 with respect to one or    

more children who are unrelated to the  
owner or operator of the program1       
purports to provide treatment or modify 
behaviors in a residential environment1 
such as--  7i7 a program with a         
wilderness or outdoor experience1       
expedition1 or intervention2  7ii7 a    
boot camp experience or other experience
 designed to simulate characteristics of
 basic military training or correctional
 regimes2  7iii7 a therapeutic boarding 
school2 or  7iv7 a behavioral           
modification program4  7,b7 ,exclusion  
,the term covered program does not      
include-- 7i7 a hospital licensed by the
 ,state2 or  7ii7 a foster family home  
that provides #bd-;hour substitute care 
for children placed away from their     
parents or guardians and for whom the   
,state child welfare services agency has
 placement and care responsibility and  
that is licensed and regulated by the   
,state as a foster family home4  7b7    
,eligibility requirements ,to be        
eligible to receive a grant under       

section #ajf1 a ,state shall-- 7#a7 not 
later than #c years after the date of   
the enactment of this section1 develop  
policies and procedures to prevent child
 abuse and neglect at covered programs  
operating in such ,state1 including     
standards that meet or exceed the       
standards required under section        
#c7;a77#a7 of the ,stop ,child ,abuse in
 ,residential ,programs for ,teens ,act 
of #bjag2  7#b7 provide a private right 
of action under ,state law for any      
person who suffers injury by reason of a
 violation of the standards required    
under paragraph 7#a72  7#c7 develop     
policies and procedures to enforce      
compliance with the requirements        
developed in accordance with paragraph  
7#a71 including--  7,a7 establishing and
 monitoring health and safety licensing 
requirements applicable to and necessary
 for the operation of each location of  
such covered programs in the ,state2 and
  7,b7 conducting unannounced site      
inspections at each location of a       

covered program2  7#d7 develop policies 
and procedures for timely notification  
to the ,secretary and the appropriate   
protection and advocacy system if--     
7,a7 the ,state determines there is     
evidence of a pattern of violations of  
the standards required under paragraph  
7#a7 at a covered program operating in  
the ,state or by an owner or operator of
 such a program2 or  7,b7 there is a    
child fatality at a covered program     
operating in the ,state2 and  7#e7      
annually submit to the ,secretary a     
report that includes all covered        
programs within their jurisdiction1     
including any violations by each program
 or any information deemed by the       
,secretary to be necessary for          
enforcement of this ,act4  7c7          
,oversight ,if the ,secretary determines
 that the ,state is not satisfying the  
requirements of this subsection not     
later than #c years after the date of   
the enactment of this section1 the      
,secretary shall provide assistance to  

the ,state to satisfy such requirements 
or withhold funding until such policies 
and procedures are established4  4  7b7 
,authorization of ,appropriations       
,section #aab7;a77#a7 of the ,child     
,abuse ,prevention and ,treatment ,act  
7#db ,u4,s4,c4 #eajf;h7a77#a77 is       
amended by striking #abj1jjj1jjj and all
 that follows through the period and    
inserting #bjj1jjj1jjj for each of      
fiscal years #bjah through #bjbb44  7c7 
,conforming amendments  7#a7            
,coordination with available resources  
,section #ajc7;c77#a77;,d7 of the ,child
 ,abuse ,prevention and ,treatment ,act 
7#db ,u4,s4,c4 #eajd7;c77#a77;,d77 is   
amended by inserting after specific the 
following3 7including reports of child  
abuse and neglect occurring at covered  
programs 7except that such reports shall
 not contain any personally identifiable
 information relating to the identity of
 individuals who were the victims of    
such child abuse and neglect71 as such  
term is defined in section #aae74  7#b7 

,further requirement ,section           
#ajf7;b77#a7 of the ,child ,abuse       
,prevention and ,treatment ,act 7#db    
,u4,s4,c4 #eajf;a7b77#a77 is amended by 
adding at the end the following new     
subparagraph3  7,d7 ,further requirement
 ,to be eligible to receive a grant     
under this section1 a ,state shall      
comply with the requirements under      
section #aae7;b7 and shall include in   
the ,state plan submitted pursuant to   
subparagraph 7,a7 a description of the  
activities the ,state will carry out to 
comply with such requirements4  4  7#c7 
,annual state data reports ,section     
#ajf7;d7 of the ,child ,abuse           
,prevention and ,treatment ,act 7#db    
,u4,s4,c4 #eajf;a7d77 is amended-- 7,a7 
in paragraph 7#a71 by inserting before  
the period at the end the following3    
7including reports of child abuse and   
neglect occurring at covered programs   
7except that such reports shall not     
contain any personally identifiable     
information relating to the identity of 

individuals who were the victims of such
 child abuse and neglect71 as such term 
is defined in section #aae72 and  7,b7  
in paragraph 7#f71 by inserting before  
the period at the end the following3 or 
who were in the care of a covered       
program1 as such term is defined in     
section #aae4  7d7 ,clerical amendment  
,section #a7;b7 of the ,child ,abuse    
,prevention and ,treatment ,act 7#db    
,u4,s4,c4 #eaja note7 is amended by     
inserting after the item relating to    
section #aad the following new item3    
,sec4 #aae4 ,additional eligibility     
requirements for grants to ,states to   
prevent child abuse and neglect at      
residential programs4  4