text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Speak Up to Protect Every Abused Kid 
  Act''.
  
  SEC. 2. CHILD ABUSE AND NEGLECT.
  
      Section 3(2) of the Child Abuse Prevention and Treatment Act (42 
  U.S.C. 5101 note) is amended to read as follows:
              ``(2) the term `child abuse or neglect' means, at a 
          minimum--
                      ``(A) any recent act or failure to act, on the part 
                  of a parent or caretaker, that results in death, 
                  serious physical or emotional harm, or sexual abuse or 
                  exploitation, or an act or failure to act that presents 
                  an imminent risk of serious harm; or
                      ``(B) any deliberate act, on the part of an 
                  individual other than a parent or caretaker, that 
                  results in death, serious physical or emotional harm, 
                  or sexual abuse or exploitation, or that presents an 
                  imminent risk of serious harm to a child.''.
  
  SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.
  
      The Child Abuse Prevention and Treatment Act is amended by 
  inserting after section 103 (42 U.S.C. 5104) the following:
  
  ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.
  
      ``(a) In General.--The Secretary shall make grants to eligible 
  entities to carry out educational campaigns and provide training 
  regarding State laws for mandatory reporting of incidents of child 
  abuse or neglect.
      ``(b) Guidance and Information on Best Practices.--The Secretary 
  shall develop and disseminate guidance and information on best 
  practices for--
              ``(1) educational campaigns to educate members of the 
          public about--
                      ``(A) the acts and omissions that constitute child 
                  abuse or neglect under State law;
                      ``(B) the responsibilities of adults to report 
                  suspected and known incidents of child abuse or neglect 
                  under State law; and
                      ``(C) the ways in which adults can respond to help 
                  children and families without such reporting in a case 
                  in which the circumstances do not constitute child 
                  abuse or neglect under State law but the child or 
                  family needs assistance to prevent such circumstances 
                  from deteriorating so as to constitute child abuse or 
                  neglect; and
              ``(2) training programs to improve such reporting by 
          adults, with a focus on adults who work with children in a 
          professional or volunteer capacity.
      ``(c) Applications.--To be eligible to receive a grant under this 
  section, an entity shall submit an application to the Secretary at such 
  time, in such manner, and containing such information as the Secretary 
  may require. In determining whether to make a grant under this section, 
  the Secretary shall determine whether the educational campaign or 
  training proposed by the entity uses practices described in the 
  guidance and information developed under subsection (b).
      ``(d) Use of Funds.--An entity that receives a grant under this 
  section shall use the funds made available through the grant to carry 
  out an educational campaign, or provide training, described in 
  subsection (b).
      ``(e) Authorization of Appropriations.--There is authorized to be 
  appropriated to carry out this section $5,000,000 for fiscal year 2012 
  and $10,000,000 for each of fiscal years 2013 through 2016.''.
  
  SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND 
                TREATMENT PROGRAMS.
  
      Section 106(b)(2)(B) of the Child Abuse Prevention and Treatment 
  Act (42 U.S.C. 5106a(b)(2)(B)) is amended by striking ``(B) an 
  assurance'' and all that follows through clause (i), and inserting the 
  following:
                      ``(B) an assurance in the form of a certification 
                  by the Governor of the State that the State has in 
                  effect and is enforcing a State law, or has in effect 
                  and is operating a statewide program, relating to child 
                  abuse and neglect that includes--
                              ``(i) provisions or procedures for an 
                          individual to report suspected or known 
                          incidents of child abuse or neglect to a State 
                          child protective service agencies or to law 
                          enforcement agencies, which shall include a 
                          State law for mandatory reporting of such 
                          incidents, to either type of agency, by any 
                          adult;''.
  
  SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.
  
      (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and 
  Treatment Act (42 U.S.C. 5107c(b)) is amended--
              (1) in paragraph (4)--
                      (A) in subparagraph (A), by striking ``and'' at the 
                  end; and
                      (B) by adding at the end the following:
                      ``(C) train adults who work with children in a 
                  professional or volunteer capacity, to report suspected 
                  and known incidents of child abuse or neglect under 
                  State law; and''; and
              (2) in paragraph (5), by inserting before the period ``and 
          the training described in paragraph (4)(C)''.
      (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 
  5107c(e)(2)) is amended--
              (1) in paragraph (1), by striking ``and'' at the end;
              (2) in paragraph (2), by striking the period and inserting 
          ``; and''; and
              (3) by adding at the end the following:
              ``(3) evaluate the State's efforts to train adults who work 
          with children in a professional or volunteer capacity, to 
          report suspected and known incidents of child abuse or neglect 
          under State law.''.
      (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 
  U.S.C. 5107c(e)(1)) is amended--
              (1) in subparagraph (B), by striking ``and'' at the end;
              (2) in subparagraph (C), by striking the period and 
          inserting ``; and''; and
              (3) by adding at the end the following:
                      ``(D) experimental, model, and demonstration 
                  programs for testing innovative approaches and 
                  techniques that may improve reporting of and response 
                  to suspected and known incidents of child abuse or 
                  neglect by adults to the State child protective service 
                  agencies or to law enforcement agencies.''.
  
  SEC. 6. GENERAL PROGRAM GRANTS.
  
      Section 108 of the Child Abuse Prevention and Treatment Act (42 
  U.S.C. 5106d) is amended by adding at the end the following:
      ``(f) Mandatory Reporting.--To be eligible to receive any form of 
  financial assistance under this title, a State shall include in the 
  corresponding plan or application an assurance that the State has in 
  effect a State law for mandatory reporting described in section 
  106(b)(2)(B)(i).''.
  
  SEC. 7. REPORTS.
  
      Section 110 of the Child Abuse Prevention and Treatment Act (42 
  U.S.C. 5106f) is amended by adding at the end the following:
      ``(e) Report on State Mandatory Reporting Laws.--
              ``(1) Study.--Not later than 4 years after the date of 
          enactment of the Speak Up to Protect Every Abused Kid Act, the 
          Secretary shall collect information on and otherwise study the 
          efforts of States relating to State laws for mandatory 
          reporting of incidents of child abuse or neglect, in order to--
                      ``(A) assess the implementation of the amendments 
                  made by that Act; and
                      ``(B) provide an update on--
                              ``(i) implementation of State laws for 
                          mandatory reporting described in section 
                          106(b)(2)(B)(i); and
                              ``(ii) State efforts to improve reporting 
                          on, and responding to reports of, child abuse 
                          or neglect.
              ``(2) Report.--Not later than 4 years after that date of 
          enactment, the Secretary shall submit to the appropriate 
          committees of Congress a report containing the findings of the 
          study.''.
  
  SEC. 8. COMMUNITY-BASED GRANTS.
  
      Section 204 of the Child Abuse Prevention and Treatment Act (42 
  U.S.C. 5116d) is amended--
              (1) in paragraph (11), by striking ``and'' at the end;
              (2) in paragraph (12), by striking the period and inserting 
          ``; and''; and
              (3) by adding at the end the following:
              ``(13) an assurance that the State has in effect a State 
          law for mandatory reporting described in section 
          106(b)(2)(B)(i).''.
  
  SEC. 9. EFFECTIVE DATE.
  
      (a) In General.--Except as provided in subsection (b), this Act 
  takes effect on the date of enactment of this Act.
      (b) Mandatory Reporting Requirements.--The amendments made by 
  sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and 
  applications submitted after the date that is 2 years after the date of 
  enactment of this Act.
target: Speak Up to Protect Every Abused Kid Act - Amends the Child Abuse Prevention and Treatment Act (CAPTA) to specify in the definition of "child abuse or neglect" any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child. Directs the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain an assurance in the form of a certification by the state governor that the state has in effect and is enforcing a state law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes provisions or procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to a state child protective services agencies or to law enforcement agencies, which shall include a state law for mandatory reporting of such agencies, to either type of agency, by any adult. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will train adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary of HHS to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.
feat_title: A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.