One Hundred Fifteenth Congress of the United States of America
2d Session
Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen
S. 2961
AN ACT
To reauthorize subtitle A of the Victims of Child Abuse Act of 1990.
Short title
This Act may be cited as the Victims of Child Abuse Act Reauthorization Act of 2018
.
Reauthorization
Findings
Section 211 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20301) is amended—
in paragraph (1), by striking 2,000,000
and inserting 3,300,000
;
in paragraph (6)—
by inserting improve positive outcomes for the child,
before and increase
; and
by striking ; and
and inserting a semicolon;
in paragraph (7), by striking could be duplicated in many jurisdictions throughout the country.
and inserting have expanded dramatically throughout the United States; and
; and
by adding at the end the following:
State chapters of children’s advocacy center networks are needed to—
assist local communities in coordinating their multidisciplinary child abuse investigation, prosecution, and intervention services; and
provide oversight of, and training and technical assistance in, the effective delivery of evidence-informed programming.
.
Definitions
Section 212 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20302) is amended—
by striking paragraphs (3) and (6);
by redesignating paragraphs (4), (5), (7), (8), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively;
in paragraph (6), as so redesignated, by striking and
at the end;
in paragraph (7), as so redesignated, by striking the period at the end and inserting ; and
; and
by adding at the end the following:
the term State chapter means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and support to local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
.
Regional children's advocacy centers
Section 213 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20303) is amended—
in subsection (a)—
in the matter preceding paragraph (1), by striking with the Director and
by striking paragraph (2);
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
in paragraph (2), as so redesignated, by striking and
at the end;
in paragraph (3), as so redesignated—
by inserting after mental health care professionals
the following: , law enforcement officers, child protective service workers, forensic interviewers, prosecutors, and victim advocates,
;
by striking medical
each place that term appears; and
by striking the period at the end and inserting ; and
; and
by adding at the end the following:
collaborate with State chapters to provide training, technical assistance, coordination, and oversight to—
local children’s advocacy centers; and
communities that want to develop local children's advocacy centers.
;
in subsection (b)—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking , in coordination with the Director,
;
in subparagraph (A), by inserting and
at the end;
in subparagraph (B), by striking the prevention, judicial handling, and treatment of child abuse and neglect; and
and inserting multidisciplinary team investigation, trauma-informed interventions, and evidence-informed treatment,
; and
by striking subparagraph (C); and
in paragraph (2)—
in subparagraph (A)—
in the matter preceding clause (i), by striking communities
and inserting communities, local children's advocacy centers, multidisciplinary teams, and State chapters
;
in clause (i), by inserting and expanding
after developing
;
by redesignating clauses (ii) through (x) as clauses (iii) through (xi), respectively;
by inserting after clause (i) the following:
in promoting the effective delivery of the evidence-informed Children’s Advocacy Model and the multidisciplinary response to child abuse, including best practices in—
organizational support and development;
programmatic evaluation; and
financial oversight of Federal funding;
;
in clause (iii), as so redesignated, by striking a freestanding facility where interviews of and services for abused children can be provided
and inserting child-friendly facilities for the investigation of, assessment of, and intervention in abuse
; and
in clause (iv), as so redesignated, by striking multiple
and inserting duplicative
; and
in subparagraph (B), by inserting and interested communities
after advocacy centers
;
in subsection (c)—
in paragraph (2)(C), by striking remedial counseling to
and inserting evidence-informed services for
;
in paragraph (3)(A)(ii), by striking multidisciplinary child abuse program
and inserting children's advocacy center
; and
in paragraph (4)(B)—
in the matter preceding clause (i), by striking , in coordination with the Director,
;
by striking clause (iii); and
by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively;
in subsection (d)—
in paragraph (1), by striking , in coordination with the Director,
;
in paragraph (2), in the matter preceding subparagraph (A), by striking and the Director
; and
in paragraph (3), by striking Discontinuation of funding.—
and all that follows through Upon discontinuation
and inserting the following: Discontinuation of funding.—Upon discontinuation
; and
by striking subsections (e) and (f).
Local children's advocacy centers
Section 214 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20304) is amended—
by striking subsection (a) and inserting the following:
In general
The Administrator, in coordination with the Director of the Office of Victims of Crime, shall make grants to—
develop and enhance multidisciplinary child abuse investigations, intervention, and prosecution; and
promote the effective delivery of the evidence-informed Children’s Advocacy Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.
;
in subsection (b)—
in the subsection heading, by inserting human trafficking and
before child pornography
;
by striking with the Director and
; and
by inserting human trafficking and
before child pornography
;
in subsection (c)—
in paragraph (1)—
by striking Director
and inserting Administrator
; and
by striking this section
and inserting subsections (a) and (b)
; and
in paragraph (2)—
in subparagraph (A), by striking social service
and inserting child protective service
;
in subparagraph (B), by striking the
and inserting counseling center
a
;children's advocacy center
in subparagraph (C), by striking sexual and serious physical abuse and neglect cases to the counseling center
and inserting child abuse cases that meet designated referral criteria to the children's advocacy center
;
in subparagraph (D)—
by striking investigative
and inserting forensic
; and
by striking social service
and inserting child protective service
;
by striking subparagraph (E);
by redesignating subparagraphs (F) through (J) as subparagraphs (E) through (I), respectively;
in subparagraph (E), as so redesignated, by striking counseling center
and inserting children’s advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services
;
in subparagraph (F), as so redesignated, by striking minimize the number of interviews that a child victim must attend
and inserting eliminate duplicative forensic interviews with a child victim
;
in subparagraph (G), as so redesignated, by striking multidisciplinary program
and inserting children's advocacy center
;
in subparagraph (H), as so redesignated, by inserting intervention and
before judicial proceedings
; and
in subparagraph (I), as so redesignated, by striking Director
and inserting Administrator
;
in subsection (d)—
by striking the Director
and inserting the Administrator
; and
by striking both large and small States
and inserting all States that are eligible for such grants, including large and small States,
; and
by adding at the end the following:
Grants to State chapters for assistance to local children's advocacy centers
In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide technical assistance, training, coordination, and oversight to other recipients of grants under this section in providing evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.
.
Grants for specialized technical assistance and training programs
Section 214A of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20305) is amended—
in subsection (a), by striking to attorneys
and all that follows and inserting the following:
to—
attorneys and other allied professionals instrumental to the criminal prosecution of child abuse cases in State or Federal courts, for the purpose of improving the quality of criminal prosecution of such cases; and
child abuse professionals instrumental to the protection of children, intervention in child abuse cases, and treatment of victims of child abuse, for the purpose of—
improving the quality of such protection, intervention, and treatment; and
promoting the effective delivery of the evidence-informed Children’s Advocacy Model and the multidisciplinary response to child abuse, including best practices in programmatic evaluation and financial oversight of Federal funding.
;
by striking subsection (b) and inserting the following:
Grantee organizations
Prosecutors
An organization to which a grant is made for specific training and technical assistance for prosecutors under subsection (a)(1) shall be one that has—
a broad representation of attorneys who prosecute criminal cases in State courts; and
demonstrated experience in providing training and technical assistance for prosecutors.
Child abuse professionals
An organization to which a grant is made for specific training and technical assistance for child abuse professionals under subsection (a)(2) shall be one that has—
a diverse portfolio of training and technical resources for the diverse professionals responding to child abuse, including a digital library to promote evidence-informed practice; and
demonstrated experience in providing training and technical assistance for child abuse professionals, especially law enforcement officers, child protective service workers, prosecutors, forensic interviewers, medical professionals, victim advocates, and mental health professionals.
; and
in subsection (c)(2), by inserting after shall require
the following: , in the case of a grant made under subsection (a)(1),
.
Authorization of appropriations
Section 214B of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20306) is amended—
in subsection (a), by striking sections 213 and 214
and all that follows and inserting the following: sections 213 and 214, $16,000,000 for each of fiscal years 2019 through 2023.
; and
in subsection (b), by striking section 214A
and all that follows and inserting the following: section 214A, $5,000,000 for each of fiscal years 2019 through 2023.
.
Accountability
Section 214C of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20307) is amended—
by striking All grants awarded
and inserting the following:
In general
All grants awarded
; and
by adding at the end the following:
Reporting
Not later than March 1 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that—
summarizes the efforts of the Administrator to monitor and evaluate the regional children's advocacy program activities under section 213(d);
describes—
the method by which amounts are allocated to grantees and subgrantees under this subtitle, including to local children’s advocacy centers, State chapters, and regional children’s advocacy program centers; and
steps the Attorney General has taken to minimize duplication and overlap in the awarding of amounts under this subtitle; and
analyzes the extent to which both rural and urban populations are served under the regional children’s advocacy program.
.
Technical and conforming amendments relating to title 34, United States Code
The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended—
in section 212(1) (34 U.S.C. 20302), by striking (42 U.S.C. 5611(b))
and inserting (34 U.S.C. 11111(b))
;
in section 214(c)(1) (34 U.S.C. 20304(c)(1)), by striking (42 U.S.C. 5665 et seq.)
and inserting (34 U.S.C. 11183, 11186)
;
in section 214A(c)(1) (34 U.S.C. 20305(c)(1)), by striking (42 U.S.C. 5665 et seq.)
and inserting (34 U.S.C. 11183, 11186)
;
in section 217(c)(1) (34 U.S.C. 20323(c)(1)), by striking (42 U.S.C. 5665 et seq.)
and inserting (34 U.S.C. 11183, 11186)
; and
in section 223(c) (34 U.S.C. 20333(c)), by striking (42 U.S.C. 5665 et seq.)
and inserting (34 U.S.C. 11183, 11186)
.
Immunity protections for reporters of child abuse
State plans
Section 106(b)(2)(B)(vii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(vii)) is amended to read as follows:
provisions for immunity from civil or criminal liability under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect;
.
Federal immunity
In general
Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance.
Presumption of good faith
In a Federal civil action or criminal prosecution brought against a person based on the person's reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith.
Costs
If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney's fees incurred by the defendant.
Speaker of the House of Representatives
Vice President of the United States and President of the Senate