Kilah Davenport Child Protection Act of 2013

Mr. Speaker, we all agree that child abuse is a horrific problem, and the abuse of Kilah Davenport is a tragedy. We must take appropriate steps to try to prevent such future tragedies.

Child abuse is a widespread problem. In 2011, approximately 681,000 children were victims of maltreatment, and approximately 3.3 million children received preventative services from Child Protective Services agencies in the United States. Furthermore, nearly five children die every day in America from abuse and neglect, and more than 78 percent of reported child fatalities as a result of abuse and neglect were caused by one or more of the child victim's parents.

In addition to harming children directly, child abuse contributes to future crime.

Children who experience child abuse and neglect are about 9 times more likely to become involved in criminal activity. We should therefore get serious about reducing child abuse by enacting the type of meaningful legislation proven to actually reduce child abuse--and save money in the process--like nurse family partnerships.

Nurse family partnerships are an evidence-based community health program that provide home visits from registered nurses to low-income, first-time moms from pregnancy until the child turns two years old. In medical and scientific journals, nurse family partnerships are most often cited as the most effective intervention to prevent child abuse and neglect.

The approach of H.R. 3627 is to allow sentences of up to 10 years for those convicted for the third time for domestic abuse which, with this bill, will include child abuse. But it only applies to those offenses committed in national parks, military bases, Indian country, and on other federal land.

So of all of the cases of child abuse committed nationally, this bill unfortunately reaches only a negligible portion of the cases--those committed on federal land by people with two prior offenses.

Moreover, I am concerned that by increasing the penalties for third offenses, this bill implies that federal judges don't know what to do

with a defendant convicted for a third time of these heinous offenses.

As I have described, child abuse is a serious problem, and in order to determine the appropriateness of expanding federal laws, we should have had a hearing on this issue, which we did not. We have received no evidence suggesting that federal judges impose such sentences on these third-time offenders that they keep getting out of prison and committing child abuse again.

The reason the bill before us today can only apply to federal lands is because we do not have jurisdiction over local crimes. The issue of child abuse is traditionally a matter for the states, and therefore this issue might have been best, first considered by the over- criminalization task force.

If our goal is to actually reduce the ravages of child abuse, we should not limit our efforts to the negligible number of prosecutable cases involving third offenses on federal lands.

I say prosecutable because most child abuse is not reported at all, and many chases that are reported are difficult to prosecute because family members may be unwilling to testify against one another. In fact, we have received no evidence that this bill would have even applied to the Kilah Davenport case, which does not appear to have occurred on federal land or have been committed by a third-time offender.

We need to focus federal efforts on supporting programs which will prevent these crimes from happening in the first place.

H.R. 3627 does, however, include a worthwhile provision that requires the Attorney General to issue a report outlining the child abuse laws in the 50 states. The states can then review their statutes to see how they compare to other states and decide if their state laws need to be amended.

I agree with the desire to do more to protect our children from such tragic victimization, and we should work together to reduce child abuse. However, I think there are better ways to do it.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3627) To require the Attorney General to report on State law penalties for certain child abusers, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 3627, currently under consideration.

Mr. Speaker, I yield myself such time as I may consume.

The bill under consideration today, the Kilah Davenport Child Protection Act of 2013, is named after a young girl from North Carolina who was brutally beaten by her stepfather last year. Her stepfather was charged with felony child abuse and awaits trial. Kilah, who was only 3 years old at the time of the attack, will face a lifetime of brain damage and paralysis at the hands of someone who was supposed to love and protect her.

Stories like Kilah's are absolutely tragic, but they are not uncommon across our country. Approximately 3.5 million cases of child abuse involving 6 million children are reported every year in the United States. In my own State of Georgia, there were over 37,000 reports of child abuse and neglect with over 15,000 substantiated incidents of abuse in 2009 alone. And the rates of child abuse are even higher in Indian Country, where Indian children experience child abuse at a significantly higher rate than the rest of the population.

Adding to those and these tragedies is the fact that child abuse cases are not always reported and oftentimes not prosecuted with the same vigor as other crimes. Studies have found that charges are less likely to be filed against perpetrators in child abuse cases than most other felonies, and these cases have lower incarceration rates than other crimes.

H.R. 3627, introduced by Mr. Pittenger of North Carolina, will help draw attention to how child abuse cases are handled across the country by requiring the Judiciary Department to issue reports on the criminal penalties for child abuse in the 50 States, the District of Columbia, and the U.S. territories.

This report focused on State statutes because most child abuse cases are handled at the State level. However, there are parts of the country where the Federal Government has an increased law enforcement role, such as including in Indian Country. H.R. 3627 helps to strengthen the Federal response to child abuse and other forms of domestic violence in Indian Country and the special maritime and territorial jurisdiction by amending 18 U.S.C., section 117 to allow prior convictions for the abuse of a child to trigger the offense of domestic assault by a habitual offender. This is a small but important change to the statute that will permit the Federal Government to prosecute more violent offenders.

I commend the gentleman from North Carolina (Mr. Pittenger) for drawing attention to the terrible crime of child abuse and encourage my colleagues to support this legislation.

With that, I reserve the balance of my time.

Mr. Speaker, at this time, I yield as much time as he may consume to the gentleman from North Carolina (Mr. Pittenger),

the author of this legislation, the gentleman who has a great passion for this issue.

Mr. Speaker, just in closing, again, it is good to be with my friend down here. Also, the bill that Mr. Pittenger is bringing forward is also commonsense legislation I think that strengthens their home, strengthens their family, and addresses an issue such as child abuse and the real consequences the Davenport family are finding, but not just them, but many across our country.

With that, I urge all my colleagues to support this legislation, and I yield back the balance of my time.

Thank you, Mr. Collins.

Mr. Speaker, I rise on behalf of precious Kilah Davenport, a sweet little girl at the age of 3 years old, who was taken by her caregiver and bashed her head against the wall. As a result, Kilah has suffered irreparable damage to the extent that at this point she is immobile, she is paralyzed and has suffered severe brain damage.

You can see pictures right here of Kilah, a young girl, and then the next day the condition that she is in. She has made some progress. Her family is encouraged. They assist her 24/7. It has changed their lives.

But to the credit of the Davenport family, they wanted what occurred to their child to make sure that that never happened again. They focused their intention and their efforts, their commitment, to passing a law in North Carolina where I live. Now we have a statute that gives a minimum sentence of 10 years to anyone who is convicted of this type of egregious child abuse. Prior to this time, the minimum sentence for such an abuse was 4 years, maximum 6 years. This type of severe cruelty warrants a measure of sentencing commensurate with what has been enacted.

So I congratulate my colleagues, whom I served with at one time in the North Carolina Senate and the House--Senator Tarte, Senator Tucker, and Senator Curtis; and House members Horn and Arp--for the leadership that they gave in North Carolina and provided what will be, I truly believe, a role model for the rest of the country because, Mr. Speaker, the purpose of the Kilah Davenport Child Protection Act is to give a basis for other States, appealing to them through their attorney generals, to issue these reports, the first one in 6 months, the next one 3 years following, of their current statutes on child abuse in their sentencing.

We have found in many States that there are very minimum and lax sentences. In the South, there is one State that a year and a day could be the maximum sentence; one State in the Northeast is 7 years; one State out west, 5 years is the max sentence. This shouldn't be. We feel like there are many States who once they understand how limited the scope is of their sentencing that they would want to change it.

And yes, Mr. Speaker, I do believe that these types of bills are better addressed in our States. I believe that other States will take the proper action as North Carolina did. As I consulted with law enforcement and with judges who handle child abuse daily, that is why I introduced H.R. 3627, which is bipartisan legislation that will address this severe need to make sure that children in the future are not harmed in the same way.

This bill will ensure that those who suffer serious bodily injury, mental and emotional disparity and function, would be addressed with the types of sentencing that would warrant the type of crime committed.

I believe, Mr. Speaker, as we enact this bill, that we will see a tremendous impact throughout the country to prevent this type of scourge from occurring again. So I commit it to our Congress--I thank the great support of the Members--to make sure that this bill is enacted, and I thank Senator Burr for his leadership in the Senate.

Mr. Speaker, I yield myself such time as I may consume.

Today we rise to consider H.R. 3627, the Kilah Davenport Child Protection Act of 2013. This legislation is part of the continuing effort to stamp out the scourge of child abuse in our society.

According to the organization Childhelp, each year there are more than 3 million reports of child abuse in the United States. At least 6 million children are impacted on an annual basis. Every day an average of four to seven children die in this great country as a result of child abuse and neglect, and more than 78 percent of reported child fatalities resulting from abuse and neglect were caused by one or more of the victim's parents.

We must do everything in our power to change this sad reality. Our effort, of course, must be comprehensive and should include both robust criminal justice enforcement and parental education and prevention efforts. In other words, our approach should be balanced. Those who abuse children must understand that the consequences connected to their criminal behavior will be significant.

We must also aggressively take steps to prevent child victimization before it occurs. In doing so, we can mitigate the severe trauma of child abuse and simultaneously channel precious taxpayer resources away from the criminal justice system.

H.R. 3627 requires the Attorney General to issue a report regarding the penalties for violations of laws prohibiting child abuse in the 50 States, the District of Columbia, and U.S. territories. This report must consider, of course, whether those laws provide enhanced penalties when the victim has suffered serious bodily injury or permanent or protracted loss or impairment of any mental or emotional function, as occurred in this tragic case referred to in North Carolina. This reporting requirement is a good step toward helping Congress accurately evaluate the statutory landscape in the child abuse context and govern in a more informed fashion.

In addition, the legislation permits prior convictions for assault, sexual abuse, or serious violent felonies to be used to trigger additional penalties for habitual domestic abusers on Native American reservations and in special maritime and territorial jurisdictions. This trigger will better protect potential child abuse victims from repeat offenders.

For the above-referenced reasons, I urge my colleagues to support this legislation, and I reserve the balance of my time.

Mr. Speaker, I have no additional speakers and am prepared to close.

Let me just simply say, I commend the gentleman from North Carolina for putting forth this measure in the House and helping to shepherd it hopefully into swift passage and then into law. I also commend the Davenport family for their courage, their strength, and their perseverance, and I wish them Godspeed as it relates to the recovery of their child moving forward.

I yield back the balance of my time.

Mr. Speaker, I rise today with a heavy heart to remember and honor Kilah Davenport, a young girl from my district in North Carolina who was taken from this world much too soon.

Kilah was a young girl full of joy, laughter and love. Two years ago, when Kilah was just three-years-old, she was a victim of felony child abuse and suffered severe mental and physical damage. All of the doctors told Kilah's family that she would not survive, but she pulled through and overcame the odds stacked against her.

I had the pleasure of meeting young Kilah and her wonderful, loving family, and I was moved by their incredible strength and faith. Kilah's recovery was slow and she faced extensive physical therapy and rehab. When most people would have given up, Kilah and her family endured, becoming advocates for legislation to protect our children. Kilah inspired the state of North Carolina to pass legislation that increases sentencing punishments for five child abuse-related felonies. Tragically, on March 12, just three weeks before her 5th birthday, Kilah Davenport passed away.

I am proud to be a cosponsor of the Kilah Davenport Child Protection Act of 2013 (H.R. 3627), which guarantees that our states can address the serious problem of felony child abuse and makes certain that those who choose to harm a child suffer real and meaningful consequences. I am committed to ensuring the safety of the most innocent in our society. I support this bill that passed the House, and I encourage the Senate to do the same.

Mr. Speaker, I will continue to pray for Kilah's family. I hope they can find the peace and comfort that only comes from our loving God as they go through this troubling time.