Child Abuse Prevention, Adoption, and Family Services Act of 1988

(Conference report filed in House, H. Rept. 100-543)

Child Abuse Prevention, Adoption, and Family Services Act of 1988 - Title I: Child Abuse Prevention and Treatment Act - Amends the Child Abuse Prevention and Treatment Act to state that such Act may be cited as the Child Abuse Prevention and Treatment Act (the Act, for purposes of this title).

Directs the Secretary of Health and Human Services (Secretary) to appoint a Director of the National Center on Child Abuse and Neglect (Director) to be responsible only for the administration and operation of the Center and for the implementation of its functions. Requires that the Director have experience in the field of child abuse and neglect.

Directs the Secretary to require that professional staff of the Center have experience relating to child abuse and neglect. Requires the Secretary to justify, based on the Center's priorities and needs, the hiring of any professional staff member who does not have such experience.

Revises provisions relating to the Advisory Board on Child Abuse and Neglect (Board). Directs the Secretary to solicit nominations for the Board in the Federal Register. Directs the Secretary to appoint the Board, consisting of 15 members, each of whom is recognized for expertise in an area of child abuse. Requires that two of the members be members of the Inter-Agency Task Force on Child Abuse and Neglect.

Details the membership and meeting requirements and the terms of office applicable to the Board. Lists as the Board's duties: (1) the submission to the Secretary and the Congress of an annual report containing recommendations as to the implementation of this Act; (2) the submission to the Secretary and the Director of an annual report containing both long- and short-term recommendations concerning programs and priorities of grants and contracts; and (3) an annual review of and report to the Director on the Center's budget.

Directs the Secretary to establish an Inter-Agency Task Force on Child Abuse and Neglect (Task Force), to be appointed from among Federal agency employees and chaired by the Director. Directs the Secretary to request representation for the Task Force from Federal agencies with responsibility for programs and activities related to child abuse and neglect.

Lists as duties of the Task Force: (1) coordination of Federal efforts with respect to child abuse prevention and treatment programs; (2) encouragement of such programs and activities by other Federal agencies; (3) coordination of grant uses under various programs; (4) preparation and submission of a comprehensive coordination plan to the Board within 12 months after the enactment of this Act; and (5) coordination of adoption-related activities and development of Federal standards with respect to such activities under this Act. Requires the Task Force to meet at least three times each year and to submit a report to the Center and the Board at least biannually.

Directs the Secretary to establish a national clearinghouse for information relating to child abuse. Directs the Secretary to do so within two years after enactment of this Act either through the Center or through a competitive contract of at least three years' duration. Requires the Secretary, through such clearinghouse, to: (1) maintain, coordinate, and disseminate information on all public and private programs showing promise of success in child abuse prevention, identification, and treatment; and (2) maintain and disseminate certain statistics concerning the incidence and attributes of child abuse cases.

Directs the Secretary, in establishing the clearinghouse, to: (1) consult with other Federal agencies operating similar clearinghouses; (2) consult with the head of each agency represented on the Task Force on developing components for information collection and management of such clearinghouse; (3) develop a Federal data system; and (4) solicit public comment.

Broadens the scope of research to be conducted by the Secretary, through the Center, to include studies of: (1) investigative, administrative, and judicial procedures applicable to child abuse cases; and (2) the national incidence of child abuse and neglect.

Directs the Secretary, through the Center and as part of its research activities, to establish a national data collection and analysis program with respect to State child abuse and neglect reports. Requires the program to include: (1) standardized data on false, unfounded, or unsubstantiated reports; and (2) information on the number of deaths due to child abuse and neglect.

Directs the Secretary, through the Center, to: (1) annually compile and analyze research on child abuse and neglect and publish a summary of such research; (2) compile, evaluate, publish, and disseminate materials and information to assist State programs for investigating and prosecuting child abuse cases; (3) compile, publish, and disseminate training materials; and (4) establish model information collection systems.

Provides for technical assistance to agencies and organizations, including disability organizations and persons who work with children with handicaps, for programs and activities to prevent, identify, and treat child abuse and neglect.

Increases to five years the permitted duration of research and assistance grants.

Directs the Secretary to give special consideration to research grant applications for long-term projects.

Requires the Secretary to establish a formal peer review process for the evaluation of grant and contract applications. Provides for the appointment of peer review panels made up exclusively of experts in the field of child abuse and neglect. Sets out procedures to govern the evaluation, ranking, and approval of grant applications. Requires that the list of rankings after the application review process is completed be made available upon request to specified congressional committees.

Directs (current law authorizes) the Secretary, through the Center, to make grants to and enter into contracts with public agencies and private nonprofit organizations for demonstration or service programs and projects designed to prevent, identify, and treat child abuse and neglect. Requires the Secretary to provide, directly or through grants or contracts with public or private nonprofit organizations, for the establishment and maintenance of resource centers: (1) serving defined geographic areas; (2) staffed by multidisciplinary teams of personnel trained in the prevention, identification, and treatment of child abuse and neglect; and (3) providing advice and consultation to individuals, agencies, and organizations which request such services. Permits discretionary grants and contracts for: (1) training programs; (2) innovative projects and programs, including parent self-help (including a national program of demonstrated effectiveness), prevention and treatment of alcohol-and drug-related child abuse and neglect, and home health visitors; (3) educational identification, prevention, and treatment in cooperation with preschool and elementary and secondary schools; (4) respite and crisis nursery programs provided by community-based organizations (some under the direction and supervision of hospitals); (5) hospital-based information and referral services for parents of children with handicaps and for neglected or abused children and their parents; and (6) other innovative programs and projects.

Continues the program under which the Secretary, through the Center, is authorized to make grants to the States to assist them in strengthening and carrying out child abuse and neglect prevention and treatment programs. Requires States to include in their public information programs, information on efforts to encourage more accurate reporting.

Continues the program of grants to the States for programs relating to the investigation and prosecution of child abuse cases. Requires each recipient State to establish a State multidisciplinary task force (State task force), composed in part of representatives of parents' groups.

Directs the Secretary to consult with both the Inter-Agency Task Force and the Advisory Board in ensuring that a majority share of assistance under the Act is available for discretionary research and demonstration grants for prevention activities.

Requires biennial reports on coordination efforts. Requires a report on the effectiveness of State programs and technical assistance.

Revises definitions under the Act.

Includes the Northern Mariana Islands under the definition of State.

Extends through FY 1991 the authorization of appropriations to carry out the Child Abuse Prevention and Treatment Act. Earmarks certain amounts for specified activities. Provides that such funds shall remain available without fiscal year limitation.

Requires the Director to conduct studies of: (1) the incidence of child abuse in alcoholic families and the relationship between child abuse and familial alcoholism; (2) individual legal representation of children in child abuse or neglect cases in each State and the effectiveness of guardian-ad-litem and court-appointed special advocates; and (3) high-risk groups which have been historically underserved or unserved by programs relating to child abuse or neglect.

Establishes a National Commission on Child and Youth Deaths. Directs the Commission to study and evaluate comprehensively Federal, State, and local public and private resources which affect child and youth deaths and the effectiveness of programs, policies, systems, and efforts to prevent and identify such deaths. Directs the Commission to make recommendations with respect to: (1) a national policy designed to reduce and prevent child and youth deaths, including more accurate reporting systems and appropriate roles for the Federal Government, States, and local governments and the private sector; (2) changes needed within Federal laws and programs to achieve an effective Federal role in preventing such deaths; and (3) changes needed to improve national data collection with respect to deaths. Directs the Commission, within 12 months after its appointment, to report to the President and the appropriate congressional committees on information gathered, evaluations, and recommendations. Authorizes appropriations. Terminates the Commission 90 days after the date on which it transmits its report.

Title II: Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 to extend through FY 1991 the authorization of appropriations under the Adoption Opportunities programs provisions. Provides that such funds shall remain available without fiscal year limitation.

Authorizes appropriations for FY 1988 through 1991 for new programs for minority children placements and for post-legal adoption services, whenever the appropriations for the Adoption Opportunities programs exceed a specified level.

Directs the Secretary of Health and Human Services (the Secretary) to provide, directly or by grants or contracts, for programs aimed at increasing the number of minority children placed in adoptive families, with a specified emphasis on recruitment of and placement with minority families.

Directs the Secretary to provide, directly or by grants or contracts, for post-legal adoption services for families who have adopted special needs children.

Directs the Secretary to make grants for improving State efforts to increase the placement of foster care children legally free for adoption. Requires such grants program to include evaluation of innovations to improve placement of special needs children. Provides that such grant payments, up to a specified limit, shall begin in FY 1989, but can be made only if the Adoption Opportunities appropriations exceed a specified level.

Title III: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to extend through FY 1991 the authorization of appropriations under such Act. Provides that such funds shall remain available without fiscal year limitation.

Removes the three-year limit on grants for shelters.

Establishes a program under which the Secretary will make information and training demonstration grants to local law enforcement agencies, acting with domestic violence shelters, social service agencies, and hospitals, for: (1) the development of materials, to be given to an abused family member, describing the rights of and services available to such abused persons; (2) the development of procedures to enable appropriate personnel to provide an abused family member with a written report of the injury; and (3) the development of systems whereby domestic violence shelter or local social service personnel, with the consent of the abused family member, may obtain from local law enforcement personnel information relating to the abuse. Requires that such procedures guarantee the confidentiality of the records maintained.

Directs the Secretary to: (1) develop data on the individual characteristics relating to family violence; (2) provide for the objective documentation of data on victims of such violence and their dependents; and (3) assure that procedures will be developed to guarantee the confidentiality of records pertaining to any individual for whom such data is compiled.

Title IV: Administrative Provisions - Directs the Secretary to promulgate rules and regulations to implement this Act. Requires publication of any proposed regulation and an opportunity for public comment.