text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Child Safety Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The problem of family violence does not necessarily 
          cease when the victimized family is legally separated, 
          divorced, or otherwise not sharing a household. During 
          separation and divorce, family violence often escalates, and 
          child custody and visitation become the new forum for the 
          continuation of abuse.
              (2) Current child custody and visitation laws are based on 
          incorrect assumptions that divorcing parents are in relatively 
          equal positions of power and that such parents always act in 
          the children's best interest. These laws often work against the 
          protection of the children and the abused spouse or intimate 
          partner in families with a history of family violence.
              (3) Some perpetrators use the children as pawns to control 
          the abused party after the couple is separated.
              (4) Every year an estimated 1,000 to 5,000 children are 
          killed by their parents in the United States.
              (5) In 1988, the Department of Justice reported that 
          354,100 children were abducted by family members who violated 
          custody agreements or decrees. Most victims were children from 
          ages 2 to 11 years.
              (6) Approximately 160,000 children are seriously injured or 
          impaired by abuse or neglect each year.
              (7) Studies by the American Humane Association indicate 
          that reports of child abuse and neglect have increased by over 
          200 percent from 1976 to 1986.
              (8) Approximately 90 percent of children in homes in which 
          their mothers are abused witness the abuse.
              (9) Data indicates that women and children are at elevated 
          risk for violence during the process of and after separation.
              (10) Fifty to 70 percent of men who abuse their spouses or 
          partners also abuse their children.
              (11) Up to 75 percent of all domestic assaults reported to 
          law enforcement agencies were inflicted after the separation of 
          the couples.
              (12) In one study of spousal homicide, over half of the 
          male defendants were separated from their victims.
              (13) Seventy-three percent of battered women seeking 
          emergency medical services do so after separation.
  
  SEC. 3. PURPOSE.
  
      The purpose of this Act is to authorize funding to enable 
  supervised visitation centers to provide the following:
              (1) Supervised visitation in cases where there is 
          documented sexual, physical or emotional abuse as determined by 
          the appropriate court.
              (2) Supervised visitation in cases where there is suspected 
          or elevated risk of sexual, physical or emotional abuse, or 
          where there have been threats of parental abduction of the 
          child.
              (3) Supervised visitation for children who have been placed 
          in foster homes as a result of abuse.
              (4) An evaluation of visitation between parents and 
          children for child protection social services to assist such 
          service providers in making determinations of whether the 
          children should be returned to a previously abusive home.
              (5) A safe location for custodial parents to temporarily 
          transfer custody of their children with non-custodial parents, 
          or to provide a protected visitation environment, where there 
          has been a history of domestic violence or an order for 
          protection is involved.
              (6) An additional safeguard against the child witnessing 
          abuse or a safeguard against the injury or death of a child or 
          parent.
              (7) An environment for families to have healthy interaction 
          activities, quality time, non-violent memory building 
          experiences during visitation to help build the parent/child 
          relationship.
              (8) Parent and child education and support groups to help 
          parents heal and learn new skills, and to help children heal 
          from past abuse.
  
  SEC. 4. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.
  
      (a) In General.--The Secretary of Health and Human Services 
  (hereafter referred to in this Act as the ``Secretary'') is authorized 
  to award grants to and enter into contracts and cooperative agreements 
  with public or nonprofit private entities to assist such entities in 
  the establishment and operation of supervised visitation centers.
      (b) Considerations.--In awarding grants, contracts and agreements 
  under subsection (a), the Secretary shall take into account--
              (1) the number of families to be served by the proposed 
          visitation center to be established under the grant, contract 
          or agreement;
              (2) the extent to which supervised visitation centers are 
          needed locally;
              (3) the relative need of the applicant; and
              (4) the capacity of the applicant to make rapid and 
          effective use of assistance provided under the grant, contract 
          or agreement.
      (c) Use of Funds.--
              (1) In general.--Amounts provided under a grant, contract 
          or cooperative agreement awarded under this section shall be 
          used to establish supervised visitation centers and for the 
          purposes described in section 3. In using such amounts, 
          grantees shall target the economically disadvantaged and those 
          individuals who could not otherwise afford such visitation 
          services. Other individuals may be permitted to utilize the 
          services provided by the center on a fee basis.
              (2) Costs.--To the extent practicable, the Secretary shall 
          ensure that, with respect to recipients of grants, contracts or 
          agreements under this section, the perpetrators of the family 
          violence, abuse or neglect will be responsible for any and all 
          costs associated with the supervised visitation undertaken at 
          the center.
  
  SEC. 5. DEMONSTRATION GRANT APPLICATION.
  
      (a) In General.--A grant, contract or cooperative agreement may not 
  be made or entered into under this Act unless an application for such 
  grant, contract or cooperative agreement has been submitted to and 
  approved by the Secretary.
      (b) Approval.--Grants, contracts and cooperative agreements under 
  this Act shall be awarded in accordance with such regulations as the 
  Secretary may promulgate. At a minimum, to be approved by the Secretary 
  under this section an application shall--
              (1) demonstrate that the applicant has recognized expertise 
          in the area of family violence and a record of high quality 
          service to victims of family violence; and
              (2) be submitted from an entity located in a State where 
          State law requires the courts to consider evidence of violence 
          in custody decisions.
  
  SEC. 6. EVALUATION OF DEMONSTRATION PROJECTS.
  
      (a) In General.--Not later than 30 days after the end of each 
  fiscal year, a recipient of a grant, contract or cooperative agreement 
  under this Act shall prepare and submit to the Secretary a report that 
  contains information concerning--
              (1) the number of families served per year;
              (2) the number of families served per year categorized by--
                      (A) families who require that supervised visitation 
                  because of child abuse only;
                      (B) families who require supervised visitation 
                  because of a combination of child abuse and domestic 
                  violence; and
                      (C) families who require supervised visitation 
                  because of domestic violence only;
              (3) the number of visits per family in the report year 
          categorized by--
                      (A) supervised visitation required by the courts;
                      (B) supervised visitation based on suspected or 
                  elevated risk of sexual, physical, or emotional abuse, 
                  or threats of parental abduction of the child that is 
                  not court mandated;
                      (C) supervised visitation that is part of a foster 
                  care arrangement; and
                      (D) supervised visitation because of an order of 
                  protection;
              (4) the number of supervised visitation arrangements 
          terminated because of violations of visitation terms, including 
          violence;
              (5) the number of protective temporary transfers of custody 
          during the report year;
              (6) the number of parental abduction cases in a judicial 
          district using supervised visitation services, both as 
          identified in criminal prosecution and custody violations;
              (7) the number of safety and security problems that occur 
          during the report year;
              (8) the number of families who are turned away because the 
          center cannot accommodate the demand for services;
              (9) the process by which children or abused partners will 
          be protected during visitations, temporary custody transfers 
          and other activities for which the supervised visitation 
          centers are created; and
              (10) any other information determined appropriate in 
          regulations promulgated by the Secretary.
      (b) Evaluation.--In addition to submitting the reports required 
  under subsection (a), an entity receiving a grant, contract or 
  cooperative agreement under this Act shall have a collateral agreement 
  with the court, the child protection social services division of the 
  State, and local domestic violence agencies or State and local domestic 
  violence coalitions to evaluate the supervised visitation center 
  operated under the grant, contract or agreement. The entities 
  conducting such evaluations shall submit a narrative evaluation of the 
  center to both the center and the grantee.
      (c) Demonstration of Need.--The recipient of a grant, contract or 
  cooperative agreement under this Act shall demonstrate, during the 
  first 3 years of the project operated under the grant, contract or 
  agreement, the need for continued funding.
  
  SEC. 7. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON 
                SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.
  
      (a) Authorization.--The Secretary is authorized to award special 
  grants to public or nonprofit private entities to assist such entities 
  in collecting clinical data for supervised visitation centers 
  established under this Act to determine--
              (1) the extent to which supervised visitation should be 
          allowed between children who are sexually abused or severely 
          physically abused by a parent, where the visitation is not 
          predicated on the abusive parent having successively completed 
          a specialized course of therapy for such abusers;
              (2) the effect of supervised visitation on child victims of 
          sexual abuse or severe physical abuse when the abusive parent 
          exercising visitation has not completed specialized therapy and 
          does not use the visitation to alleviate the child victim's 
          guilt, fear, or confusion;
              (3) the relationship between the type of abuse or neglect 
          experienced by the child and the use of supervised visitation 
          centers by the maltreating parent; and
              (4) in cases of spouse or partner abuse only, the extent to 
          which supervised visitation should be predicated on 
          participation by the abusive spouse in a specialized treatment 
          program.
      (b) 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, including documentary 
  evidence to demonstrate that the entity possesses a high level of 
  clinical expertise and experience in child abuse treatment and 
  prevention as they relate to visitation. The level of clinical 
  expertise and experience required will be determined by the Secretary.
      (c) Report.--Not later than 1 year after the date on which a grant 
  is received under this section, and each year thereafter for the 
  duration of the grant, the grantee shall prepare and submit to the 
  Secretary a report containing the clinical data collected under such 
  grant.
  
  SEC. 8. REPORTING.
  
      Not later than 18 months after the date of enactment of this Act, 
  and annually thereafter, the Secretary shall prepare and submit to the 
  appropriate committees of Congress a report containing the information 
  collected under the reports received under sections 6 and 7, including 
  recommendations made by the Secretary concerning whether or not the 
  supervised visitation center demonstration and clinical data programs 
  should be reauthorized.
  
  SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
  
      (a) In General.--For the purpose of awarding grants, contracts and 
  cooperative agreements under this Act, there are authorized to be 
  appropriated $30,000,000 for fiscal year 1994, $40,000,000 for fiscal 
  year 1995, and $50,000,000 for fiscal year 1996.
      (b) Distribution.--Of the amounts appropriated under subsection (a) 
  for each fiscal year--
              (1) not less than 80 percent shall be used to award grants, 
          contracts, or cooperative agreements under section 5; and
              (2) not more than 20 percent shall be used to award grants 
          under section 7.
      (c) Disbursement.--Amounts appropriated under this section shall be 
  disbursed as categorical grants through the 10 regional offices of the 
  Department of Health and Human Services.
target: Child Safety Act - Authorizes the Secretary of Health and Human Services to award grants and enter into contracts and cooperative agreements with public or nonprofit private entities to:  (1) establish and operate supervised visitation centers for child abuse victims; and (2) assist such organizations in collecting data on the effect of supervised visitation on sexually abused or severely physically abused children.  Authorizes appropriations.
feat_title: Child Safety Act