To amend Family Violence Prevention and Services Act to reduce the impact of domestic violence, sexual assault, and stalking on the lives of youth and children and to provide appropriate services for children and youth experiencing or exposed to domestic violence, sexual assault, or stalking.

October 2, 2001

Mr. WELLSTONE (for himself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend Family Violence Prevention and Services Act to reduce the impact of domestic violence, sexual assault, and stalking on the lives of youth and children and to provide appropriate services for children and youth experiencing or exposed to domestic violence, sexual assault, or stalking.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Children Who Witness Domestic Violence Act'.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) Domestic violence and sexual assault occur frequently in the United States. 1,500,000 women are raped or physically assaulted by an intimate partner annually in the United States, and 1 in 4 women in the United States will experience domestic violence or sexual assault in her lifetime.

(2) At least 3,300,000 children in the United States are exposed to parental violence every year.

(3) Child abuse and domestic violence often occur within the same families. Because of this overlap, cross-training for child welfare workers, courts, law enforcement, prosecutors, and domestic violence and sexual assault victim service providers is essential.

(4) Forty to 60 percent of men who abuse women also abuse children.

(5) In 43 percent of households where intimate violence occurs, at least 1 child under the age of 12 lives in the home. Domestic violence has been shown to occur disproportionately in homes with children under age 5.

(6) In most States, more than 50 percent of the residents in battered women's shelters are children.

(7) As many as 500,000 children may be encountered by police during domestic violence arrests each year.

(8) Children who live in homes where domestic violence occurs are at a higher risk of anxiety and depression, and exhibit more aggressive, antisocial, inhibited, and fearful behaviors than other children.

(9) Children's experiences vary widely as the result of their exposure to domestic violence depending on their family situations, community environment, and the child's own personality. Children need comprehensive services that serve the continuum of their individual needs.

(10) Adolescents who have grown up in violent homes are at risk for recreating the abusive relationships they have observed. Forty percent of violent juvenile offenders come from homes where there is domestic violence, and 50 percent of children who come before delinquency court have been exposed to violence in the home.

(11) Men who as children witnessed their parent's domestic violence are twice as likely to abuse their own wives as are sons of nonviolent parents. One-third of women who are physically abused by a husband or boyfriend grew up in a household where their mother was also abused.

(12) The most successful strategies for dealing with the overlap between domestic violence and child abuse are those that provide for the safety of both the children and the nonabusing parent.

(13) Recent studies show that battered women parent effectively and attend to their children's needs.

(14) In a major metropolitan area, 80 percent of surveyed battered women with children reported that they and their children were safe and together as a family after receiving domestic violence advocacy services. In contrast, the rate of substantiated cases of sexual abuse in foster care is more than 4 times higher than the rate in the general population.

SEC. 3. PURPOSE.

The purpose of this Act is to--

(1) reduce the impact of domestic violence, sexual assault, and stalking in the lives of youth and children;

(2) provide appropriate services for children and youth experiencing or exposed to domestic violence, sexual assault, and stalking;

(3) develop and implement education programs to prevent children and youth from becoming victims or perpetrators of domestic violence, sexual assault, or stalking;

(4) encourage cross training and collaboration among child welfare agencies, domestic violence and sexual assault service providers, courts, law enforcement entities, health care professionals, crisis nurseries, and other social services to recognize and responsibly address domestic violence and sexual assault and the effects of domestic violence on children and youth;

(5) promote the safety of children and youth by increasing the safety, autonomy, capacity, and financial security of the nonabusing parents who are also victims of domestic violence and sexual assault so that they may remain safely together, thereby preventing the unnecessary and harmful removal of the child or youth from the nonabusing parent; and

(6) ensure the effective handling of cases where domestic violence or sexual assault and child abuse and neglect intersect in such a way that--

(A) holds the adult perpetrator of violence accountable;

(B) assures the safety and well-being of both the child and the child's nonabusing parent; and

(C) prevents the unnecessary and harmful removal of the child from the nonabusing parent thereby increasing the child's chance to heal.

SEC. 4. DEFINITIONS.

Section 309 of the Family Violence Prevention and Services Act (42 U.S.C. 10408) is amended by adding at the end the following:

`(1) The term `dating violence' means violence committed by a person--

`(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

`(B) where the existence of such a relationship shall be determined based on a consideration of--

`(i) the length of the relationship;

`(ii) the type of relationship; and

`(iii) the frequency of interaction between the persons involved in the relationship.

`(2) The term `domestic violence' includes acts or threats of violence, not including acts of self-defense, committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim, by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

`(3) The term `sexual assault' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known to the victim or related by blood or marriage to the victim.

`(4) The term `stalking' means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear death, sexual assault, or bodily injury to such person or a member of such person's immediate family, when the person engaging in such conduct has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death, sexual assault, or bodily injury to such person or a member of such person's immediate family and when the conduct induces fear in the specific person of death, sexual assault, or bodily injury to such person or a member of such person's immediate family.'.

SEC. 5. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) is amended by adding at the end the following:

`SEC. 320. SERVICES FOR CHILDREN EXPOSED TO DOMESTIC VIOLENCE.

`(a) GRANTS AUTHORIZED- The Secretary, acting through the Director of Community Services of the Administration for Children and Families, may award competitive grants to eligible entities to enable such entities to conduct programs to serve children who have been exposed to domestic violence.

`(b) ELIGIBLE GRANTEES- To be eligible to receive a grant under this section, an entity shall--

`(1) meet the requirements of section 303(a)(2)(A) or section 303(b)(1); and

`(2) have in place, and describe in its application, policies and procedures that--

`(A) enhance or ensure the safety and security of a battered parent or caregiver, and as a result, the child of the parent; and

`(B) ensure that all services are provided in a developmentally appropriate and culturally competent manner.

`(c) USE OF FUNDS-

`(1) IN GENERAL- An entity that receives a grant under this section shall use amounts provided under the grant to design or replicate, and implement, programs and services using domestic violence intervention models to respond to the needs of children who are exposed to domestic violence and whose parent or caregiver is a victim of domestic violence and who is receiving services from such entity. Such a program--

`(A) shall be a new program or service, or new component of an existing program or service not currently offered by the entity;

`(B) shall provide direct counseling and advocacy for children who have been exposed to domestic violence;

`(C) may include early childhood and mental health services;

`(D) may assist in legal advocacy efforts on behalf of children with respect to issues related directly to services the children are receiving from the program;

`(E) may include respite care, supervised visitation, and specialized services for children; and

`(F) may use not more than 25 percent of the grant funds to contract with others to provide additional services and resources for children including child care, transportation, educational support, respite care, supervised visitation, and access to specialized services for children.

`(2) CONFIDENTIALITY- Programs developed and implemented under paragraph (1) shall ensure the safety and confidentiality of child and adult victims in a manner that is consistent with applicable Federal and State laws.

`(d) APPLICATION- To be eligible to receive a grant under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

`(e) TERM AND AMOUNT-

`(1) TERM- The Secretary shall make the grants under this section for a period of not more than 3 fiscal years.

`(2) AMOUNT- Each grant awarded under this section shall be in an amount of not less than $50,000 per year and not more than $300,000 per year.

`(f) EVALUATION, MONITORING, ADMINISTRATION, AND TECHNICAL ASSISTANCE- Of the amount appropriated under subsection (j) for each fiscal year, not more than 4 percent shall be used by the Secretary for evaluation, monitoring, administrative, and technical assistance costs under this section.

`(g) EQUITABLE DISTRIBUTION- In awarding grants under subsection (a), the Secretary shall ensure an equitable geographic distribution to State, local, and tribal programs working in throughout the United States in rural, urban, and suburban areas.

`(h) UNDERSERVED POPULATIONS- In awarding grants under subsection (a), the Secretary shall--

`(1) consider the needs of underserved populations as defined by section 2003(7) of part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and

`(2) from the amounts made available under subsection (j), award not less than 10 percent of such amounts for the funding of tribal programs as defined in section 303(b)(1).

`(i) ANNUAL REPORTS- An entity receiving a grant under this section shall annually submit to the Secretary a report that describes, at a minimum--

`(1) how the funds under the grant were used;

`(2) the extent to which underserved populations were reached;

`(3) the adequacy of staff training and agency services to ensure that children's needs are addressed properly;

`(4) the adequacy of the physical arrangements for meeting children's needs; and

`(5) the existence of continuing barriers the entity faces to more fully addressing children's needs.

`(j) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2002 through 2006.

`(2) AVAILABILITY- Funds appropriated under paragraph (1) shall remain available until expended.'.

SEC. 6. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL CHILDREN.

Subpart 2 of part A of title IV of the Elementary and Secondary Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following:

`SEC. 4125. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL CHILDREN.

`(a) GRANTS AUTHORIZED-

`(1) AUTHORITY- The Secretary is authorized to award grants and contracts to elementary schools and secondary schools that work with experts to enable the elementary schools and secondary schools--

`(A) to provide training to school administrators, faculty, and staff, with respect to issues concerning children experiencing domestic violence in dating relationships and witnessing domestic violence, and the impact of the violence described in this subparagraph on children;

`(B) to provide educational programming to students regarding domestic violence and the impact of experiencing or witnessing domestic violence on children;

`(C) to provide support services for students and school personnel for the purpose of developing and strengthening effective prevention and intervention strategies with respect to issues concerning children experiencing domestic violence in dating relationships and witnessing domestic violence, and the impact of the violence described in this subparagraph on children; and

`(D) to develop and implement school system policies regarding appropriate, safe responses identification and referral procedures for students who are experiencing or witnessing domestic violence.

`(2) AWARD BASIS- The Secretary shall award grants and contracts under this section--

`(A) on a competitive basis; and

`(B) in a manner that ensures that such grants and contracts are equitably distributed throughout a State among elementary schools and secondary schools located in rural, urban, and suburban areas in the State.

`(3) POLICY DISSEMINATION- The Secretary shall disseminate to elementary schools and secondary schools any Department of Education policy guidance regarding the prevention of domestic violence and the impact of experiencing or witnessing domestic violence on children.

`(b) USES OF FUNDS- Funds provided under this section may be used for the following purposes:

`(1) To provide training for elementary school and secondary school administrators, faculty, and staff that addresses issues concerning elementary school and secondary school students who experience domestic violence in dating relationships or witness domestic violence, and the impact of such violence on the students.

`(2) To provide education programs for elementary school and secondary school students that are developmentally appropriate for the students' grade levels and are designed to meet any unique cultural

and language needs of the particular student populations.

`(3) To develop and implement elementary school and secondary school system policies regarding appropriate, safe responses identification and referral procedures for students who are experiencing or witnessing domestic violence.

`(4) To provide the necessary human resources to respond to the needs of elementary school and secondary school students and personnel who are faced with the issue of domestic violence, such as a resource person who is either on-site or on-call, and who is an expert.

`(5) To provide media center materials and educational materials to elementary schools and secondary schools that address issues concerning children who experience domestic violence in dating relationships and witness domestic violence, and the impact of the violence described in this paragraph on the children.

`(6) To conduct evaluations to assess the impact of programs and policies assisted under this section in order to enhance the development of the programs.

`(c) CONFIDENTIALITY- Policies, programs, training materials, and evaluations developed and implemented under subsection (b) shall address issues of safety and confidentiality for the victim and the victim's family in a manner consistent with applicable Federal and State laws.

`(d) APPLICATION-

`(1) IN GENERAL- To be eligible to be awarded a grant or contract under this section for any fiscal year, an elementary school or secondary school, in consultation with an expert, shall submit an application to the Secretary at such time and in such manner as the Secretary shall prescribe.

`(2) CONTENTS- Each application submitted under paragraph (1) shall--

`(A) describe the need for funds provided under the grant or contract and the plan for implementation of any of the activities described in subsection (b);

`(B) describe how the experts shall work in consultation and collaboration with the elementary school or secondary school; and

`(C) provide measurable goals for and expected results from the use of the funds provided under the grant or contract.

SEC. 7. GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD WELFARE AGENCIES, DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICE PROVIDERS, THE COURTS AND LAW ENFORCEMENT AGENCIES.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 5, is further amended by adding at the end the following:

`SEC. 321. GRANTS FOR TRAINING AND COLLABORATION AMONG CHILD WELFARE AGENCIES, DOMESTIC VIOLENCE AND SEXUAL ASSAULT SERVICE PROVIDERS, THE COURTS, AND LAW ENFORCEMENT AGENCIES.

`(a) PURPOSE- It is the purpose of this section to--

`(1) encourage cross training and collaboration between child welfare agencies and domestic violence and sexual assault service providers and, where applicable, the courts and law enforcement agencies to identify, assess, and respond appropriately to domestic violence or sexual assault in homes where children are present and may be exposed to the violence, to domestic violence or sexual assault in child protection cases, and to the needs of both child and adult victims of domestic violence and sexual assault;

`(2) establish and implement policies, procedures, and practices in child welfare agencies, domestic violence or sexual assault service programs and, where applicable, juvenile, family or other trial courts with jurisdiction over child maltreatment and domestic violence cases (referred to in this section as the `courts'), and law enforcement agencies that are consistent with the principles of--

`(A) protecting children;

`(B) increasing the safety and well-being of children, by--

`(i) tending to their immediate and longer term needs for treatment and support;

`(ii) increasing the safety of parents of children who are not the perpetrators of domestic violence and sexual assault (referred to in this section as the `nonabusing parent');

`(iii) supporting the autonomy, capacity, and financial security of the nonabusing parents of children who are also the victims of domestic violence or sexual assault (referred to in this section as `adult victims');

`(iv) protecting the safety, security and well being of the child by preventing the unnecessary removal of the child from the nonabusing parent; and

`(v) in cases where removal of the child is necessary to protect the child's safety, taking the necessary steps to provide appropriate services to the child and the nonabusing parent to promote the safe and appropriately prompt reunification of the child with the nonabusing parent;

`(C) recognizing--

`(i) the relationship between child abuse and neglect, including child sexual abuse, and domestic violence and sexual assault in families;

`(ii) the impact of the perpetrator's behavior on child and adult victims of domestic violence and sexual assault;

`(iii) the dangers posed to both child and adult victims of domestic violence and sexual assault;

`(iv) the physical, emotional, and developmental impact of domestic violence

and sexual assault on child and adult victims;

`(v) the physical, emotional, and financial needs of adult victims of domestic violence and sexual assault; and

`(vi) the need to hold adult perpetrators of domestic violence and sexual assault accountable for their abusive behaviors to provide appropriate services to reduce risks to child and adult victims of domestic violence or sexual assault;

`(D) in the case of training for court personnel and law enforcement, holding adult perpetrators of domestic violence, sexual assault, and child abuse and neglect, not the child and adult victims of domestic violence, sexual assault, and child abuse and neglect, accountable for stopping abusive behaviors; and

`(3) increase cooperation and enhance linkages between child welfare agencies, domestic violence and sexual assault service providers, juvenile, family or other trial courts with jurisdiction over child maltreatment and domestic violence cases, and law enforcement agencies to protect and more comprehensively and effectively serve both child and adult victims of domestic violence and sexual assault, and to engage where necessary other entities addressing the safety, health, mental health, social service, housing and economic needs of child and adult victims of domestic violence and sexual assault, including community-based supports such as schools, local health centers, community action groups, and neighborhood coalitions.

`(b) GRANT AUTHORITY-

`(1) IN GENERAL- The Secretary shall make grants to eligible entities to enable the entities to jointly carry out cross training and other initiatives to promote collaboration that seeks to carry out the purposes of this section.

`(2) GRANT PERIODS- Grants shall be awarded under paragraph (1) for a period of 3 years.

`(3) ELIGIBLE ENTITIES- To be eligible to receive a grant under this section, a grant applicant shall establish a partnership that--

`(A) shall include--

`(i) a State child welfare agency, an Indian tribal organization that serves as a child welfare agency, or a local child welfare agency; and

`(ii) a domestic violence or sexual assault service provider, such as--

`(I) a State, local, or tribal domestic violence or sexual assault coalition; or

`(II) another private non-profit organization such as a community-based domestic violence or sexual assault program that is concerned with domestic violence or sexual assault and has a documented history of effective work concerning domestic violence or sexual assault and the impact domestic violence or sexual assault has on children; and

`(B) may include--

`(i) a State or local juvenile, family, or other trial court with jurisdiction over child maltreatment and domestic violence cases; or

`(ii) a State or local law enforcement agency with responsibility for responding to reports of domestic violence or sexual assault or child abuse and neglect.

`(c) USES OF FUNDS- An entity that receives a grant under this section shall use the funds made available through the grant for cross-training and collaborative efforts, consistent with the principles described in subsection (a)(2), including--

`(1) to educate the staff of child welfare agencies and domestic violence and sexual assault service providers, and, as applicable, the staff of courts and law enforcement agencies to responsibly address domestic violence and sexual assault (recognizing it as a serious problem that threatens both its child and adult victims), and to understand--

`(A) domestic violence and sexual assault and their effects on children and adults;

`(B) child abuse and neglect and its effects on children; and

`(C) child welfare policies that affect child and adult victims of domestic violence and sexual assault;

`(2) to ensure the effective handling of cases where domestic violence or sexual assault and child abuse and neglect intersect so as to--

`(A) assure the safety and well-being of both the child and the nonabusing parent;

`(B) prevent the unnecessary removal of the child from the nonabusing parent, and, when removal is necessary to protect the child's safety;

`(C) promote the delivery of appropriate services to the child and to the nonabusing parent; and

`(D) facilitate the safe and appropriately prompt reunification of the child with the nonabusing parent through the development and implementation of policies, procedures, and programs that are consistent with the purposes of this section;

`(3) to identify and assess, and respond appropriately to, domestic violence or sexual assault in child protection cases and the needs of child victims of abuse and neglect in domestic violence or sexual assault cases;

`(4) to ensure that child welfare agencies and domestic violence and sexual assault service providers will not be required to share confidential information with one another about families receiving services except as required by law or with the informed, written consent of the adult victim being served;

`(5) to provide appropriate resources in child abuse and neglect cases to respond to domestic violence and sexual assault, including developing a service plan and providing other appropriate services and interventions that ensure the safety of both the child and adult victims of the domestic violence and sexual assault;

`(6) to establish and enhance linkages and collaboration between child welfare agencies, domestic violence or sexual assault service providers and, where applicable, State or local juvenile, family, or other trial courts with jurisdiction over child maltreatment and domestic violence cases, law enforcement agencies, and other entities addressing the safety, health, mental health, social service, housing, and economic needs of child and adult victims of domestic violence and sexual assault, including community-based supports such as schools, local health centers, community action groups, and neighborhood coalitions to--

`(i) respond effectively and comprehensively to the varying needs of child and adult victims of domestic violence and sexual assault to prevent child and adult victims from having to turn to child welfare agencies for assistance;

`(ii) include linguistically and culturally appropriate services and linkages to existing services; and

`(iii) include at least the following services where appropriate:

`(I) Appropriate referrals to community-based domestic violence programs and sexual assault victim service providers with the capacities to support adult victims of domestic violence or sexual assault who are parents of children who have been abused or neglected or are at risk of being abused or neglected.

`(II) Emergency shelter and transitional housing for adult victims of domestic violence or sexual assault and their children.

`(III) Legal assistance and advocacy for victims of domestic violence or sexual assault including, when appropriate, assistance in obtaining and entering orders of protection.

`(IV) Support and training to assist parents to help their children cope with the impact of domestic violence or sexual assault.

`(V) Programs to help children who have been exposed to domestic violence or sexual assault.

`(VI) Intervention and treatment for adult perpetrators of domestic violence or sexual assault whose children are the subjects of child protection cases to promote the safety and well-being of the children, and appropriate coordination of such treatment with the juvenile, family, and criminal courts, and law enforcement agencies with which the perpetrators are involved.

`(VII) Health, mental health, and other necessary supportive services.

`(VIII) Assistance to obtain housing and necessary economic supports.

`(d) APPLICATION- To be eligible to receive a grant under this section, the entities that are members of the applicant partnership described in subsection (b)(3), shall jointly submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall--

`(1) outline the specific training and other activities that will be undertaken under the grant to promote collaboration;

`(2) describe how the training and other activities described in subsection (c) will help achieve the purposes of this section;

`(3) identify the agencies and providers that will be responsible for carrying out the initiatives for which the entities seek the grant;

`(4) include documentation from child welfare agencies and domestic violence and sexual assault victims service providers, and where applicable, State or local juvenile, family, or other trial courts with jurisdiction over child maltreatment and domestic violence cases, and law enforcement agencies that have been involved in the development of the application;

`(5) describe the ongoing involvement of child welfare and domestic violence and sexual assault victims service providers (including a description of their roles as subcontractors, and documentation of appropriate compensation, if relevant) and, where applicable, courts and law enforcement agencies, in the development of the training policies, procedures, programs, and practices described in subsection (c)(1); and

`(6) provide assurances that activities described in subsection (c) will--

`(A) be provided to child welfare staff, including line staff, supervisors, and administrators, and be provided first to staff responsible for investigation, follow-up, screening, intake, assessment, and provision of services; and

`(B) be conducted jointly with child welfare agency staff, staff from community-based domestic violence programs and sexual assault crisis centers and where applicable, courts and law enforcement agencies;

`(C) comply with the principles described in subsection (a)(2); and

`(D) address--

`(i) the dynamics and lethality of domestic violence and sexual assault, the impact of domestic violence and sexual assault on children exposed to domestic violence and sexual assault, the impact of domestic violence and sexual assault on adult victims, and the relationship of domestic violence and sexual assault to child abuse and neglect;

`(ii) screening for domestic violence and sexual assault and assessing danger to the child and adult victims of domestic violence and sexual assault;

`(iii) applicable Federal, State, and local laws pertaining to child abuse and neglect and domestic violence and sexual assault;

`(iv) the safety needs of child and adult victims of child abuse and neglect or domestic violence, or sexual assault and appropriate interventions for the child and adult victims that protect their the safety, including appropriate services and treatment for children and the nonabusing parent to prevent the unnecessary removal of children from the nonabusing parent, and to promote prompt reunification if removal becomes necessary of both types of victims and give appropriate consideration to preserving the safety of family members not responsible for the child abuse or neglect;

`(v) appropriate interventions for adult perpetrators of domestic violence to reduce the risk of further violence toward child and adult victims of domestic violence and sexual assault which emphasize perpetrator accountability;

`(vi) appropriate supervision of child welfare staff working with families in which there has been domestic violence and sexual assault, including supervision relating to issues involving the safety of the child and adult victims and of the staff;

`(vii) the confidentiality needs of the child and adult victims, consistent with laws requiring mandatory reporting of child abuse and neglect; and

`(viii) develop child protection case plans that recognize the need to protect the safety of the child and of the adult victim and to hold adult perpetrators, not victims, responsible for stopping domestic violence and sexual assault.

`(f) PRIORITY- In awarding grants under this section, the Secretary shall give priority to entities that have submitted applications in partnership with State or local juvenile, family, or other trial courts with jurisdiction over child maltreatment and domestic violence cases, and law enforcement agencies.

`(g) REPORTING, AND DISSEMINATION OF INFORMATION-

`(1) REPORTS- Each of the entities that are members of the applicant partnership described in subsection (b)(3), that receive a grant under this section shall jointly annually prepare and submit to the Secretary a report detailing the activities that the entities have undertaken under the grant and such additional information as the Secretary shall require. At a minimum, such report shall address the nature of the cross-training and other activities to promote collaboration among child welfare agencies, domestic violence or sexual assault service providers, and where applicable, State or local juvenile, family, or other trial courts with jurisdiction over child maltreatment and domestic violence cases and law enforcement agencies that were undertaken with such grants and examples of enhanced collaboration that has occurred to better protect both child and adult victims of child abuse and domestic violence or sexual assault.

`(2) DISSEMINATION OF INFORMATION- Not later then 9 months after the end of the grant period under this section, the Secretary shall distribute to all State child welfare agencies, domestic violence or sexual assault victim service providers, and where applicable, State or local juvenile, family, or other trial courts with jurisdiction over child maltreatment and domestic violence cases, law enforcement agencies, and Congress summaries that contain information on--

`(A) the activities implemented by the recipients of the grants; and

`(B) related initiatives undertaken by the Secretary to promote attention by the staff of child welfare agencies, domestic violence or sexual assault service providers and where applicable, courts and law enforcement agencies to domestic violence and sexual assault and their impact on both child and adult victims.

`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section, $15,000,000 in each of fiscal years 2002 through 2004, and $25,000,000 in each of fiscal years 2005 and 2006.'.

SEC. 8. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO HAVE BEEN EXPOSED TO DOMESTIC VIOLENCE.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 6, is further amended by adding at the end the following:

`SEC. 322. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO HAVE BEEN EXPOSED TO DOMESTIC VIOLENCE.

`(a) GRANTS AUTHORIZED- The Secretary, acting through the Director of Community Services of the Administration for Children and Families, may award grants to eligible entities to enable such entities to conduct programs to encourage the development and use of multisystem intervention models that respond to the needs of children who have been exposed to domestic violence.

`(b) ELIGIBLE ENTITIES- To be eligible to receive a grant under this section, an entity shall--

`(1) be a nonprofit private organization;

`(2)(A) demonstrate recognized expertise in the area of domestic violence and the impact of domestic violence on children; or

`(B) have entered into a memorandum of understanding regarding the intervention program to be established under the grant and the role of the entity in the program with--

`(i) the appropriate State or tribal domestic violence coalition; and

`(ii) entities carrying out domestic violence programs that provide shelter or related assistance in the locality in which the intervention program will be operated and that have an understanding of its effects on children;

`(3)(A) demonstrate a recognized expertise in child mental health services; or

`(B) have entered into a memorandum of understanding regarding the intervention program to be established under the grant with providers that have expertise in child mental health to ensure that children of all ages have access to appropriate mental health services; and

`(4) demonstrate a history of providing advocacy, health care, mental health, or other crisis-related services to children.

`(c) USE OF FUNDS- An entity that receives a grant under this section shall use amounts provided under the grant to design or replicate, and implement, multisystem intervention models to respond to the needs of children exposed to domestic violence. Such activities shall--

`(1)(A) involve collaborative partnerships with--

`(i) local entities carrying out domestic violence programs that provide shelter or related assistance or have expertise in the field of providing services to victims of domestic violence and an understanding of its effects on children; and

`(ii) other partners including courts, schools, social service providers, health care providers, police, early childhood agencies, entities carrying out Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.), or entities carrying out child protection, welfare, job training, housing, battered women's service, or children's mental health programs; and

`(B) be carried out to design and implement protocols and systems to identify, and appropriately respond to the needs of children who have been exposed to domestic violence and who participate in programs administered by the partners;

`(2) establish or implement guidelines to evaluate the needs of a child and make appropriate intervention recommendations;

`(3) include the development or replication of a mental health treatment model to meet the needs of children for whom such treatment has been identified as appropriate;

`(4) establish or implement institutionalized procedures to enhance or ensure the safety and security of a battered parent, and as a result, the child of the parent;

`(5) provide direct counseling and advocacy for adult victims of domestic violence and their children who have been exposed to domestic violence;

`(6) establish or implement policies and protocols for maintaining the confidentiality of the battered parent and child;

`(7) provide community outreach and training to enhance the capacity of professionals who work with children to appropriately identify and respond to the needs of children who have been exposed to domestic violence;

`(8) establish procedures for documenting interventions used for each child and family;

`(9) establish plans to perform a systematic outcome evaluation to evaluate the effectiveness of the interventions;

`(10) ensure that all services are provided in a culturally competent manner; and

`(11) provide remuneration to local domestic violence services organizations who are asked to join collaborations.

`(d) APPLICATION- To be eligible to receive a grant under this section, an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

`(e) TERM AND AMOUNT- A grant awarded under this section shall be awarded for a term of 3 years and in an amount of not more than $500,000 for each such year.

`(f) TECHNICAL ASSISTANCE- Not later than 90 days after the date of enactment of this section, the Secretary shall identify successful programs that provide multisystem and mental health interventions to address the needs of children who have been exposed to domestic violence. Not later than 60 days before the Secretary solicits applications for grants under this section, the Secretary shall enter into an agreement with 1 or more entities carrying out the identified programs to provide technical assistance to applicants and recipients of such grants. The Secretary may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (g) to provide such technical assistance.

`(g) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2002 through 2006.

`(2) AVAILABILITY- Amounts appropriated under paragraph (1) shall remain available until expended.'.

SEC. 9. CRISIS NURSERY DEMONSTRATION GRANTS PROGRAM.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 8, is further amended by adding at the end the following:

`SEC. 323. CRISIS NURSERY DEMONSTRATION GRANT PROGRAMS.

`(a) AUTHORITY TO ESTABLISH DEMONSTRATION GRANT PROGRAMS- The Secretary may establish demonstration programs under which grants are awarded to States to assist private nonprofit and public agencies and organizations in providing crisis nurseries for children who are abused and neglected, are at risk of abuse and neglect, are in families experiencing domestic violence, or are in families receiving child protective services.

`(b) ASSURANCES FOR TRAINING IN DOMESTIC VIOLENCE-

`(1) IN GENERAL- Private nonprofit and public agencies and organizations who receive funds under this section shall provide assurances to the Secretary that personnel working with children and families in crisis nurseries receive or have received training in domestic violence, the impact of domestic violence on children, appropriate procedures for maintaining the safety and security of victims of domestic violence and their children, and appropriate procedures for maintaining the confidentiality of both child and adult victims of domestic violence utilizing the services of crisis nurseries.

`(2) TRAINING REQUIREMENT- Training required under paragraph (1) shall be conducted in consultation with State, local, or tribal domestic violence coalitions or other private nonprofit organizations such as a community-based domestic violence program that has a documented history of serving both child and adult victims of domestic violence.

`(c) COORDINATION- An applicant for a grant under this section shall demonstrate how activities funded under this section will be coordinated with other crisis nursery activities funded under section 201 of the Child Abuse Prevention and Treatment Act.

`(d) REPORTING- A recipient of a grant under this section shall annually report on the crisis nursery activities funded under this grant. At a minimum, such a report shall describe--

`(1) the number of children and families served through crisis nursery activities established under the grant;

`(2) the nature and extent of the crisis nursery activities;

`(3) the percentage of children served by the crisis nursery activities established under the grant who are from families experiencing domestic violence;

`(4) the type of domestic violence training provided to crisis nursery staff and the nature and extent of training coordination with local domestic violence service providers;

`(5) the nature and extent of other Federal and State funding sources used to support the services of the crisis nursery;

`(6) the gaps between the service needs of the crisis nursery and the current capacity of crisis nurseries to serve children and families; and

`(7) outcome evaluation data on the effectiveness of crisis nursery activities, if available.

`(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2002 through 2006.'.

SEC. 10. RESEARCH AND DATA COLLECTION ON THE IMPACT OF DOMESTIC VIOLENCE ON CHILDREN.

The Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.), as amended by section 9, is further amended by adding at the end the following:

`SEC. 324. RESEARCH AND DATA COLLECTION ON THE IMPACT OF DOMESTIC VIOLENCE ON CHILDREN.

`(a) GRANTS- The Secretary, acting through the Assistant Secretary for Children and Families, may award competitive grants to eligible entities to enable such entities to conduct research and data collection activities concerning the impact of domestic violence on children.

`(b) ELIGIBLE ENTITIES- To be eligible to receive a grant under this section, an entity shall be an institution of higher education or another nonprofit organization (such as a research entity, hospital, or mental health institution), with documented experience with research or data collection concerning the impact of domestic violence on children.

`(c) USE OF FUNDS- An entity that receives a grant under this section shall use amounts provided under the grant to conduct new or expand current research or data collection--

`(1) on the prevalence of childhood exposure to domestic violence and the effects of the exposure in child and adult victims;

`(2) on the co-occurrence of domestic violence, and child abuse or neglect;

`(3) on linkages between children's exposure to domestic violence and violent behavior in youth and adults;

`(4) that evaluates new or existing treatments aimed at children exposed to domestic violence;

`(5) on the prevalence of childhood exposure to domestic violence for Native American children;

`(6) on the effects and benefits of keeping children with their nonabusive parent and providing coordinated services to both;

`(7) on the role of children's resilience and other factors that help mitigate the effects of exposure to domestic violence; and

`(8) on related matters, if the research or data collection directly addresses the impact of domestic violence on children.

`(d) TERM AND AMOUNT- The Secretary shall award grants under this section for terms of 3 years and in amount of not more than $500,000 for each such year.

`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2002 through 2004, and $5,000,000 for each of fiscal years 2005 and 2006.'.

END