Division D — Human Services and Community Supports

“115. Electronic interstate data exchange system

“(a) Interstate data exchange system

“(1) In general—The Secretary of Health and Human Services shall consider the recommendations included in the reports required under paragraph (8)(A) and subsection (b)(2) in developing an electronic interstate data exchange system that allows State entities responsible under State law for maintaining child abuse and neglect registries to communicate information across State lines.

“(2) Standards—In developing the electronic interstate data exchange system under paragraph (1), the Secretary shall—

“(A) use interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;

“(B) develop policies and governance standards that—

“(i) ensure consistency in types of information shared and not shared; and

“(ii) specify circumstances under which data should be shared through the interstate data exchange system; and

“(C) ensure that all standards and policies adhere to the privacy, security, and civil rights laws of each State and Federal law.

“(3) Limitation on use of electronic interstate data exchange system—The electronic interstate data exchange system may only be used for purposes relating to child safety.

“(4) Pilot program

“(A) Implementation—Not later than 6 months after the date of the enactment of this section, the Secretary of Health and Human Services shall begin implementation of a pilot program to generate recommendations for the full integration of the electronic interstate data exchange system. Such pilot program shall include not less than 10 States and not more than 15 States.

“(B) Completion—Not later than 30 months after the date of the enactment of this section, the Secretary of Health and Human Services shall complete the pilot program described in subparagraph (A).

“(5) Integration—The Secretary of Health and Human Services may assist States in the integration of this system into the infrastructure of each State using funds appropriated under this subsection.

“(6) Participation—As a condition on eligibility for receipt of funds under section 106, each State shall—

“(A) participate in the electronic interstate data exchange system to the fullest extent possible in accordance with State law (as determined by the Secretary of Health and Human Services) not later than December 31, 2027; and

“(B) prior to the participation described in subparagraph (A), provide to the Secretary of Health and Human Services an assurance that the child abuse and neglect registry of such State provides procedural due process protections with respect to including individuals on such registry.

“(7) Prohibition—The Secretary of Health and Human Services may not access or store data from the electronic interstate data exchange system, unless the State to which such data pertains voluntarily shares such data with the Secretary of Health and Human Services.

“(8) Reports—The Secretary of Health and Human Services shall prepare and submit to Congress—

“(A) not later than 3 years after the date of the enactment of this section, a report on the recommendations from the pilot program described in paragraph (4); and

“(B) not later than January 31, 2025, a report on the progress made in implementing this subsection.

“(9) Authorization of appropriations—Of the funds appropriated under section 112 for a fiscal year—

“(A) for each of fiscal years 2021 and 2022, $2,000,000 shall be reserved to carry out this section; and

“(B) for each of fiscal years 2023 through 2026, $1,000,000 shall be reserved to carry out this section.

“(b) Working group

“(1) In general—Not later than 60 days after the date of the enactment of this section, the Secretary of Health and Human Services shall convene a working group to study and make recommendations on the following:

“(A) The feasibility of making publicly available on the website of each State definitions and standards of substantiated child abuse and neglect for the State.

“(B) Whether background check requirements under this Act, the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) are complementary or if there are discrepancies that need to be addressed.

“(C) How to improve communication between and across States, including through the use of technology and the use of the electronic interstate data exchange system established under subsection (a), to allow for more accurate and efficient exchange of child abuse and neglect records.

“(D) How to reduce barriers and establish best practices for the State to provide timely responses to requests from other States for information contained in the State’s child abuse and neglect registry through the electronic interstate data exchange system established under subsection (a).

“(E) How to ensure due process for any individual included in a State’s child abuse and neglect registry, including the following:

“(i) The level of evidence necessary for inclusion in the State’s child abuse and neglect registry.

“(ii) The process for notifying such individual of inclusion in the State’s child abuse and neglect registry and the implications of such inclusion.

“(iii) The process for providing such individual the opportunity to challenge such inclusion, and the procedures for resolving such challenge.

“(iv) The length of time an individual’s record is to remain in the State’s child abuse and neglect registry, and the process for removing such individual’s record.

“(v) The criteria for when such individual’s child abuse and neglect registry record may be—

“(I) made accessible to the general public;

“(II) made available for purposes of an employment check; and

“(III) be shared for the purposes of participation in the electronic interstate data exchange system described in subsection (a).

“(2) Report—Not later than 18 months after the date of the enactment of this section, the working group convened under paragraph (1) shall submit a report containing its recommendations to the Secretary of Health and Human Services, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives.

“(3) Construction—There shall be no requirement for any State to adopt the recommendations of the working group, nor shall the Secretary of Health and Human Services incentivize or coerce any State to adopt any such recommendation.”

“201. Purpose and authority

“(a) Purpose—It is the purpose of this title—

“(1) to support community-based efforts to develop, operate, expand, enhance, evaluate, and coordinate initiatives, programs, and activities to strengthen families and prevent child abuse and neglect;

“(2) to support the development of a State strategy to address unmet need and the coordination of State, regional, and local resources and activities to better strengthen and support families to reduce the likelihood of child abuse and neglect; and

“(3) to support local programs in increasing the ability of diverse populations with demonstrated need, including low-income families, racial and ethnic minorities, families with children or caregivers with disabilities, underserved communities, and rural communities, to access a continuum of preventive services that strengthen families in order to more effectively prevent child abuse and neglect.

“(b) Authority—The Secretary shall make grants under this title on a formula basis to the entity designated by the State as the lead entity (referred to in this title as the “lead entity”) under section 202(1) for the following purposes—

“(1) supporting local programs in providing community-based family strengthening services designed to prevent child abuse and neglect that help families build protective factors linked to the prevention of child abuse and neglect, such as knowledge of parenting and child development, parental resilience, social connections, time-limited and need-based concrete support, and social and emotional development of children, that—

“(A) are effective, culturally appropriate, and accessible to diverse populations with demonstrated need;

“(B) build upon existing strengths;

“(C) offer assistance to families;

“(D) provide early, comprehensive support for parents;

“(E) promote the development of healthy familial relationships and parenting skills, especially in young parents and parents with very young children;

“(F) increase family stability;

“(G) improve family access to other formal and informal community-based resources, such as providing referrals to early health and developmental services, mental health services, and time-limited and need-based concrete supports, including for homeless families and those at-risk of homelessness;

“(H) support the additional needs of families with children or caregivers with disabilities through respite care and other services; and

“(I) demonstrate a commitment to the continued leadership of parents in the planning, program implementation, and evaluation of the lead entity and local programs funded under this title, including involvement of parents of children with disabilities, parents who are individuals with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups;

“(2) promoting the development of a continuum of preventive services that strengthen families and promote child, parent, family, and community well-being, through the development of State and local networks, including collaboration and coordination between local programs and public agencies and private entities that utilize culturally responsive providers;

“(3) financing the start-up, maintenance, expansion, or redesign of core services described in section 205(b)(3) where communities have identified and decided to address unmet need identified in the inventory described in section 204(3), to the extent practicable given funding levels and community priorities;

“(4) maximizing funding through leveraging Federal, State, local, and private funds to carry out the purposes of the title;

“(5) financing public information activities, which may include activities to increase public awareness and education, and developing comprehensive outreach strategies to engage diverse populations with demonstrated need, that focus on the healthy and positive development of parents and children; and

“(6) to the extent practicable—

“(A) promoting the development, enhancement, expansion, and implementation of a statewide strategy to address the unmet need identified in the inventory described in section 204(3), with input from relevant stakeholders, to scale evidence-based and evidence-informed community-based family strengthening services designed to prevent child abuse and neglect; and

“(B) addressing and supporting the capacity of local programs to strengthen families and prevent child abuse and neglect through technical assistance, professional development, and collaboration between local programs.”

“204. Application

“A grant may not be made to a State under this title unless an application therefore is submitted by the lead entity to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of section 202, including—

“(1) a description of the lead entity that will be responsible for the administration of funds provided under this title and the oversight of community-based family strengthening services designed to prevent child abuse and neglect that receive assistance from the lead entity in accordance with section 205;

“(2) a description of how community-based family strengthening services designed to prevent child abuse and neglect supported by the lead entity will operate, including how local programs that receive assistance from the lead entity and public agencies and private entities that promote child, parent, family, and community well-being will be integrated into a developing continuum of family centered, holistic, preventive services for children and families;

“(3) a description of the inventory of current unmet need and current community-based family strengthening services designed to prevent child abuse and neglect, and other family resource services operating in the State, including a description of how the lead entity plans to address unmet need in underserved areas;

“(4) a budget for the development, operation, and expansion of the community-based family strengthening services designed to prevent child abuse and neglect that verifies that the State will expend in non-Federal funds an amount equal to not less than 20 percent of the amount received under this title (in cash, not in-kind) for activities under this title;

“(5) an assurance that funds received under this title will supplement, not supplant, other State and local public funds designated for the start-up, maintenance, expansion, and redesign of community-based family strengthening services designed to prevent child abuse and neglect;

“(6) a description of the lead entity’s capacity and commitment to ensure the continued leadership of parents who are or have been consumers of preventive supports, including parents of diverse populations with demonstrated need, family advocates, and adult former victims of child abuse or neglect, in the planning, implementation, and evaluation of the programs and policy decisions of the lead entity in accomplishing the desired outcomes for such efforts;

“(7) a description of the criteria that the lead entity will use to identify communities in which to provide services, and select and fund local programs in accordance with section 205, including how the lead entity will take into consideration the local program’s ability to—

“(A) collaborate with other community-based organizations and service providers and engage in long-term and strategic planning to support the development of a continuum of preventive services that strengthen families;

“(B) meaningfully partner with parents in the development, implementation, and evaluation of services;

“(C) reduce barriers to access to community-based family strengthening services designed to prevent child abuse and neglect, including for diverse populations with demonstrated need; and

“(D) incorporate evidence-based or evidence-informed practices, to the extent practicable;

“(8) a description of outreach activities that the lead entity and local programs will undertake to maximize the participation of low-income families, racial and ethnic minorities, children and adults with disabilities, sexual and gender minority youth, victims of domestic violence, homeless families and those at risk of homelessness, families experiencing complex needs, and members of other underserved or underrepresented groups;

“(9) a plan for providing operational support, training, and technical assistance to local programs, which may include coordination with public agencies and private entities that promote child, parent, and family well-being to support increased access to a continuum of preventive services that strengthen and support families to prevent child abuse and neglect;

“(10) a description of how the performance of the lead entity and local programs will be measured in accordance with section 206;

“(11) a description of the actions that the lead entity will take to inform systemic changes in State policies, practices, procedures, and regulations to improve the delivery of community-based family strengthening services designed to prevent child abuse and neglect, including improved access for diverse populations with demonstrated need; and

“(12) an assurance that the lead entity will provide the Secretary with reports at such time and containing such information as the Secretary may require.”

“205. Local program requirements

“(a) In general—Grants or contracts made by the lead entity under this title shall be used to develop, implement, operate, expand, and enhance community-based family strengthening services through a continuum of preventive services to strengthen families and prevent child abuse and neglect in a manner that—

“(1) helps families build protective factors that are linked to the prevention of child abuse and neglect to support child and family well-being, including knowledge of parenting and child development, parental resilience, social connections, time-limited and need-based concrete support, and social and emotional development of children;

“(2) takes into consideration the assets and needs of communities in which they are located; and

“(3) promotes coordination between local programs and public agencies and private entities that promote child, parent, and family well-being.

“(b) Local uses of funds—Grant funds from the lead entity shall be used to develop, implement, operate, expand, and enhance community-based family strengthening services designed to prevent child abuse and neglect, which may include the following:

“(1) assessing community assets and needs through a planning process that—

“(A) involves other community-based organizations or agencies that have already performed a needs-assessment, where possible;

“(B) includes the meaningful involvement of parents; and

“(C) uses information and expertise from local public agencies, local nonprofit organizations, and private sector representatives in meaningful roles;

“(2) developing a comprehensive strategy to provide a continuum of preventive, family-centered services to children and families that strengthen and support families to prevent child abuse and neglect, especially to young parents, to parents with young children, to families in hard-to-reach areas, and to parents who are adult former victims of domestic violence or child abuse or neglect, through public-private partnerships;

“(3)

“(A) providing for core child abuse and neglect prevention services, which may be provided directly by the local recipient of the grant funds or through grants or agreements with other local agencies, such as—

“(i) parenting support and education programs, including services that help parents and other caregivers support children’s development;

“(ii) mutual support and self help programs for parents and children;

“(iii) parent leadership skills development programs that support parents as leaders in their families and communities;

“(ii) respite care services;

“(iii) outreach and follow-up services, which may include voluntary home visiting services; and

“(iv) community and social service referrals; and

“(B) connecting individuals and families to additional services, including—

“(i) referral to and counseling for adoption services for individuals interested in adopting a child or relinquishing their child for adoption;

“(ii) child care, early childhood care and education, such as Head Start and Early Head Start under the Head Start Act (42 U.S.C. 9831 et seq.), and early intervention services, including early intervention services for infants and toddlers with disabilities eligible for such services as defined in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432);

“(iii) referral to services and supports to meet the additional needs of families with children with disabilities and parents who are individuals with disabilities;

“(iv) nutrition programs, which may include the special supplemental nutrition programs for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) and the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);

“(v) referral to educational services and workforce development activities, such as activities described in section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174), adult education, including literacy and academic tutoring, and activities as described in section 203 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3272);

“(vi) self-sufficiency and life management skills training;

“(vii) community referral services, including early developmental screening of children and mental health services;

“(viii) peer counseling; and

“(ix) domestic violence service programs that provide services and treatment to children and their non-abusing caregivers;

“(4) developing and maintaining leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the programs and services, including to promote access to such programs and services in spaces familiar to families;

“(5) providing leadership in mobilizing local public and private resources to support the provision of needed child abuse and neglect prevention program services; and

“(6) coordinating with public agencies and private entities that promote child, parent, and family well-being, including through the development of State and local networks of programs and activities to develop a continuum of preventive services to strengthen families and to prevent child abuse and neglect, where appropriate.

“(b) Priority—In awarding local grants under this title, a lead entity shall give priority to effective local programs serving low-income communities and those serving young parents or parents with young children, including community-based child abuse and neglect prevention programs.”

“206. Performance measures

“A State receiving a grant under this title, through reports provided to the Secretary—

“(1) shall demonstrate the effective development, operation, and expansion of community-based family strengthening services designed to prevent child abuse and neglect that meets the requirements of this title;

“(2) shall supply an inventory and description of the services provided to families by local programs that meet identified community needs, including core and additional services as described in section 205, which description shall specify whether those services are evidence-based or evidence-informed, and which may include a description of barriers and challenges, if any, to implementing evidence-based or evidence-informed services;

“(3) shall demonstrate that the lead entity addressed unmet need identified by the inventory and description of current services required under section 204(3) including, to the extent practicable, how the lead entity utilized a statewide strategy to address such unmet need;

“(4) shall describe the number of families served, including families with children with disabilities, and parents with disabilities, and demonstrate the involvement of a diverse representation of families in the design, operation, and evaluation of community-based family strengthening services designed to prevent child abuse and neglect, and in the design, operation and evaluation of the networks of such community-based and prevention-focused programs;

“(5) shall demonstrate a high level of satisfaction among families who have participated in the community-based family strengthening services designed to prevent child abuse and neglect;

“(6) shall demonstrate the establishment or maintenance of innovative funding mechanisms, at the State or local level, that blend Federal, State, local, and private funds, and innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion, and enhancement of the community-based family strengthening services designed to prevent child abuse and neglect;

“(7) shall describe the results of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this title in meeting the purposes of the program, including the number of local programs funded and the number of such programs that collaborate with outside entities; and

“(8) shall demonstrate an implementation plan to ensure the continued leadership of parents in the on-going planning, implementation, and evaluation of such community-based family strengthening services designed to prevent child abuse and neglect.”

“202. Report and guidance on unregulated custody transfers

“(a) Sense of Congress—It is the sense of Congress that:

“(1) Some adopted children may be at risk of experiencing an unregulated custody transfer because the challenges associated with adoptions (including the child’s mental health needs and the difficulties many families face in acquiring support services) may lead families to seek out unregulated custody transfers.

“(2) Some adopted children experience trauma, and the disruption and placement in another home by unregulated custody transfer creates additional trauma and instability for children.

“(3) Children who experience an unregulated custody transfer may be placed with families who have not completed required child welfare or criminal background checks or clearances.

“(4) Social services agencies and courts are often unaware of the placement of children through unregulated custody transfer and therefore do not conduct assessments on the child’s safety and well-being in such placements.

“(5) Such lack of placement oversight places a child at risk for future abuse and increases the chance that the child may experience—

“(A) abuse or neglect;

“(B) contact with unsafe adults or youth; and

“(C) exposure to unsafe or isolated environments.

“(6) The caregivers with whom a child is placed through unregulated custody transfer often have no legal responsibility with respect to such child, placing the child at risk for additional unregulated custody transfers.

“(7) Such caregivers also may not have complete records with respect to such child, including the child’s birth, medical, or immigration records.

“(8) A child adopted through intercountry adoption may be at risk of not acquiring United States citizenship if an unregulated custody transfer occurs before the adoptive parents complete all necessary steps to finalize the adoption of such child.

“(9) Engaging in, or offering to engage in, unregulated custody transfer places children at risk of harm.

“(b) Report to Congress

“(1) In general—Not later than 1 year after the date of the enactment of this section, the Secretary of Health and Human Services shall provide to the Committee on Education and Labor of the House of Representatives, the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Committee on Health, Education, Labor and Pensions of the Senate a report on unregulated custody transfers of children, including of adopted children.

“(2) Elements—The report required under paragraph (1) shall include—

“(A) the causes, methods, and characteristics of unregulated custody transfers, including the use of social media and the internet;

“(B) the effects of unregulated custody transfers on children, including the lack of assessment of a child’s safety and well-being by social services agencies and courts due to such unregulated custody transfer;

“(C) the prevalence of unregulated custody transfers within each State and across all States; and

“(D) recommended policies for preventing, identifying, and responding to unregulated custody transfers, including of adopted children, that include—

“(i) amendments to Federal and State law to address unregulated custody transfers;

“(ii) amendments to child protection practices to address unregulated custody transfers; and

“(iii) methods of providing the public information regarding adoption and child protection.

“(c) Guidance to States

“(1) In general—Not later than 180 days after the date specified in subsection (b)(1), the Secretary shall issue guidance and technical assistance to States related to preventing, identifying, and responding to unregulated custody transfers, including of adopted children.

“(2) Elements—The guidance required under paragraph (1) shall include—

“(A) education materials related to preventing, identifying, and responding to unregulated custody transfers for employees of State, local, and Tribal agencies that provide child welfare services;

“(B) guidance on appropriate pre-adoption education and post-adoption services for domestic and international adoptive families to promote child permanency; and

“(C) the assistance available through the National Resource Center for Special Needs Adoption under section 203(b)(9).

“(d) Definitions—In this section:

“(1) State—The term “State” means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

“(2) Unregulated custody transfer—The term unregulated custody transfer means the abandonment of a child, by the child’s parent, legal guardian, or a person or entity acting on behalf, and with the consent, of such parent or guardian—

“(A) by placing a child with a person who is not—

“(i) the child’s parent, step–parent, grandparent, adult sibling, legal guardian, or other adult relative;

“(ii) a friend of the family who is an adult and with whom the child is familiar; or

“(iii) a member of the Federally recognized Indian tribe of which the child is also a member;

“(B) with the intent of severing the relationship between the child and the parent or guardian of such child; and

“(C) without—

“(i) reasonably ensuring the safety of the child and permanency of the placement of the child, including by conducting an official home study, background check, and supervision; and

“(ii) transferring the legal rights and responsibilities of parenthood or guardianship under applicable Federal and State law to a person described in subparagraph (A).”

“204. Study and report on successful adoptions

“(a) Study—The Secretary shall conduct a study (directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) on adoption outcomes and the factors (including parental substance use disorder) affecting those outcomes.

“(b) Report—Not later than the date that is 36 months after the date of the enactment of the Human Services and Community Supports Act the Secretary shall submit a report to Congress that includes the results of the study required under subsection (a).”