On March 6, the House Education and the Workforce Subcommittee on Select Education approved, by voice vote, the Keeping Children and Families Safe Act (H.R. 3839), sponsored by Rep. Pete Hoekstra (R-MI). The bill would reauthorize several child and spousal abuse prevention programs. Subcommittee Chair Hoekstra said the legislation “continues the provision of important federal resources for identifying and addressing the issues of child abuse and neglect and family violence.” Noting that “almost 3 million reports of child abuse are made to child welfare agencies every year,” Rep. Hoekstra added, “Approximately 60 percent of these reports were investigated and 826,000 children were estimated to have been victims of abuse or neglect in 1999.”
Ranking Member Tim Roemer (D-IN) praised the bill, saying the bill “plays a critical role in placing resources in treatment and prevention,” adding that he was pleased that the legislation “included linkages between health care services and child protective services…and child protective services and the juvenile justice system.” He also said that the bill finds “good middle ground on parental rights.” Both Members praised the bipartisan support for the bill.
H.R. 3839 would reauthorize the Child Abuse Prevention and Treatment Act (CAPTA), the Adoption Opportunities program, the Abandoned Infants Assistance Act, and the Family Violence Prevention and Services Act (FVPSA).
The bill would authorize $285 million in FY2003-FY2007. Of that amount, $200 million would be authorized for CAPTA, $40 million for the Adoption Opportunities program, and $45 million for the Abandoned Infants Assistance Act. The bill would extend the authorization for the FVPSA through FY2007. The FVPSA was reauthorized through FY2005 under the Victims of Trafficking and Violence Protection Act (P.L. 106-386) in 2000.
Additionally, the bill would expand the Adoption Opportunities program to include infants and young children who are disabled or born with life-threatening conditions and would require the Secretary of Health and Human Services to study adoption outcomes and the factors affecting these outcomes. The Secretary also would be required to conduct a study on the number of abandoned infants and young children.
The subcommittee adopted several amendments before approving the bill. One amendment, offered by Rep. Hoekstra and adopted by voice vote, would require child protective services to notify individuals when they were being investigated for a complaint of child abuse or neglect. “Individuals should have the right to know up-front, the allegations against them,” he said.
Rep. Roemer said the language did a “good job at balancing the concerns and rights of parents with the ability of social workers to perform their work” and that it “reflects what states are currently doing.”
Another amendment, offered by Rep. Susan Davis (D-CA), would express the sense of Congress that children and families with limited English proficiency seeking services from child welfare agencies should be provided with materials and services in an appropriate language other than English.
The subcommittee spent considerable time discussing an amendment by Rep. James Greenwood (R-PA) before it was approved by voice vote. The amendment would require health care providers involved in the delivery of an infant exposed to drugs or alcohol to notify child protective services. The amendment states that such notification would not “constitute a report of the occurrence of child abuse” and would not “result in prosecution of the mother for investigation of any illegal or legal substance while pregnant.” The amendment also would require a social services caseworker to investigate the situation and develop a “plan to address the needs of the infant and mother” as well as procedures for the provision of appropriate services.
Stating that “punitive measures,” such as arresting and jailing pregnant women who test positive for drugs, “don’t work,” Rep. Greenwood said, “We could prevent the most serious child abuse cases and do it in a way that is humane and compassionate.”
“In terms of costs, these kids are going to cost you some money and it is a lot more expensive to deal with these kids after they have been traumatized, as opposed to early intervention. It is less costly,” he said.
Rep. Hoekstra said the amendment “provides appropriate protection for infants and for mothers.” Rep. Roemer agreed, calling it a “cutting edge amendment” that would “provide services to help the family.”
Rep. Davis expressed concern that the language would be viewed as an unfunded mandate: “Do you envision that there should be some monies directed toward this?” She also urged Rep. Greenwood to consider issues of liability since the legislation would require notification but does not necessarily require that something be done. “The important thing is healthy kids,” she said.
In responding, Rep. Greenwood said that the language does not require that the services be provided. “We say that they have to have a plan. It requires them to identify the children, bring in the caseworker to talk to the mother and develop a plan,” he said, adding, “At least there would no longer be the excuse to send a child home to a dangerous situation.”
