,,ii #aaeth ,,congress #ast ,session ,s4 #ihb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjag,mr4 ,casey introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,child ,abuse ,prevention and ,treatment ,act to require mandatory reporting of incidents of child abuse or neglect1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,speak ,up to ,protect ,every ,abused ,kid ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 children are dependent on the adults in their lives1 including parents1 extended family1 teachers1 health care providers1 and others in their community1 to ensure their safety and well-being2 7#b7 data from the ,administration on ,children and ,families for #bjac indicate that #fgh1icb children in the ,united ,states were reported as being victims of child abuse or neglect1 and #a1dhd of those children died as a result of such abuse or neglect2 7#c7 regardless of whether an adult is legally required to report child abuse and neglect1 every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities2 and 7#d7 establishing a ,federal standard for the classes of individuals that ,state law establishes as mandated reporters will protect children and ensure greater consistency among the laws of ,states1 while allowing ,states the flexibility to establish additional classes of individuals as mandated reporters4 #c4 ,educational campaigns and training ,the ,child ,abuse ,prevention and ,treatment ,act is amended by inserting after section #ajc 7#db ,u4,s4,c4 #eajd7 the following3 #ajc;,a4 ,educational campaigns and training 7a7 ,in general ,the ,secretary shall 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 neglect4 7b7 ,guidance and information on best practices ,the ,secretary shall develop and disseminate guidance and information on best practices for-- 7#a7 educational campaigns to educate members of the public about-- 7,a7 the acts and omissions that constitute child abuse or neglect under ,state law2 7,b7 the responsibilities of adults to report suspected and known incidents of child abuse or neglect under ,state law2 and 7,c7 the resources available to struggling families to help prevent child abuse and neglect2 and 7#b7 evidence-based or evidence-informed training programs to improve such reporting by adults1 with a focus on adults who work with children in a professional or volunteer capacity4 7c7 ,applications ,to be eligible to receive a grant under this section1 an entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,in determining whether to make a grant under this section1 the ,secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection 7b74 7d7 ,use of funds ,an entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign1 or provide training1 described in subsection 7b74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for fiscal year #bjag and #aj1jjj1jjj for each of fiscal years #bjah through #bjba4 4 #d4 ,grants to ,states for child abuse or neglect prevention and treatment programs ,section #ajf7;b7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;a7b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking 7,b7 an assurance and all that follows through the end of clause 7i71 and inserting the following3 7,b7 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 law1 or has in effect and is operating a statewide program1 relating to child abuse and neglect that includes-- 7i7 provisions or procedures for an individual described in paragraph 7#e7 to report suspected or known incidents of child abuse or neglect to a ,state child protective service agency or to a law enforcement agency1 which shall include a ,state law for mandatory reporting of such incidents1 to either type of agency1 by any individual described in paragraph 7#e71 in accordance with paragraph 7#f72 2 7,b7 in subparagraph 7,f71 by striking 2 and and inserting 22 7,c7 in subparagraph 7,g71 by striking the period at the end and inserting 22 and 7,d7 by inserting after subparagraph 7,g7 the following3 7,h7 an assurance that the ,state1 in developing the ,state plan described in paragraph 7#a71 has established procedures to ensure coordination between the ,state law or statewide program described in subparagraph 7,b7 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 #c7b7 if the perpetrator of such act were a parent or caretaker1 are referred for appropriate follow-up services1 even if such children do not qualify for the protections under such ,state law or statewide program2 7,i7 an assurance that the ,state will-- 7i7 take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that ,state1 even if the child or the alleged perpetrator resides in a different ,state2 7ii7 in the case of a ,state that takes primary responsibility to investigate a report as described in clause 7i71 share the results of the investigation with the ,state where the child resides and with the ,state where the alleged perpetrator resides2 and 7iii7 in the case of a ,state in which the child or alleged perpetrator resides1 but where the alleged incident did not occur1 establish a plan to assist the ,state with primary responsibility for the investigation2 and 7,j7 an assurance that the ,state has established procedures to screen for domestic violence in the course of investigating child abuse and that such procedures-- 7i7 were developed in consultation with the ,state ,domestic ,violence ,coalition 7as defined in section #cjb of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdjb77 or other entity eligible for funds under section #caa of the ,family ,violence ,prevention and ,services ,act 7#db ,u4,s4,c4 #ajdaa72 and 7ii7 include training and practice requirements for investigators of child abuse where domestic violence is also present4 2 and 7#b7 by adding at the end the following3 7#e7 ,individuals required to report suspected or known child abuse or neglect ,to satisfy the requirements of paragraph 7#b77;,b77i71 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 neglect3 7,a7 ,individuals licensed or certified to practice in any health-related field licensed by the ,state1 employees of health care facilities or providers licensed by the ,state1 who are engaged in the admission1 examination1 care or treatment of individuals1 including mental health and emergency medical services providers4 7,b7 ,individuals employed by a school who have direct contact with children1 including teachers1 administrators1 and independent contractors4 7,c7 ,peace officers and law enforcement personnel4 7,d7 ,clergy1 including ,christian ,science practitioners1 except where prohibited on account of clergy-penitent privilege4 7,e7 ,day care and child care operators and employees4 7,f7 ,employees of social services agencies who have direct contact with children in the course of employment4 7,g7 ,foster parents4 7,h7 ,court appointed special advocates 7employees and volunteers74 7,i7 ,camp and after-school employees4 7,j7 ,an individual1 paid or unpaid1 who1 on the basis of the individual's role as an integral part of a regularly scheduled program1 activity1 or service1 accepts responsibility for a child4 7,k7 ,other individuals1 as the applicable ,state law or statewide program may require4 7#f7 ,reporting requirement ,to satisfy the requirements of paragraph 7#b77;,b77i71 a ,state law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency 7as applicable under ,state law7 and1 if applicable1 to the individual's supervisor or employer4 4 #e4 ,approaches and techniques to improve reporting 7a7 ,eligibility ,section #ajg7;b7 of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;c7b77 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 and 7,b7 by adding at the end the following3 7,c7 support training for adults who work with children in a professional or volunteer capacity1 to report suspected and known incidents of child abuse or neglect under ,state law2 and 2 and 7#b7 in paragraph 7#e71 by inserting before the period and the training described in paragraph 7#d77;,c74 7b7 ,state task force study ,section #ajg7;d7 of such ,act 7#db ,u4,s4,c4 #eajf;c7d77 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 evaluate the ,state's efforts to train adults who work with children in a professional or volunteer capacity1 to report suspected and known incidents of child abuse or neglect under ,state law4 4 7c7 ,adoption of recommendations ,section #ajg7;e77#a7 of such ,act 7#db ,u4,s4,c4 #eajf;c7e77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7,d7 experimental1 model1 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 agencies4 4 #f4 ,general program grants ,section #ajh of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;d7 is amended by adding at the end the following3 7f7 ,mandatory reporting ,to be eligible to receive any form of financial assistance under this title1 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 #ajf7;b77#b77;,b77i74 4 #g4 ,reports ,section #aaj of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eajf;f7 is amended by adding at the end the following3 7e7 ,study and report on ,state mandatory reporting laws 7#a7 ,study ,not later than #d years after the date of enactment of the ,speak ,up to ,protect ,every ,abused ,kid ,act1 the ,secretary shall collect information on and otherwise study the efforts of ,states relating to ,state laws for mandatory reporting of incidents of child abuse or neglect1 in order to assess the implementation of the amendments made by that ,act4 7#b7 ,report 7,a7 ,in general ,not later than #d years after the date of enactment of the ,speak ,up to ,protect ,every ,abused ,kid ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report containing the findings of the study under paragraph 7#a74 7,b7 ,contents ,the report submitted under subparagraph 7,a7 shall-- 7i7 provide an update on-- 7,i7 implementation of ,state laws for mandatory reporting described in section #ajf7;b77#b77;,b77i72 and 7,,ii7 ,state efforts to improve reporting on1 and responding to reports of1 child abuse or neglect2 and 7ii7 include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the ,speak ,up to ,protect ,every ,abused ,kid ,act4 4 #h4 ,community-based grants ,section #bjd of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaaf;d7 is amended-- 7#a7 in paragraph 7#aa71 by striking and at the end2 7#b7 in paragraph 7#ab71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ac7 an assurance that the ,state has in effect a ,state law for mandatory reporting described in section #ajf7;b77#b77;,b77i74 4 #i4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this ,act takes effect on the date of enactment of this ,act4 7b7 ,mandatory reporting requirements ,the amendments made by sections #d1 #e7;a71 #f1 and #h shall apply to the applicable plans and applications submitted after the date that is #b years after the date of enactment of this ,act4