H.R. 911 would require certain standards and enforcement provisions to prevent child abuse and neglect in residential programs.
Detailed Summary
<b>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</b>
Stop Child Abuse in Residential Programs for Teens Act of 2009 - (Sec. 3) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to require each location of a covered program to meet specified minimum standards if individually or together with other locations it has an effect on interstate commerce.
Defines "covered program" as one operated by a public or private entity that with respect to one or more children unrelated to the program owner or operator: (1) provides a residential environment; and (2) operates with a focus on serving children with emotional, behavioral, or mental health problems or disorders, or problems with alcohol or substance abuse.
Directs the Assistant Secretary to: (1) implement an ongoing review process for investigating and evaluating reports of child abuse and neglect; (2) establish public websites with information about each covered program, as well as a national toll-free telephone hotline to receive complaints; (3) establish civil penalties for violations of standards; and (4) establish a process to ensure that complaints received by the hotline are promptly reviewed by persons with appropriate expertise.
(Sec. 4) Requires the Assistant Secretary to refer any violation of such standards to the Attorney General for appropriate action. Authorizes the Attorney General to file such a complaint on his or her own initiative regardless of whether such a referral has been made.
(Sec. 6) Authorizes appropriations for FY2010-FY2014.
(Sec. 7) Amends the Child Abuse Prevention and Treatment Act to establish additional eligibility requirements for grants to states to prevent child abuse and neglect at residential programs. Require such states to develop policies and procedures to prevent child abuse and neglect at covered programs consistent with the standards specified by this Act.
(Sec. 8) Directs the Secretary of Health and Human Services to study and report to Congress on outcomes for children in both private and public covered programs under this Act encompassing a broad representation of treatment facilities and geographic regions.
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Status of the Legislation
Latest Major Action: 2/24/2009: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Points in Favor
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Points Against
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Visitor Comments
JRD
March 4, 2009, 2:05am (report abuse)HR 911 looks like bad legislation rushed through the process. Some problems are as follows:
1. Most protections re abuse are already in place and monitored by states, and have been for more than 20 years.
2. Federal oversight is costly, unnecessary, and possibly in conflict with the 10th Amendment.
3. These same legislators willing to put one more regulatory burden (and there are many already)on residential providers, are the same ones that fail to fund services generally for troubled youth. The system's default response, absent serious law violation, is to let troubled youth become homeless, where risks of abuse are serious and many.
4. Some of the details contained in 911 are not practical(medication)and are witness to the fact that this was drafted by those unfamiliar with residential care.
5. Some of the checks re convicted sex offenders could be helpful but shouldn't require $750,000,000 to accomplish.
Tony
March 17, 2009, 4:49am (report abuse)I was tortured in a program that was regulated by the state. The state never did anything about it because the agency had been corrupted. This bill needs to be passed into law, thousands of kids are being abused right now and the states are doing nothing about it.
Maia Szalavitz
March 17, 2009, 8:18am (report abuse)JRD, you clearly don't know the unregulated world of"boot camps" "emotional growth boarding schools" "tough love" programs, "behavior modification programs"-- all of which lock up, seclude, restrain, humiliate and often genuinely torture teens.
These private programs are not regulated as drug treatment, mental health care or anything else-- yet they use corporal punishment and restraint and isolation tactics that were banned in mental health and addiction treatment decades ago.
These kids are at little risk of becoming homeless unless their parents throw them out-- they serve mostly middle class or rich kids.
Also, the programs can be more dangerous than homelessness for some youth because at least if you are homeless, you can call 911 if you are ill or injured. Dozens of kids have died of treatable conditions in these programs because their health complaints were ignored as "faking."
See www.helpatanycost.com or cafety.org.
Angela Smith
March 17, 2009, 9:06pm (report abuse)Maia Szalavitz is correct on most points. The only places we differ is that CAFETY is not the best organization from which to get information as they piggy-back the research of other organizations and undermine legitimate actions from those who have been doing advocacy work for decades (i.e. Teen Advocates USA, International Survivors Action Committee, and HEAL). Also, many less affluent teens are subjected to private and abusive programs through social services, foster care, and public schools through independent education plans.
If you\'d like to learn more about abuse at residential facilities, please be sure to check out www.isaccorp.org, www.heal-online.org/childtortureusa.htm, and/or http://teenadvocatesusa.homestead.com/FrontPage.html.
Also, if you are interested in learning about how HR 911 should and could be improved, please visit http://www.heal-online.org/hr911problems.pdf
I support HR 911 and believe it is a nearly adequate first step.
Sandra C
March 21, 2009, 11:19am (report abuse)To JRD. Being a mother of a once-tortured teen, I am appalled that people like you are making this about money. This legislation should not only be rushed through, it should be rushed at the speed of light. Where is your sense of compassion? Either you are uninformed or have an agenda unrelated to child abuse. For too long our legislators have ignored the cries of the people affected by these programs. It HAS been about money (a huge profit-making business, with a sinister plan to keep parents quiet and debunk any outcries from the abused). This is a time of reform, and people who throw up smokescreens to hide the truth are going to be seen for who they really are.
Ben donahue
April 13, 2009, 4:50pm (report abuse)I was in a program. I am still wondering, why do these exist? The goverment knows about these. How do they exist? there so corupt.
Maxine Burleson
April 19, 2009, 2:44pm (report abuse)Okokok. So is this a legit bill? I just got out of a program and I'm obsessed about getting some sort of regulation on these places. What can I do to support this?
Sasha
May 15, 2009, 12:48am (report abuse)I have been to Provo Canyon Utah and have seen firsthand the effects of abuse. This bill is needed to protect the victims. I was a victim and now am a survivor. I will not be silent while other children Are ABUSED. I guess you didn't hear about the girl who died there or that 300 children died in the last ten years in residential programs. Countless others are beaten, raped, sodomized, and mental and chemically abused. What will you do to stop the suffering of thousands. I was depressed and came out of an abusive house hold. Thank god there are good places out there because some cause more damage. Look at provotruthexpoxed.org to know more. Speak out and do your share.
substantive due process
July 11, 2009, 10:27pm (report abuse)Many programs, especially those operating under the name of "Religion, readily emotionally and physically abuse teens. A school I attended (about 10 yrs ago) was one of these. It is regulated by FCAAA, and the owner of the school I had attended is on the FCAAA board. These schools should be regulated. UNDER CONSTITUTION, ppl aren't allowed to be JAILED without trial. . .so those under 18 can be JAILED! substantive due process?
oops...
July 11, 2009, 10:29pm (report abuse)It is the FCAA,
FCAA - The Family Christian Association of America, Inc.
Heidi Jacobsen
July 15, 2009, 8:55pm (report abuse)Any advocate for children, and people need to do WHATEVER THEY CAN about what is happening to our youth.