TheresaBass
From: Ernesto Medrano <emedrano@laocbuildingtrades. org> Sent: Monday, January 23, 20239:37AM
To: PublicComment; CityClerk
Subject:\[ EXTERNAL\] LetterinSupport ofCityCouncil Appointment Attachments: Campos Letter.pdf
Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
Good morning,
Ihaveattached aletterofsupport addressed totheMayor andCityCouncil toappoint Norma Campos Kurtztothe Anaheim CityCouncil District 4seat. Thank you.
Respectfully,
ErnestoMedrano, CouncilRepresentative
LA/OCBuildingandConstruction TradesCouncil
1626BeverlyBoulevard
LosAngeles, CA 90026
C:
T: F: 213-483-4419
E: emedrano@laocbuildingtrades. org
Thisemailandanyattachments maybeconfidential orlegallyprivileged. Ifyoureceivedthis messageinerrororarenottheintended recipient, pleasedestroythee-mailmessageandany attachments orcopies.
1 Los Angeles / Orange Counties
Building and Construction
Trades Council
Affiliated with the Building & Construction Trades Dept., AFL-CIO 1626 Beverly Boulevard
Los Angeles, CA 90026- 784
Phone ( 213) 483-4222
714) 827-6791
CHRIS HANNAN Fax (213) 483-4419
Executive Secretary
January 23, 2023
Dear Honorable Mayor and members of the City Council:
On behalf of the Los Angeles and Orange Counties Building and Construction Trades Council, representing 48 Affiliates, 14 Trades and 140,000 hard working men and women in the construction industry, we write to inform you that we support the appointment of Norma Campos Kurtz to the Anaheim City Council Member District 4 Seat.
Ms. Campos has extensive experience in the fields of legislation and policy making. Her career initiated in the private sector within the utilities industry as a service representative where she was promoted to Public Affairs Director. In her capacity within the legislative field, she implemented constituent services and ran various legislate offices. In her community volunteer endeavors she has served on Workforce Development and Training Boards within the County of Orange and City of Santa Ana, the Heritage Museum Board, the Anaheim Housing Commission and currently serves on the Public Utilities Board.
District 4 is comprised of the regional economic engine that provides career opportunities to many workers, tax revenues for crucial city services to its residents, and entrepreneur opportunities for all types of businesses. She is the best candidate to unify all segments of the City given her experience and capabilities.
Ms. Campos will bring a mature approach to governing and policy making for the City’ s constituents with robust debate, advocacy and collegiality. These characteristics have been much needed at the Council level.
We urge that you vote to appoint Ms. Campos to the Anaheim City Council District 4 seat. Thank you for your consideration.
Ernesto Medrano
Council Representative
TheresaBass
From: Theresa Bass
Sent: Monday, January 23, 20239:55PM
To: Public Comment
Subject: FW: \[EXTERNAL\] Steven Douglas forappointment toDistrict4SeatoftheAnaheim CityCouncil
From: BereniceBallinas <[email protected]>
Sent: Monday, January23, 20233:53PM
To: AshleighAitken <[email protected]>
Cc: TheresaBass <[email protected]>; JimVanderpool <[email protected]> Subject: Fwd: \[EXTERNAL\] StevenDouglasforappointment toDistrict4SeatoftheAnaheimCityCouncil FYI -
Kindregards,
BereniceBallinas
ChiefofStaff
OfficeofMayorAshleighAitken
From: JohnLinford <
Sent: Monday, January23, 20233:48:46PM
To: BereniceBallinas <[email protected]>; CarlosA. Leon <[email protected]>; JoseDiaz [email protected]>; StephenFaessel <[email protected]>; NatalieMeeks <[email protected]>; Natalie Rubalcava <[email protected]>
Subject: \[EXTERNAL\] StevenDouglasforappointment toDistrict4SeatoftheAnaheimCityCouncil Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
StevenDouglasisanoutstanding memberofthecommunity andhisfamilyhasrootsinAnaheimlongerthanIhave beenalive (I'm57). Idon'tknowamoreoutstanding neighbor. Heisthemanthatbuildstheunityincommunity. He reachesouttothoseinneed. Heiswelcomingofthosehedoesn'tknowandquicklybecomesatrustedandreliable friend. Ihavewitnessed hiscommunity service. Heworkstirelessly! Ihaveseemhimjuggle, ontopofhisfulltimejob andeverything else, multipleeventsthatinvolveupto6distinctcommittees. Hewaseffectiveinhisroleasapartof eachone, overseeing themallanddoingthecrosscommunication betweenthem. IcannotthinkofanyoneIwould ratherhavetakingcareofbusiness inourcitythanSteveDouglas. Hehasheldmanyimportant community leadership 1 rolesandhasbeenconsidered atrustedmanwithnon-profitfundsandcapableleadership ingeneral inAnaheim for decades. Youwouldthinkheistheever-readybunny! Hejustgoes, andgoesandgoes.
PleaseputhimtoworkforourCity.
JohnLinford
District4Resident, Anaheim
cell.text
2 JenniferL. Hall
From: Samantha Moreno <samanthamoreno2223@gmail. com>
Sent: Tuesday, January 24,
To: Public Comment
Subject:\[ EXTERNAL\] Business Calendar item13, Candidates District4, CityCouncil meeting January24,2023
Warning: Thisemail originated fromoutside theCityofAnaheim. Donotclicklinksoropen attachments unless yourecognize thesender andareexpecting themessage.
Respected Anaheim CityCouncil,
Iamwriting thisemail asaformtoexpress myopinion regarding some candidates thathaveapplied tofillthe vacancy Mr. Avelino Valencia hasleftvacant tobefilledinDistrict 4.
FirstIwould liketoexpress thatIloveourCityofAnaheim andasaresident would liketoprovide myinputon some ofthese candidates whom Ihaveknown indifferent intersections ofmypersonal life.
Iamhoping thatasyouaregetting ready tomake aselection, thatyouplease consider their college education, moral conduct andtheamount ofexperience theyhave inbudgeting money alongwiththeknowledge and personal influence orreasons whytheywould liketoholdthisposition attheCity level. IknowthatwhatI wantasaresident ofthisbeautiful CityofAnaheim issomeone whohasatleastaB.A. inbusiness administration andfinance. Someone whounderstands thebusiness component inanoverall effect to understand thedynamics ofallareasofbusiness andbeabletorelatetheir educational background andwork experience withwhatheorshemaydobybudgeting abudget withsuchmagnitude astheoneourCityof Anaheim has. Looking attheapplications thatwerepresented toyouforthisappointment, Inotice thelackof structure andprofessionalism inthese applications which wasincredibly horrible. Inoticed thatmanyofthese folksdidnothaveacollege background inbusiness administration which concerns measaresident. Ijusthope thatyouasourelected officials take athorough observation andmake theright selection forthebenefitofour CityofAnaheim andresidents.
Secondly, Iwanttoexpress thatthemoral conduct ofacandidate issohighly important astheywillbe representing ourvalues andhigh morals wevalue asacommunity andcity.
Iwould liketosharemypersonal opinion ofwhy youshould notselectthefollowing candidates: Mrs. Yudy Morales-Salazar, Mr. MarkLopez andMrs. Anne Marie Randle-Trejo.
Regarding Mrs. Yudy Morales-Salazar, sheisnotcapable ofholding thevacancy forDistrict 4because ofher personal testimony andmoral conduct. Shecheated onherhusband andlefthimwhen her5girlswerefairly young withthemanager ofJaxMarket. Isawherhusband askforprayer andcrytoGodatChurch ofGod, Anaheim forrestoration ofhismarriage. AtthattimeIwasimpacted bytheimmoral reputation thatshehad created uponherself withherdecision. Thisleftmewithanegative viewofwhoshewasbecause shewas highly involved inwoman’sministries andinthechildren’schurch department atChurch ofGod, Anaheim. In myopinion sheisnottrustworthy, honest andcaused great harm toherownchildren andfamily because ofher actions during thattime. Irespectfully stand inhighly disapproving ofhercandidacy tofillDistrict 4.
Regarding Mrs. Anne MarieRandle-Trejo
Shehasbeenrepresenting AUHSD asboard member forquitesometime. During theyears thatshehasserved shehasnever beenopentoparents whohaveadifferent opinion fromhers. During heryearsofservice wehave seenthatasboard member, herdecisions haveaffected usAnaheim residents, costing millions ofdollars because ofthefailed leadership andnegligence herdecision andother board members havetaken, placing the 1 education ofourchildren tothefloor. Thishascreated anegative impact inourschool andisoneofthereasons whypeople move their students toother districts. Sheisnotresponsible inoverseeing thebudget ofAUHSD andherleadership hasproven tobeonlyloyaltothosewhosheisaffiliated with. Sheisknown toquestion parents andnotbeafriend toparents ofAUHSD. Iknowherasaparent ofthedistrict andalsoinmy involvement inPTAassociations thatshehasbeeninvolved in. Herarrogance toourparents saysalotand speaks volumes ofthetypeofperson sheis. Sheisnotafairteamplayer. Thattomeishighly concerning because Iseethisasastepladder forherownbenefit andcontinue thepolitical agenda thatsheisaffiliated with. Sheisnoteasy toworkwithatall, sheisnotfairanddoesnothaveasolidcollege business background toleadabudget sobigasAnaheim. Asaresident, Ihighlydonotrecommend herappointment forDistrict 4 vacancy.
Regarding MarkLopez
Hehasbeenrepresenting AESD asaboard member butisnotarepresentative thatwecanapproach asparents ofthedistrict. Itisalarming thateverydecision issolelybased onwhattherestofthegroup thatheisaffiliated withwants. Inmyopinion, Hehasalackofleadership ability andisnotanapproachable board member at AESD, because ourvoices arenotheard withhimasarepresentative ofourfamilies inthiscommunity. Iam completely saddened toseethatasaboard member hehasused thisposition asapolitical stepping stone forhis ownbenefit. Hetrulyhasproven tonothavehisvalues aligned. Hewasfirstarepublican andthenconverted toDemocrat because ofthehelphewasgoing togainduetohisassociation withhispolitical allies. Thisis completely wrong inmyopinion andwould notbenefit usasAnaheim residents tohaveanyofthese people, Anne MarieRandle Trejo, YudySalazar Morales andMarkLopez representing uswithsuchlowmoral values andfortheboard members TrejoandLopez thelackofinclusiveness forallresidents regardless ofthe difference ofopinions wemayshare. Weneedpeople torepresent uswell. Whowillberighteous individuals withagreatreputation andwhowillbeloyaltoourCityanddeliver great outcomes forthevalues, morals and standards weholdasAnaheim residents.
Thank youforreading thisemail.
MayGod’sGrace beuponallofyoutoleaduswell.
Respectfully,
SamMoreno
2 TheresaBass
From: YOUTH-on-the-MOVEandInternational Educators' HallofFame [email protected]>
Sent: Wednesday,
To: Public Comment
Subject:\[ EXTERNAL\] DON'TFORGET THELOVEOFTHECOMMUNITY Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Welcometotheteam
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
YOUTHONTHEMOVE, INC.
Community EventAnnouncement
MEET & GREET, MARTINLUTHERKINGJREVENTSandBLACK
HISTORY MONTHCELEBRATIONS
HAPPY NEWYEAR TOALL -
LOTSOFSPECTACTULAR STUFF COMING IN2023
lThank you. Manythanks forallinvolved intheHallofFameeventwejusthad andabigcongratulations toall.
lMartin LutherKingJr.-- DayofKindness andpeople working together inunity. lOperation Telephone Call - beexpecting acallorgiveusacallandjustcheckin.
Weareinterested inconnecting withasmanypeople aspossible tospread the 1 ActsofKindness incelebration ofMartin LutherKing, Jr. Weareoffering tutoring andComputer Workshops starting inFebruary.
Events forMartin LutherKingJr. Day1/16/2023 andBlackHistory Month Celebrations toinclude: ALLWELCOME.
1/13/2023MEET & GREET (Friday)
3:00PM - 6:00PMtomeettheNEWYOMITRAINEES HEREATYOUTH-ON-THEMOVE, Inc. OFFICE AT:
th 1850E. 17 Street, Ste. 103, SantaAna, CA92705
1/16/2023Martin LutherKingJr. Day, (Monday) - Breakfast (need to th register) $18.00atNewSongChurch, 1010W. 17 Street, SantaAna, CA92706 Ifinterested, Dr. Patcanemail youtheregistration link. 2/4/2023 (Saturday) isBlackHistoryParade inAnaheim at
9:00am-5:00pm, 600S. Anaheim Blvd., Anaheim, CA
2/19/2023 (Sunday) isBlackHistory Month Festival-Michelle and Barack Obama Sports Complex Day, LosAngeles, CA11:00am - 6:00 pm
Please donotforget tocheck outourwebsites: youthonthemove.net & iehof2015@gmail. com
Dr. PatAdelekan: YOUTH-ON-THE-MOVE, INC. ANDINTERNATIONAL EDUCATORS
HALLOFFAME CONTACT TERRY ORKAMIATTHISNUMBER AS
WELL.
To
help
prot
ect
your
priva
cy,
InternationalEducators' HallofFame | 1850E. 17thStreet, Room103, SantaAna, CA92705 [email protected]
UpdateProfile | ConstantContactDataNotice
Sentby
2 TheresaBass
From: YOUTH-on-the-MOVEandInternational Educators' HallofFame [email protected]>
Sent: Thursday,
To: Public Comment
Subject:\[ EXTERNAL\] DON'TFORGET THELOVEOFTHECOMMUNITY Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Welcometotheteam
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
YOUTHONTHEMOVE, INC.
Community EventAnnouncement
MEET & GREET, MARTINLUTHERKINGJREVENTSandBLACK
HISTORY MONTHCELEBRATIONS
HAPPY NEWYEAR TOALL -
LOTSOFSPECTACTULAR STUFF COMING IN2023
lThank you. Manythanks forallinvolved intheHallofFameeventwejusthad andabigcongratulations toall.
lMartin LutherKingJr.-- DayofKindness andpeople working together inunity. lOperation Telephone Call - beexpecting acallorgiveusacallandjustcheckin.
Weareinterested inconnecting withasmanypeople aspossible tospread the 1 ActsofKindness incelebration ofMartin LutherKing, Jr. Weareoffering tutoring andComputer Workshops starting inFebruary.
Events forMartin LutherKingJr. Day1/16/2023 andBlackHistory Month Celebrations toinclude: ALLWELCOME.
1/13/2023MEET & GREET (Friday)
3:00PM - 6:00PMtomeettheNEWYOMITRAINEES HEREATYOUTH-ON-THEMOVE, Inc. OFFICE AT:
th 1850E. 17 Street, Ste. 103, SantaAna, CA92705
1/16/2023Martin LutherKingJr. Day, (Monday) - Breakfast (need to th register) $18.00atNewSongChurch, 1010W. 17 Street, SantaAna, CA92706 Ifinterested, Dr. Patcanemail youtheregistration link. 2/4/2023 (Saturday) isBlackHistoryParade inAnaheim at
9:00am-5:00pm, 600S. Anaheim Blvd., Anaheim, CA
2/19/2023 (Sunday) isBlackHistory Month Festival-Michelle and Barack Obama Sports Complex Day, LosAngeles, CA11:00am - 6:00 pm
Please donotforget tocheck outourwebsites: youthonthemove.net & iehof2015@gmail. com
Dr. PatAdelekan: YOUTH-ON-THE-MOVE, INC. ANDINTERNATIONAL EDUCATORS
HALLOFFAME CONTACT TERRY ORKAMIATTHISNUMBER AS
WELL.
To
help
prot
ect
your
priva
cy,
InternationalEducators' HallofFame | 1850E. 17thStreet, Room103, SantaAna, CA92705 [email protected]
UpdateProfile | ConstantContactDataNotice
Sentby
2 TheresaBass
From: YOUTH-on-the-MOVEandInternational Educators' HallofFame [email protected]>
Sent: Thursday,
To: Public Comment
Subject:\[ EXTERNAL\] Reminder: DON'TFORGET THELOVEOFTHECOMMUNITY Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
Welcometotheteam
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
YOUTHONTHEMOVE, INC.
Community EventAnnouncement
MEET & GREET, MARTINLUTHERKINGJREVENTSandBLACK
HISTORY MONTHCELEBRATIONS
HAPPY NEWYEAR TOALL -
LOTSOFSPECTACTULAR STUFF COMING IN2023
lThank you. Manythanks forallinvolved intheHallofFameeventwejusthad andabigcongratulations toall.
lMartin LutherKingJr.-- DayofKindness andpeople working together inunity. lOperation Telephone Call - beexpecting acallorgiveusacallandjustcheckin.
Weareinterested inconnecting withasmanypeople aspossible tospread the 1 ActsofKindness incelebration ofMartin LutherKing, Jr. Weareoffering tutoring andComputer Workshops starting inFebruary.
Events forMartin LutherKingJr. Day1/16/2023 andBlackHistory Month Celebrations toinclude: ALLWELCOME.
1/13/2023MEET & GREET (Friday)
3:00PM - 6:00PMtomeettheNEWYOMITRAINEES HEREATYOUTH-ON-THEMOVE, Inc. OFFICE AT:
th 1850E. 17 Street, Ste. 103, SantaAna, CA92705
1/16/2023Martin LutherKingJr. Day, (Monday) - Breakfast (need to th register) $18.00atNewSongChurch, 1010W. 17 Street, SantaAna, CA92706 Ifinterested, Dr. Patcanemail youtheregistration link. 2/4/2023 (Saturday) isBlackHistoryParade inAnaheim at
9:00am-5:00pm, 600S. Anaheim Blvd., Anaheim, CA
2/19/2023 (Sunday) isBlackHistory Month Festival-Michelle and Barack Obama Sports Complex Day, LosAngeles, CA11:00am - 6:00 pm
Please donotforget tocheck outourwebsites: youthonthemove.net & iehof2015@gmail. com
Dr. PatAdelekan: YOUTH-ON-THE-MOVE, INC. ANDINTERNATIONAL EDUCATORS
HALLOFFAME CONTACT TERRY ORKAMIATTHISNUMBER AS
WELL.
To
help
prot
ect
your
priva
cy,
InternationalEducators' HallofFame | 1850E. 17thStreet, Room103, SantaAna, CA92705 [email protected]
UpdateProfile | ConstantContactDataNotice
Sentby
2 TheresaBass
From: DURFEY DURFEY <[email protected]>
Sent: Thursday, January
To: ABC7General Release; "[email protected]"; KTLA5News; CBS2; KTLA5News; Supervisor DougChaffee; Foley, Katrina; COB_Response; PublicRecords Request; PublicComment; TheresaBass; [email protected]; "FOX11NEWS@FOXTV. COM" Subject:\[ EXTERNAL\] Lookatthis: DoYOUspend toomuchtimeonyoursmartphone? Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
Sometimes itfeelslikeourentirelivesbelongtoourphones - witheverything fromtexts, emails, socialmedia, calendars, music, andshoppinglistsstoredonthem
https://www.dailymail.co.uk/health/article-11624497/Do-spend-time-smartphone.html?ito=email_share_article-imageshare SentfromMailforWindows
1 TheresaBass
From: CarolKappler <[email protected]>
Sent: Friday, January
To: Public Comment
Subject:\[ EXTERNAL\] Waterrateincreases
Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
Whyisn’tthehikeinourwaterratesheldoffatthistimebecauseofrecordamountsofrainfall? Pressureneedstobe putontheGovernorfornewreservoirs tobebuilt / shouldhavebeendonealongtimeago.
SentfrommyiPhone
1 TheresaBass
From: DURFEY DURFEY <[email protected]>
Sent: Saturday, January
To: Gmail2; durfeycraig778@gmail. com; NickDibs; editoratoc-breeze.com; COB_Response; Christopher;
[email protected];
[email protected]; Assemblymember Quirk-Silva; Assemblymember Davies; Assemblymember Fong; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; PublicComment; Theresa Bass; Supervisor DougChaffee; Foley, Katrina; Supervisor JaniceHahn (Fourth District) Subject:\[ EXTERNAL\] AlMuratsuchi'sAssembly Bill (AB) 272, Banning Smartphones inSchool, Signed intoLaw
Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
https://my.lwv.org/california/torrance-area/article/al-muratsuchis-assembly-bill-ab-272-banning-smartphones-schoolsigned-law SentfromMailforWindows
FromCraigADurfey
Growingevidence showsexcessive smartphone useatschoolinterfereswithastudent’seducation andsuccess, encourages cyberbullying, andcontributes toteenageanxiety, depression, andsuicide,” statedAssemblymember Muratsuchi. "Thisnewlawwillencourage schooldistrictstodeveloptheirownpolicythatstrikesabalance between allowingappropriate studentuseofsmartphones atschool, whilemakingsurethatsmartphones arenotinterferingwith astudent'seducational, socialandemotional development." Evidence hasshownthatunrestricted useofsmartphones bystudentsatschoolslowersacademic performance, particularly amonglow-achieving students; promotes cyberbullying; andcontributes toteenagementalhealthissues.
Between2009and2017, thenumberof14to17yearoldsexperiencing clinicalleveldepression jumpedmorethan60%, witha47% increase among12to13yearolds. AB272willtakeeffectinJanuary2020. 1 TheresaBass
From: DURFEY DURFEY <[email protected]>
Sent: Sunday, January
To: NickDibs; NickDibs; [email protected]; [email protected]; [email protected]; Lawrenz, Mark; [email protected]; editoratocbreeze.com; Theresa Bass; PublicComment; durfeycraig778@gmail. com; Gmail2 Subject:\[ EXTERNAL\] Sharing Newlawonmental healthcurriculum effectwithstart ofthenewyear
Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
Ithought youwouldwanttoseethisinteresting storyfromEdSource: https://edsource.org/?p=665417 SentfromMailforWindows
1 TheresaBass
From: Theresa Bass
Sent: Tuesday, January 17, 20234:35PM
To: Public Comment
Subject: FW: \[EXTERNAL\] TheSenate Judiciary Committee Children'sOnlinePrivacy From: CraigADurfey <
Sent: Monday, January16, 20231:25AM
To: NickDibs < CraigADurfey < [email protected]; [email protected]; GGEAPresident <[email protected]>; [email protected]; [email protected]; [email protected]; Aguilera, Christopher [email protected]>; COB_Response <[email protected]>; TheresaBass <[email protected]>; [email protected]; Assemblymember Quirk-Silva <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; RyanDurfey < durfeycraig778@gmail. [email protected] Subject: \[EXTERNAL\] TheSenateJudiciaryCommittee Children'sOnlinePrivacy Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
01-06-2023
CraigADurfey
Children'sOnlinePrivacy
CSpanhearing
July 9, 2019
TheSenateJudiciaryCommittee heldahearingonprotecting childrenonlineanddataprivacy. Witnesses discussed the prevalence ofonlinepredators usingsocialmediatoexploitminors, andwaystechcompanies canbetterregulatetheir platforms toprotectyoungerusers. Theyalsomaderecommendations forgreaterparental controlsondevicesandwhat theFederalTradeCommission (FTC) coulddotostrengthen online https://www.c-span.org/video/?462403-1/senate-panel-holds-hearing-online-data-privacy-protections-children 1 TheresaBass
From: Theresa Bass
Sent: Tuesday, January 17, 20234:47PM
To: Public Comment
Subject: FW: \[EXTERNAL\] Garden GrovePoliceDepartment thePaws-4-Schools program anxiety, andde-escalation
From: CraigADurfey <
Sent: Monday, January16, 202311:35AM
To: NickDibs < SHELLYHOLMAN60@yahoo. CraigADurfey < Ryan Durfey < durfeycraig778@gmail. [email protected]; [email protected]; Assemblymember Quirk-Silva <assemblymember.quirk[email protected]>; Assemblymember Fong <[email protected]>; Assemblymember Davies [email protected]>; Aguilera, Christopher <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; TheresaBass <[email protected]>; COB_Response <[email protected]>; [email protected]; editoratoc-breeze.com <[email protected]>; Supervisor DougChaffee [email protected]>; Foley, Katrina <[email protected]>; PamHaddad <[email protected]grove.ca.us>; MaureenBlackmun <[email protected]>; MariaStipe <[email protected]>; Public RecordsRequest <[email protected]>; TeresaPomeroy <[email protected]>; PIODepartment [email protected]>; GabrielaMafi <[email protected]> Subject: \[EXTERNAL\] GardenGrovePoliceDepartment thePaws-4-Schoolsprogram anxiety, andde-escalation Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
FromCraigADurfey
[email protected]
1 GardenGrovePoliceDepartment
TinaAarreBossethePaws-4-Schoolsprogram (andinturn, thethreesupportK9s) wascreatedtoprovideanextralayer ofsocial-emotional supportforstudentsdealingwithanxiety, andde-escalation supportforstudentsexperiencing heightened emotionsorbehaviorandotherinstancesoftraumaortragedy.
GardenGrovePoliceDepartment
TinaAarreBossethePaws-4-Schoolsprogram (andinturn, thethreesupportK9s) wascreatedtoprovideanextralayer ofsocial-emotional supportforstudentsdealingwithanxiety, andde-escalation supportforstudentsexperiencing heightened emotionsorbehaviorandotherinstancesoftraumaortragedy. 2 Assembly Bill No. 1767
CHAPTER 694
An act to amend Section 215 of the Education Code, relating to pupil health.
Approved by Governor October 9, 2019. Filed with Secretary of State October 9, 2019.]
legislative counsel’ s digest
AB 1767, Ramos. Pupil suicide prevention policies.
Existing law requires the governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, to adopt a policy on pupil suicide prevention that specifically addresses the needs of high- risk groups.
This bill would require the governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, to, before the beginning of the 2020– 21 school year, adopt, and update as prescribed, a policy on pupil suicide prevention that specifically addresses the needs of high-risk groups. The bill would require this policy to be age appropriate and delivered and discussed in a manner that is sensitive to the needs of young pupils. The bill would also require this policy to be written to ensure proper coordination and consultation with the county mental health plan for a referral for mental health or related services made on behalf of a pupil who is a Medi-Cal beneficiary. The bill would require the policy to address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency.
By imposing additional duties on local educational agencies, the bill would impose a state- mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 215 of the Education Code is amended to read:
215. ( a) 1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt, at a regularly scheduled meeting, a policy 94 on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school- employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention.
2) A) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, shall, before the beginning of the 2020– 21 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive. The policy shall be developed in consultation with school and community stakeholders, the county mental health plan, school- employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention.
B) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be age appropriate and shall be delivered and discussed in a manner that is sensitive to the needs of young pupils.
C) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be written to ensure proper coordination and consultation with the county mental health plan if a referral is made for mental health or related services on behalf of a pupil who is a Medi- Cal beneficiary. 3) The policy shall specifically address the needs of high-risk groups, including, but not limited to, all of the following:
A) Youth bereaved by suicide.
B) Youth with disabilities, mental illness, or substance use disorders.
C) Youth experiencing homelessness or in out-of-home settings, such as foster care.
D) Lesbian, gay, bisexual, transgender, or questioning youth. 4) A) The policy shall also address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency.
B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services.
C) Materials approved for training may also include programs that can be completed through self-review of suitable suicide prevention materials. 5) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee’ s credential or license.
Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so.
6) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies.
94 Ch. 694 2 —
b) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 12, inclusive, shall review, at minimum every fifth year, its policy on pupil suicide prevention and, if necessary, update its policy.
c) Nothing in this section shall prevent the governing board or body of a local educational agency from reviewing or updating its policy on pupil suicide prevention more frequently than every fifth year. d) For purposes of this section, “ local educational agency” means a county office of education, school district, state special school, or charter school.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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94 3 — Ch. 694 —
Assembly Bill No. 2246
CHAPTER 642
An act to add Article 2.5 (commencing with Section 215) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to pupil health.
Approved by Governor September 26, 2016. Filed with
Secretary of State September 26, 2016.]
legislative counsel’ s digest
AB 2246, O'Donnell. Pupil suicide prevention policies.
Existing law establishes a system of public elementary and secondary schools in this state and provides for the establishment of school districts and other local educational agencies to operate these schools and provide instruction to pupils. Existing law establishes the State Department of Education in state government and vests the department with specified powers and duties relating to the state’ s public school system.
This bill would require the governing board or body of a local educational agency, as defined, that serves pupils in grades 7 to 12, inclusive, to, before the beginning of the 2017– 18 school year, adopt a policy on pupil suicide prevention, as specified, that specifically addresses the needs of high-risk groups. By imposing additional duties on local educational agencies, the bill would impose a state- mandated local program. The bill would require the department to develop and maintain a model policy to serve as a guide for local educational agencies.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
a) According to the latest 2013 data from the federal Centers for Disease Control and Prevention, suicide is the second leading cause of death for youth and young adults 10 to 24 years of age, inclusive. b) As children and teens spend a significant amount of their young lives in school, the personnel who interact with them on a daily basis are in a prime position to recognize the warning signs of suicide and make the appropriate referrals for help.
95 c) In a national survey conducted by the Jason Foundation, the number one person whom a pupil would turn to for helping a friend who might be suicidal was a teacher. It is imperative that when a young person comes to a teacher for help, the teacher has the knowledge, tools, and resources to respond.
d) There are national hotlines available to help adults and lesbian, gay, bisexual, transgender, or questioning ( LGBTQ) youth experiencing suicidal ideation, including the National Suicide Prevention Lifeline and the Trevor Project, respectively.
e) According to the Family Acceptance Project, research has found that, for an LGBTQ youth, having at least one supportive adult can reduce the youth’ s risk of suicide.
f) A model policy on suicide prevention created in consultation with suicide prevention experts and other stakeholders is available through the Trevor Project for adoption or adaptation, or both, by the State Department of Education and local educational agencies.
SEC. 2. Article 2.5 (commencing with Section 215) is added to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, to read:
Article 2.5. Pupil Suicide Prevention Policies
215. ( a) 1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school- employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention.
2) The policy shall specifically address the needs of high-risk groups, including, but not limited to, all of the following:
A) Youth bereaved by suicide.
B) Youth with disabilities, mental illness, or substance use disorders.
C) Youth experiencing homelessness or in out-of-home settings, such as foster care.
D) Lesbian, gay, bisexual, transgender, or questioning youth. 3) A) The policy shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on suicide awareness and prevention.
B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services.
C) Materials approved for training may also include programs that can be completed through self-review of suitable suicide prevention materials. 95 Ch. 642 2 —
4) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee’ s credential or license.
Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so.
5) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies.
b) For purposes of this section, “ local educational agency” means a county office of education, school district, state special school, or charter school.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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95 3 — Ch. 642—
TheresaBass
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AB-1767Pupilsuicidepreventionpolicies.
2019-2020)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1767 AB-2246Pupilsuicidepreventionpolicies.
2015-2016)
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2246 1 SB 224
Date of Hearing: July 7, 2021
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
SB 224 ( Portantino) – As Amended May 20, 2021
SENATE VOTE: 39-0
SUBJECT: Student instruction: mental health education
SUMMARY: Requires each local educational agency ( LEA) and charter school to ensure that all students in grades 1 to 12 receive medically accurate, age-appropriate mental health education from trained instructors, at least once in elementary school, junior high school or middle school, and high school. Specifically, this bill:
1) Requires each school district, county office of education, charter school, and the State Special Schools for the Blind and the Deaf to ensure that all students in grades 1 through 12 receive evidence-based, age-appropriate mental health education from instructors trained in the appropriate courses.
2) Requires that each student receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. 3) Requires this instruction to include all of the following:
a) Reasonably designed instruction on the overarching themes and core principles of mental health;
b) Defining signs and symptoms of common mental health challenges. Depending on student age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder; c) Elucidating the evidence- based services and supports that effectively help individuals manage mental health challenges;
d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self- esteem, and a positive school and home environment in which students feel comfortable;
e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that students know to take action before a situation turns into a crisis. Requires that this include instruction on both of the following:
i. How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a student SB 224
personnel services credential, school psychologists, and school social workers, and in the community for themselves or others; and
ii. Evidence- based and culturally responsive practices that are proven to help overcome mental health challenges.
f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse;
g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges; and h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. Requires that this include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance.
4) Requires instruction and materials to be:
a) Appropriate for use with students of all races, genders, sexual orientations, and ethnic and cultural backgrounds, students with disabilities, and English learners; b) Accessible to students with disabilities, including, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids; c) Not reflect or promote bias against any person on the basis of any category protected by anti-discrimination provisions of current law; and
d) Coordinated with any existing on- campus mental health providers including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by students for assistance.
5) States that these requirements do not limit a student’ s health and mental health privacy or confidentiality rights.
6) Prohibits a student receiving this instruction from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including for the purpose of the peer component of instruction authorized by the measure. 7) Establishes the following definitions for purposes of the measure:
a) “ Age appropriate” has the same meaning as defined refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group;
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b) “ English learner” has the same meaning as used in federal law; c) “ Evidence-based” means verified or supported by research conducted in compliance with scientific methods and published in peer- reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field; and
d) “ Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence-based research on mental health.
EXISTING LAW:
1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health.
2) Requires the Instructional Quality Commission ( IQC), during the next revision of the publication “ Health Framework for California Public Schools” ( Health Curriculum Framework), to consider developing, and recommending for adoption by the State Board of Education ( SBE), a distinct category on mental health instruction to educate students about all aspects of mental health.
3) Requires, for purposes of this requirement, that “ mental health instruction” include, but not be limited to, all of the following:
a) Reasonably designed and age- appropriate instruction on the overarching themes and core principles of mental health;
b) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including posttraumatic stress disorder; c) Elucidating the services and supports that effectively help individuals manage mental health challenges;
d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which students feel comfortable;
e) Ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so students know to take action before a situation turns into a crisis. This should include instruction on both of the following:
i. How to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others; and
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ii. Appropriate evidence- based research and practices that are proven to help overcome mental health challenges.
f) The connection and importance of mental health to overall health and academic success as well as to co-occurring conditions, such as chronic physical conditions and chemical dependence and substance abuse;
g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental health challenges; h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. Requires that this include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance;
4) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill could result in a reimbursable state mandate ranging from the millions to low tens millions of dollars statewide in Proposition 98 General Fund each year for LEAs to provide the prescribed mental health education. This estimate assumes LEA training costs that range from $ 1,000 to $5,000 for each school in the state. Charter schools would also incur additional costs but are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K -12 Mandates Block Grant and this bill could lead to pressure to increase it (Proposition 98 General Fund).
COMMENTS:
Need for the bill. According to the author’s office, “ Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more daytime hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth.
Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.” Health education in California schools. According to data published by the California Department of Education ( CDE), in the 2018- 19 school year, over 170, 400 middle and high school students were enrolled in a Health Education course. Nearly 12,000 health courses were offered, in over 1,600 schools. Health education is sometimes provided in courses not specifically designated as health courses, such as in physical education and or an advisory SB 224
period, and if this bill were to be enacted, LEAs which do not require a health course for graduation would need to provide this instruction in such a manner. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes content in health, but the amount of time dedicated to health education in those grades is not reported to the state.
A course in health is not a statewide graduation requirement, but current law authorizes school districts to establish local graduation requirements in addition to those required by state law , and some school districts have chosen to make a course in health a local graduation requireme nt.
According to school district websites reviewed this year, 6 of the largest 10 school districts by enrollment require a course in health for graduation.
This bill is modeled after the California Healthy Youth Act (CHYA), which requires schools to teach comprehensive sexual health education and HIV prevention education in three grade spans and specifies content, instructional, and instructor training requirements. The content of the instruction required by this bill largely mirrors the content required to be considered for inclusion in the Health Curriculum Framework under current law.
Recently adopted Health Curriculum Framework includes mental health content . California has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the current Health Education Curriculum Framework. The revised framework includes a significant amount of content and guidance on instructional strategies relating to mental health, including most if not all of the content required to be considered for inclusion under current law. After a new curriculum framework is adopted, the SBE typically adopts instructional materials for grades K -8 which align to the framework, but in 2020 the SBE cancelled the adoption of health instructional materials due to lack of publisher interest.
Youth mental health crisis intensifying as a result of the COVID -19 pandemic. The American Academy of Pediatrics noted in recent guidance that “ emotional and behavioral health challenges were of growing concern before the COVID-19 pandemic, and the public health emergency has only exacerbated these challenges.” Prior to the COVID 19 pandemic, the incidence of youth mental health crises was increasing at an alarming rate. Suicide rates among youth ages 10-24 increased over 57% between 2007 and 2018, and as of 2018 suicide was the second leading cause of death for youth ages 15 -19, according to the Centers for Disease Control and Prevention ( CDC). Youth visits to pediatric emergency departments for suicide and suicidal ideation also doubled during this time period (Burstein, 2019).
The COVID 19 pandemic has dealt a particularly hard blow to students’ mental health and wellbeing. The pandemic increased social isolation, disrupted routines, and eliminated social traditions and rites of passage, all while also reducing students’ access to schools, which serve as the de facto mental health system for children and adolescents. For students from families also facing economic and other challenges, the crisis is deeper still.
The available evidence documents intensifying mental health impacts among students during the pandemic:
FAIR Health analyzed data from its database of over 32 billion private healthcare insurance claim records, tracking month- by-month changes from January to November 2020 compared to the same months in 2019 and found:
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o Overall Mental Health: In March and April 2020, mental health claim lines for individuals aged 13-18, as a percentage of all medical claim lines, approximately doubled over the same months in the previous year;
o Intentional Self-Harm: Claims for intentional self-harm as a percentage of all medical claim lines in the 13 -18 age group comparing April 2020 to April 2019, doubled ( 100%);
o Overdoses: For the age group 13-18, claim lines for overdoses increased by 119% in April 2020 over the same month the year before; and
o Anxiety and Depressive Disorders: For the age group 13-18, in April 2020, claim lines for generalized anxiety disorder increased 93.6% as a percentage of all medical claim lines over April 2019, while major depressive disorder claim lines increased 84% and adjustment disorder claim lines 90%.. Claims for obsessive compulsive disorder also increased for children aged 6-12.
California Department of Public Health ( CDPH) data showed 134 youth under age 18 in California died by suicide in 2020, up 24% from 108 in 2019, and well above totals from 2017 and 2018.
According to the University of California, San Francisco, data from hospitals in the Bay Area showed a 66- 75% increase among 10- to 17- year- olds screening positive for active or recent suicidal ideation in the last year.
National data from the CDC showed a 50% increase in emergency department visits for suicide attempts among American adolescents ( mainly girls) during the pandemic.
Arguments in support. Children Now writes, “ Now more than ever, it is critical that California equip all of its students with the information and tools necessary to promote positive mental health, and to seek mental health support and treatment when needed. SB 224 will ensure that students receive mental health education from a qualified instructor at least once during elementary school, once during middle school, and once during high school. This education will help increase awareness, empower students to seek support, and reduce the stigma associated with experiencing mental health challenges.”
Arguments in opposition. The Citizens Commission on Human Rights writes, “ We believe that the right to informed consent for all mental health treatment – a right which is firmly established in California law – is a fundamental right for all citizens. SB 224 does not require that student education on mental health include training on the right of informed consent.” Recommended Committee amendments. Staff recommends that the bill be amended as follows:
1) Require instead that LEAs and charter schools which currently offer one or more courses in health education to middle or high school to students shall include in those courses content in mental health that meets the requirements of this section ( content and requirements of SB 224). State that nothing in the act shall be construed to limit local educational agencies and charter schools in offering or requiring instruction in mental health as specified in this act.
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2) Require that, on or before January 1, 2024, the CDE develop a plan to expand mental health instruction in California public schools.
Related legislation. SB14 (Portantino) of this Session would add “for the benefit of the mental or behavioral health of the student” to the list of categories of excused absences for purpose s of school attendance; would require the CDE to identify an evidence-based training program for LEAs to use to train classified and certificated school employees having direct contact with students in youth mental and behavioral health and an evidence- based mental and behavioral health training program with a curriculum tailored for students in grades 10 to 12, inclusive.
AB 309 ( Gabriel) of this Session requires the CDE to develop model student mental health referral protocols, in consultation with relevant stakeholders, subject to the availability of funding for this purpose.
AB 563 ( Berman) of this Session requires the CDE to establish an Office of School- Based Health Programs for the purpose of improving the operation of, and participation in, schoolbased health programs. Requires that $ 500,000 in federal reimbursements be made available for transfer through an interagency agreement to CDE for the support of the Office.
AB 586 (O’Donnell) of this Session establishes the School Health Demonstration Project to expand comprehensive health and mental health services to students by providing intensive assistance and support to selected LEAs to build the capacity for long- term sustainability through leveraging multiple funding streams and partnering with county Mental Health Plans, Managed Care Organizations, and community-based providers. Lessons learned through the pilot project would be used as a basis to scale up robust and sustainable school- based health and mental health services throughout the state.
SB 428 ( Pan) of the 2019- 20 Session would have required the CDE to identify an evidencebased training program for local educational agencies to use to train classified and certificated school employees having direct contact with students in youth mental and behavioral health. SB 428 was vetoed by the Governor, who stated:
This bill would require the CDE to identify an evidence- based training program on youth mental health for LEAs to use to train classified and certificated employees who have direct contact with students at each school site. Providing support for students facing mental health is of critical importance. Multiple public agencies beyond CDE hold a responsibility for addressing the mental health crisis impacting young people today. That is why I worked with the Legislature to appropriate $ 50 million in this year's budget to create the Mental Health Student Services Act. Mental health partnerships among county mental health or behavioral health departments, school districts, charter schools and county offices of education are best positioned to address the diverse mental health needs of young people.
AB 1808 (Committee on Budget) Chapter 32, Statutes of 2018 , requires the CDE to identify one or more evidence-based online training programs that an LEA can use to train school staff and students as part of the LEA’ s policy on student suicide prevention. Also requires the CDE to provide a grant to a COE to acquire a training program identified by the CDE and disseminate that training program to LEAs at no cost. Also appropriates, for the 2018 –19 fiscal year, the sum of $1,700,000 from the General Fund to the SPI for these purposes.
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AB 329 ( Weber), Chapter 398, Statutes of 2015, requires LEAs to provide instruction in sexual health education, revises HIV prevention education content, expands topics covered in sexual health education, requires this instruction to be inclusive of different sexual orientations, and clarifies parental consent policy.
SB 330 (Padilla), Chapter 481, Statutes of 2013, requires, when the Health Framework was next revised, the IQC to consider developing and recommending to the SBE a distinct category on mental health instruction to educate pupils about all aspects of mental health.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alliance of Child and Family Services ( co -sponsor) California Association of Student Councils ( co-sponsor) Generation Up (co-sponsor)
Mental Health Services Oversight and Accountability Commission ( co- sponsor) National Alliance on Mental Illness ( co-sponsor)
National Center for Youth Law (co-sponsor)
The Children' s Partnership ( co- sponsor)
AFSCME, AFL-CIO
Alliance for Children's Rights
American Academy of Pediatrics, California
American Civil Liberties Union of Northern California, Southern California, San Diego and Imperial Counties
Aviva Family and Children' s Services
California Council of Community Behavioral Health Agencies California Academy of Child and Adolescent Psychiatry
California Access Coalition
California Association for Bilingual Education
California Association for Health, Physical Education, Recreation and Dance California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Association of School Psychologists
California Catholic Conference
California Hospital Association/California Association of Hospitals and Health Systems California Psychological Association
California School-based Health Alliance
Californians for Justice
Californians Together
Casa Pacifica Centers for Children and Families
Children Now
City of Santa Monica
County Behavioral Health Directors Association of California DBSA California
Disability Rights California
Dolores Huerta Foundation
Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Hathaway-Sycamores
SB 224
Hillsides
Jewish Public Affairs Committee
Los Angeles County Office of Education
Mental Health America of Los Angeles
NAMI California
National Association of Social Workers, California Chapter Nextgen California
Psychiatric Physicians Alliance of California
Public Advocates
San Francisco Unified School District
Steinberg Institute
The Kennedy Forum
United Parents
Vision Y Compromiso
Wellness Together
Westcoast Children's Clinic
Several individuals
Opposition
Citizens Commission on Human Rights
Analysis Prepared by: Tanya Lieberman / ED. / (916) 319-2087
SENATE COMMITTEE ON EDUCATION
Senator Connie Leyva, Chair
2021 - 2022 Regular
Bill No: SB 224 Hearing Date: March 10, 2021
Author: Portantino
Version: January 14, 2021
Urgency: No Fiscal: Yes
Consultant: Brandon Darnell
Subject: Pupil instruction: mental health education
SUMMARY
This bill requires each school district to ensure that all pupils in grades 1 to 12, inclusive, receive medically accurate, age -appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school.
BACKGROUND
Existing law:
1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. (Education Code § 51210) 2) Requires the Instructional Quality Commission (IQC), during the next revision of the publication “ Health Framework for California Public Schools” ( health framework), to consider developing, and recommending for adoption by the State Board of Education (SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. ( EC §51900.5) 3) Specifies, for purposes of (1) above, that “mental health instruction” shall include, but not be limited to, all of the following:
a) Reasonably designed and age -appropriate instruction on the overarching themes and core principles of mental health.
b) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder.
c) Elucidating the services and supports that effectively help individuals manage mental health challenges.
d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem SB 224 (Portantino) Page 2 of 6
solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable.
e) Ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so pupils know to take action before a situation turns into a crisis. This should include instruction on both of the following:
i) How to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others.
ii) Appropriate evidence -based research and practices that are proven to help overcome mental health challenges.
f) The connection and importance of mental health to overall health and academic success as well as to co -occurring conditions, such as chronic physical conditions and chemical dependence and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental health challenges.
h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance. ( EC §51900.5)
4) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. (EC §51900.5)
ANALYSIS
This bill requires each school district to ensure that all pupils in grades 1 to 12, inclusive, receive medically accurate, age -appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. Specifically, this bill:
1) Requires the instruction to include all of the following:
a) Reasonably designed instruction on the overarching themes and core principles of mental health.
SB 224 (Portantino) Page 3 of 6
b) Defining common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder.
c) Elucidating the medically accurate services and supports that effectively help individuals manage mental health challenges.
d) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable.
e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following:
i) How to seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others.
ii) Medically accurate evidence-based research and culturally responsive practices that are proven to help overcome mental health challenges.
f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges.
h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance.
STAFF COMMENTS
1) Need for the bill. According to the author’s office, “Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at school than at home, the SB 224 (Portantino) Page 4 of 6
public education system is the most efficient and effective setting for providing universal mental health education to children and youth.
Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.”
2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12 -17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007.
One-in-five ( 2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9 - 12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. 32 percent felt sad or hopeless almost every day for 2 or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. 17 percent of pupils in grades 9-12 reported considering suicide attempts, while 9 percent reported they attempted suicide at least once within the past 12 month.
This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients’ ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase. 3) COVID -19 has had an exacerbating effect on mental health issues.
According to the 2020 report, “Roadmap for Resilience: The California Surgeon General’s Report on Adverse Childhood Experiences, Toxic Stress, and Health,” COVID-19 has only furthered the mental health issues children face. As the report notes, “For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children’s academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults.”
4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies teach health in some capacity in middle school and high school, there is no requirement to do so SB 224 (Portantino) Page 5 of 6
beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act (CHYA). This bill mimics the CHYA’s approach to require specific mental health instruction in school districts. Recently, the CHYA was amended to apply to all local educational agencies, including charter schools (AB 2601 (Weber, Ch. 495, Stats. 2018). Accordingly, staff recommends that the bill be amended to apply to all local educational agencies, including school districts, county offices of education, state special schools, and charter schools. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health.
On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027. 6) Related legislation. SB 14 (Portantino, 2021) (1) specifically adds “for the benefit of the mental or behavioral health of the pupil” to the list of categories of excused absences for purposes of school attendance, and (2) requires the California Department of Education (CDE) to identify (A) an evidence-based training program for local education agencies (LEAs) to use to train classified and certificated school employees having direct contact with pupils in youth mental and behavioral health, and (B) an evidence-based mental and behavioral health training program with a curriculum tailored for pupils in grades 10 to 12, inclusive.
SB 14 is scheduled to be heard by this committee on March 10, 2021.
SUPPORT
California Association of Student Councils (Co -sponsor) The Children's Partnership (Co -sponsor)
American Civil Liberties Union – California
Aviva Family and Children's Services
California Academy of Child and Adolescent Psychiatry
California Association of Health, Physical Education, Recreation & Dance California Association of Marriage and Family Therapists California Association of Local Behavioral Health Boards and Commissions California Hospital Association
California School-based Health Alliance
CASA Pacifica Centers for Children and Families
Children Now
City of Santa Monica
SB 224 (Portantino) Page 6 of 6
County Behavioral Health Directors Association of California Disability Rights California
Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up
Mental Health America of Los Angeles
Mental Health Services Oversight and Accountability Commission Public Advocates, Inc.
Psychiatric Physicians Alliance of California
San Francisco Unified School District
The Kennedy Forum
Wellness Together
OPPOSITION
None received
END --
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
916) 651- 1520 Fax: ( 916) 327-4478
SB 224
THIRD READING
Bill No: SB 224
Author: Portantino ( D) and Rubio ( D), et al.
Amended : 5/20/21
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/10/21
AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/20/21
AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski SUBJECT: Pupil instruction: mental health education
SOURCE: California Alliance of Child & Family Services
California Association of Student Councils
California Youth Empowerment Network
Mental Health Services Oversight & Accountability Commission National Alliance on Mental Illness
National Center for Youth Law
The Children’ s Partnership
DIGEST: This bill requires each school district , county office of education COE), state special school, and charter scho olto ensure that all pupils in grades 1 to 12, inclusive, receive evidence- based , age- appropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school.
ANALYSIS:
Existing law:
1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and SB 224
practices of individual, family, and community health. ( Education Code § 51210)
2) Requires the Instructional Quality Commission ( IQC), during the next revision of the publication “ Health Framework for California Public Schools” ( health framework), to consider developing, and recommending for adoption by the State Board of Education ( SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. ( EC §51900. 5) 3) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. ( EC § 51900. 5)
This bill requires each school district, COE, state special school, and charter to ensure that all pupils in grades 1 to 12, inclusive, receive evidence- based , ageappropriate mental health education from instructors trained in the appropriate courses, and that each pupil receive this instruction at least once in elementary school, at least once in junior high school or middle school, and at least once in high school. Specifically, this bill:
1) Requires the instruction to include all of the following:
a) Reasonably designed instruction on the overarching themes and core principles of mental health.
b) Defining signs and symptoms of common mental health challenges.
Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder.
c) Elucidating the evidence- based services and supports that effectively help individuals manage mental health challenges.
d) Promoting mental health wellness and protective factors , which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self -esteem, and a positive school and home environment in which pupils feel comfortable.
SB 224
e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following:
i) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. ii) Evidence- based research and culturally responsive practices that are proven to help overcome mental health challenges.
f) The connection and importance of mental health to overall health and academic success and to co -occurring conditions, such as chronic physical conditions, chemical dependence, and substance ab use.
g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges.
h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance.
2) Requires instruction and materials required for these purposes to satisfy all of the following:
a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.
b) Be accessible to pupils with disabilities, including, but not limited to, providing a mod ified curriculum, materials and instruction in alternative formats, and auxiliary aids.
SB 224
c) Not reflect or promote bias against any person on the basis of any category protected by state law.
3) Specifies that its provisions do not limit not a pupil’ s health and mental health privacy or confidentiality rights .
4) Prohibits a pupil from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component. 5) Specifies the following definitions:
a) “ Age appropriate” refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.
b) “ Evidence- based” means verified or supported by research conducted in compliance with scientific methods and published in peer -reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. c) “ Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence- based research on mental health. 6) Includes legislative findings and declarations relating to these provisions.
Comments
1) Need for this bill. According to the author’ s office, “ Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth.
Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because SB 224
they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.”
2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12-17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One-in -five ( 2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9-12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. Thirty- two percent felt sad or hopeless almost every day for two or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. Seventeen percent of pupils in grades 9-12 reported considering suicide attempts, while nine percent reported they attempted suicide at least once within the past 12 months .
This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients’ ages 13 to 21 who had a primary diagnosis involvin g mental health. That is up from 59,705 in 2012, a 42 percent increase. 3) COVID -19 has had an exacerbating effect on mental health issues. According to the 2020 report, “ Roadmap for Resilience: The California Surgeon General’ s Report on Adverse Childho od Experiences, Toxic Stress, and Health,” COVID19 has only furthered the mental health issues children face. As the report notes, “ For many children, the school is a bedrock of community belonging.
The pandemic has not only disrupted children’ s academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults.”
SB 224
4) Health is not a required course or topic in middle school or high school . As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies ( LEAs) teach health in some capacity in middle school and high sc hool, there is no requirement to do so beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act (CHYA). This bill mimics the CHYA’ s approach to require specific mental health instruction in school districts. 5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision. The health framework will not be revised again until 2027.
Related/ Prior Legislation
SB 14 (Portantino, 2021) includes, specifically, “ for the benefit of the mental or behavioral health of the pupil” to the “ illness” category for excused absences for purposes of school attendance; and requires the California Department of Education to identify ( 1) an evidence- based training program for LEAs to use to train clas sified and certificated school employees having direct contact with pupils in youth mental and behavioral health, and ( 2) an evidence- based mental and behavioral health training program with a curriculum tailored for pupils in grades 10 to 12, inclusive. SB 14 is pending on the Senate Floor.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SB 224
According to the Senate Appropriations Committee, this bill could result in a reimbursable state mandate ranging from the millions to low tens millions of dollars statewide in Proposition 98 General Fund each year for LEAs to provide the prescribed mental health education. This estimate assumes LEA training costs that range from $1,000 to $5,000 for each school in the state. Charter schools would also incur additional costs but are not eligible to claim reimbursement for state mandated activities. However, they do receive funding from the K-12 Mandates Block Grant and this bill could lead to pressure to increase it Proposition 98 General Fund).
SUPPORT: ( Verified 5/21/21)
California Alliance of Child & Family Services ( co-source) California Association of Student Councils ( co-source) California Youth Empowerment Network ( co-source)
Mental Health Services Oversight & Accountability Commission ( co-source) National Alliance on Mental Illness ( co-source)
National Center for Youth Law ( co-source)
The Children' s Partnership ( co-source)
AFSCME
Alliance for Children’ s Rights
American Academy of Pediatrics
American Civil Liberties Union – California
Aviva Family and Children' s Services
California Academy of Child and Adolescent Psychiatry
California Association for Bilingual Education
California Association for Health, Physical Education, Recreation & Dance California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Catholic Conference
California Hospital Association
California School- based Health Alliance
Californians for Justice
Californians Together
CASA Pacifica Centers for Children and Families
Children Now
City of Santa Monica
County Behavioral Health Directors Association of California Disability Rights California
Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up
SB 224
Hillsides
Los Angeles County Office of Education
Mental Health America of Los Angeles
National Association of Social Workers, California Chapter NextGen California
Psychiatric Physicians Alliance of California
Public Advocates
San Francisco Unified School District
Steinberg Institute
The Kennedy Forum
United Parents
Wellness Together
Westcoast Children’ s Clinic
OPPOSITION: ( Verified 5/21/21)
None received
Prepared by: Brandon Darnell / ED. / ( 916) 651- 4105
5/25/21 10:10:13
END ****
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
916) 651- 1520 Fax: ( 916) 327- 4478
SB 224
UNFINISHED BUSINESS
Bill No: SB 224
Author: Portantino ( D) and Rubio ( D), et al.
Amended: 8/30/21
Vote: 21
SENATE EDUCATION COMMITTEE: 7-0, 3/10/21
AYES: Leyva, Ochoa Bogh, Cortese, Dahle, Glazer, McGuire, Pan SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/20/21
AYES: Portantino, Bates, Bradford, Jones, Kamlager, Laird, Wieckowski SENATE FLOOR: 39-0, 6/1/21
AYES: Allen, Archuleta, Atkins, Bates, Becker, Borgeas, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hertzberg, Hueso, Hurtado, Jones, Kamlager, Laird, Leyva, Limón, McGuire, Min, Newman, Nielsen, Ochoa Bogh, Pan, Portantino, Roth, Rubio, Skinner, Stern, Umberg, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Melendez
ASSEMBLY FLOOR: 72-1, 9/2/21 - See last page for vote
SUBJECT: Pupil instruction: mental health education
SOURCE: California Alliance of Child & Family Services
California Association of Student Councils
California Youth Empowerment Network
Mental Health Services Oversight & Accountability Commission National Alliance on Mental Illness
National Center for Youth Law
The Children’ s Partnership
DIGEST: This bill requires schools that offer one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health, as specified.
SB 224
Assembly Amendments ( 1) delete the requirement that all pupils in grades 1 to 12 receive mental health instruction, and instead limit the scope of this bill to apply requirements only to those schools that offer courses in health in middle or high schools; ( 2) delete the requirement that pupils receive this instruction at least once in elementary school, at least once in middle/ junior high school, and at least once in high school; and ( 3) require the California Department of Education ( CDE) to develop a plan, by January 1, 2024, to expand mental health instruction in California public schools.
ANALYSIS:
Existing law:
1) Requires the adopted course of study for grades 1 to 6, inclusive, to include instruction, beginning in grade 1 and continuing through grade 6, in specified areas of study that include health, including instruction in the principles and practices of individual, family, and community health. ( Education Code § 51210)
2) Requires the Instructional Quality Commission ( IQC), during the next revision of the publication “ Health Framework for California Public Schools” ( health framework), to consider developing, and recommending for adoption by the State Board of Education ( SBE), a distinct category on mental health instruction to educate pupils about all aspects of mental health. ( EC §51900. 5) 3) Requires the IQC, in the normal course of recommending curriculum frameworks to the SBE, to ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. ( EC §51900. 5)
This bill requires schools that offer one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health. Specifically, this bill:
1) Requires each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of this bill.
2) Provides that this is not to be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instruction in mental health as specified in this bill.
SB 224
3) Requires the instruction to include all of the following:
a) Reasonably designed instruction on the overarching themes and core principles of mental health.
b) Defining signs and symptoms of common mental health challenges.
Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post- traumatic stress disorder.
c) Elucidating the evidence- based services and supports that effectively help individuals manage mental health challenges.
d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable.
e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following:
i) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. ii) Evidence- based research and culturally responsive practices that are proven to help overcome mental health challenges.
f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse.
g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges.
SB 224
h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance.
4) Requires instruction and materials required for these purposes to satisfy all of the following:
a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.
b) Be accessible to pupils with disabilities, including, but not limited to, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids.
c) Not reflect or promote bias against any person on the basis of any category protected by state law.
5) Specifies that its provisions do not limit not a pupil’ s health and mental health privacy or confidentiality rights.
6) Prohibits a pupil from being required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component. 7) Requires CDE to develop a plan, by January 1, 2024, to expand mental health instruction in California public schools.
8) Specifies the following definitions:
a) “ Age appropriate” refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.
b) “ Evidence- based” means verified or supported by research conducted in compliance with scientific methods and published in peer- reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field.
SB 224
c) “ Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence- based research on mental health. 9) Includes legislative findings and declarations relating to these provisions.
Comments
1) Need for this bill. According to the author’ s office, “ Education about mental health is one of the best ways to increase awareness, empower students to seek help, and reduce the stigma associated with mental health challenges. Schools are ideally positioned to be centers of mental health education, healing, and support. As children and youth spend more hours at school than at home, the public education system is the most efficient and effective setting for providing universal mental health education to children and youth.
Historically, health education in subjects such as alcohol, tobacco and drugs, the early detection of certain cancers, and HIV have become required because they were recognized as public health crises. The mental health of our children and youth has reached a crisis point. California must make educating its youth about mental health a top priority.”
2) Increasing occurrences of pupil mental health issues. According to a Pew Research Center analysis of data from the 2017 National Survey on Drug Use and Health, in 2017, 3.2 million teens aged 12 -17 said they had at least one depressive episode within the past 12 months. This is up by 1.2 million from the same survey conducted by the National Survey on Drug Use and Health in 2007. One-in-five (2.4 million) teenage girls reported experiencing one depressive episode in 2017, compared to 845,000 teenage boys. According to data from the Centers for Disease Control and Prevention, 13 percent of students in grades 9-12 in California in 2017 reported experiencing at least one depressive episode within the last 12 months. Thirty-two percent felt sad or hopeless almost every day for two or more weeks in a row so that they stopped doing some usual activities within the past year, compared to 31 percent for the United States. Seventeen percent of pupils in grades 9 -12 reported considering suicide attempts, while nine percent reported they attempted suicide at least once within the past 12 months.
This trend is confirmed by data from the Office of Statewide Health Planning and Development. In 2019, emergency rooms throughout California treated 84,584 young patients’ ages 13 to 21 who had a primary diagnosis involving mental health. That is up from 59,705 in 2012, a 42 percent increase.
SB 224
3) COVID- 19 has had an exacerbating effect on mental health issues. According to the 2020 report, “ Roadmap for Resilience: The California Surgeon General’ s Report on Adverse Childhood Experiences, Toxic Stress, and Health,” COVID19 has only furthered the mental health issues children face. As the report notes, For many children, the school is a bedrock of community belonging. The pandemic has not only disrupted children’ s academic opportunities and connections with their peers and educators, it has also surfaced new and difficult experiences in the home: fear, anxiety, financial distress, food and housing insecurity, and countless other challenges. Economic uncertainty is associated with increases in harsh parenting, which increases risk for child abuse and neglect, and the loss of friends and family through illness and isolation can also increase the total dose of acute stress and adversity and reduce the dose of buffering supports available from caregivers, educators, and other adults.”
4) Health is not a required course or topic in middle school or high school. As noted above, the adopted course of study for grades 1 to 6, inclusive, includes health. However, there is not similar requirement for the adopted course of study for grades 7 to 12, inclusive. Health is also not a statewide graduation requirement. While it is true that many local educational agencies ( LEAs) teach health in some capacity in middle school and high school, there is no requirement to do so beyond the requirement to teach comprehensive sexual health education and HIV prevention education, which is not specific to mental health, which is required at least once in middle school and once in high school via the California Healthy Youth Act.
5) Recently adopted heath framework includes mental health. While health is not a specifically required topic or course in middle school or high school, the SBE has adopted both content standards and a curriculum framework for health. On May 8, 2019, the SBE adopted the 2019 Health Education Curriculum Framework for California Public Schools, Transitional Kindergarten Through Grade Twelve. The revised framework includes additional instructional strategies relating to mental health. While this bill includes that the same language relating to mental health that existing law required the IQC to consider including in the revised framework, to the extent that the framework does not include each specific item, the bill would require the inclusion of instruction that the health framework does not require. This would repeat a similar problem raised by the CHYA, which required instruction for several years that was not covered by the health framework until its recent revision.
The health framework will not be revised again until 2027.
SB 224
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee:
1) Unknown, though potentially significant, ongoing Proposition 98 General Fund costs to LEAs that offer courses in health instruction to include instruction in mental health in those courses. Costs would vary by LEA and likely would be associated with preparing teachers to instruct in these topics or hire consultants to instruct on these topics and potentially to purchase materials and other tools to aid in instruction. Although this bill does not require teacher preparation on these topics, it is reasonable to assume some teachers will require additional supports to ensure their instruction complies with the bill's provisions.
According to CDE data, in the 2018- 19 academic year, about 1,600 LEAs offered about 12,000 courses in health education to about 170,000 students. If each LEA offering health courses spent $ 1,000 for teacher preparation and other costs to comply this bill, statewide costs to schools would be $1.6 million.
Because LEAs opt into offering health education courses, placing additional requirements on these courses, as this bill does, likely would not constitute a state- mandated local program.
2) Minor and absorbable costs to CDE to develop a plan to increase mental health instruction in California public schools. According to CDE, its newly created Office of School- Based Health Programs can absorb this workload.
SUPPORT: ( Verified 9/2/21)
California Alliance of Child & Family Services ( co-source) California Association of Student Councils ( co-source) California Youth Empowerment Network ( co-source)
Mental Health Services Oversight & Accountability Commission ( co- source) National Alliance on Mental Illness ( co-source)
National Center for Youth Law (co-source)
The Children' s Partnership ( co- source)
AFSCME
Alliance for Children’ s Rights
American Academy of Pediatrics
American Civil Liberties Union – California
Aviva Family and Children' s Services
California Academy of Child and Adolescent Psychiatry
California Association for Bilingual Education
California Association for Health, Physical Education, Recreation & Dance SB 224
California Association of Local Behavioral Health Boards and Commissions California Association of Marriage and Family Therapists California Catholic Conference
California Hospital Association
California School- based Health Alliance
Californians for Justice
Californians Together
CASA Pacifica
Centers for Children and Families
Children Now
City of Santa Monica
County Behavioral Health Directors Association of California Depression and Bipolar Support Alliance
Disability Rights California
Five Acres - the Boys' and Girls' Aid Society of Los Angeles County Generation Up
Hillsides
Jewish Public Affairs Committee
Los Angeles County Office of Education
Mental Health America of Los Angeles
National Association of Social Workers, California Chapter NextGen California
Parent Institute for Quality Education
Psychiatric Physicians Alliance of California
Public Advocates
San Francisco Unified School District
Steinberg Institute
The Kennedy Forum
The Miles Hall Foundation
United Parents
Wellness Together
Westcoast Children’ s Clinic
OPPOSITION: ( Verified 9/2/21)
None received
ASSEMBLY FLOOR: 72-1, 9/2/21
AYES: Aguiar- Curry, Arambula, Bauer- Kahan, Bennett, Berman, Bloom, Boerner Horvath, Bryan, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, SB 224
Cooley, Cooper, Cunningham, Megan Dahle, Daly, Davies, Flora, Fong, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gray, Grayson, Holden, Irwin, Jones- Sawyer, Kalra, Kiley, Lackey, Lee, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Mullin, Muratsuchi, O'Donnell, Patterson, Petrie- Norris, Quirk, Quirk- Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Seyarto, Smith, Stone, Ting, Valladares, Villapudua, Voepel, Waldron, Ward, Akilah Weber, Wicks, Wood NOES: Frazier
NO VOTE RECORDED: Bigelow, Lorena Gonzalez, Medina, Nazarian, Nguyen, Rendon
Prepared by: Brandon Darnell / ED. / (916) 651- 4105
9/2/21 18:49:43
END ****
Senate Bill No. 224
CHAPTER 675
Anact to addArticle 6 (commencing with Section51925) to Chapter 5.5 of Part 28 of Division 4 of Title 2 of the Education Code, relating to pupil instruction.
Approved by Governor October 8, 2021. Filed with Secretary of State October 8, 2021.]
SB 224, Portantino. Pupil instruction: mental health education.
Existing lawrequires, during the next revision of the publication“ Health Framework for California Public Schools,” the Instructional Quality Commission to consider developing, and recommending for adoption by theStateBoardofEducation, adistinctcategoryonmentalhealthinstruction to educate pupils about all aspects of mental health. Existing law requires mental health instruction for these purposes to include, but not be limited specified including reasonably designed and to, elements, age- appropriate instruction on the overarching themes and core principles of mental health. officef This bill would require each school district, county education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of The bill would require that instruction tothe bill, as specified. include, among other things, reasonably designed instruction on the overarching themes and core principles of mental health. The bill would require that instruction and related materials to, among other things, be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and culturalbackgrounds, pupilswithdisabilities, andEnglishlearners. Thebill wouldrequiretheStateDepartmentofEducationtodevelopaplantoexpand mental health instruction in California public schools on or before January 1, 2024.
The people of the State of California do enact as follows:
SECTION1. ( a) TheLegislaturefindsanddeclaresallofthefollowing:
1) Mental health is critical to overall health, well-being, and academic success.
2) Mental health challenges affect all age groups, races, ethnicities, and socioeconomic classes.
93 five 3) Millions of Californians, including at least one in youths, live with mental health challenges. Millions more are affected by the mental healthchallengesof someoneelse, suchas aclosefriendorfamilymember. 4) Mentalhealtheducationisoneofthebest waystoincreaseawareness and the seeking of help, while reducing the stigma associated with mental efficient health challenges. The public education system is the most and effective setting for providing this education to all youth. b) Fortheforegoingreasons, itistheintentoftheLegislatureinenacting this measure to ensure that all California pupils ingrades 1 to12, inclusive, benefit from acomprehensive mental have the opportunity to health education.
SEC. 2. Article6( commencingwithSection51925) isaddedtoChapter
5.5 of Part 28 of Division 4 of Title 2 of the Education Code, to read:
Article 6. Mandatory Mental Health Education
officefstate 51925. Each school district, county education, special school, andcharterschoolthatoffersoneormorecoursesinhealtheducation to pupils in middle school or high school shall include in those courses instruction in mental health that meets the requirements of this article. This office section shall not be construed to limit a school district, county of education, state special school, or charter school in offering or requiring This instructioninmentalhealthasspecifiedinthisarticle. instructionshall include all of the following:
a) Reasonablydesigned instruction onthe overarching themes and core principles of mental health.
Defining signs and symptoms of common mental health b) challenges.
Dependingonpupil age anddevelopmental level, thismayincludedefining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post- traumatic stress disorder.
c) Elucidatingthe evidence- basedservicesandsupports that effectively help individuals manage mental health challenges.
d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self- esteem, and a positive school and home environment in which pupils feel comfortable.
e) The ability to identify warning signs of common mental health problemsinordertopromoteawarenessandearlyinterventionsothatpupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following:
find assistance from pofessionals and 1) How to seek and services within the school district that includes, but is not limited to, school counselorswithapupilpersonnel servicescredential, school psychologists, and school social workers, and in the community for themselves or others. 93 Ch. 675 2 —
2) Evidence- based and culturally responsive practices that are proven to help overcome mental health challenges.
f) Theconnectionandimportanceofmentalhealthtooverall healthand academic success and to co- occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse.
g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, includingtheimpactofrace, ethnicity, andcultureontheexperience and treatment of mental health challenges.
h) Stigma surrounding mental health challenges and what can be done toovercomestigma, increaseawareness, andpromoteacceptance. Thisshall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance.
51926. Instruction and materials required pursuant to this article shall satisfy all of the following:
a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners.
b) Be accessible to pupils with disabilities, including, but not limited to, providinga modifiedcurriculum, materialsandinstructioninalternative formats, and auxiliary aids.
reflect or promote bias aginstny person onthe basisof c) Not any category protected by Section 220.
d) Becoordinatedwithanyexistingon- campusmental healthproviders including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by pupils for assistance. 51927. ( a) This article does not limit a pupil’ s healthand mental health confidentiality privacy or rights.
b) A pupil receiving instruction pursuant to this article shall not be confidential health ormental required to disclose their information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component described in subdivision h) of Section 51925.
definitions 51928. For purposes of this article, the following apply:
a) “ Ageappropriate” hasthesamemeaningasdefinedinSection51931. b) “ Englishlearner” hasthesamemeaningasdefinedinSection51931. c) “ Evidence- based” meansverifiedorsupportedbyresearchconducted scientific methods an published inin compliance with peer- reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field.
d) “ Instructors trained in the appropriate courses” means instructors withknowledgeofthemostrecentevidence- basedresearchonmentalhealth. 93 3 — Ch. 675—
51929. On or before January 1, 2024, the department shall develop a plan to expand mental health instruction in California public schools.
O
93 Ch. 675 4 —
TheresaBass
From: Theresa Bass
Sent: Tuesday, January 17, 20234:50PM
To: Public Comment
Subject: FW: \[EXTERNAL\] SB224Portantino. Pupil instruction: mental health education Attachments: 202120220SB224_Senate FloorAnalyses-1.pdf; 202120220SB224_Assembly Education.pdf; 202120220SB224_Senate FloorAnalyses.pdf; 202120220SB224_Senate Education.pdf; 224Pupilinstruction mental health education.pdf From: CraigADurfey <
Sent: Monday, January16, 202311:45AM
To: NickDibs < [email protected]; CraigADurfey < RyanDurfey durfeycraig778@gmail. editoratoc-breeze.com <[email protected]>; GGEAPresident [email protected]>; COB_Response <[email protected]>; TheresaBass <[email protected]> Subject: \[EXTERNAL\] SB224Portantino. Pupilinstruction: mentalhealtheducation Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
FromCraigADurfey
[email protected]
SB-224Pupilinstruction: mentalhealtheducation.
2021-2022)
Approved byGovernorOctober8, 2021. FiledwithSecretary
ofStateOctober8, 2021.\]
1 TheresaBass
From:+ 17146128035@tmomail. net
Sent: 12:43PM
To: Public Comment
Subject:\[ EXTERNAL\]
Attachments: text.000001.txt
Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
1 West Anaheim deserves more. Wedeserve thebest. Whynot? Weareablank canvas.
The audacity thecityhas tpdecide wewanted painted murals afterallourinput for theBeach blvdSpecific Plan states otherwise. Wedonotwant murals. Wewant high class, upscale, deserving shopping, restauant dining, entertainment and more.
READ THEBEACH BLVD SPECIFIC PLAN.
WestAnaheimdeservesmore. Wedeservethebest. Whynot? Weareablankcanvas. Theaudacitythecityhastpdecidewewan blvdSpecificPlanstatesotherwise. Wedonotwantmurals. Wewanthighclass, upscale, deserving shopping, restauantdining, en SPECIFIC PLAN. 2
3 TheresaBass
From: Theresa Bass
Sent: Wednesday, January 18, 202311:41PM
To: Public Comment
Subject: FW: \[EXTERNAL\] The14thannual National DayofUnplugging 2023isMarch 3-4 From: CraigADurfey <
Sent: Wednesday, January18, 202310:00PM
To: CraigADurfey < RyanDurfey < [email protected]; [email protected]; [email protected]; [email protected]; Zak.Castillo[email protected]; [email protected]; [email protected]; [email protected]; Assemblymember Quirk-Silva <assemblymember.quirk[email protected]>; editoratoc-breeze.com <[email protected]>; Assemblymember Davies [email protected]>; PIODepartment <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; NickDibs <[email protected]>; TheresaBass <[email protected]>; PublicRecords Request <[email protected]>; COB_Response <[email protected]>; [email protected]; [email protected] Subject: \[EXTERNAL\] The14thannualNationalDayofUnplugging 2023isMarch3-4 Warning: Thisemail originated from outside theCityofAnaheim. Donotclicklinksoropen attachments unless yourecognize thesender andareexpecting themessage. 01-18-2023
CraigADurfey
Towhom itmayconcern
Request aresolution:
The14thannualNationalDayofUnplugging2023isMarch3-4
https://socialemotionalpaws. com/blog-post-1/f/the-14th-annual-national-day-of-unplugging-2023-is-march-3-4 National DayofUnplugging isanawareness campaign thatpromotes a24-hourrespite from technology annually observed thefirstweekend inMarch. Formorethan adecade, schools, religious institutions and businesses haveused ourresources toinspire healthy life/techbalance within their communities. Participation is opentoanyone whowishes toelevate human connection overdigital engagement.
Joinusbyspending anhourorafulldayaway fromtechnology onNational DayofUnplugging, sundown-to-sundown) March 3-4, 2023.
National DayofUnplugging hasbeenaround foroveradecade andisnowaproject ofUnplug Collaborative, anon-profit, membership organization formed inFebruary 2020. Learn more about Unplug Collaborative here. 1 National DayofUnplugging Membership isopentoanyeducator, organizer, parent orindividual whowants to spread awareness about howtomaintain healthy life/tech balance.
Forthelastdecade, theNDU campaign hascontinued togrowatanimpressive rate. Todate, there aremore than135,000people whohaveparticipated inevents hosted byover1,000schools, religious institutions and businesses worldwide.
HistoryofNationalDayofUnplugging
When NDU started in2009, verylittleacademic andclinical research hadbeenconducted about thelong-term impact ofsmartphone useonmental health. Recognizing theneed forawareness ofwhat mightbecome abigger problem, theJewish artsandculture non-profit Reboot launched inpartnership withSabbath Manifesto, a project designed toslowdownlives inanincreasingly hectic world. Whatwasonceasmall group ofpeople gathering fortech-freeShabbat dinners turned intothousands ofworld-widecommunity partners organizing liveunplugged events, yearafteryear.
National DayofUnplugging would nothavebeenpossible without thecreative spirit anddedication ofDan Rollman, founder ofSabbath Manifesto, andJessica Tully, theartistwhodesigned theoriginal CellPhone Sleeping BagforReboot.
Share thispost:
ThankYou
CraigADurfey
2 TheresaBass
From: Theresa Bass
Sent: Thursday, January 19, 20235:58PM
To: Public Comment
Subject: FW: \[EXTERNAL\] Additional supportive information AB21, asintroduced, Gipson.
Peace officers: training.
Attachments: BETTER COPYU.S. SANCHEZ TOCRAIG 2003Image_20230116_0001.pdf; CASTATE LETTER POST2002Image_20230116_0001.pdf; CASTATE POSTLETTERMARCH 13 2002Image_20230116_0001.pdf; U.S. SENATOR BOXER OCT292001Image_20230118 0001.pdf; TheChildAbusePrevention andTreatment Act (CAPTA) The Administration forChildren andFamilies (hhs.gov) capta.pdf; SUPERIOR COUNTY COURT OFORANGE SUPORT AB1718SImage_20230116_0001.pdf; EVENLOPE CA STATE POST2002Image_20230116_0001.pdf; CHIEFBLANKENSHIP SEPT 12 2001Image_20230118_0001.pdf; CASTATE SENATOR JOSEPH AB1718Image_ 20230118_0001.pdf; FW: AB21, asintroduced, Gipson. Peace officers: training.; CA
STATE CHILD ABUSE ANDNEGLECT REPORTING ACTPENAL CODESECTION 11164.pdf; MANDATED REPORTER.pdf; CAPOSTSchoolPoliceOfficer TRAINING.docx; WESTMINSTER P.D.POSTSROOUTLINEImage_20230118_0001.pdf; AB-638Mental HealthServices Actearlyintervention andprevention programs20210AB638_94.pdf From: durfeycraig778@gmail.
Sent: Thursday, January19, 20234:58PM
To: 'NickDibs' <[email protected]>; [email protected]; [email protected]; 'GGEA President' <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; DonBarnes <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; TheresaBass <[email protected]>; [email protected]; [email protected]; [email protected]
Cc: durfeycraig778@gmail. cadurfey@gmail. NickDibs' < [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: \[EXTERNAL\] Additional supportive informationAB21, asintroduced, Gipson. Peaceofficers: training.
Warning: Thisemail originated fromoutside theCityofAnaheim. Donotclicklinksoropen attachments unless yourecognize thesender andareexpecting themessage. 01-18-2023
P.R.D.D.C.)
PARENTSFORTHERIGHTSOFDEVELOPMENTALLYDISABLEDCHILDREN
CRAIGA. DURFEYFOUNDEROFP.R.D.D.C.
SOCIALEMOTIONALPAWS.COM
FACEBOOK: CRAIGDURFEY
U.S. HOUSEOFCONGRESSH2404 - HONORINGCRAIGDURFEYFORHISFIGHTAGAINSTAUTISM Ms. LORETTASANCHEZofCalifornia.
https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf newwebsite socialemotionalpaws. org
AssemblymemberMikeA. Gipson
StateCapitol
P.O. Box942849
Sacramento, CA94249-0065
Tel: (916) 319-2065
Fax: (916) 319-2165
AssemblymembersTriTa
StateCapitol
P.O. Box942849
Sacramento, CA94249-0070
Phone - 916-319-2070
AssemblyPublicSafetyCommittee
1020NStreet (LOB), Room111
Sacramento, California95814
916.319.3744phone
916.319.3745fax
SenatePublicSafetyCommittee
1020NStreet, Room545
Sacramento, CA95814
Phone: (916) 651-4118
Fax: (916) 445-4688
DearAssemblymembersTriTa
Requesting consideration withtheauthoramendment toincludetraining allcurrent swoonPeace officers, SROswithdigital illness, SCR73Bluelight2919harm, myopia, sleepdeprivation causing physical harmaswellasmental illness, toEsports thatfalls underStateFederal ChildAbusemandates Penalcode11165.7withAB1432 CAState AB21, asintroduced, Gipson. Peaceofficers: trainingDecember 2022Anacttoamend Section 13515.28of, andtoaddSection 13515.285to, thePenalCode, relatingtopeace officers.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB21 . 2 Mandated childabusereporting: schoolemployees: training.(2013-2014) https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1432 Asacontributor inwritingtoCAStatelawAB1718Hertzberg. Peaceofficers: advanced training: mental illness, frommyresearching socialmediaemotional harmaddiction to bluelightthathavingevertheopportunity inputtorevise thecurrentCAStatelawAB 1718Hertzberg modified toaddress theculturechangewithscreentime, gamingonline addiction, cellphones CAStatelawAB272yearwas2019reportsofharmtothe wellbeing ofachild. causing cognitive delayfrominfants. TheabovePDFwillsupport my pastletterfromCAStatePOST,CAStateGovernor GrayDavissignature onCAStateinto lawAB1718. Whileadvocating wasinvitedmanytimestoLASheriffAcademy towork willtheirpsychologist toassistwithautism, mentalhealth, onehasalways stoodinmy mindtodaywaswhathassaidtowasCraigtheyhavefamilies withautism. Today social medial consumption hasgoneexponential farreaching todayduetheproliferation has spread farandwidewiththeawareness asincommon sense asacarseat, seatbelt.
Asthefounder ofP.R.D.D.C. devoted itstimewithlimitedresources tobringawareness since1998aboutissues impacts children andfamilies. IN1998withawilltolearnto advocate learning curvewassteepwhenautismwasthenabigissue. Thatveryfew wereunwilling tosupport thisissueonlythrewtwofriendsatthattimewewenttoLA Citymayor'sofficethenIwouldspeakmany timeswenttoLosAngeles police commission thenwenttotheCAStatePOSTCommission lawenforcement inLos Angeles CAMeetingAril102002whereImeetSheriffBacaoutside coming outofhis blackcarbeforethemeeting page13under "U" page13under/ newbusiness/old https://post.ca.gov/portals/0/post_docs/commissionmeetings/2007andprior/2004- prior/2002-04-10.pdf.
WiththehelpfromGGPDchiefJoePolisarhadhadhisstaffmeetwithmeovermy research. ThenchiefJoePolisar mettogether attheOCregister building tobeinterview localtvtoshareaboutconcern withautism andwasinvitedtomeetwithandworkwith TheOrange CountyChiefsofPoliceandSheriffsAssociation. Theyassigned toworkwill withOrange CountySherriff MikeCarona todevelop information howtointeractwith autism. MetwithOrange CountyChiefsofPoliceandSheriffsAssociation aboutMental Health, Autism theydecided toassignme Orange CountySherriff MikeCaronawithmy research.
Orange CountyChiefsofPolice andSheriffsAssociation
Arecent videofromtwoyearsago (1234) Amessage fromtheOrange CountyChiefsof PoliceandSheriff'sAssociation. - YouTube }
Mytravels wenttomanyplaces toraiseawareness, wroteeditorials https://www.latimes.com/archives/la-xpm-2000-jul-02-me-47127-story.html, wasadvisorto KFWBradionewsLAmarket, meetings withpolicechiefsstatemeeting, helpedLA SheriffsBacatrainingPsychologist manytrips. Andadvised theGovernor DavisaboutAB 17182000flewuptoSacramento wasinvitedintohisofficetomeetwithhisstaffand spoketopersonally tothenAttyGeneralBillLocker. Severaltimes. Wasplaceonhome 3 plateatAnaheim Angelsbaseball teambyAssemblymember LouCorrea homeplate received recognition framed tohonormywork, forwhatwasimposable byonepersona roundofapplause camefromthebleacher withfamilyseating abovewatching thisvery rareinventinhistory, tothenreceive acallfromUnitedStateCongress LorretaSanchez intoCongressional record ofCongress forfighting forAutism.
TodayCAStateAB21asintroduced, Gipson. Peaceofficers: training.
TheCalifornia PeaceOfficersStandards andTraining (POST) isthestateorganization thatgoverns, monitors, anddevelops thetraining standards foralllawenforcement agencies throughout thestate. POSThasanapproved SchoolResource Officer curriculum thatisoffered throughout thestate.
Thecourseis40hours inlengthandprovides thefollowing description oftheclass curriculum:
Thishighlyinteractive, student-centered courseprovides SchoolResource Officers SROs) withcritical knowledge, skills, andcommunication techniques toenhance the SRO’sabilities tofosterpositive relations withyouth, understand challenges currently facedbyyouth, assistyouthinfulfillingtheiron-campus andoff-campus needs, work collaboratively withteachers andschooladministrative staff, andbuildanetwork of localresources toassiststudents withunmetneeds.
Inaddition tothiscorecourse, theWPDSROhasattended thefollowing training:
SROBasics & Beyond 16hours
GangAwareness 32hours
GangInvestigation: Advanced 36hours
CrisisIntervention 16hours
FirstAid/CPR8hours
De-escalation Training 8hours
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§io nNum=832.3.
Internet Gaming inDSM-5
Addiction togaming isdescribed intheAmerican Psychiatric Association'sDiagnostic andStatistical ManualofMentalDisorders (DSM-5-TR), whichisusedbymentalhealth 4 professionals todiagnose mentaldisorders. IntheDSM-5-TR, thecondition isreferred to asInternet Gaming Disorder (IGD). IGDisincluded inthesectionrecommending conditions forfurtherresearch, alongwithcaffeine usedisorder andotherconditions.
TheDSM-5-TRincludes substance-related addictive disorders, suchasalcohol, tobacco, stimulants, marijuana andopioids. Gambling disorderistheonlybehavioral addiction (as opposed tochemical substance usedisorders) identified inDSM-5-TR. https://www.psychiatry.org/patients-families/internet-gaming https://www.psychiatry.org/File%20Library/Psychiatrists/Practice/DSM/APA_DSM-5- Internet-Gaming-Disorder.pdf
6C51Gaming disorder
https://icd.who.int/browse11/l-m/en#/http://id.who.int/icd/entity/1448597234 SCREENAGERS PODCAST Delaney Ruston, MD, aleading authority onpa JoinDelaney Ruston, MD, aleadingauthority onparenting inthedigitalageandthe filmmaker oftheaward-winningScreenagers movies, assheexplores strategies for raising screen-wiseandtech-balanced youth. Through interviews withresearchers, thought leaders, andyoungpeoplethemselves, theScreenagers Podcast delivers the latestinscience alongwithpractical tips. Mostepisodes aregeared forparents, kids andteenstolistentoandthussparkcommon ground forinspired conversations. https://socialemotionalpaws.com/blog-post-1/f/screenagers-podcast-delaney-ruston-md-aleading-authority-on-pa Videowhichoffersaninsighttothetobacco addictions totechno Joinover10,000hostsworldwide byhostingyourownscreening ofourmovies! Whether alargetheatre-stylescreening eventorasmaller community watch-along, ourteam makeiteasyforyoutoputonyourevent
Ithasbeenanunbelievable weekwithFacebook anditsothercompanies goingdownnot once, buttwice, andwitnessing theformerFacebook employee, Frances Haugen — the whistleblower whoreleased keydocuments — testifyforthreehoursinfrontofaSenate hearing. Haugen wassofreaking eloquent andonpoint. Iamsohappy tohaveherbright mind, alongwiththatofTristanHarris, bothworkingtopromote policychanges.
ThisweekIwasaskedtospeakonCNNabouthowInstagram canimpact youthmental health. Iwasgladtovoicemyconcern, andithasbeengreattoseesomanyothers speaking out. Iwanttoencourage everyone tobevocalrightnow. Ourvoices matter.
Letmegiveanexample fromthepast.
In2016FB (andInstagram) askedmetocometotheirheadquarters andshow Screenagers totheiradolescent division. Ispokeaboutnegative emotions thatwere happening toyoungpeoplerelated tosocialmediaandmyconcerns aboutexcessive use 5 andaddiction. Ourconversation wasverymuchabackandforth, andtheywereopento discussing thebenefits andrisksoftheirplatforms onadolescents. https://socialemotionalpaws.com/blog-post-1/f/video-which-offers-an-insight-to-thetobacco-addictions-to-techno Continuing Education Program
EARNCECredits fromanAPAandNBCCapproved Provider
Psychologists, Counselors andotherMentalHealthProfessionals canearnCECredits in ourContinuing Education Program.
Watchyourchoiceofmoviehere, on-demand, thenuponcompletion ofashorttestyou willbeawarded yourcredit - It'sthateasy!
https://www.screenagersmovie.com/continuing-education
Forsakeofpupils’ pupils, China tobanhomework onapps
https://socialemotionalpaws.com/blog-post-1/f/for-sake-of-pupils%E2%80%99-pupils-chinato-ban-homework-on-apps-1 MRIsshowscreentimelinkedtolowerbraindevelopment inpresch https://socialemotionalpaws.com/blog-post-1/f/mris-show-screen-time-linked-to-lowerbrain-development-in-presch-3 parents concerned aboutteens’ gaming andsocialmediahabits https://socialemotionalpaws.com/blog-post-1/f/parents-concerned-aboutteens%E2%80%99-gaming-and-social-media-habits PressReleaseSocialMediaAddictions' causing braininjurywith Children withautismarevulnerable tothenegative effectsofscreentime. Autism and ScreenTime: SpecialBrains, Special Risks | Psychology TodayAustralia https://www.psychologytoday.com/us/blog/mental-wealth/201402/gray-matters-too-muchscreen-time-damages-thebrain#:~:text=Neuroimaging%20research%20shows%20excessive%20screen%20time%2 0damages%20the,matter%20atrophy%2C%20reduced%20cortical%20thickness%2C%20 and%20other%20effects.
Andhttps://socialemotionalpaws.com/blog-post-1/f/press-release-social-media-addictionscausing-brain-injury-with 62% OfYoungGamersExperience AbuseOnline, According ToStudy https://socialemotionalpaws.com/blog-post-1/f/62%25-of-young-gamers-experience-abuseonline-according-to-study AFeature Documentary Exploring Anxiety andKidsAreKidsCrisis 6 https://socialemotionalpaws.com/blog-post-1/f/a-feature-documentary-exploring-anxietyand-kids-are-kids-crisis BlueLightandYourEyesCauses Myopia withSleepDeprivation. https://socialemotionalpaws.com/blog-post-1/f/blue-light-and-your-eyes-causes-myopiawith-sleep-dipravation AlMuratsuchi'sAssembly Bill (AB) 272, Banning Smartphones inSc Growing evidence shows excessive smartphone useatschool interferes witha student’seducation andsuccess, encourages cyberbullying, andcontributes to teenage anxiety, depression, andsuicide,” statedAssemblymember Muratsuchi.
Thisnewlawwillencourage school districts todevelop theirownpolicy that strikes abalance between allowing appropriate student useofsmartphones at school, whilemaking surethatsmartphones arenotinterfering withastudent's educational, social andemotional development."
Evidence hasshown thatunrestricted useofsmartphones bystudents atschools lowers academic performance, particularly among low-achieving students; promotes cyberbullying; andcontributes toteenage mental health issues.
Between 2009 and2017, thenumber of14to17yearoldsexperiencing clinical leveldepression jumped morethan60%, witha47% increase among 12to13 yearolds. AB272willtakeeffectinJanuary 2020.
https://socialemotionalpaws.com/blog-post-1/f/al-muratsuchis-assembly-bill-ab-272- banning-smartphones-in-sc
American children havequietlybecome hooked onvideogamesupple EXCLUSIVE: American children havequietlybecome hooked onvideogamesupplements thathaveDOUBLEthecaffeine ofRedBullandmaystunttheirgrowthandwarptheir brains, expertswarn.
https://socialemotionalpaws.com/blog-post-1/f/american-children-have-quietly-becomehooked-on-video-game-supple Toomuchscreentimeisraisingrateofchildhood myopia
https://socialemotionalpaws.com/blog-post-1/f/too-much-screen-time-is-raising-rate-ofchildhood-myopia Lenovo: Smartertechnology foralleyes.
7 Employees andstudents atrisk
Whatcanemployers andeducators dotoprotect healthandproductivity? PaulWright, Eyesafe willweighinonsolutions formitigating bluelightfromdigital devices in enterprise andeducation. https://socialemotionalpaws.com/blog-post-1/f/lenovo-smartertechnology-for-all-eyes HowDoesBlueLightAffectMental Health?
Bluelightexposure closetobedtime candisruptthesleep/wakecycle (circadian rhythm), andaffecthormone secretion, nervesignaling (neurotransmission) andthe brain'sabilitytoadapt (plasticity) tochanging situations. Excessive bluelightcancause sleepandmooddisorders, leading todepression.Apr26, 2021 Bluelightcanaffectmentalhealthbyinterfering withthewayourbrainregulates mood, emotions andsleep. Theliftinourspiritsinresponse toasunnydaywithbrightblue skiesisanobvious beneficial effectoflightonourmood. Thiseffectisprimarily from bluelight, thecolorwiththehighest energy inthevisiblecolorspectrum. https://socialemotionalpaws.com/blog-post-1/f/how-does-blue-light-affect-mental-health BlueLight & ColorStandards
https://socialemotionalpaws.com/blog-post-1/f/blue-light-color-standards https://socialemotionalpaws.com/blog-post-1/f/blue-light-color-standards Computer screentimeisdamaging eyes — especially forchildren 8 Asurveyconducted byIpsosandtheGlobalMyopiaAwareness Coalition foundthat44 percentofU.S. children areusingelectronic devices foroverfourhoursaday, morethan doubletheratebeforethepandemic.
Naturally, thereareworries abouttheeffectsonphysical activity, loneliness and sociological gaps. ButintheUnitedStates, Ithinknotenough peopleareconsidering another potential sideeffectoflivingthrough screens: eyedamage. https://socialemotionalpaws.com/blog-post-1/f/computer-screen-time-is-damaging-eyesE2%80%94-especially-for-children PRODUCTS THATMEETEYESAFE REQUIREMENTS FORLOWBLUELIGHT.
https://socialemotionalpaws.com/blog-post-1/f/roducts-that-meet-eyesafe-requirementsfor-low-blue-light
CONSUMER ELECTRONICS BRANDS ANNOUNCE NEWEYESAFE PRODUCTS ATBLUE Theglobalevent, organized aroundthethemeof “designing forhuman health,” wasa cross-industry forumthatbroughttogether leaders fromhealthcareandelectronics to discuss thehealthimpacts ofscreentimeandincreased exposure toHEVbluelight Thewidelyattended 2ndannualSummit provided aplatform forDell, HP, Lenovo, and Acer – collectively representing over70% ofglobalpersonal computer sales1 – tounveil anewgeneration ofsolutions thataredesigned toeffectively manage bluelight emissions
BOE, thelargest display panelmakerintheworld, alsoshared plansfortheirlowblue lightofferings
UnitedHealthcare Visionannounced newsolutions formembers, upcoming screentime education hub, andCES2021eventinJanuary
https://socialemotionalpaws.com/blog-post-1/f/consumer-electronics-brands-announcenew-eyesafe-products-at-blue SmallMinnesota company goesbigwithbluelightprotection
https://socialemotionalpaws.com/blog-post-1/f/small-minnesota-company-goes-big-withblue-light-protection IsBlueLightActually Harmful?
9 https://socialemotionalpaws.com/blog-post-1/f/is-blue-light-actually-harmful AB272, Muratsuchi. Pupils: useofsmartphones
a) Thereisgrowing evidence thatunrestricted useofsmartphones bypupilsat elementary andsecondary schools duringtheschoolday interferes withtheeducational mission oftheschools, lowerspupilperformance, particularly amonglow-achieving pupils, promotes cyberbullying, andcontributes toanincrease inteenage anxiety, depression, andsuicide.
b) InSeptember 2018, France adopted anationwide smartphone baninallprimary and middleschools inordertopromote pupilachievement andhealthy socialdevelopment. c) TheLondonSchoolofEconomics andPoliticalScience published aMay2015study thatfoundthattestscores improved significantly atschools thatbanned mobilephone use, andthatthemostsignificant gains inpupilperformance weremadebythemost disadvantaged andunderachieving pupils. Thestudyconcluded that “schools could significantly reduce theeducation achievement gapbyprohibiting mobilephoneusein schools.”
10 d) Dr. JeanTwenge, whoisaprofessor ofpsychology atSanDiegoStateUniversity, published abookin2017entitled “iGen,” whichpresents evidence ofanincrease in depression andsuicide amongAmerican teenagers thatmaybecaused byincreased mobiledevicescreentimeandsocialmediause. According toDr. Twenge, 8thgrade pupilswhospend10ormorehoursperweekonsocialmediaare56percentmorelikely todescribe themselves asunhappy thanthosewhodevotelesstimetosocialmedia.
Moreover, teenagers whospendthreehoursperdayormoreonelectronic devices are35 percent morelikelytodemonstrate riskfactors forsuicide, suchassuicidal ideation, and teenagers whospend fiveormorehoursperdayontheirdevices are71percent more likelytodemonstrate ariskfactorforsuicide.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB272 SB224, Portantino. Pupilinstruction: mentalhealth education Approved byGovernor October8, 2021. FiledwithSecretary
ofStateOctober8, 2021.\]
SEC. 2. Article6 (commencing withSection 51925) isaddedtoChapter5.5ofPart28of Division 4ofTitle2oftheEducation Code, toread:
Article 6. Mandatory MentalHealthEducation
51925. Eachschooldistrict, countyofficeofeducation, statespecial school, andcharter schoolthatoffersoneormorecourses inhealtheducation topupils inmiddleschoolor highschool shallinclude inthosecourses instruction inmentalhealththatmeets the requirements ofthisarticle. Thissection shallnotbeconstrued tolimitaschooldistrict, countyofficeofeducation, statespecial school, orcharter school inoffering orrequiring instruction inmentalhealthasspecified inthisarticle. Thisinstruction shallinclude all ofthefollowing:
a) Reasonably designed instruction ontheoverarching themes andcoreprinciples of mentalhealth.
b) Defining signsandsymptoms ofcommon mental healthchallenges. Depending on pupilageanddevelopmental level, thismayinclude defining conditions suchas depression, suicidalthoughts andbehaviors, schizophrenia, bipolardisorder, eating disorders, andanxiety, including post-traumatic stressdisorder. c) Elucidating theevidence-basedservices andsupports thateffectively helpindividuals manage mentalhealthchallenges.
d) Promoting mentalhealthwellness andprotective factors, whichincludes positive development, socialandcultural connectedness andsupportive relationships, resiliency, problem solvingskills, copingskills, self-esteem, andapositive schoolandhome environment inwhichpupils feelcomfortable.
e) Theabilitytoidentify warning signsofcommon mentalhealth problems inorderto promote awareness andearlyintervention sothatpupilsknowtotakeaction beforea situation turnsintoacrisis. Thisshallincludeinstruction onbothofthefollowing:
1) Howtoseekandfindassistance fromprofessionals andserviceswithintheschool districtthatincludes, butisnotlimited to, school counselors withapupilpersonnel 11 services credential, schoolpsychologists, andschool socialworkers, andinthe community forthemselves orothers.
c) “Evidence-based” means verified orsupported byresearch conducted incompliance withscientific methods andpublished inpeer-reviewed journals, whereappropriate, and recognized asaccurate andobjective byprofessional organizations andagencies with expertise inthementalhealthfield.
d) “Instructors trainedintheappropriate courses” means instructors withknowledge of themostrecent evidence-basedresearch onmentalhealth.
51929. OnorbeforeJanuary1, 2024, thedepartment shalldevelop aplantoexpand mentalhealth instruction inCalifornia publicschools.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB224 AB-1432Mandated childabuse reporting: schoolemployees: training.(2013-2014) Anact torepealSection 44690of, andtorepealandaddSection 44691of, theEducation Code, andtoamendSection 11165.7ofthePenalCode, relating tochildabusereporting.
Approved byGovernor September 29, 2014. FiledwithSecretary ofState September 29, 2014. \]
AB1432, Gatto. Mandated childabusereporting: schoolemployees: training.
TheChildAbuseandNeglect Reporting Actrequiresamandated reporter, whichincludes ateacheroroneofcertainothertypesofschoolemployees, toreportwhenever heor she, inhisorherprofessional capacityorwithinthescope ofhisorheremployment, has knowledge oforhasobserved achildwhomthemandated reporter knowsorreasonably suspects hasbeenthevictimofchildabuseorneglect. Existing lawrequires theState Department ofEducation todevelop staffdevelopment seminars andanyother appropriate meansofinstructing schoolpersonnel inthedetection ofchildabuseand neglect andtheproperactionthatschoolpersonnel shouldtakeinsuspected casesof childabuse andneglect. Existing lawrequires schooldistricts thatdonottraintheir employees inthedutiesofmandated reporters underthechildabusereporting lawsto reporttotheStateDepartment ofEducation thereasons whythistraining isnot provided.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1432 PenalCodesection 11165.7.
TheCalifornia ChildAbuse & Neglect Reporting Law
https://achieve.lausd.net/site/handlers/filedownload.ashx?moduleinstanceid=63130&datai d=102120&FileName=PENAL_CODE_SECTIONS_FOR_CAAT.PDF
AB-2246Pupilsuicideprevention policies.(2015-2016)
Article2.5. PupilSuicidePrevention Policies
12 215. (a) (1) Thegoverning boardorbodyofalocaleducational agency thatservespupils ingrades7to12, inclusive, shall, beforethebeginning ofthe2017–18school year, adopt, ataregularly scheduled meeting, apolicyonpupilsuicide prevention ingrades7to12, inclusive. Thepolicyshallbedeveloped inconsultation withschoolandcommunity stakeholders, school-employed mentalhealthprofessionals, andsuicide prevention experts andshall, ataminimum, address procedures relating tosuicide prevention, intervention, andpostvention.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2246 AB-1767Pupilsuicideprevention policies.(2019-2020)
AB1767, Ramos. Pupilsuicide prevention policies.
Existing lawrequires thegoverning boardorbodyofalocaleducational agency that servespupilsingrades7to12, inclusive, toadoptapolicyonpupilsuicide prevention thatspecifically addresses theneedsofhigh-riskgroups.
Thisbillwouldrequire thegoverning boardorbodyofalocaleducational agency that servespupils inkindergarten andgrades1to6, inclusive, to, beforethebeginning ofthe 2020–21school year, adopt, andupdate asprescribed, apolicyonpupilsuicide prevention thatspecifically addresses theneedsofhigh-riskgroups. Thebillwould require thispolicytobeageappropriate anddelivered anddiscussed inamannerthatis sensitive totheneedsofyoungpupils. Thebillwouldalsorequire thispolicy tobe writtentoensure proper coordination andconsultation withthecountymentalhealth planforareferral formental healthorrelatedservices madeonbehalfofapupilwhoisa Medi-Calbeneficiary. Thebillwouldrequire thepolicytoaddressanytraining onsuicide awareness andprevention tobeprovided toteachersofpupilsinallofthegrades served bythelocaleducational agency. Byimposing additional dutiesonlocaleducational agencies, thebillwouldimposeastate-mandated localprogram.
SECTION 1. Section 215oftheEducation Codeisamended toread:
215. (a) (1) Thegoverning boardorbodyofalocaleducational agency thatservespupils ingrades7to12, inclusive, shall, beforethebeginning ofthe2017–18school year, adopt, ataregularly scheduled meeting, apolicyonpupilsuicide prevention ingrades7to12, inclusive. Thepolicyshallbedeveloped inconsultation withschoolandcommunity stakeholders, school-employed mentalhealthprofessionals, andsuicide prevention experts andshall, ataminimum, address procedures relating tosuicide prevention, intervention, andpostvention.
2) (A) Thegoverning boardorbodyofalocaleducational agency thatservespupilsin kindergarten andgrades1to6, inclusive, shall, beforethebeginning ofthe2020–21 school year, adopt, ataregularly scheduled meeting, apolicyonpupilsuicideprevention inkindergarten andgrades1to6, inclusive. Thepolicyshallbedeveloped in consultation withschoolandcommunity stakeholders, thecountymentalhealthplan, school-employed mentalhealthprofessionals, andsuicideprevention experts andshall, 13 ataminimum, address procedures relating tosuicide prevention, intervention, and postvention.
B) Thepolicyforpupilsinkindergarten andgrades1to6, inclusive, shallbeage appropriate andshallbedelivered anddiscussed inamannerthatissensitive tothe needsofyoungpupils.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1767 Thisletterrepresents many, manyyearsresearching inthehopeonedaywewould obtainthecommon sinceabovelinksaretoolstorefertoaddress thecoreinformation to bettergrasphowthescreentime addiction canbedemises bylessthetimeof consumption toalternative activity towearing bluelightglasses tohavingyoumonitor placeacertified bluelightfilterorbyanewmonitor certified.
Acknowledgments: toGardenGrovePoliceformerPoliceChiefGardenGrovePoliceChief JoePolisarhisdedication tomentalhealthwhere heassisted helping tocarryavery import issuetoshepherd thewaywillinggotoplaceswithmetobetheveryimportant message. Tohavingarrange invitation tobringmyconcern tothebodyoftheOrange CountySheriffs, PoliceChiefsassociation, tothatvery, veryspecial opportunity will neverforgetthatday. ToformerOrange CountySheriff Coronawhowillingworkwithme todevelop ideasduringconversation inhisstaffoffice,
Acknowledgments: ToStateattorneyBillLockyer yourcompassion toassistwithmy concerns wereasfathergreatlyappreciative.
Acknowledgments: ToMissHertzberg withMrHertzberg tocarrying aboutautismwith mentalhealthtosponsorAB17182000.
Acknowledgments. CAStatePOSTforyourwillinginteractwithletterof encouragements tosupporting theeffortsasafartheraswellforall.
Acknowledgments: FormerCAStateGovernor GrayDavisyouinvitedtoyourofficeto meetwithyourstaffinverysmallofficespacetoreviewtheconcern Ihadthelanguage.
Acknowledgments: FormerAssemblyman LouCorrea nowU.S. Congressman whoinvited metoAngelStadium withmyFamilywheremynamewascalledtocomedowntostand onhomeplatebefore alargecrowdtoberecognize withCAStateframerecognition/ Acknowledgments: ToformerU. S. Congresswomen LoretaSanchez whereonemorning a callcamefromWashington D.C. thatshewillrecognize mebeforethehouseformyfight forautism.
Acknowledgments: Tothosewhobelieve inmetoopentheirdoorswithtimethatmade cometrue.
Acknowledgments: toIrvinePoliceChiefwithhisStaffaspecial thankyoutonow Lieutenant Goodbrand, TomwhenhewasaSgtasleaderintheSROshewasatrueto his
14 Professionalism tobringadvancement tosocialmediaworking withthecommunity to thecoordinate theveryfirstinCAStateHopeSquadnowthereareeightofthem. https://hopesquad.com/, tothecitycouncilmembers whobelieve inmewassupportive of myresearch .
ThankYouVeryMuch
CraigADurfey
Founder ofP.R.D.D.C.
15 Assembly Bill No. 638
CHAPTER 584
An act to amend Section 5840 of the Welfare and Institutions Code, relating to mental health, and making an appropriation therefor.
Approved by Governor October 6, 2021. Filed with Secretary of State October 6, 2021.]
legislative counsel’ s digest
AB 638, Quirk-Silva. Mental Health Services Act: early intervention and prevention programs.
Existing law, the Mental Health Services Act ( MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs and requires counties to spend those funds on mental health services, as specified.
The MHSA requires counties to establish a program designed to prevent mental illnesses from becoming severe and disabling and authorizes counties to use funds designated for prevention and early intervention to broaden the provision of those community- based mental health services by adding prevention and early intervention services or activities.
Existing law authorizes the MHSA to be amended by a
2 3 vote of the
Legislature if the amendments are consistent with, and further the purposes of, the MHSA.
This bill would amend the MHSA by including in the prevention and early intervention services authorized to be provided, prevention and early intervention strategies that address mental health needs, substance misuse or substance use disorders, or needs relating to cooccurring mental health and substance use services. By authorizing a new use for continuously appropriated funds, this bill would make an appropriation. The bill would state the finding and declaration of the Legislature that this change is consistent with, and furthers the intent of, the MHSA.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 5840 of the Welfare and Institutions Code is amended to read:
5840. ( a) The State Department of Health Care Services, in coordination with counties, shall establish a program designed to prevent mental illnesses from becoming severe and disabling. The program shall emphasize improving timely access to services for underserved populations. 94 b) The program shall include the following components:
1) Outreach to families, employers, primary care health care providers, and others to recognize the early signs of potentially severe and disabling mental illnesses.
2) Access and linkage to medically necessary care provided by county mental health programs for children with severe mental illness, as defined in Section 5600.3, and for adults and seniors with severe mental illness, as defined in Section 5600. 3, as early in the onset of these conditions as practicable.
3) Reduction in stigma associated with either being diagnosed with a mental illness or seeking mental health services.
4) Reduction in discrimination against people with mental illness. c) The program shall include mental health services similar to those provided under other programs that are effective in preventing mental illnesses from becoming severe, and shall also include components similar to programs that have been successful in reducing the duration of untreated severe mental illnesses and assisting people in quickly regaining productive lives.
d) The program shall emphasize strategies to reduce the following negative outcomes that may result from untreated mental illness:
1) Suicide.
2) Incarcerations.
3) School failure or dropout.
4) Unemployment.
5) Prolonged suffering.
6) Homelessness.
7) Removal of children from their homes.
e) Prevention and early intervention funds may be used to broaden the provision of community- based mental health services by adding prevention and early intervention services or activities to these services, including prevention and early intervention strategies that address mental health needs, substance misuse or substance use disorders, or needs relating to cooccurring mental health and substance use services.
f) In consultation with mental health stakeholders, and consistent with regulations from the Mental Health Services Oversight and Accountability Commission, pursuant to Section 5846, the department shall revise the program elements in Section 5840 applicable to all county mental health programs in future years to reflect what is learned about the most effective prevention and intervention programs for children, adults, and seniors.
SEC. 2. The Legislature finds and declares that this act is consistent with, and furthers the intent of, the Mental Health Services Act within the meaning of Section 18 of that act.
O
94 Ch. 584 2 —
Training Topic TrainingParticipation / Responsibility * Update/Refresher Training
PC832.1
AirportSecurityPersonnel
POSTCourseTitle:
AviationSecurity"
REQUIRED
Airportofficer.
REQUIRED
Completion ofacourseoftraining relative toairport security within90days ofemployment.
PC13517
ChildAbuseOrNeglect
POSTCourseTitle:
ChildAbuseInvestigation"
VOLUNTARY
Investigation specialists.
VOLUNTARY
PC831(c)/831.5(c)
Custodial
Officers
REQUIRED
Custodial officer.
REQUIRED
Satisfactory completion ofthetraining courseasspecified inSection 832 within90daysofinitialassignment toposition.
Mustsatisfactorily meetminimum selection & training standards prescribed byBoard ofCorrections pursuant toSection 6035within1yearfollowing the dateofinitialassignment tothatposition.
PC629.94
Electronic Surveillance
REQUIRED
Investigative orlawenforcement officers; otherpersons asdesignated.
REQUIRED
Certification andMinimum standards assetbytheAG.
PC13515.55
HighTechnology Crimes & Computer Seizure
POSTCourseTitle:
HighTechnology Crimes"
SPECIAL REQUIREMENT
Everycitypoliceofficerordeputy sheriffatasupervisory level.
SPECIAL REQUIREMENT
Every citypoliceofficerordeputy sheriffatasupervisory levelassigned field orinvestigative duties, orwithin18monthsofassignment tosupervisory duties.
VC40802 (c)(B)
LaserOperator
REQUIRED
Arresting officer.
SPECIAL REQUIREMENT
2hours
Pre-req: RadarOperator)
B&P25755(d)
DrugEnforcement Narcotics Team
ABC)
POSTCourseTitles:
Narcotics Investigation Course"
Narcotics Investigation FieldTrainingProgram"
REQUIRED
Anyagentassigned totheDrugEnforcement Narcotics Team.
REQUIRED
ForABC
Fourweekcourseonnarcotics enforcement
VC40802 (c)(A)
RadarOperator
REQUIRED
Arresting officer
SPECIAL REQUIREMENT
24hours
PC832.2
SchoolPolice Reserve Officer
POSTCourseTitle:
Campus LawEnforcement Course"
REQUIRED
Schoolpolicereserve officer.
REQUIRED
Completion ofacourseoftraining relatingdirectly totheroleofschool policereserve officerswithin2yearsofappointment.
PC832.3(f)
SchoolPoliceOfficer
Employed byaK-12publicschooldistrictorCalifornia community college.
REQUIRED
Schoolpoliceofficer.
REQUIRED
Successful completion ofabasiccourseoftraining beforeexercising powers ofapeaceofficer; andsuccessful completion ofthespecialized courseof training within2yearsofthedateoffirstemployment (ifemployed after7-1- 99).
PC832.3 (g)&(h)
SchoolPeaceOfficer
POSTCourseTitle:
Campus LawEnforcement Course"
REQUIRED
Schoolpeaceofficer.
REQUIRED
Successful completion ofaspecialized course oftraining ofschoolpeace officers.
PC13516
SexualAssault Investigative Procedures
POSTCourseTitle:
SexualAssault Investigation"
REQUIRED
Officers
SPECIALIZED REQUIREMENT
Successful completion oftraining within6monthsofassignment to investigation dutieswhichincludethehandling ofcasesinvolving thesexual exploitation orsexualabuseofchildren.
PC832.3(a)
Sheriff & PoliceOfficer
REQUIRED
Sheriff, undersheriff, ordeputy sheriffofacounty; anypoliceofficerofacity ordistrictauthorized bystatutetomaintain apolicedepartment; police chief.
REQUIRED
Successful completion ofacourseoftraining beforeexercising thepowers ofapeaceofficer.
PC831.4(c)
Sheriff'sSecurityOfficers
REQUIRED
Eachsheriff'sorpolicesecurity officer.
REQUIRED
Satisfactory completion ofthetraining courseasspecified inSection 832 priortobeingassigned toperform theirduties.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode= PEN§ionNum=832.3.
https://post.ca.gov/specialized-training-requirements
TheresaBass
From: durfeycraig778@gmail. com
Sent: Thursday, January 12, 20235:15PM
To: ABC7General Release; KTLA5News; '"[email protected]"'; CBS2 Cc: durfeycraig778@gmail. com; [email protected]
Subject: FW: AB21, asintroduced, Gipson. Peace officers: training.
Attachments: AB-1718Peace officers advanced training mental illness.pdf; AB21, asintroduced, Gipson. Peace officers training..pdf
TOWHOMITMAYCONCERN.
From: [email protected] <[email protected]> Sent: Thursday, January12, 20232:33PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Cc: [email protected]; [email protected]
Subject: AB21, asintroduced, Gipson. Peaceofficers: training. 02-12-2023
P.R.D.D.C.)
PARENTSFORTHERIGHTSOFDEVELOPMENTALLYDISABLEDCHILDREN
CRAIGA. DURFEYFOUNDEROFP.R.D.D.C.
P.O.BOX937GARDENGROVE, CA92842
CELL714-321-8238
[email protected]
SOCIALEMOTIONALPAWS.COM
FACEBOOK: CRAIGDURFEY
U.S. HOUSEOFCONGRESSH2404 - HONORINGCRAIGDURFEYFORHISFIGHTAGAINSTAUTISM Ms. LORETTASANCHEZofCalifornia.
https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf newwebsite socialemotionalpaws. org
Towhomitmayconcern.
Request amending CAStateAB 21toinclude language toaddress training socialmedia, gaming ,EsportsasChildAbuse, SCR73BlueLight2019asphysical harmtocausingeye myopia tosleepdeprivation mental illness. Include CAStatecodepenal11165.7first responder childabusereporters trainingwithsocialmedia. Toamendment require local agency torequire community meetings toaddress concerns withdisabilities, social 1 media, mentalwellness ect. Toamendment toincludeStrategies ForYouth , PTB training practice skillsforworking withyouthhttps://strategiesforyouth.org/about/.
BrainonVideoGames | Psychology Today
https://www.psychologytoday.com › mental-wealth › is...
Sep25, 2016 — Playing videogamesmimics thekindsofsensory assaults humansare programmed toassociate withdanger. Whenthebrainsenses danger, primitive ...
VideoGameAddiction | Psychology Today
https://www.psychologytoday.com › basics › video-ga...
According tothatguide, gaming disorderismarkedby “impaired control” overgaming, whichleadstoittakingpriorityoverotherinterests andactivities. The ...
TheHealthRepercussions ofGaming Disorder
https://www.psychologytoday.com › blog › the-health-r...
Aug19, 2021 — Gaming disorder canhaveserious consequences incrucialareasof health.
SenseandNonsense AboutVideoGameAddiction
https://www.psychologytoday.com › freedom-learn › se...
Mar11, 2018 — Whataretheactualeffectsofvideogamingonthebrain? ... Risk: Risks lossofsignificant relationships oremployment because ofgames.
JustHowBadIs "GamingAddiction"? | Psychology Today
https://www.psychologytoday.com › blog › just-how-b...
Sep6, 2021 — Indeed, gamingactivates thereward systeminthebraincausing arelease ofdopamine andotherneurotransmitters implicated inreward.
Psychological FalloutofGaming Fixation inYouth
https://www.psychologytoday.com › blog › and-running
Feb11, 2021 — Giventheubiquitous andintense natureofgaming intoday'syouth culture, children referred formoodiness, anxiety, oppositional anddefiant ...
PolicingtheTeenBrainTrainings - StrategiesforYouth
https://strategiesforyouth.org › services › ptb-training Policing theTeenBrain™ (PTB) isatraining program thatprovides officerswiththe information andskillstheyneedtoeffectively interact withyouth. 2 StrategiesforYouth
https://strategiesforyouth.org
Training toAvoidTragedy ... Strategies ForYouthprovides trainings foryouthto learnaboutthelaw, ... WhatOFFICERS SayAboutPTBtraining.
CompleteListofTrainings — CalSAC
https://www.calsac.org › complete-list-of-trainings
Thistrainingwillgiveparticipants anunderstanding oftheimportance ofworking with children/youthtodevelop interpersonal skills, socialawareness and ...
Missing: ptb | Mustinclude: ptb
ThankYou
CraigADurfey
3 The Child Abuse Prevention
and Treatment Act
Including the Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act U.S. Department of Health and Human Services
Administration for Children and Families
Administration on Children, Youth and Families
Children’ s Bureau
As Amended by
P.L. 115-271
1 DRAFT – The Child Abuse Prevention and Treatment Act (CAPTA) with amendments made by the Substance Use– Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act or the SUPPORT for Patients and Communities Act, Public Law (P.L.) 115-271, enacted October 24, 2018. Section 7065(a) of P.L. 115-271 amended section 105 of CAPTA and section 7065( b) repealed the Abandoned Infants Assistance Act of 1988 ( 42 U.S.C. 5117aa et seq.).
DISCLAIMER: Please consult the U.S. Code for official or legal citations. This document was prepared by Children' s Bureau staff and may not be cited as an authoritative source.
Child Abuse Prevention and Treatment Act
Table of Contents1
SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT .... 2 Sec. 2. CONGRESSIONAL FINDINGS. [ 42 U.S.C. 5101, Note]......................................... 2 Sec. 3. GENERAL DEFINITIONS [ 42 U.S.C. 5101, Note]. ................................................. 4 Title I – GENERAL PROGRAM .................................................................................................. 5 Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [ 42 U.S.C. 5101]....................... 5 Sec. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [ 42 U.S.C. 5102] . 5 Sec. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE. [ 42 U.S.C. 5104] ......................................................................................... 6 Sec. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. 42 U.S.C. 5105] ..................................................................................................................... 8 Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [ 42 U.S.C. 5106] . 13 SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. [ 42 U.S.C. 5106a] ...................................................... 23 Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [ 42 U.S.C. 5106c] 35 Sec. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [ 42 U.S.C. 5106d] ....................................................................................................................... 38 Sec. 109. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS [ 42 U.S.C. 5106e] ........................................................................................................................ 38 Sec. 110. REPORTS. [ 42 U.S.C. 5106f] .............................................................................. 39 Sec. 111. DEFINITIONS. [ 42 US.C. 5106g] ....................................................................... 40 Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [ 42 U.S.C. 5106h]...................... 41 Sec. 113. RULE OF CONSTRUCTION. [ 42 U.S.C. 5106i] ................................................ 41 Sec. 114. MONITORING AND OVERSIGHT. [ 42 U.S.C. 5108]……………..…………. 42 1 Section III, the Abandoned Infants Assistance Act, was repealed by sec. 7065( b) of P.L. 115-271. 2 TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT ......................................................................................................................... 42 Sec. 201. PURPOSE AND AUTHORITY. [ 42 U.S.C. 5116] .............................................. 42 Sec. 202. ELIGIBILITY. [ 42 U.S.C. 5116a] ........................................................................ 43 Sec. 203. AMOUNT OF GRANT. [ 42 U.S.C. 5116b] ......................................................... 45 Sec. 204. APPLICATION. [ 42 U.S.C. 5116d] ..................................................................... 46 Sec. 205. LOCAL PROGRAM REQUIREMENTS. [ 42 U.S.C. 5116e] ............................. 47 Sec. 206. PERFORMANCE MEASURES. [ 42 U.S.C. 5116f] ............................................ 48 Sec. 207. NATIONAL NETWORK FOR COMMUNITY- BASED FAMILY RESOURCE PROGRAMS. [ 42 U.S.C. 5116g] ......................................................................................... 49 Sec. 208. DEFINITIONS. [ 42 U.S.C. 5116h] ...................................................................... 49 Sec. 209. AUTHORIZATION OF APPROPRIATIONS. [ 42 U.S.C. 5116i] ...................... 50 SECTION II: ADOPTION OPPORTUNITIES ................................... 50 Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [ 42 U.S.C. 5111] ......................................................................................................................... 50 Sec. 203. INFORMATION AND SERVICES. [ 42 U.S.C. 5113] ........................................ 52 Sec. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION PLACEMENTS. [ 42 U.S.C. 5114] ....................................................................................... 56 Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [ 42 U.S.C. 5115]........................ 57 SECTION I: CHILD ABUSE PREVENTION AND TREATMENT ACT
Sec. 2. CONGRESSIONAL FINDINGS. [ 42 U.S.C. 5101, Note] Congress finds that—
1. in fiscal year 2008, approximately 772,000 children were found by States to be victims of child abuse and neglect;
2. A. more children suffer neglect than any other form of maltreatment and close to 1/3 of all child maltreatment- related fatalities in fiscal year 2008 were attributed to neglect alone; and
B. investigations have determined that approximately 71 percent of children who were victims of maltreatment in fiscal year 2008 suffered neglect, 16 percent suffered physical abuse, 9 percent suffered sexual abuse, 7 percent suffered psychological maltreatment, 2 percent experienced medical neglect, and 9 percent were victims of other forms of maltreatment;
3. A. child abuse or neglect can result in the death of a child; 3 B. in fiscal year 2008, an estimated 1,740 children were counted by child protection services to have died as a result of abuse and neglect; and C. in fiscal year 2008, children younger than 1 year old comprised 45 percent of child maltreatment fatalities and 72 percent of child maltreatment fatalities were younger than 4 years of age;
4. A. many of these children and their families fail to receive adequate protection and treatment; and
B. approximately 37 percent of victims of child abuse did not receive postinvestigation services in fiscal year 2008;
5. African- American children, American Indian children, Alaska native children, and children of multiple races and ethnicities experience the highest rates of child abuse or neglect;
6. the problem of child abuse and neglect requires a comprehensive approach that— A. integrates the work of social service, legal, health, mental health, domestic violence services, education, and substance abuse agencies and community- based organizations;
B. strengthens coordination among all levels of government, and with private agencies, civic, religious, and professional organizations, and individual volunteers;
C. emphasizes the need for abuse and neglect prevention, assessment, investigation, and treatment at the neighborhood level;
D. recognizes the need for properly trained staff with the qualifications needed to carry out their child protection duties; and
E. recognizes the diversity of ethnic, cultural, and religious beliefs and traditions that may impact child rearing patterns, while not allowing the differences in those beliefs and traditions to enable abuse or neglect;
7. the failure to coordinate and comprehensively prevent and treat child abuse and neglect threatens the futures of thousands of children and results in a cost to the Nation of billions of dollars in tangible expenditures, as well as significant intangible costs;
8. all elements of American society have a shared responsibility in responding to child abuse and neglect;
9. substantial reductions in the prevalence and incidence of child abuse and neglect and the alleviation of its consequences are matters of the highest national priority;
10. national policy should strengthen families to prevent child abuse and neglect, provide support for needed services to prevent the unnecessary removal of children from families, and promote the reunification of families where appropriate;
11. the child protection system should be comprehensive, child- centered, family-focused, and community- based, should incorporate all appropriate measures to prevent the occurrence or recurrence of child abuse and neglect, and should promote physical and psychological recovery and social re-integration in an environment that fosters the health, safety, selfrespect, and dignity of the child;
12. because both child maltreatment and domestic violence occur in up to 60 percent of the families in which either is present, States and communities should adopt assessments and intervention procedures aimed at enhancing the safety both of children and victims of domestic violence;
4 13. because of the limited resources available in low-income communities, Federal aid for the child protection system should be distributed with due regard to the relative financial need of the communities;
14. the Federal Government should assist States and communities with the fiscal, human, and technical resources necessary to develop and implement a successful and comprehensive child and family protection strategy; and
15. the Federal Government should provide leadership and assist communities in their child and family protection efforts by—
A. promoting coordinated planning among all levels of government; B. generating and sharing knowledge relevant to child and family protection, including the development of models for service delivery; C. strengthening the capacity of States to assist communities; D. allocating financial resources to assist States in implementing community plans; E. helping communities to carry out their child and family protection plans by promoting the competence of professional, paraprofessional, and volunteer resources; and
F. providing leadership to end the abuse and neglect of the nation’ s children and youth.
Sec. 3. GENERAL DEFINITIONS. [ 42 U.S.C. 5101, Note]
In this Act—
1. the term ‘ child’ means a person who has not attained the lesser of— A. the age of 18; or
B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
2. the term ‘ child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation ( including sexual abuse as determined under section 111), or an act or failure to act which presents an imminent risk of serious harm;
3. the term ‘ child with a disability’ means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act (2024 U.S.C. 1401), or an infant or toddler with a disability as defined in section 632 of such Act (202 U.S.C. 1432);
4. the term ‘ Governor’ means the chief executive officer of a State;
5. the terms ‘ Indian’, ‘ Indian tribe’, and ‘ tribal organization’ have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b);
6. the term ‘ Secretary’ means the Secretary of Health and Human Services;
7. except as provided in section 106(f), the term ‘ State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and
8. the term ‘ unaccompanied homeless youth’ means an individual who is described in paragraphs ( 2) and ( 6) of section 725 of the McKinney- Vento Homeless Assistance Act 42 U.S.C. 11434a).
5 Title I – GENERAL PROGRAM
Sec. 101. OFFICE ON CHILD ABUSE AND NEGLECT. [ 42 U.S.C. 5101] a. ESTABLISHMENT.— The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect. b. PURPOSE.— The purpose of the Office established under subsection ( a) of this section shall be to execute and coordinate the functions and activities of this Act. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.
Sec. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [ 42 U.S.C. 5102] a. APPOINTMENT.— The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect. b. SOLICITATION OF NOMINATIONS.— The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection ( a).
c. COMPOSITION.— In establishing the board under subsection ( a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent—
1. law (including the judiciary);
2. psychology ( including child development);
3. social services ( including child protective services);
4. health care providers ( including pediatricians)
5. State and local government;
6. organizations providing services to disabled persons;
7. organizations providing services to adolescents;
8. teachers;
9. parent self-help organizations;
10. parents’ groups;
11. voluntary groups;
12. family rights groups;
13. children’ s rights advocates; and
14. Indian tribes or tribal organizations.
d. VACANCIES.— Any vacancy in the membership of the board shall be filled in the same manner in which the original appointment was made.
e. ELECTION OF OFFICERS.— The board shall elect a chairperson and vice- chairperson at its first meeting from among the members of the board. 6 f. DUTIES.— Not later than 1 year after the establishment of the board under subsection a), the board shall submit to the Secretary and the appropriate committees of Congress a report, or interim report, containing—
1. recommendations on coordinating Federal, State, tribal, and local child abuse and neglect activities with similar activities at the Federal, State, tribal, and local level pertaining to family violence prevention;
2. specific modifications needed in Federal, State, and tribal laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhancing the ability to identify and substantiate legitimate cases of child abuse or neglect which place a child in danger; and
3. recommendations for modifications needed to facilitate coordinated national data collection with respect to child protection and child welfare.
Sec. 103. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE. [ 42 U.S.C. 5104]
a. ESTABLISHMENT.— The Secretary shall through the Department, or by one or more contracts of not less than 3 years duration let through a competition, establish a national clearinghouse for information relating to child abuse and neglect. b. FUNCTIONS.— The Secretary shall, through the clearinghouse established by subsection a)—
1. maintain, coordinate, and disseminate information on effective programs, including private and community- based programs, that have demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect and hold the potential for broad scale implementation and replication;
2. maintain, coordinate, and disseminate information on the medical diagnosis and treatment of child abuse and neglect;
3. maintain and disseminate information on best practices related to differential response;
4. maintain and disseminate information about best practices used for achieving improvements in child protective systems;
5. maintain and disseminate information about the requirements of section 106(b)(2)(B)(iii) and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder;
6. maintain and disseminate information relating to—
A. the incidence of cases of child abuse and neglect in the United States; B. the incidence of such cases in populations determined by the Secretary under section 105( a)(1) of the Child Abuse Prevention, Adoption, and Family Services Act of 1988 ( 42 U.S.C. 5105 note); and C. the incidence of any such cases related to substance abuse;
7. provide technical assistance upon request that may include an evaluation or identification of—
7 A. various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases;
B. ways to mitigate psychological trauma to the child victim; and C. effective programs carried out by the States under this Act;
8. collect and disseminate information relating to various training resources available at the State and local level to—
A. individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and B. appropriate State and local officials to assist in training law enforcement, legal, judicial, mental health, education, child welfare, substance abuse treatment services, and domestic violence personnel and; C. collect and disseminate information, in conjunction with the National Resource Centers authorized in section 310(b) of the Family Violence Prevention and Services Act, on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services.
9. collect and disseminate information, in conjunction with the National Resource Centers authorized in section 310(b) of the Family Violence Prevention and Services Act, on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services.
c. COORDINATION WITH AVAILABLE RESOURCES.—
1. IN GENERAL.— In establishing a national clearinghouse as required by subsection ( a), the Secretary shall—
A. consult with other Federal agencies that operate similar clearinghouses; B. consult with the head of each agency involved with child abuse and neglect on the development of the components for information collection and management of such clearinghouse and on the mechanisms for the sharing of such information with other Federal agencies and clearinghouses;
C. develop a Federal data system involving the elements under subsection ( b) which, to the extent practicable, coordinates existing Federal, State, tribal, regional, and local child welfare data systems which shall include— i. standardized data on false, unfounded, unsubstantiated, and substantiated reports;
ii. information on the number of deaths due to child abuse and neglect;
iii. information about the incidence and characteristics of child abuse and neglect in circumstances in which domestic violence is present; and
iv. information about the incidence and characteristics of child abuse and neglect in cases related to substance abuse;
D. through a national data collection and analysis program and in consultation with appropriate State and local agencies and experts in the field, collect, compile, and make available State child abuse and neglect reporting information which, to the extent practical, shall be universal and 8 case specific and integrated with other case- based foster care and adoption data collected by the Secretary;
E. compile, analyze, and publish a summary of the research conducted under section 104( a);
F. collect and disseminate information that describes best practices being used throughout the Nation for making appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of victims of child abuse or neglect; and
G. solicit public comment on the components of such clearinghouse.
2. CONFIDENTIALITY REQUIREMENT.— In carrying out paragraph ( 1)(D), the Secretary shall ensure that methods are established and implemented to preserve the confidentiality of records relating to case specific data.
Sec. 104. RESEARCH AND ASSISTANCE ACTIVITIES AND DEMONSTRATIONS. [ 42 U.S.C. 5105]
a. RESEARCH.—
1. TOPICS.— The Secretary shall, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research, including longitudinal research, that is designed to provide information needed to better protect children from child abuse or neglect and to improve the well-being of victims of child abuse or neglect, with at least a portion of such research being field initiated. Such research program may focus on— A. the nature and scope of child abuse and neglect;
B. causes, prevention, assessment, identification, treatment, cultural and socio- economic distinctions, and the consequences of child abuse and neglect, including the effects of child abuse and neglect on a child’ s development and the identification of successful early intervention services or other services that are needed;
C. effective approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or neglect with their parents or primary caregivers in circumstances where reunification is appropriate;
D. appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisciplinary, coordinated decision making procedures with respect to cases of child abuse and neglect; E. the evaluation and dissemination of best practices, including best practices to meet the needs of special populations, consistent with the goals of achieving improvements in child protective services systems of the States in accordance with paragraphs ( 1) through ( 14) of section 106(a); F. effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; G. effective practices and programs to improve activities such as identification, screening, medical diagnosis, forensic diagnosis, health 9 evaluations, and services, including activities that promote collaboration between—
i. the child protective service system; and
ii. ( I) the medical community, including providers of mental health and developmental disability services; and
II) providers of early childhood intervention services and special education for children who have been victims of child abuse or neglect;
H. an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources;
I. effective collaborations, between the child protective system and domestic violence service providers, that provide for the safety of children exposed to domestic violence and their non- abusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families;
J. the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low-income children who need health services, including mental health services;
K. the impact of child abuse and neglect on the incidence and progression of disabilities;
L. the nature and scope of effective practices relating to differential response, including an analysis of best practices conducted by the States; M. child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawaiians, including providing recommendations for improving the collection of child abuse and neglect data for Indian tribes and Native Hawaiian communities;
N. the information on the national incidence of child abuse and neglect specified in clauses ( i) through ( x) of subparagraph ( O); and O. the national incidence of child abuse and neglect, including— i. the extent to which incidents of child abuse and neglect are increasing or decreasing in number and severity;
ii. the incidence of substantiated and unsubstantiated reported child abuse and neglect cases;
iii. the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions; iv. the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect;
v. the extent to which the lack of adequate resources and the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the 10 inability of a State to respond effectively to serious cases of child abuse and neglect;
vi. the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement;
vii. the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect;
viii. the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; ix. the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship ( including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year;
x. the extent to which reports of suspected or known instances of child abuse or neglect involving a potential combination of jurisdictions, such as intrastate, interstate, Federal- State, and StateTribal, are being screened out solely on the basis of the crossjurisdictional complications; and xi. the incidence and outcomes of child abuse and neglect allegations reported within the context of divorce, custody, or other family court proceedings, and the interaction between this venue and the child protective services system.
2. RESEARCH.— The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in clauses ( i) through ( xi) of paragraph ( 1)(O).
3. REPORT.— Not later than 4 years after the date of the enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph ( 2).
4. PRIORITIES.—
A. IN GENERAL.— The Secretary shall establish research priorities for making grants or contracts for purposes of carrying out paragraph ( 1).
B. PUBLIC COMMENT.— Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2010, and every 2 years thereafter, the Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph ( A) and maintain an official record of such public comment.
4 2. STUDY ON SHAKEN BABY SYNDROME.— The Secretary shall conduct a study that –
2 So in law.
11 C. identifies data collected on shaken baby syndrome; D. determines the feasibility of collecting uniform, accurate data from all States regarding—
i. incidence rates of shaken baby syndrome;
ii. characteristics of perpetrators of shaken baby syndrome, including age, gender, relation to victim, access to prevention materials and resources, and history of substance abuse, domestic violence, and mental illness; and
iii. characteristics of victims of shaken baby syndrome, including gender, date of birth, date of injury, date of death ( if applicable), and short- and long-term injuries sustained.
b. PROVISION OF TECHNICAL ASSISTANCE.—
1. IN GENERAL.— The Secretary shall provide technical assistance to State and local public and private agencies and community- based organizations, including disability organizations and persons who work with children with disabilities and providers of mental health, substance abuse treatment, and domestic violence prevention services, to assist such agencies and organizations in planning, improving, developing, and carrying out programs and activities, including replicating successful program models, relating to the prevention, assessment, identification, and treatment of child abuse and neglect.
2. EVALUATION.— Such technical assistance may include an evaluation or identification of—
A. various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases;
B. ways to mitigate psychological trauma to the child victim; C. effective programs carried out by the States under titles I and II; and D. effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages.
3. DISSEMINATION.— The Secretary may provide for and disseminate information relating to various training resources available at the State and local level to— A. individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and B. appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, child welfare, substance abuse, and domestic violence services personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.
c. AUTHORITY TO MAKE GRANTS OR ENTER INTO CONTRACTS.—
1. IN GENERAL.— The functions of the Secretary under this section may be carried out either directly or through grant or contract.
2. DURATION.— Grants under this section shall be made for periods of not more than 5 years.
12 3. PREFERENCE FOR LONG- TERM STUDIES.— In making grants for purposes of conducting research under subsection ( a) of this section, the Secretary shall give special consideration to applications for long-term projects. d. PEER REVIEW FOR GRANTS.—
1. ESTABLISHMENT OF PEER REVIEW PROCESS.—
A. In General.— To enhance the quality and usefulness of research in the field of child abuse and neglect, the Secretary shall, in consultation with experts in the field and other Federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for assistance through a grant or contract under this section and determining the relative merits of the project for which such assistance is requested.
B. MEMBERS.— In establishing the process required by subparagraph ( A), the Secretary shall only appoint to the peer review panels members who— i. are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise related to the applications to be reviewed; and
ii. are not individuals who are officers or employees of the Administration for Children and Families.
C. MEETINGS.— The peer review panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but shall meet not less often than once a year.
D. CRITERIA AND GUIDELINES.— The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines in the review of the applications for grants and contracts.
2. REVIEW OF APPLICATIONS FOR ASSISTANCE.— Each peer review panel established under paragraph ( 1)(A) that reviews any application for a grant shall—
A. determine and evaluate the merit of each project described in such application;
B. rank such application with respect to all other applications it reviews in the same priority area for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested; and
C. make recommendations to the Secretary concerning whether the application for the project shall be approved. The Secretary shall award grants under this section on the basis of competitive review.
3. NOTICE OF APPROVAL.—
A. MERITORIOUS PROJECTS.— The Secretary shall provide grants and contracts under this section from among the projects which the peer review panels established under paragraph ( 1)(A) have determined to have merit.
B. EXPLANATION.— In the instance in which the Secretary approves an application for a program without having approved all applications ranked above such application ( as determined under paragraph ( 2)(B)), the Secretary shall append to the approved application a detailed explanation 13 of the reasons relied on for approving the application and for failing to approve each pending application that is superior in merit, as indicated on the list under paragraph ( 2)(B).
e. DEMONSTRATION PROGRAMS AND PROJECTS.— The Secretary may award grants to, and enter into contracts with, entities that are States, Indian tribes or tribal organizations, or public or private agencies or organizations ( or combinations of such entities) for time-limited, demonstration projects for the following:
1. PROMOTION OF SAFE, FAMILY- FRIENDLY PHYSICAL
ENVIRONMENTS FOR VISITATION AND EXCHANGE.— The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family-friendly physical environments— A. for court- ordered, supervised visitation between children and abusing parents; and
B. to facilitate the safe exchange of children for visits with noncustodial parents in cases of domestic violence.
2. EDUCATION, IDENTIFICATION, PREVENTION, AND TREATMENT.— The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with child care and early childhood education and care providers, preschools and elementary and secondary schools.
3. RISK AND SAFETY ASSESSMENT TOOLS.— The Secretary may award grants under this subsection to entities for projects that provide for the development of research- based strategies for risk and safety assessments relating to child abuse and neglect.
4. TRAINING.— The Secretary may award grants under this subsection to entities for projects that involve research- based strategies for innovative training for mandated child abuse and neglect reporters.
Sec. 105. GRANTS TO STATES, INDIAN TRIBES OR TRIBAL ORGANIZATIONS, AND PUBLIC OR PRIVATE AGENCIES AND ORGANIZATIONS. [ 42 U.S.C. 5106] a. GRANTS FOR PROGRAMS AND PROJECTS.— The Secretary may make grants to, and enter into contracts with entities that are States, Indian tribes or tribal organizations, or public agencies or private agencies or organizations ( or combinations of such entities) for programs and projects for the following purposes:
1. TRAINING PROGRAMS.— The Secretary may award grants to public or private organizations under this subsection—
A. for the training of professional and paraprofessional personnel in the fields of health care, medicine, law enforcement, judiciary, social work and child protection, education, child care, and other relevant fields, or individuals such as court appointed special advocates ( CASAs) and guardian ad litem, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, including the links between domestic violence and child abuse and neglect;
14 B. to improve the recruitment, selection, and training of volunteers serving in public and private children, youth, and family service organizations in order to prevent child abuse and neglect;
C. for the establishment of resource centers for the purpose of providing information and training to professionals working in the field of child abuse and neglect;
D. for training to enhance linkages among child protective service agencies and health care agencies, entities providing physical and mental health services, community resources, and developmental disability agencies, to improve screening, forensic diagnosis, and health and developmental evaluations, and for partnerships between child protective service agencies and health care agencies that support the coordinated use of existing Federal, State, local and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of child abuse or neglect;
E. for the training of personnel in best practices to meet the unique needs of children with disabilities, including promoting interagency collaboration; F. for the training of personnel in best practices to promote collaboration with the families from the initial time of contact during the investigation through treatment;
G. for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;
H. for the training of personnel in childhood development including the unique needs of children under age 3;
I. for improving the training of supervisory and nonsupervisory child welfare workers;
J. for enabling State child welfare agencies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, other public and private welfare agencies, and agencies that provide early intervention services to promote child safety, permanence and family stability; K. for cross training for child protective service workers in research- based strategies for recognizing situations of substance abuse, domestic violence, and neglect;
L. for developing, implementing, or operating information and education programs or training programs designed to improve the provision of services to infants or toddlers with disabilities with life-threatening conditions for—
i. professionals and paraprofessional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health care facilities; and
ii. the parents of such infants; and
M. for the training of personnel in best practices relating to the provision of differential response.
15 2. TRIAGE PROCEDURES.— The Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that—
A. accepts, screens, and assesses reports received to determine which such reports require an intensive intervention and which require voluntary referral to another agency, program, or project;
B. provides, either directly or through referral, a variety of community- linked services to assist families in preventing child abuse and neglect; and C. provides further investigation and intensive intervention when the child’ s safety is in jeopardy.
3. MUTUAL SUPPORT PROGRAMS.— The Secretary may award grants to private organizations to establish or maintain a national network of mutual support, leadership, and self-help programs as a means of strengthening families in partnership with their communities.
4. KINSHIP CARE.— The Secretary may award grants to public and private entities to assist such entities in developing or implementing procedures using adult relatives as the preferred placement for children removed from their home, where such relatives are determined to be capable of providing a safe nurturing environment for the child and where such relatives comply with the State child protection standards.
5. LINKAGES AMONG CHILD PROTECTIVE SERVICE AGENCIES AND
PUBLIC HEALTH, MENTAL HEALTH, SUBSTANCE ABUSE,
DEVELOPMENTAL DISABILITIES, AND DOMESTIC VIOLENCE
SERVICE AGENCIES.— The Secretary may award grants to entities that provide linkages among State or local child protective service agencies and public health, mental health, substance abuse, developmental disabilities, and domestic violence service agencies, and entities that carry out community- based programs for the purpose of establishing linkages that are designed to ensure that a greater number of substantiated victims of child maltreatment have their physical health, mental health, and developmental needs appropriately diagnosed and treated, in accordance with all applicable Federal and State privacy laws.
6. COLLABORATIONS BETWEEN CHILD PROTECTIVE SERVICE ENTITIES AND DOMESTIC VIOLENCE SERVICE ENTITIES.— The Secretary may award grants to public or private agencies and organizations under this section to develop or expand effective collaborations between child protective service entities and domestic violence service entities to improve collaborative investigation and intervention procedures, provision for the safety of the nonabusing parent involved and children, and provision of services to children exposed to domestic violence that also support the caregiving role of the nonabusing parent. 16 7. GRANTS TO STATES TO IMPROVE AND COORDINATE
THEIR RESPONSE TO ENSURE THE SAFETY, PERMANENCY, AND
WELL-BEING OF INFANTS AFFECTED BY SUBSTANCE USE.—
A. PROGRAM AUTHORIZED.— The Secretary is authorized to make grants to States for the purpose of assisting child welfare agencies, social services agencies, substance use disorder treatment agencies, hospitals with labor and delivery units, medical staff, public health and mental health agencies, and maternal and child health agencies to facilitate collaboration in developing, updating, implementing, and monitoring plans of safe care described in section 106(b)(2)(B)(iii). Section 112( a)( 2) shall not apply to the program authorized under this paragraph.
B. DISTRIBUTION OF FUNDS.—
i. RESERVATIONS.— Of the amounts made available to carry out subparagraph ( A), the Secretary shall reserve—
I. no more than 3 percent for the purposes described in subparagraph ( G); and
II. up to 3 percent for grants to Indian Tribes and tribal organizations to address the needs of infants born with, and identified as being affected by, substance abuse or
withdrawal symptoms resulting from prenatal drug
exposure or a fetal alcohol spectrum disorder and their families or caregivers, which to the extent practicable, shall be consistent with the uses of funds described under
subparagraph ( D).
ii. ALLOTMENTS TO STATES AND TERRITORIES.— The
Secretary shall allot the amount made available to carry out subparagraph ( A) that remains after application of clause ( i) to each State that applies for such a grant, in an amount equal to the sum of—
I. $ 500,000; and
II. an amount that bears the same relationship to any funds made available to carry out subparagraph ( A) and
remaining after application of clause ( i), as the number of live births in the State in the previous calendar year bears to the number of live births in all States in such year.
iii. RATABLE REDUCTION.— If the amount made available to carry out subparagraph ( A) is insufficient to satisfy the requirements of clause ( ii), the Secretary shall ratably reduce each allotment to a State.
C. APPLICATION.— A State desiring a grant under this paragraph shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include— i. a description of—
I. the impact of substance use disorder in such State,
including with respect to the substance or class of
17 substances with the highest incidence of abuse in the previous year in such State, including—
aa. the prevalence of substance use disorder in such
State;
bb. the aggregate rate of births in the State of infants affected by substance abuse or withdrawal symptoms or
a fetal alcohol spectrum disorder ( as determined by
hospitals, insurance claims, claims submitted to the
State Medicaid program, or other records), if available and to the extent practicable; and
cc. the number of infants identified, for whom a plan of safe care was developed, and for whom a referral was
made for appropriate services, as reported under section 106(d)(18); and
II. the challenges the State faces in developing, implementing, and monitoring plans of safe care in accordance with
section 106(b)(2)(B)(iii);
III. the State’ s lead agency for the grant program and how that agency will coordinate with relevant State entities and programs, including the child welfare agency, the substance use disorder treatment agency, hospitals with labor and delivery units, health care providers, the public health and mental health agencies, programs funded by the Substance Abuse and Mental Health Services Administration that
provide substance use disorder treatment for women, the State Medicaid program, the State agency administering the block grant program under title V of the Social
Security Act (42 U.S.C. 701 et seq.), the State agency
administering the programs funded under part C of the
Individuals with Disabilities Education Act (20 U.S.C.
1431 et seq.), the maternal, infant, and early childhood home visiting program under section 511 of the Social
Security Act (42 U.S.C. 711), the State judicial system, and other agencies, as determined by the Secretary, and Indian Tribes and tribal organizations, as appropriate, to
implement the activities under this paragraph;
IV. how the State will local monitor development and
implementation of plans of safe care, in accordance with section 106(b)(2)(B)(iii)(II), including how the State will monitor to ensure plans of safe care address differences between substance use disorder and medically supervised substance use, including for the treatment of a substance use disorder;
V. if applicable, how the State plans to utilize funding authorized under part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) to assist in carrying 18 out any plan of safe care, including such funding authorized under section 471( e) of such Act (as in effect on October 1, 2018) for mental health and substance abuse prevention and treatment services and in-home parent skill-based programs and funding authorized under such section 472(j) (as in effect on October 1, 2018) for children with a parent in a licensed residential family- based treatment facility for substance abuse; and
VI. an assessment of the treatment and other services and programs available in the State, to effectively carry out any plan of safe care developed, including identification of needed treatment, and other services and programs to
ensure the well-being of young children and their families affected by substance use disorder, such as programs
carried out under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) and comprehensive early childhood development services and programs such
as Head Start programs;
ii. a description of how the State plans to use funds for activities described in subparagraph ( D) for the purposes of ensuring State compliance with requirements under clauses ( ii) and ( iii) of section 106(b)(2)(B); and
iii. an assurance that the State will comply with requirements to refer a child identified as substance- exposed to early intervention services as required pursuant to a grant under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).
D. USES OF FUNDS.— Funds awarded to a State under this paragraph may be used for the following activities, which may be carried out by the State directly, or through grants or subgrants, contracts, or cooperative agreements:
i. Improving State and local systems with respect to the development and implementation of plans of safe care, which—
I. shall include parent and caregiver engagement, as required under section 106(b)(2)(B)(iii)(I), regarding available treatment and service options, which may include resources available for pregnant, perinatal, and postnatal women; and II. may include activities such as—
aa. developing policies, procedures, or protocols for the administration or development of evidence- based and
validated screening tools for infants who may be
affected by substance use withdrawal symptoms or a
fetal alcohol spectrum disorder and pregnant, perinatal, and postnatal women whose infants may be affected by
substance use withdrawal symptoms or a fetal alcohol
spectrum disorder;
19 bb. improving assessments used to determine the needs of the infant and family;
cc. improving ongoing case management services; and
dd. improving access to treatment services, which may
be prior to the pregnant woman’ s delivery date; and
ee. keeping families safely together when it is in the
best interest of the child.
ii. Developing policies, procedures, or protocols in consultation and coordination with health professionals, public and private health facilities, and substance use disorder treatment agencies to ensure that—
I. appropriate notification to child protective services is made in a timely manner as required under section
106(b)(2)(B)(ii);
II. a plan of safe care is in place, in accordance with section 106(b)(2)(B)(iii), before the infant is discharged from the birth or health care facility; and
III. such health and related agency professionals are trained on how to follow such protocols and are aware of the supports that may be provided under a plan of safe care.
iii. Training health professionals and health system leaders, child welfare workers, substance use disorder treatment agencies, and other related professionals such as home visiting agency staff and law enforcement in relevant topics including—
I. State mandatory reporting laws established under section 106(b)(2)(B)(i) and the referral and process requirements for notification to child protective services when child abuse or neglect reporting is not mandated;
II. the co-occurrence of pregnancy and substance use disorder, and implications of prenatal exposure;
III. the clinical guidance about treating substance use disorder in pregnant and postpartum women;
IV. appropriate screening and interventions for infants affected by substance use disorder, withdrawal symptoms, or a fetal alcohol spectrum disorder and the requirements under
section 106(b)(2)(B)(iii); and
V. appropriate multigenerational strategies to address the mental health needs of the parent and child together.
iv. Establishing partnerships, agreements, or memoranda of understanding between the lead agency and other entities including health professionals, health facilities, child welfare professionals, juvenile and family court judges, substance use disorder treatment programs, early childhood education programs, maternal and child health and early intervention professionals including home visiting providers), peer-to-peer recovery programs such as parent mentoring programs, and housing 20 agencies) to facilitate the implementation of, and compliance with section 106(b)(2) and clause ( ii) of this subparagraph, in areas which may include—
I. developing a comprehensive, multi-disciplinary assessment and intervention process for infants, pregnant women, and their families who are affected by substance use disorder, withdrawal symptoms, or a fetal alcohol spectrum disorder, that includes meaningful engagement with and takes into account the unique needs of each family and addresses
differences between legal, medically supervised substance use, including for the treatment of substance use disorder, and substance use disorder;
II. ensuring that treatment approaches for serving infants, pregnant women, and perinatal and postnatal women whose infants may be affected by substance use, withdrawal
symptoms, or a fetal alcohol spectrum disorder, are
designed to, where appropriate, keep infants with their mothers during both inpatient and outpatient treatment; and III. increasing access to all evidence- based medication- assisted treatment approved by the Food and Drug Administration, behavioral therapy, and counseling services for the
treatment of substance use disorders, as appropriate.
v. Developing and updating systems of technology for improved data collection and monitoring under section 106(b)(2)(B)(iii), including existing electronic medical records, to measure the outcomes achieved through the plans of safe care, including monitoring systems to meet the requirements of this Act and submission of performance measures.
E. REPORTING.— Each State that receives funds under this paragraph, for each year such funds are received, shall submit a report to the Secretary, disaggregated by geographic location, economic status, and major racial and ethnic groups, except that such disaggregation shall not be required if the results would reveal personally identifiable information on, with respect to infants identified under section 106(b)(2)(B)(ii)— i. The number who experienced removal associated with parental substance use;
ii. The number who experienced removal and are reunified with parents, and the length of time between such removal and reunification;
iii. the number who are referred to community providers without a child protection case;
iv. the number who receive services while in the care of their birth parents;
v. the number who receive post-reunification services within 1 year after a reunification has occurred; and
21 vi. the number who experienced a return to out-of-home care within 1 year after reunification.
F. SECRETARY’ S REPORT TO CONGRESS.— The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives that includes the information described in subparagraph ( E) and recommendations or observations on the challenges, successes, and lessons derived from implementation of the grant program.
G. ASSISTING STATES’ IMPLEMENTATION.— The Secretary shall use the amount reserved under subparagraph ( B)(i)(I) to provide written guidance and technical assistance to support States in complying with and implementing this paragraph, which shall include—
i. technical assistance, including programs of in-depth technical assistance, to additional States, territories, and Indian tribes and tribal organizations in accordance with the substance- exposed infant initiative developed by the National Center on Substance Abuse and Child Welfare;
ii. guidance on the requirements of this Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms or fetal alcohol spectrum disorder, as described in clauses ( ii) and ( iii) of section 106(b)(2)(B), including by—
I. enhancing States’ understanding of requirements and
flexibilities under the law, including by clarifying key terms;
II. addressing state- identified challenges with developing, implementing, and monitoring plans of safe care, including those reported under subparagraph ( C)(i)(II);
III. disseminating best practices on implementation of plans of safe care, on such topics as differential response,
collaboration and coordination, and identification and
delivery of services, for different populations, while
recognizing needs of different populations and varying
community approaches across States; and
IV. helping States improve the long-term safety and well-being of young children and their families;
iii. supporting State efforts to develop information technology systems to manage plans of safe care; and
iv. preparing the Secretary’ s report to Congress described in subparagraph ( F).
H. SUNSET.— The authority under this paragraph shall sunset on September 30, 2023.
b. DISCRETIONARY GRANTS.— In addition to grants or contracts made under subsection a) of this section, grants or contracts under this section may be used for the following:
22 1. Respite and crisis nursery programs provided by community- based organizations under the direction and supervision of hospitals.
2. Respite and crisis nursery programs provided by community- based organizations.
3. Programs based within children’ s hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom a report of maltreatment has been substantiated; and
4. A. Providing hospital- based information and referral services to— i. parents of children with disabilities; and
ii. children who have been victims of child abuse or neglect and their parents.
B. Except as provided in subparagraph ( C)(iii), services provided under a grant received under this paragraph shall be provided at the hospital involved—
i. upon the birth or admission of a child with disabilities; and ii. upon the treatment of a child for child abuse and neglect.
C. Services, as determined as appropriate by the grantee, provided under a grant received under this paragraph shall be hospital- based and shall consist of—
i. the provision of notice to parents that information relating to community services is available;
ii. the provision of appropriate information to parents of a child with disabilities regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child;
iii. the provision of appropriate information to parents of a child who has been a victim of child abuse or neglect regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child and reduce the possibility of child abuse and neglect;
iv. the provision of appropriate follow-up services to parents of a child described in subparagraph ( B) after the child has left the hospital; and
v. where necessary, assistance in coordination of community services available to parents of children described in subparagraph ( B).
The grantee shall assure that parental involvement described in this subparagraph is voluntary.
D. For purposes of this paragraph, a qualified grantee is an acute care hospital that—
i. is in a combination with—
I. a health- care provider organization;
II. a child welfare organization;
III. a disability organization; and
23 IV. a State child protection agency;
ii. submits an application for a grant under this paragraph that is approved by the Secretary;
iii. maintains an office in the hospital involved for purposes of providing services under such grant;
iv. provides assurances to the Secretary that in the conduct of the project the confidentiality of medical, social, and personal information concerning any person described in subparagraph ( A) or (B) shall be maintained, and shall be disclosed only to qualified persons providing required services described in subparagraph ( C) for purposes relating to conduct of the project; and
v. assumes legal responsibility for carrying out the terms and conditions of the grant.
E. In awarding grants under this paragraph, the Secretary shall— i. give priority under this section for two grants under this paragraph, provided that one grant shall be made to provide services in an urban setting and one grant shall be made to provide services in rural setting; and
ii. encourage qualified grantees to combine the amounts received under the grant with other funds available to such grantees.
5. Such other innovative programs and projects that show promise of preventing and treating cases of child abuse and neglect as the Secretary may approve. c. EVALUATION.— In making grants for projects under this section, the Secretary shall require all such projects to be evaluated for their effectiveness. Funding for such evaluations shall be provided either as a stated percentage of a demonstration grant or as a separate grant or contract entered into by the Secretary for the purpose of evaluating a particular demonstration project or group of projects. In the case of an evaluation performed by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use of a rigorous application of scientific evaluation techniques.
SEC. 106. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. [ 42 U.S.C. 5106a]
a. DEVELOPMENT AND OPERATION GRANTS.— The Secretary shall make grants to the States, from allotments made under subsection ( f) for each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective services system of each such State in—
1. the intake, assessment, screening, and investigation of reports of child abuse or neglect;
2. A. creating and improving the use of multidisciplinary teams and interagency, intra-agency, interstate, and intrastate protocols to enhance investigations; and
B. improving legal preparation and representation, including— 24 i. procedures for appealing and responding to appeals of substantiated reports of child abuse or neglect; and
ii. provisions for the appointment of an individual appointed to represent a child in judicial proceedings;
3. case management, including ongoing case monitoring, and delivery of services and treatment provided to children and their families;
4. enhancing the general child protective system by developing, improving, and implementing risk and safety assessment tools and protocols, including the use of differential response;
5. developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange;
6. developing, strengthening, and facilitating training including— A. training regarding research- based strategies, including the use of differential response, to promote collaboration with the families; B. training regarding the legal duties of such individuals; C. personal safety training for case workers; and
D. training in early childhood, child, and adolescent development;
7. improving the skills, qualifications, and availability of individuals providing services to children and families, and the supervisors of such individuals, through the child protection system, including improvements in the recruitment and retention of caseworkers;
8. developing, facilitating the use of, and implementing research- based strategies and training protocols for individuals mandated to report child abuse and neglect;
9. developing, implementing, or operating programs to assist in obtaining or coordinating necessary services for families of disabled infants with lifethreatening conditions, including— A. existing social and health services;
B. financial assistance;
C. services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption; and
D. the use of differential response in preventing child abuse and neglect;
10. developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature and basis for reporting suspected incidents of child abuse and neglect, including the use of differential response;
11. developing and enhancing the capacity of community- based programs to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level;
12. supporting and enhancing interagency collaboration between the child protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems;
13. supporting and enhancing interagency collaboration among public health agencies, agencies in the child protective service system, and agencies carrying out private community- based programs—
25 A. to provide child abuse and neglect prevention and treatment services including linkages with education systems), and the use of differential response; and
B. to address the health needs, including mental health needs, of children identified as victims of child abuse or neglect, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports; or
14. developing and implementing procedures for collaboration among child protective services, domestic violence services, and other agencies in— A. investigations, interventions, and the delivery of services and treatment provided to children and families, including the use of differential response, where appropriate; and
B. the provision of services that assist children exposed to domestic violence, and that also support the caregiving role of their non-abusing parents. b. ELIGIBILITY REQUIREMENTS.—
1. STATE PLAN.—
A. IN GENERAL.— To be eligible to receive a grant under this section, a State shall submit to the Secretary a State plan that specifies the areas of the child protective services system described in subsection ( a) that the State will address with amounts received under the grant.
B. DURATION OF PLAN.— Each State plan shall—
i. remain in effect for the duration of the State’ s participation under this section; and
ii. be periodically reviewed and revised as necessary by the State to reflect changes in the State’ s strategies and programs under this section.
C. ADDITIONAL INFORMATION.— The State shall provide notice to the Secretary—
i. of any substantive changes, including any change to State law or regulations, relating to the prevention of child abuse and neglect that may affect the eligibility of the State under this section; and ii. of any significant changes in how funds provided under this section are used to support activities described in this section, which may differ from the activities described in the current State application.
2. CONTENTS.— A State plan submitted under paragraph ( 1) shall contain a description of the activities that the State will carry out using amount received under the grant to achieve the objectives of this title, including— A. an assurance that the State plan, to the maximum extent practicable, is coordinated with the State plan under part B of title IV of the Social Security Act (42 U.S.C. 621 et seq.) relating to child welfare services and family preservation and family support services;
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—
26 i. provisions or procedures for an individual to report known and suspected instances of child abuse and neglect, including a State law for mandatory reporting by individuals required to report such instances;
ii. policies and procedures ( including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition of such infants, except that such notification shall not be construed to—
I. establish a definition under Federal law of what constitutes child abuse or neglect; or
II. require prosecution for any illegal action.
iii. the development of a plan of safe care for the infant born and identified as being affected by substance abuse or withdrawal symptoms or Fetal Alcohol Spectrum Disorder to ensure the safety and well-being of such infant following release from the care of healthcare providers, including through—
I. addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and II. the development and implementation by the State of
monitoring systems regarding the implementation of such plans to determine whether and in what manner local
entities are providing, in accordance with State
requirements, referrals to and delivery of appropriate
services for the infant and affected family or caregiver; iv. procedures for the immediate screening, risk and safety assessment, and prompt investigation of such reports;
v. triage procedures, including the use of differential response, for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service; vi. procedures for immediate steps to be taken to ensure and protect the safety of a victim of child abuse or neglect and of any other child under the same care who may also be in danger of child abuse or neglect and ensuring their placement in a safe environment;
vii. provisions for immunity from civil or criminal liability under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, 27 investigation, or legal intervention pursuant to a good faith report of child abuse or neglect 3;
viii. methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child’ s parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of this title shall only be made available to—
I. individuals who are the subject of the report;
II. Federal, State, or local government entities, or any agent of such entities, as described in clause ( ix);
III. child abuse citizen review panels;
IV. child fatality review panels;
V. a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; and
VI. other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a
legitimate State purpose;
ix. provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect;
x. provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality;
xi. the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse and neglect;
xii. provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment;
xiii. provisions and procedures requiring that in every case involving a victim of child abuse or neglect which results in a judicial proceeding, a guardian ad litem who has received training appropriate to the role, including training in early childhood, child, 3 Section 3(b) of P.L. 115-424 also provides Federal immunity from civil liability or criminal prosecution for any individual making a good faith report, or who provides information or assistance in connection with a report or investigation of child abuse or neglect; there shall also be a presumption that the person acted in good faith; and if the defendant prevails in a federal civil action, the court may award costs and reasonable attorney' s fees incurred by the defendant. 28 and adolescent development, and who may be an attorney or a court appointed special advocate who has received training appropriate to that role (or both), shall be appointed to represent the child in such proceedings—
I. to obtain first-hand, a clear understanding of the situation and needs of the child; and
II. to make recommendations to the court concerning the best interests of the child;
xiv. the establishment of citizen review panels in accordance with subsection ( c);
xv. provisions, procedures, and mechanisms—
I. for the expedited termination of parental rights in the case of any infant determined to be abandoned under State law; and
II. by which individuals who disagree with an official finding of child abuse or neglect can appeal such finding;
xvi. provisions, procedures, and mechanisms that assure that the State does not require reunification of a surviving child with a parent who has been found by a court of competent jurisdiction— I. to have committed murder ( which would have been an
offense under section 1111( a) of title 18 if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent;
II. to have committed voluntary manslaughter ( which would have been an offense under section 1112( a) of title 18 if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent;
III. to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter;
IV. to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent;
V. to have committed sexual abuse against the surviving child or another child of such parent; or
VI. to be required to register with a sex offender registry under section 113( a) of the Adam Walsh Child Protection and
Safety Act of 2006 ( 42 U.S.C. 16913( a));
xvii. an assurance that, upon the implementation by the State of the provisions, procedures, and mechanisms under clause ( xvi), conviction of any one of the felonies listed in clause ( xvi) constitute grounds under State law for the termination of parental rights of the convicted parent as to the surviving children ( although case-by-case determinations of whether or not to seek termination of parental rights shall be within the sole discretion of the State); 29 xviii. provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse or neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the informant;
xix. provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment; xx. provisions and procedures for improving the training, retention, and supervision of caseworkers;
xxi. provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); xxii. provisions and procedures for requiring criminal background checks that meet the requirements of section 471( a)( 20) of the Social Security Act (42 U.S.C. 671( a)( 20) for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household;
xxiii. provisions for systems of technology that support the State child protective service system described in subsection ( a) and track reports of child abuse and neglect from intake through final disposition;
xxiv. provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking ( as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102( 10)); and xxv. provisions and procedures for training child protective services workers about identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;
C. an assurance that the State has in place procedures for responding to the reporting of medical neglect ( including instances of withholding of medically indicated treatment from infants with disabilities who have lifethreatening conditions), procedures or programs, or both (within the State child protective services system), to provide for—
i. coordination and consultation with individuals designated by and within appropriate health-care facilities;
ii. prompt notification by individuals designated by and within appropriate health- care facilities of cases of suspected medical 30 neglect ( including instances of withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions); and
iii. authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from infants with disabilities who have lifethreatening conditions; D. a description of—
i. the services to be provided under the grant to individuals, families, or communities, either directly or through referrals aimed at preventing the occurrence of child abuse and neglect;
ii. the training to be provided under the grant to support direct line and supervisory personnel in report taking, screening, assessment, decision making, and referral for investigating suspected instances of child abuse and neglect;
iii. the training to be provided under the grant for individuals who are required to report suspected cases of child abuse and neglect; iv. policies and procedures encouraging the appropriate involvement of families in decision- making pertaining to children who experienced child abuse or neglect;
v. policies and procedures that promote and enhance appropriate collaboration among child protective service agencies, domestic violence service agencies, substance abuse treatment agencies, and other agencies in investigations, interventions, and the delivery of services and treatment provided to children and families affected by child abuse or neglect, including children exposed to domestic violence, where appropriate; and
vi. policies and procedures regarding the use of differential response, as applicable;
E. an assurance or certification that the programs or projects relating to child abuse and neglect carried out under part B of title IV of the Social Security Act [ 42 U.S.C. 621 et seq.] comply with the requirements set forth in paragraph ( 1) and this paragraph.
F. an assurance or certification that programs and training conducted under this title address the unique needs of unaccompanied homeless youth, including access to enrollment and support services and that such youth are eligible for under parts B and E of title IV of the Social Security Act [ 42 U.S.C. 620 et seq., 670 et seq.] and meet the requirements of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and G. an assurance that the State, in developing the State plan described in paragraph ( 1), has collaborated with community- based prevention agencies and with families affected by child abuse or neglect. 31 Nothing in subparagraph ( B) shall be construed to limit the State’ s flexibility to determine State policies relating to public access to court proceedings to determine child abuse and neglect, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and families;
3. LIMITATION.— With regard to clauses ( vi) and ( vii) of paragraph ( 2)(B), nothing in this section shall be construed as restricting the ability of a State to refuse to disclose identifying information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the State may not refuse such a disclosure where a court orders such disclosure after such court has reviewed, in camera, the record of the State related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report.
4. DEFINITIONS.— For purposes of this subsection—
A. the term “ near fatality” means an act that, as certified by a physician, places the child in serious or critical condition; and
B. the term “ serious bodily injury” means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
c. CITIZEN REVIEW PANELS.—
1. ESTABLISHMENT.—
A. IN GENERAL.— Except as provided in subparagraph ( B), each State to which a grant is made under this section shall establish not less than 3 citizen review panels.
B. EXCEPTIONS.—
i. ESTABLISHMENT OF PANELS BY STATES RECEIVING
MINIMUM ALLOTMENT.— A State that receives the minimum
allotment of $175,000 under section 203(b)(1)(A) [42 U.S.C. 5116( b)(1)(A)] of this title for a fiscal year shall establish not less than 1 citizen review panel.
ii. DESIGNATION OF EXISTING ENTITIES.— A State may
designate as panels for purposes of this subsection one or more existing entities established under State or Federal law, such as child fatality panels or foster care review panels, if such entities have the capacity to satisfy the requirements of paragraph ( 4) and the State ensures that such entities will satisfy such requirements.
2. MEMBERSHIP.— Each panel established pursuant to paragraph ( 1) shall be composed of volunteer members who are broadly representative of the community in which such panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect, and may include adult former victims of child abuse or neglect.
3. MEETINGS.— Each panel established pursuant to paragraph ( 1) shall meet not less than once every 3 months.
4. FUNCTIONS.—
A. IN GENERAL.— Each panel established pursuant to paragraph ( 1) shall, by examining the policies, procedures, and practices of State and local 32 agencies and where appropriate, specific cases, evaluate the extent to which State and local child protection system agencies are effectively discharging their child protection responsibilities in accordance with— i. the State plan under subsection ( b) of this section; ii. the child protection standards set forth in subsection ( b) of this section; and
iii. any other criteria that the panel considers important to ensure the protection of children, including—
I. a review of the extent to which the State and local child protective services system is coordinated with the foster care and adoption programs established under part E of title IV of the Social Security Act (42 U.S.C. 671 et seq.); and II. a review of child fatalities and near fatalities ( as defined in subsection ( b)(4) [ of this section]).
B. CONFIDENTIALITY.—
i. IN GENERAL.— The members and staff of a panel established under paragraph ( 1)—
I. shall not disclose to any person or government official any identifying information about any specific child protection case with respect to which the panel is provided
information; and
II. shall not make public other information unless authorized by State statute.
ii. CIVIL SANCTIONS.— Each State that establishes a panel pursuant to paragraph ( 1) shall establish civil sanctions for a violation of clause ( i).
C. PUBLIC OUTREACH.— Each panel shall provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community and in order to meet its obligations under subparagraph ( A).
5. STATE ASSISTANCE.— Each State that establishes a panel pursuant to paragraph ( 1)—
A. shall provide the panel access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its functions under paragraph ( 4); and
B. shall provide the panel, upon its request, staff assistance for the performance of the duties of the panel.
6. REPORTS.— Each panel established under paragraph ( 1) shall prepare and make available to the State and the public, on an annual basis, a report containing a summary of the activities of the panel and recommendations to improve the child protection services system at the State and local levels. Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency shall submit a written response to State and local child protection systems and the citizen review panel that describes whether or how the State will incorporate the recommendations of such panel ( where appropriate) to 33 make measurable progress in improving the State and local child protection system.
d. ANNUAL STATE DATA REPORTS.— Each State to which a grant is made under this section shall annually work with the Secretary to provide, to the maximum extent practicable, a report that includes the following:
1. The number of children who were reported to the State during the year as victims of child abuse or neglect.
2. Of the number of children described in paragraph ( 1), the number with respect to whom such reports were—
A. substantiated;
B. unsubstantiated; or
C. determined to be false.
3. Of the number of children described in paragraph ( 2)— A. the number that did not receive services during the year under the State program funded under this section or an equivalent State program; B. the number that received services during the year under the State program funded under this section or an equivalent State program; and C. the number that were removed from their families during the year by disposition of the case.
4. The number of families that received preventive services, including use of differential response, from the State during the year.
5. The number of deaths in the State during the year resulting from child abuse or neglect.
6. Of the number of children described in paragraph ( 5), the number of such children who were in foster care.
7. A. The number of child protective service personnel responsible for the— i. intake of reports filed in the previous year;
ii. screening of such reports;
iii. assessment of such reports; and
iv. investigation of such reports.
B. The average caseload for the workers described in subparagraph ( A).
8. The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect.
9. The response time with respect to the provision of services to families and children where an allegation of child abuse or neglect has been made.
10. For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the State— A. information on the education, qualifications, and training requirements established by the State for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions;
B. data of the education, qualifications, and training of such personnel; C. demographic information of the child protective service personnel; and 34 D. information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor.
11. The number of children reunited with their families or receiving family preservation services that, within five years, result in subsequent substantiated reports of child abuse or neglect, including the death of the child.
12. The number of children for whom individuals were appointed by the court to represent the best interests of such children and the average number of out of court contacts between such individuals and children.
13. The annual report containing the summary of activities of the citizen review panels of the State required by subsection ( c)(6).
14. The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system.
15. The number of children referred to a child protective services system under subsection ( b)( 2)(B)(ii).
16. The number of children determined to be eligible for referral, and the number of children referred, under subsection ( b)(2)(B)(xxi), to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).
17. The number of children determined to be victims described in subsection b)(2)(B)(xxiv).
18. The number of infants—
A. identified under subsection ( b)(2)(B)(ii);
B. for whom a plan of safe care was developed under subsection b)(2)(B)(iii); and
C. for whom a referral was made for appropriate services, including services for the affected family or caregiver; under subsection ( b)( 2)(B)(iii). e. ANNUAL REPORT BY SECRETARY.— Within 6 months after receiving the State reports under subsection ( d) of this section, the Secretary shall prepare a report based on information provided by the States for the fiscal year under such subsection and shall make the report and such information available to the Congress and the national clearinghouse for information relating to child abuse and neglect. f. ALLOTMENTS.—
1. DEFINITIONS.— In this subsection:
A. FISCAL YEAR 2009 GRANT FUNDS.— The term ‘ fiscal year 2009 grant funds’ means the amount appropriated under section 112 for fiscal year 2009, and not reserved under section 112( a)( 2).
B. GRANT FUNDS.— The term ‘ grant funds’ means the amount appropriated under section 112 for a fiscal year and not reserved under section 112( a)( 2).
C. STATE.— The term ‘ State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
D. TERRITORY.— The term The term ‘ territory’ means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
35 2. IN GENERAL.— Except as otherwise provided in this section, the Secretary shall make allotments to each State and territory that applies for a grant under this section in an amount equal to the sum of—
A. $50,000; and
B. an amount that bears the same relationship to any grant funds remaining after all such States and territories have received $ 50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant.
3. ALLOTMENTS FOR DECREASED APPROPRIATION YEARS.— In the case where the grant funds for a fiscal year are less than the fiscal year 2009 grant funds, the Secretary shall ratably reduce each of the allotments under paragraph 2) for such fiscal year.
4. ALLOTMENTS FOR INCREASED APPROPRIATION YEARS.—
A. MINIMUM ALLOTMENTS TO STATES FOR INCREASED
APPROPRIATION YEARS.— In any fiscal year for which the grant funds exceed the fiscal year 2009 grant funds by more than $ 1,000,000, the Secretary shall adjust the allotments under paragraph ( 2), as necessary, such that no State that applies for a grant under this section receives an allotment in an amount that is less than—
i. $ 100,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by more than $ 1,000,000 but less than 2,000,000;
ii. $ 125,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $ 2,000,000 but less than 3,000,000; and
iii. $ 150,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $ 3,000,000.
B. ALLOTMENT ADJUSTMENT.— In the case of a fiscal year for which subparagraph ( A) applies and the grant funds are insufficient to satisfy the requirements of such subparagraph ( A), paragraph ( 2), and paragraph ( 5), the Secretary shall, subject to paragraph ( 5), ratably reduce the allotment of each State for which the allotment under paragraph ( 2) is an amount that exceeds the applicable minimum under subparagraph ( A), as necessary to ensure that each State receives the applicable minimum allotment under subparagraph ( A).
5. HOLD HARMLESS.— Notwithstanding paragraphs ( 2) and ( 4), except as provided in paragraph ( 3), no State or territory shall receive a grant under this section in an amount that is less than the amount such State or territory received under this section for fiscal year 2009.
Sec. 107. GRANTS TO STATES FOR PROGRAMS RELATING TO INVESTIGATION AND PROSECUTION OF CHILD ABUSE AND NEGLECT CASES. [ 42 U.S.C. 5106c] a. GRANTS TO STATES.— The Secretary, in consultation with the Attorney General, is authorized to make grants to the States for the purpose of assisting States in developing, establishing, and operating programs designed to improve— 36 1. the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’ s family;
2. the assessment and investigation of cases of suspected child abuse- related fatalities and suspected child neglect- related fatalities;
3. the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and
4. the assessment and investigation of cases involving children with disabilities or serious health- related problems who are suspected victims of child abuse or neglect.
b. ELIGIBILITY REQUIREMENTS.— In order for a State to qualify for assistance under this section, such State shall—
1. fulfill the requirements of section 106(b) [of this title];
2. establish a task force as provided in subsection ( c) [of this section];
3. fulfill the requirements of subsection ( d) [ of this section];
4. submit annually an application to the Secretary at such time and containing such information and assurances as the Secretary considers necessary, including an assurance that the State will—
A. make such reports to the Secretary as may reasonably be required; and B. maintain and provide access to records relating to activities under subsections ( a) and ( b) of this section; and
5. submit annually to the Secretary a report on the manner in which assistance received under this program was expended throughout the State, with particular attention focused on the areas described in paragraphs ( 1) through ( 3) of subsection ( a) of this section.
c. STATE TASK FORCES.—
1. GENERAL RULE.— Except as provided in paragraph ( 2), a State requesting assistance under this section shall establish or designate, and maintain, a State multidisciplinary task force on children’ s justice ( hereinafter referred to as “ State task force”) composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. The State task force shall include—
A. individuals representing the law enforcement community; B. judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect ( including individuals involved with the defense as well as the prosecution of such cases);
C. child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates; D. health and mental health professionals;
E. individuals representing child protective service agencies; F. individuals experienced in working with children with disabilities; G. parents;
H. representatives of parents’ groups;
I. adult former victims of child abuse and or neglect; and 37 J. individuals experienced in working with homeless children and youths ( as defined in section 725 of the McKinney- Vento Homeless Assistance Act 42 U.S.C. 11434a)).
2. EXISTING TASK FORCE.— As determined by the Secretary, a State commission or task force established after January 1, 1983, with substantially comparable membership and functions, may be considered the State task force for purposes of this subsection.
d. STATE TASK FORCE STUDY.— Before a State receives assistance under this section, and at three year intervals thereafter, the State task force shall comprehensively—
1. review and evaluate State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal- State, and State- Tribal; and
2. make policy and training recommendations in each of the categories described in subsection ( e) of this section. The task force may make such other comments and recommendations as are considered relevant and useful.
e. ADOPTION OF STATE TASK FORCE RECOMMENDATIONS.—
1. GENERAL RULE.— Subject to the provisions of paragraph ( 2), before a State receives assistance under this section, a State shall adopt recommendations of the State task force in each of the following categories—
A. investigative, administrative, and judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal- State, and State- Tribal, in a manner which reduces the additional trauma to the child victim and the victim’ s family and which also ensures procedural fairness to the accused;
B. experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of performance of court appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and
C. reform of State laws, ordinances, regulations, protocols, and procedures to provide comprehensive protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal- State, and State- Tribal, from child abuse and neglect, including child sexual abuse and exploitation, while ensuring fairness to all affected persons.
2. EXEMPTION.— As determined by the Secretary, a State shall be considered to be in fulfillment of the requirements of this subsection if— A. the State adopts an alternative to the recommendations of the State task force, which carries out the purpose of this section, in each of the 38 categories under paragraph ( 1) for which the State task force’ s recommendations are not adopted; or
B. the State is making substantial progress toward adopting recommendations of the State task force or a comparable alternative to such recommendations.
f. FUNDS AVAILABLE.— For grants under this section, the Secretary shall use the amount authorized by section 10603a of this title (42 U.S.C. 10603a).
Sec. 108. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. [ 42 U.S.C. 5106d]
a. CONSTRUCTION OF FACILITIES.—
1. RESTRICTION ON USE OF FUNDS.— Assistance provided under this Act may not be used for construction of facilities.
2. LEASE, RENTAL, OR REPAIR.— The Secretary may authorize the use of funds received under this Act—
A. where adequate facilities are not otherwise available, for the lease or rental of facilities; or
B. for the repair or minor remodeling or alteration of existing facilities. b. GEOGRAPHICAL DISTRIBUTION.— The Secretary shall establish criteria designed to achieve equitable distribution of assistance under this Act among the States, among geographic areas of the Nation, and among rural and urban areas of the Nation. To the extent possible, the Secretary shall ensure that the citizens of each State receive assistance from at least one project under this Act.
c. LIMITATION.— No funds appropriated for any grant or contract pursuant to authorizations made in this Act may be used for any purpose other than that for which such funds were authorized to be appropriated.
d. SENSE OF CONGRESS.— It is the sense of Congress that the Secretary should encourage all States and public and private entities that receive assistance under this title to—
1. ensure that children and families with limited English proficiency who participate in programs under this title are provided with materials and services through such programs in an appropriate language other than English; and
2. ensure that individuals with disabilities who participate in programs under this title are provided with materials and services through such programs that are appropriate to their disabilities.
e. ANNUAL REPORT.— State that receives funds under section 106( a) [ 42 U.S.C. 5106A] shall annually prepare and submit to the Secretary a report describing the manner in which funds provided under this Act, alone or in combination with other Federal funds, were used to address the purposes and achieve the objectives of section 106.
Sec. 109. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS [ 42 U.S.C. 5106e]
The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination among programs related to child abuse and neglect under this Act and other such programs which are assisted by Federal funds. 39 Sec. 110. REPORTS. [ 42 U.S.C. 5106f]
a. COORDINATION EFFORTS.— Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on efforts to coordinate the objectives and activities of agencies and organizations which are responsible for programs and activities related to child abuse and neglect. Not later than 3 years after that date of enactment, the Secretary shall submit to those committees a second report on such efforts during the 3-year period following that date of enactment. Not later than 5 years after that date of enactment, the Secretary shall submit to those committees a third report on such efforts during the 5-year period following that date of enactment. b. EFFECTIVENESS OF STATE PROGRAMS AND TECHNICAL ASSISTANCE.— Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010 and every 2 years thereafter, the Secretary shall submit to Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report evaluating the effectiveness of programs receiving assistance under section 106 in achieving the objectives of section 106. c. STUDY AND REPORT RELATING TO CITIZEN REVIEW PANELS.—
1. IN GENERAL.— The Secretary shall conduct a study to determine the effectiveness of citizen review panels, established under section 106( c), in achieving the stated function of such panels under section 106( c)(4)(A) of— A. examining the policies, procedures, and practices of State and local child protection agencies; and
B. evaluating the extent to which such State and local child protection agencies are fulfilling their child protection responsibilities, as described in clauses ( i) through ( iii) of section 106( c)(4)(A).
2. CONTENT OF STUDY.— The study described in paragraph ( 1) shall be completed in a manner suited to the unique design of citizen review panels, including consideration of the variability among the panels within and between States. The study shall include the following:
A. Data describing the membership, organizational structure, operation, and administration of all citizen review panels and the total number of such panels in each State.
B. A detailed summary of the extent to which collaboration and informationsharing occurs between citizen review panels and State child protective services agencies or any other entities or State agencies. The summary shall include a description of the outcomes that result from collaboration and information sharing.
C. Evidence of the adherence and responsiveness to the reporting requirements under section 106(c)(6) by citizen review panels and States.
3. REPORT.— Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains the results of the study conducted under paragraph ( 1).
40 d. STUDY AND REPORT RELATING TO IMMUNITY FROM PROSECUTION FOR
PROFESSIONAL CONSULTATION IN SUSPECTED AND KNOWN INSTANCES OF CHILD ABUSE AND NEGLECT.—
1. STUDY.— The Secretary shall complete a study, in consultation with experts in the provision of healthcare, law enforcement, education, and local child welfare administration, that examines how provisions for immunity from prosecution under State and local laws and regulations facilitate and inhibit individuals cooperating, consulting, or assisting in making good faith reports, including mandatory reports, of suspected or known instances of child abuse or neglect.
2. REPORT.— Not later than 1 year after the date of the enactment of the CAPTA Reauthorization Act of 2010, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains the results of the study conducted under paragraph ( 1) and any recommendations for statutory or regulatory changes the Secretary determines appropriate. Such report may be submitted electronically.
Sec. 111. DEFINITIONS. [ 42 US.C. 5106g]
a. Definitions.— For purposes of this title [42 U.S.C. 5101 et. seq.]—
1. the term ‘ Alaska Native’ has the meaning given the term ‘ Native’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602);
2. the term ‘ infant or toddler with a disability’ has the meaning given in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432);
3. the term ‘ Native Hawaiian’ has the meaning given the term in section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C 7517);
4. the term “ sexual abuse” includes—
A. the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or
B. the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and
5. the term “ withholding of medically indicated treatment” means the failure to respond to the infant’ s life-threatening conditions by providing treatment ( including appropriate nutrition, hydration, and medication) which, in the treating physician’ s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment ( other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician’ s or physicians’ reasonable medical judgment— A. the infant is chronically and irreversibly comatose; B. the provision of such treatment would—
i. merely prolong dying;
ii. not be effective in ameliorating or correcting all of the infant’ s lifethreatening conditions; or 41 iii. otherwise be futile in terms of the survival of the infant; or C. the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane. b. SPECIAL RULE.—
1. IN GENERAL. – For purposes of section 3(2) and subsection ( a)( 4), a child shall be considered a victim of ‘ child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking ( as defined in paragraph ( 10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph ( 9)(A) of that section.
2. STATE OPTION.— Notwithstanding the definition of ‘ child’ in section ( 3)(1), a State may elect to define that term for purposes of the application of paragraph ( 1) to section 3)(2) and subsection ( a)( 4) as a person who has not attained the age of 24.
Sec. 112. AUTHORIZATION OF APPROPRIATIONS. [ 42 U.S.C. 5106h] a. IN GENERAL.—
1. GENERAL AUTHORIZATION.— There are authorized to be appropriated to carry out this title, $120,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015.
2. DISCRETIONARY ACTIVITIES.—
A. IN GENERAL.— Of the amounts appropriated for a fiscal year under paragraph ( 1), the Secretary shall make available 30 percent of such amounts to fund discretionary activities under this title.
B. DEMONSTRATION PROJECTS.— Of the amounts made available for a fiscal year under subparagraph ( A), the Secretary shall make available not more than 40 percent of such amounts to carry out section 104. b. AVAILABILITY OF FUNDS WITHOUT FISCAL YEAR LIMITATION. — The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated.
Sec. 113. RULE OF CONSTRUCTION. [ 42 U.S.C. 5106i]
a. IN GENERAL.— Nothing in this Act shall be construed—
1. as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guardian; and
2. to require that a State find, or to prohibit a State from finding, child abuse or neglect in cases in which a parent or legal guardian relies solely or partially upon spiritual means rather than medical treatment, in accordance with the religious beliefs of the parent or legal guardian.
b. STATE REQUIREMENT.— Notwithstanding subsection ( a), a State shall, at a minimum, have in place authority under State law to permit the child protective services system of the State to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the 42 child, or to prevent the withholding of medically indicated treatment from children with life threatening conditions. Except with respect to the withholding of medically indicated treatments from disabled infants with life threatening conditions, case by case determinations concerning the exercise of the authority of this subsection shall be within the sole discretion of the State.
Sec. 114. MONITORING AND OVERSIGHT.
The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which—
1. shall—
A. be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and
B. include monitoring of State policies and procedures required under clauses ( ii) and ( iii) of section 106(b)(2)(B); and
2. may include—
A. a comparison of activities carried out by the State to comply with the requirements of section 106(b) with the State plan most recently approved under section 432 of the Social Security Act;
B. a review of information available on the website of the State relating to its compliance with the requirements of section 106(b);
C. site visits, as may be necessary to carry out such monitoring; and D. a review of information available in the State’ s Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations ( or successor regulations).
TITLE II—COMMUNITY-BASED GRANTS FOR THE PREVENTION OF
CHILD ABUSE AND NEGLECT
Sec. 201. PURPOSE AND AUTHORITY. [ 42 U.S.C. 5116]
a. PURPOSE.— It is the purpose of this title—
1. to support community- based efforts to develop, operate, expand, enhance, and coordinate initiatives, programs, and activities to prevent child abuse and neglect and to support the coordination of resources and activities, to better strengthen and support families to reduce the likelihood of child abuse and neglect; and
2. to foster an understanding, appreciation, and knowledge of diverse populations in order to be effective in preventing and treating child abuse and neglect. b. AUTHORITY.— The Secretary shall make grants under this title on a formula basis to the entity designated by the State as the lead entity (referred to in this title as the “ lead entity”) under section 202(1) for the purpose of—
1. developing, operating, expanding, and enhancing community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that are accessible, effective, culturally appropriate, and build on existing strengths that—
43 A. offer assistance to families;
B. provide early, comprehensive support for parents;
C. promote the development of parenting skills, especially in young parents and parents with very young children;
D. increase family stability;
E. improve family access to other formal and informal resources and opportunities for assistance available within communities, including access to such resources and opportunities for unaccompanied homeless youth;
F. support the additional needs of families with children with disabilities through respite care and other services;
G. demonstrate a commitment to involving parents in the planning and program implementation of the lead agency and entities carrying out local programs funding under this title, including involvement of parents of children with disabilities, parents who are individuals with disabilities, racial and ethnic minorities, and members of other underrepresented or underserved groups; and;
H. provide referrals to early health and developmental services;
2. fostering the development of a continuum of preventive services for children and families, including unaccompanied homeless youth, through State and community- based collaborations and partnerships both public and private;
3. financing the start-up, maintenance, expansion, or redesign of specific community- based child abuse and neglect prevention program services ( such as respite care services, child abuse and neglect prevention activities, disability services, mental health services, substance abuse treatment services, domestic violence services, housing services, transportation, adult education, home visiting and other similar services) identified by the inventory and description of current services required under section 205( a)( 3) as an unmet need, and integrated with the network of community- based child abuse and neglect prevention program to the extent practicable given funding levels and community priorities;
4. maximizing funding through leveraging of funds for the financing, planning, community mobilization, collaboration, assessment, information and referral, startup, training and technical assistance, information management and reporting, reporting and evaluation costs for establishing, operating, or expanding community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; and
5. financing public information activities that focus on the healthy and positive development of parents and children and the promotion of child abuse and neglect prevention activities.
Sec. 202. ELIGIBILITY. [ 42 U.S.C. 5116a]
A State shall be eligible for a grant under this title for a fiscal year if—
1. 44
A. the Governor of the State has designated a lead entity to administer funds under this title for the purposes identified under the authority of this title, including to develop, implement, operate, enhance, or expand community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect;
B. such lead entity is an existing public, quasi- public, or nonprofit private entity which may be an entity that has not been established pursuant to State legislation, executive order, or any other written authority of the State that exists to strengthen and support families to prevent child abuse and neglect) with a demonstrated ability to work with other State and community- based agencies to provide training and technical assistance, and that has the capacity and commitment to ensure the meaningful involvement of parents who are consumers and who can provide leadership in the planning, implementation, and evaluation of programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts;
C. in determining which entity to designate under subparagraph ( A), the Governor should give priority consideration equally to a trust fund advisory board of the State or to an existing entity that leverages Federal, State, and private funds for a broad range of child abuse and neglect prevention activities and family resource programs, and that is directed by an interdisciplinary, public- private structure, including participants from communities; and
D. in the case of a State that has designated a State trust fund advisory board for purposes of administering funds under this title (as such, title was in effect on the date of the enactment of the Child Abuse Prevention and Treatment Act Amendments of 1996) and in which one or more entities that leverage Federal, State, and private funds ( as described in subparagraph ( C)) exist, the Governor shall designate the lead entity only after full consideration of the capacity and expertise of all entities desiring to be designated under subparagraph ( A);
2. the Governor of the State provides assurances that the lead entity will provide or will be responsible for providing—
A. community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect composed of local, collaborative, public- private partnerships directed by interdisciplinary structures with balanced representation from private and public sector members, parents, adult former victims of child abuse and neglect, and public and private nonprofit service providers and individuals and organizations experienced in working in partnership with families with children with disabilities; B. direction through an interdisciplinary, collaborative, public- private structure with balanced representation from private and public sector members, parents, adult former victims of child abuse and neglect, public sector and private nonprofit sector service providers, and parents with disabilities; and C. direction and oversight through identified goals and objectives, clear lines of communication and accountability, the provision of leveraged or combined funding from Federal, State, and private sources, centralized assessment and planning activities, the provision of training and technical assistance, and reporting and evaluation functions; and
45 3. the Governor of the State provides assurances that the lead entity— A. has a demonstrated commitment to parental participation in the development, operation, and oversight of the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect;
B. has a demonstrated ability to work with State and community- based public and private nonprofit organizations to develop a continuum of preventive, family centered, comprehensive services for children and families through the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect ; C. has the capacity to provide operational support ( both financial and programmatic) training, technical assistance, and evaluation assistance, to community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, through innovative, interagency funding and interdisciplinary service delivery mechanisms; and D. will integrate its efforts with individuals and organizations experienced in working in partnership with families with children with disabilities, parents with disabilities, and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities.
Sec. 203. AMOUNT OF GRANT. [ 42 U.S.C. 5116b]
a. RESERVATION.— The Secretary shall reserve 1 percent of the amount appropriated under section 5116i of this title for a fiscal year to make allotments to Indian tribes and tribal organizations and migrant programs.
b. REMAINING AMOUNTS.—
1. IN GENERAL.— The Secretary shall allot the amount appropriated under section 5116i of this title for a fiscal year and remaining after the reservation under subsection ( a) of this section among the States as follows:
A. 70-PERCENT.— 70 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the number of children under the age of 18 residing in the State bears to the total number of children under the age of 18 residing in all States ( except that no State shall receive less than $ 175,000 under this subparagraph).
B. 30-PERCENT.— 30 percent of such amount appropriated shall be allotted among the States by allotting to each State an amount that bears the same proportion to such amount appropriated as the amount of private, State, or other non-Federal funds leveraged and directed through the currently designated State lead entity in the preceding fiscal year bears to the aggregate of the amounts leveraged by all States from private, State, or other non-Federal sources and directed through the current lead entity of such States in the preceding fiscal year.
2. ADDITIONAL REQUIREMENTS.— The Secretary shall provide allotments under paragraph ( 1) to the State lead entity.
c. ALLOCATION.— Funds allotted to a State under this section— 46 1. shall be for a 3-year period; and
2. shall be provided by the Secretary to the State on an annual basis, as described in subsection ( b) of this section
Sec. 204. APPLICATION. [ 42 U.S.C. 5116d]
A grant may not be made to a State under this title unless an application therefore is submitted by the State to the Secretary and such application contains the types of information specified by the Secretary as essential to carrying out the provisions of section 202, including—
1. a description of the lead entity that will be responsible for the administration of funds provided under this title and the oversight of programs funded through the communitybased and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect which meets the requirements of section 202;
2. a description of how the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect will operate, including how community- based child abuse and neglect prevention programs provided by public and private, nonprofit organizations, will be integrated into a developing continuum of family centered, holistic, preventive services for children and families;
3. a description of the inventory of current unmet needs and current community- based and prevention- focused programs and activities to prevent child abuse and neglect, and other family resource services operating in the State;
4. a budget for the development, operation, and expansion of the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that verifies that the State will expend in non-Federal funds an amount equal to not less than 20 percent of the amount received under this title in cash, not in-kind) for activities under this title;
5. an assurance that funds received under this title will supplement, not supplant, other State and local public funds designated for the start up, maintenance, expansion, and redesign of community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect;
6. a description of the State’ s capacity to ensure the meaningful involvement of parents who are consumers, of family advocates, and of adult former victims of child abuse or neglect, who can provide leadership in the planning, implementation, and evaluation of the programs and policy decisions of the applicant agency in accomplishing the desired outcomes for such efforts;
7. a description of the criteria that the entity will use to develop, or select and fund, community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect as part of network development, expansion, or enhancement;
8. a description of outreach activities that the entity and the community- based and prevention- focused programs designed to strengthen and support families to prevent child abuse and neglect will undertake to maximize the participation of racial and ethnic minorities, children and adults with disabilities, homeless families and those at risk of 47 homelessness, unaccompanied homeless youth, and members of other underserved or underrepresented groups;
9. a plan for providing operational support, training, and technical assistance to communitybased and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect for development, operation, expansion and enhancement activities;
10. a description of how the applicant entity’ s activities and those of the network and its members ( where appropriate) will be evaluated;
11. a description of the actions that the applicant entity will take to advocate systemic changes in State policies, practices, procedures, and regulations to improve the delivery of community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect services to children and families; and
12. an assurance that the applicant entity will provide the Secretary with reports at such time and containing such information as the Secretary may require.
Sec. 205. LOCAL PROGRAM REQUIREMENTS. [ 42 U.S.C. 5116e] a. IN GENERAL.— Grants made under this title shall be used to develop, implement, operate, expand, and enhance community- based, and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that—
1. assess community assets and needs through a planning process that involves parents, local public agencies, local nonprofit organizations, and private sector representatives in meaningful roles;
2. develop a comprehensive strategy to provide a continuum of preventive, familycentered services to children and families, especially to young parents, to parents with young children, and to parents who are adult former victims of domestic violence or child abuse or neglect, through public- private partnerships;
3. A. provide for core child abuse and neglect prevention services, which may be provided directed by the local recipient of the grant funds or through grants or agreements with other local agencies, such as—
i. parent education, mutual support and self help, and parent leadership services;
ii. respite care services;
iii. outreach and followup services, which may include voluntary home visiting services; and
iv. community and social service referrals; and
B. provide access to optional services, including—
i. referral to and counseling for adoption services for individuals interested in adopting a child or relinquishing their child for adoption; ii. child care, early childhood education and care, and intervention services;
iii. referral to services and supports to meet the additional needs of families with children with disabilities and parents who are individuals with disabilities;
48 iv. referral to job readiness services;
v. referral to educational services, such as academic tutoring, literacy training, and General Educational Degree services;
vi. self-sufficiency and life management skills training; vii. community referral services, including early developmental screening of children;
viii. peer counseling; and
ix. domestic violence service programs that provide services and treatment to children and their non-abusing caregivers.
4. develop leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the programs and services;
5. provide leadership in mobilizing local public and private resources to support the provision of needed child abuse and neglect prevention program services; and
6. participate with other community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect in the development, operation, and expansion of networks where appropriate. b. PRIORITY.— In awarding local grants under this title, a lead entity shall give priority to effective community- based programs serving low-income communities and those serving young parents or parents with young children, including community- based child abuse and neglect prevention programs.
Sec. 206. PERFORMANCE MEASURES. [ 42 U.S.C. 5116f]
A State receiving a grant under this title, through reports provided to the Secretary—
1. shall demonstrate the effective development, operation, and expansion of a communitybased and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that meets the requirements of this title;
2. shall supply an inventory and description of the services provided to families by local programs that meet identified community needs, including core and optional services as described in section 202 which description shall specify whether those services are supported by research;
3. shall demonstrate that they will have addressed unmet needs identified by the inventory and description of current services required under section 204(3) 4;
4. shall describe the number of families served, including families with children with disabilities, and parents with disabilities, and the involvement of a diverse representation of families in the design, operation, and evaluation of community- based and preventionfocused programs and activities designed to strengthen and support families to prevent child abuse and neglect, and in the design, operation and evaluation of the networks of such community- based and prevention- focused programs;
5. shall demonstrate a high level of satisfaction among families who have used the services of the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect; 4 This represents the probable intent of Congress. The 2010 CAPTA reauthorization changed 205(3) to 204( 3) in paragraph ( 4), but that citation does not exist in paragraph ( 4). 49 6. shall demonstrate the establishment or maintenance of innovative funding mechanisms, at the State or community level, that blend Federal, State, local, and private funds, and innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion, and enhancement of the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect;
7. shall describe the results of evaluation, or the outcomes of monitoring, conducted under the State program to demonstrate the effectiveness of activities conducted under this title in meeting the purposes or the program; and
8. shall demonstrate an implementation plan to ensure the continued leadership of parents in the on-going planning, implementation, and evaluation of such community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect.
Sec. 207. NATIONAL NETWORK FOR COMMUNITY- BASED FAMILY RESOURCE PROGRAMS. [ 42 U.S.C. 5116g]
The Secretary may allocate such sums as may be necessary from the amount provided under the State allotment to support the activities of the lead entity in the State—
1. to create, operate, and maintain a peer review process;
2. to create, operate, and maintain an information clearinghouse;
3. to fund a yearly symposium on State system change efforts that result from the operation of the community- based and prevention- focused programs and activities designed to strengthen and support families to prevent child abuse and neglect;
4. to create, operate, and maintain a computerized communication system between lead entities; and
5. to fund State- to-State technical assistance through bi-annual conferences.
Sec. 208. DEFINITIONS. [ 42 U.S.C. 5116h]
For purposes of this title:
1. COMMUNITY REFERRAL SERVICES.— The term " community referral services" means services provided under contract or through interagency agreements to assist families in obtaining needed information, mutual support and community resources, including respite care services, health and mental health services, employability development and job training, and other social services, including early developmental screening of children, through help lines or other methods.
2. COMMUNITY- BASED AND PREVENTION- FOCUSED PROGRAMS AND ACTIVITIES TO PREVENT CHILD ABUSE AND NEGLECT.— The term community- based and prevention- focused programs and activities to strengthen and support families to prevent child abuse and neglect" includes organizations such as family resource programs, family support programs, voluntary home visiting programs, respite care programs, parenting education, mutual support programs, and other 50 community programs or networks of such programs that provide activities that are designed to prevent or respond to child abuse and neglect.
3. RESPITE CARE SERVICES.— The term “ respite care services” means short term care services, including the services of crisis nurseries, provided in the temporary absence of the regular caregiver ( parent, other relative, foster parent, adoptive parent, or guardian) to children who—
A. are in danger of child abuse or neglect;
B. have experienced child abuse or neglect; or
C. have disabilities or chronic or terminal illnesses.
Such services shall be provided within or outside the home of the child, be short- term care ranging from a few hours to a few weeks of time, per year), and be intended to enable the family to stay together and to keep the child living in the home and community of the child.
Sec. 209. AUTHORIZATION OF APPROPRIATIONS. [ 42 U.S.C. 5116i] There are authorized to be appropriated to carry out this title, $80,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2015.
SECTION II: ADOPTION OPPORTUNITIES
Sec. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. [ 42 U.S.C. 5111]
a. FINDINGS.— Congress finds that—
1. on the last day of fiscal year 2009, some 424,000 children were living in temporary foster family homes or other foster care settings;
2. most children in foster care are victims of child abuse or neglect by their biological parents and their entry into foster care brought them the additional trauma of separation from their homes and often their communities;
3. on average, children entering foster care have more physical and mental health needs than do children in the general population, and some require intensive services because the children entering foster care—
A. were born to mothers who did not receive prenatal care; B. were born with life-threatening conditions or disabilities; C. were born addicted to alcohol or other drugs; or
D. have HIV/AIDS;
4. each year, thousands of children in foster care, regardless of their age, the size of the sibling group they are a part of, their racial or ethnic status, their medical condition, or any physical, mental or emotional disability they may have, are in need of placement with permanent, loving, adoptive families;
5. 51
A. States have made important strides in increasing the number of children who are placed in permanent homes with adoptive parents and in reducing the length of time children wait for such a placement; and
B. many thousands of children, however, still remain in institutions or foster homes solely because of legal and other barriers to such a placement;
6. A. on the last day of fiscal year 2009, there were 115,000 children waiting for adoption;
B. children waiting for adoption have had parental rights of all living parents terminated or the children have a permanency goal of adoption; C.
i. the average age of children adopted with public child welfare agency involvement during fiscal year 2009 was a little more than 6 years; and ii. the average age of children waiting for adoption on the last day of that fiscal year was a little more than 8 years of age and more than 30,000 of those children were 12 years of age or older; and
D.
i. 25 percent of the children adopted with public child welfare agency involvement during fiscal year 2009 were African- American; and ii. 30 percent of the children waiting for adoption on the last day of fiscal year 2009 were African- American;
7. adoption may be the best alternative for assuring the healthy development of children placed in foster care;
8. there are qualified persons seeking to adopt such children who are unable to do so because of barriers to their placement and adoption; and
9. in order both to enhance the stability of and love in the home environments of such children and to avoid wasteful expenditures of public funds, such children— A. should not have medically indicated treatment withheld from them; or B. be maintained in foster care or institutions when adoption is appropriate and families can be found for such children.
b. PURPOSE.— It is the purpose of this title to facilitate the elimination of barriers, including geographic barriers, to adoption and to provide permanent and loving home environments for children who would benefit from adoption, particularly older children, minority children, and children with special needs, including disabled infants with life-threatening conditions, by providing a mechanism to—
1. promote quality standards for adoption services, pre-placement, post-placement, and post-legal adoption counseling, and standards to protect the rights of children in need of adoption;
2. maintain an Internet- based national adoption information exchange system to— A. bring together children who would benefit from adoption and qualified prospective adoptive parents who are seeking such children; B. conduct national recruitment efforts in order to reach prospective parents for children awaiting adoption; and
C. connect placement agencies, prospective adoptive parents, and adoptive parents to resources designed to reduce barriers to adoption, support adoptive families, and ensure permanency; and
52 3. demonstrate expeditious ways to free children for adoption for whom it has been determined that adoption is the appropriate plan.
Sec. 203. INFORMATION AND SERVICES. [ 42 U.S.C. 5113]
a. ESTABLISHMENT IN DEPARTMENT OF HEALTH AND HUMAN SERVICES.— IN GENERAL.— The Secretary shall establish in the Department of Health and Human Services an appropriate administrative arrangement to provide a centralized focus for planning and coordinating of all departmental activities affecting adoption and foster care and for carrying out the provisions of this title. The Secretary shall make available such consultant services, on-site technical assistance and personnel, together with appropriate administrative expenses, including salaries and travel costs, as are necessary for carrying out such purposes, including services to facilitate the adoption of older children, minority children, and children with special needs, particularly infants and toddlers with disabilities who have life-threatening conditions, and services to families considering adoption of children with special needs.
b. REQUIRED ACTIVITIES.— In connection with carrying out the provisions of this title, the Secretary shall—
1. conduct ( directly or by grant to or contract with public or private agencies or organizations) an education and training program on adoption, and prepare, publish, and disseminate ( directly or by grant to or contract with public or private agencies and organizations) to all interested parties, public and private agencies and organizations ( including, but not limited to, hospitals, health care and family planning clinics, and social services agencies), and governmental bodies, information and education and training materials regarding adoption, adoption assistance programs, and post-legal adoption services;
2. conduct, directly or by grant or contract with public or private organizations, ongoing, extensive recruitment efforts on a national level, including efforts to promote the adoption of older children, minority children, and children with special needs, develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents, and establish a coordinated referral system of recruited families with appropriate State or regional adoption resources to ensure that families are served in a timely fashion;
3. notwithstanding any other provision of law, provide ( directly or by grant to or contract with public or private agencies or organizations) for— A. the operation of a national adoption information exchange system including only such information as is necessary to facilitate the adoptive placement of children, utilizing computers and data processing methods to assist in the location of children who would benefit by adoption and in the placement in adoptive homes of children awaiting adoption); and B. the coordination of such system with similar State and regional systems;
4. provide ( directly or by grant to or contract with public or private agencies or organizations, including adoptive family groups and minority groups) for the provision of technical assistance in the planning, improving, developing, and carrying out of programs and activities relating to adoption, and to promote professional leadership training of minorities in the adoption field; 53 5. encourage involvement of corporations and small businesses in supporting adoption as a positive family-strengthening option, including the establishment of adoption benefit programs for employees who adopt children;
6. support the placement of children in kinship care arrangements, preadoptive, or adoptive homes;
7. increase the effective use of public or private agencies ( including communitybased and other organizations) by States, or sectarian institutions, for the recruitment of potential adoptive and foster families and to provide assistance in the placement of children for adoption, including assisting in efforts to work with organizations that promote the placement of older children, minority children, and children with special needs;
8. consult with other appropriate Federal departments and agencies in order to promote maximum coordination of the services and benefits provided under programs carried out by such departments and agencies with those carried out by the Secretary, and provide for the coordination of such aspects of all programs within the Department of Health and Human Services relating to adoption;
9. maintain ( directly or by grant to or contract with public or private agencies or organizations) a National Resource Center for Special Needs Adoption to— A. promote professional leadership development of minorities in the adoption field;
B. provide training and technical assistance to service providers and State agencies to improve professional competency in the field of adoption and the adoption of children with special needs;
C. facilitate the development of interdisciplinary approaches to meet the needs of children who are waiting for adoption and the needs of adoptive families; and
D. identify best practices to reduce adoption disruption and termination;
10. provide ( directly or by grant to or contract with States, local government entities, tribal child welfare agencies, public or private licensed child welfare or adoption agencies or adoptive family groups and community- based organizations with experience in working with minority populations) for the provision of programs aimed at increasing the number of minority children ( who are in foster care and have the goal of adoption) placed in adoptive families, with a special emphasis on recruitment of minority families—
A. which may include such activities as—
i. outreach, public education, or media campaigns to inform the public of the needs and numbers of such children;
ii. recruitment of prospective adoptive families for such children, including developing and using procedures to notify family and relatives when a child enters the child welfare system; iii. expediting, where appropriate, the legal availability of such children;
iv. expediting, where appropriate, the agency assessment of prospective adoptive families identified for such children; v. formation of prospective adoptive family support groups; vi. training of personnel of—
54 I. public agencies;
II. private child welfare and adoption agencies that are licensed by the State; and
III. adoptive parents organizations and community- based organizations with experience in working with minority
populations;
vii. education and training of prospective adoptive or adoptive parents; viii. use of volunteers and adoptive parent groups; and ix. any other activities determined by the Secretary to further the purposes of this title; and
B. shall be subject to the condition that such grants or contracts may be renewed if documentation is provided to the Secretary demonstrating that appropriate and sufficient placements of such children have occurred during the previous funding period; and
11. provide ( directly or by grant to or contract with States, local government entities, or public or private licensed child welfare or adoption agencies) for the implementation of programs that are intended to increase the number of older children ( who are in foster care and with the goal of adoption) placed in adoptive families, with a special emphasis on childspecific recruitment strategies, including—
A. outreach, public education, or media campaigns to inform the public of the needs and numbers of older youth available for adoption; B. training of personnel in the special needs of older youth and the successful strategies of child-focused, child-specific recruitment efforts; and C. recruitment of prospective families for such children. c. SERVICES FOR FAMILIES ADOPTING SPECIAL NEEDS CHILDREN.—
1. IN GENERAL.— The Secretary shall provide ( directly or by grant to or contract with States, local government entities, public or private licensed child welfare or adoption agencies or adoptive family groups) for the provision of post legal adoption services for families who have adopted special needs children.
2. SERVICES.— Services provided under grants made under this subsection shall supplement, not supplant, services from any other funds available for the same general purposes, including—
A. individual counseling;
B. group counseling;
C. family counseling;
D. case management;
E. training public agency adoption personnel, personnel of private, child welfare and adoption agencies licensed by the State to provide adoption services, mental health services professionals, and other support personnel to provide services under this subsection;
F. assistance to adoptive parent organizations;
G. assistance to support groups for adoptive parents, adopted children, and siblings of adopted children;
H. day treatment; and
I. respite care.
55 d. IMPROVING PLACEMENT RATE OF CHILDREN IN FOSTER CARE.—
1. IN GENERAL.— The Secretary shall make grants for improving State efforts to increase the placement of foster care children legally free for adoption, according to a pre-established plan and goals for improvement.
2. APPLICATIONS; TECHNICAL AND OTHER ASSISTANCE.—
A. APPLICATIONS.— Each State entering into an agreement under this subsection shall submit an application to the Secretary that describes the manner in which the State will use funds during the 3 fiscal years subsequent to the date of the application to accomplish the purposes of this section. Such application shall be in a form and manner determined to be appropriate by the Secretary, consistent with the purpose of this title. Each application shall contain information that—
i. describes how the State plans to improve the placement rate of children in permanent homes;
ii. describes the methods the State, prior to submitting the application, has used to improve the placement of older children, minority children, and children with special needs, who are legally free for adoption;
iii. describes the evaluation the State plans to conduct, to identify the effectiveness of programs and methods of placement under this subsection, and submit to the Secretary; and
iv. describes how the State plans to coordinate activities under this subsection with relevant activities under section 473 of the Social Security Act (42 U.S.C. 673).
B. TECHNICAL AND OTHER ASSISTANCE.— The Secretary shall provide, directly or by grant to or contract with public or private agencies or organizations—
i. technical assistance and resource and referral information to assist State or local governments with termination of parental rights issues, in recruiting and retaining adoptive families, in the successful placement of older children, minority children, and children with special needs, and in the provision of pre- and postplacement services, including post-legal adoption services; and ii. other assistance to help State and local governments replicate successful adoption- related projects from other areas in the United States.
C. EVALUATION.— The Secretary shall compile the results of evaluations submitted by States ( described in subparagraph ( A)(iii)) and submit a report containing the complied results to the appropriate committees of Congress.
3. PAYMENTS.—
A. IN GENERAL.— Payments under this subsection shall begin during fiscal year 1989. Payments under this section during any fiscal year shall not exceed $ 1,000,000. No payment may be made under this subsection unless an amount in excess of $5,000,000 is appropriated for such fiscal year under section 5115( a) of this title.
56 B. REVERSION OF UNUSED FUNDS.— Any payment made to a State under this subsection which is not used by such State for the purpose provided in paragraph ( 1) during the fiscal year payment is made shall revert to the Secretary on October 1st of the next fiscal year and shall be used to carry out the purposes of this title.
e. ELIMINATION OF BARRIERS TO ADOPTIONS ACROSS JURISDICTIONAL BOUNDARIES.—
1. IN GENERAL.— The Secretary shall award grants to, or enter into contracts with, States, local government entities, public or private child welfare or adoption agencies, adoption exchanges, or adoption family groups to carry out initiatives to improve efforts to eliminate barriers to placing children for adoption across jurisdictional boundaries.
2. SERVICES TO SUPPLEMENT NOT SUPPLANT.— Services provided under grants made under this subsection shall supplement, not supplant, services provided using any other funds made available for the same general purposes including—
A. developing a uniform home study standard and protocol for acceptance of home studies between States and jurisdictions;
B. developing models of financing cross- jurisdictional placements; C. expanding the capacity of all adoption exchanges to serve increasing numbers of children;
D. developing training materials and training social workers on preparing and moving children across State lines; and
E. developing and supporting initiative models for networking among agencies, adoption exchanges, and parent support groups across jurisdictional boundaries.
Sec. 204. STUDY AND REPORT OF UNLICENSED OR UNREGULATED ADOPTION PLACEMENTS. [ 42 U.S.C. 5114]
f. IN GENERAL.— The Secretary shall provide for a study (the results of which shall be reported to the appropriate committees of the Congress not later than eighteen months after passage of the Keeping Children and Families Safe Act of 2003) designed to determine—
1. the nature, scope, and effects of the interstate ( and, to the extent feasible, intrastate) placement of children in adoptive homes ( not including the homes of stepparents or relatives of the child in question) by persons or agencies;
2. how interstate placements are being financed across State lines;
3. recommendations on best practice models for both interstate and intrastate adoptions; and
4. how State policies in defining special needs children differentiate or group similar categories of children.
g. DYNAMICS OF SUCCESSFUL ADOPTION.— The Secretary shall conduct research directly or by grant to, or contract with, public or private nonprofit research agencies or organizations) about adoption outcomes and the factors affecting those outcomes. The Secretary shall submit a report containing the results of such research to the appropriate 57 committees of Congress not later than the date that is 36 months after the date of the enactment of the Keeping Children and Families Safe Act of 2003. h. INTERJURISDICTIONAL ADOPTION.— Not later than 1 year after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall submit to the appropriate committees of Congress a report that contains recommendations for an action plan to facilitate the interjurisdictional adoption of foster children.
Sec. 205. AUTHORIZATION OF APPROPRIATIONS. [ 42 U.S.C. 5115] a. There are authorized to be appropriated, $ 40,000,000 for fiscal year 2010, and such sums as may be necessary for each of the fiscal years 2011 through 2015 to carry out programs and activities authorized under this subtitle.
b. Not less than 30 percent and not more than 50 percent of the funds appropriated under subsection ( a) shall be allocated for activities under subsections ( b)(10) and ( c) of section 203.
c. The Secretary shall ensure that funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which they were appropriated.
Section III, the Abandoned Infants Assistance Act, was repealed by sec. 7065( b) of P.L. 115- 271.
TheresaBass
From: jodiemosley <[email protected]>
Sent: Saturday, January
To: Lbogdonavich@anaheim. net; CityManager
Cc: PublicComment; Council; [email protected]; CityAttorney; Anaheim GovOutReach; anaheimindependent@gmail. com
Subject:\[ EXTERNAL\] Beach blvd
Attachments: Screenshot_20230118-111932_Instagram.jpg; 20230115_163047.jpg; 20230115_ 163040.jpg; 20230115_163037.jpg
Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
Pleasecontactmeregarding theplannedmuralontheparkingstructureonBeachandOrange. Thiswasabsolutely not discussedwithinthecommunity.
Placeworks, thecompanyhiredtosurveytheresidents wholiveindistrict1neverrequested anymurals. Itisagainstthe BeachblvdSpecificPlan.
NowthatthecityaquiredtheAnaheimLodgeitshouldbedemolished asap. Youhavenorighttohousepeopleinit. This wasneverintheSpecificPlan.
ThescatteredmuralsonBeachareattracting graffitialready, anditsaneyesoretoourcommunity.
Wedeservemuch, muchbetter. Pleasepowerwash thisoffimmediately.
Sincerely,
JodieMosley
SentfrommyT-Mobile5GDevice
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Most people settle for less
than what they deserve
because they let others decide
what they are deserving of.
@wordspad
TheresaBass
From: durfeycraig778@gmail. com
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Subject:\[ 21, asintroduced, officers: training.
Attachments: AB-1718Peace officers advanced training mental illness.pdf; AB21, asintroduced, Gipson. Peace officers training..pdf
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Subject: FW: AB21, asintroduced, Gipson. Peaceofficers: training.
TOWHOMITMAYCONCERN.
From: durfeycraig778@gmail.
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Subject: AB21, asintroduced, Gipson. Peaceofficers: training. 02-12-2023
1 P.R.D.D.C.)
PARENTSFORTHERIGHTSOFDEVELOPMENTALLYDISABLEDCHILDREN
CRAIGA. DURFEYFOUNDEROFP.R.D.D.C.
SOCIALEMOTIONALPAWS.COM
FACEBOOK: CRAIGDURFEY
U.S. HOUSEOFCONGRESSH2404 - HONORINGCRAIGDURFEYFORHISFIGHTAGAINSTAUTISM Ms. LORETTASANCHEZofCalifornia.
https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf newwebsite socialemotionalpaws. org
Towhomitmayconcern.
Request amending CAStateAB 21toinclude language toaddress training socialmedia, gaming ,EsportsasChildAbuse, SCR73BlueLight2019asphysical harmtocausingeye myopia tosleepdeprivation mental illness. Include CAStatecodepenal11165.7first responder childabusereporters trainingwithsocialmedia. Toamendment require local agency torequire community meetings toaddress concerns withdisabilities, social media, mentalwellness ect. Toamendment toincludeStrategies ForYouth , PTB training practice skillsforworking withyouthhttps://strategiesforyouth.org/about/.
BrainonVideoGames | Psychology Today
https://www.psychologytoday.com › mental-wealth › is...
Sep25, 2016 — Playing videogamesmimics thekindsofsensory assaults humansare programmed toassociate withdanger. Whenthebrainsenses danger, primitive ...
VideoGameAddiction | Psychology Today
https://www.psychologytoday.com › basics › video-ga...
According tothatguide, gaming disorderismarkedby “impaired control” overgaming, whichleadstoittakingpriorityoverotherinterests andactivities. The ...
TheHealthRepercussions ofGaming Disorder
https://www.psychologytoday.com › blog › the-health-r...
Aug19, 2021 — Gaming disorder canhaveserious consequences incrucialareasof health.
SenseandNonsense AboutVideoGameAddiction
https://www.psychologytoday.com › freedom-learn › se...
Mar11, 2018 — Whataretheactualeffectsofvideogamingonthebrain? ... Risk: Risks lossofsignificant relationships oremployment because ofgames. 2 JustHowBadIs "GamingAddiction"? | Psychology Today
https://www.psychologytoday.com › blog › just-how-b...
Sep6, 2021 — Indeed, gamingactivates thereward systeminthebraincausing arelease ofdopamine andotherneurotransmitters implicated inreward.
Psychological FalloutofGaming Fixation inYouth
https://www.psychologytoday.com › blog › and-running
Feb11, 2021 — Giventheubiquitous andintense natureofgaming intoday'syouth culture, children referred formoodiness, anxiety, oppositional anddefiant ...
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https://strategiesforyouth.org › services › ptb-training Policing theTeenBrain™ (PTB) isatraining program thatprovides officerswiththe information andskillstheyneedtoeffectively interact withyouth.
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Training toAvoidTragedy ... Strategies ForYouthprovides trainings foryouthto learnaboutthelaw, ... WhatOFFICERS SayAboutPTBtraining.
CompleteListofTrainings — CalSAC
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Missing: ptb | Mustinclude: ptb
ThankYou
3 CraigADurfey
4 SHARE THIS: Date Published: 12/ 05/ 2022 09: 00 PM
ASSEMBLY BILL NO. 21
AB-21 Peace officers: training.( 2023- 2024)
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Assembly Member Gipson
December 05, 2022
An act to amend Section 13515. 28 of, and to add Section 13515. 285 to, the Penal Code, relating to peace officers.
LEGISLATIVE COUNSELS DIGEST AB
21, as introduced, Gipson. Peace officers: training. Existing law requires specified categories oflaw enforcement officers to meet training standards pursuant to courses oftraining certified by the Commission on Peace Officer Standards and Training ( POST). Existing law requires POST to require field training officers who are instructors forthe field training program tohave at least 8hours of crisis intervention behavioral health training tobetter train new peace officers on how to effectively interact with persons with mental illness orintellectual disability.This bill would require the commission torevise that training toinclude instruction on how to effectively interact with persons with Alzheimer’ sdisease or dementia. The bill would specify that a field training officer who completed the training prior to January 1, 2025, or who is exempt from completing the training, is not required totake the updated training, but would require afield training officer who has not completed thetraining onor after January 1, 2025, or who is not exempt from completing the training, to complete the revised training. The bill would exempt jurisdictions that, prior toJanuary1, 2024, develop atraining that meets the same requirements.This bill would also require the commission, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and distribute electronically acourse on how to recognize and interact with persons with Alzheimer’sdisease and dementia. The bill would require peace officers appointed onor before July 1, 2029, to complete that course by January 1, 2030, and peace officers appointed after July 1, 2029, to complete that course within 180 days of being appointed, as specified. The bill would exempt jurisdictions that,prior to January 1, 2024, develop atraining that meets the same requirements. By creating new duties for local officials, this bill would impose astate- mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - AB- 21 Peace officers: training. https:// leginfo. legislature.ca.gov/ faces/ billNavClient. xhtml?bill_id=20...1 of 3 1/ 12/ 2023, 2:14 PM
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13515. 28 of the Penal Code is amended to read:
13515. 28. ( a) ( 1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor-led active learning, such as scenario-based training, and shall be taught in segments that are at least four hours long.
2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph ( 1) shall not apply. b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics:
1) The cause and nature of mental illnesses and intellectual disabilities. 2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders.
B) How to distinguish between mental illness, intellectual disability, and substance use disorders.
C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders.
3) Conflict resolution and deescalation techniques for potentially dangerous situations. 4) Appropriate language usage when interacting with potentially emotionally distressed persons. 5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. 6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders.
c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment.
d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section.
e) ( 1) The commission shall revise the training described in this section to include instruction on how to effectively interact with persons with Alzheimer’ s disease or dementia. A field training officer who completed the training described in this section prior to January 1, 2025, or who was exempt from completing the training pursuant to paragraph ( 2) of subdivision ( a), shall not be required to take the updated training. A field training officer who has not completed the training described in this section by January 1, 2025, or who is not exempt from completing the training pursuant to paragraph ( 2) of subdivision ( a), shall complete the revised training. 2) A training developed by a jurisdiction prior to January 1, 2024, that meets the same requirements as this subdivision shall be deemed to be compliant with this subdivision.
SEC. 2. Section 13515. 285 is added to the Penal Code, immediately following Section 13515. 28, to read:
13515. 285. ( a) The commission shall, upon the next regularly scheduled review of a training module relating to persons with disabilities, create and distribute electronically a course on how to recognize and interact with Bill Text - AB-21 Peace officers: training. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 2 of 3 1/12/2023, 2:14 PM
persons with Alzheimer’s disease or dementia. This course shall be designed for, and made available to, peace officers.
b) The training course shall be developed by the commission in consultation with the California Department of Aging and appropriate community, local, or other state organizations and agencies that have expertise in the area of Alzheimer’s disease and dementia. The commission shall make the course available to law enforcement agencies in California.
c) ( 1) Peace officers appointed on or before July 1, 2029, shall complete the course developed pursuant to this section by January 1, 2030. Peace officers appointed after July 1, 2029, shall complete the course developed pursuant to this section within 180 days of being appointed. 2) Peace officers shall be allowed to complete the course developed pursuant to this section remotely. 3) The requirement described in this subdivision only applies to peace officers described in Sections 830.1, 830.2, with the exception of those described in subdivision ( d) of that section, and 830.33. d) A course developed by a jurisdiction prior to January 1, 2024, that meets the same requirements as this section shall be deemed to be compliant with this section.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Bill Text - AB-21 Peace officers: training. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 3 of 3 1/12/2023, 2:14 PM
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AB-1718 Peace officers: advanced training: mental illness.( 1999- 2000) Assembly Bill No. 1718
CHAPTER 200
An act to add Section 13515. 25 to the Penal Code, relating to peace officers.
Filed with Secretary of State July 24, 2000. Approved by Governor July 24, 2000. ]
LEGISLATIVE COUNSELS DIGEST AB
1718, Hertzberg. Peace officers: advanced training: mental illness.Existing law requires specified categories oflaw enforcement officers to meet training standards pursuant to courses of training certified by the Peace Officers Standards and Training ( POST) program, including abasic training course for law enforcement officers containing an adequate instruction inthe handling of persons with developmental disabilitiesor mental illness, or both, as specified. This bill would require that, on or before June 30, 2001, POST establish and keep updated acontinuing education classroom training course relating tolaw enforcement intervention with developmentally disabled and mentally ill persons and that the course bedeveloped inconsultation withspecified groups and entities. THE PEOPLEOFTHE STATE OF CALIFORNIADOENACTASFOLLOWS: SECTION
1. Section 13515.25 is added tothe Penal Code, to read: 13515.
25. (a) The Commission on Peace Officer Standards and Training shall, on or before June 30, 2001, establish and keep updated acontinuing education classroom training course relating tolaw enforcement interaction with developmentally disabled and mentally ill persons. The training course shall be developed by the commission inconsultation with appropriate community, local, and state organizations and agencies that have expertise inthe area of mental illness and developmental disability, and with appropriate consumer and family advocate groups.In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally ill and developmentally disabled persons. The commission shall make the course available tolaw enforcement agencies in California.b)
The course described insubdivision ( a) shall consist of classroom instruction and shall utilize interactive training methods toensure that the training is as realistic as possible. The course shall include, at a minimum, core instruction inall of the following:1)
The cause and nature of mental illnesses and developmental disabilities.2) How to identify indicators of mental illness and developmental disability and how to respond appropriately ina variety of common situations.Home
Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - AB- 1718 Peace officers: advanced training: mental illness. https:// leginfo. legislature.ca.gov/ faces/ billNavClient. xhtml?bill_id=19...1 of 2 1/ 12/ 2023, 2:13 PM
3) Conflict resolution and de-escalation techniques for potentially dangerous situations involving mentally ill and developmentally disabled persons.
4) Appropriate language usage when interacting with mentally ill and developmentally disabled persons. 5) Alternatives to lethal force when interacting with potentially dangerous mentally ill and developmentally disabled persons.
6) Community and state resources available to serve mentally ill and developmentally disabled persons and how these resources can be best utilized by law enforcement to benefit the mentally ill and developmentally disabled community.
c) The commission shall submit a report to the Legislature by October 1, 2003, that shall include all of the following:
1) A description of the process by which the course was established, including a list of the agencies and groups that were consulted.
2) Information on the number of law enforcement agencies that utilized, and the number of officers that attended, the course or other courses certified by the commission relating to mentally ill and developmentally disabled persons from July 1, 2001, to July 1, 2003, inclusive. 3) Information on the number of law enforcement agencies that utilized, and the number of officers that attended, courses certified by the commission relating to mentally ill and developmentally disabled persons from July 1, 2000, to July 1, 2001, inclusive.
d) The Legislature encourages law enforcement agencies to include the course created in this section, or any other course certified by the commission relating to mentally ill and developmentally disabled persons, as part of their advanced officer training program.
e) It is the intent of the Legislature to reevaluate, on the basis of its review of the report required in subdivision c), the extent to which law enforcement officers are receiving adequate training in how to interact with mentally ill and developmentally disabled persons.
Bill Text - AB-1718 Peace officers: advanced training: mental illness. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=19... 2 of 2 1/12/2023, 2:13 PM
TheresaBass
From: CRAIG DURFEY < durfeycraig778@gmail. com>
Sent: Sunday, January
To: [email protected]; [email protected]; house.gov; [email protected]; NickDibs;
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Subject:\[ EXTERNAL\] School lawsuits oversocialmedia harmfacetoughlegalroad Warning: Thisemailoriginated fromoutsidetheCityofAnaheim. Donotclicklinksoropenattachments unlessyou recognize thesenderandareexpecting themessage.
01-22-2023
P.R.D.D.C.)
PARENTSFORTHERIGHTSOFDEVELOPMENTALLYDISABLEDCHILDREN
CRAIGA. DURFEYFOUNDEROFP.R.D.D.C.
SOCIALEMOTIONALPAWS.COM
FACEBOOK: CRAIGDURFEY
U.S. HOUSEOFCONGRESSH2404 - HONORINGCRAIGDURFEYFORHISFIGHTAGAINSTAUTISM Ms. LORETTASANCHEZofCalifornia.
https://www.govinfo.gov/content/pkg/CREC-2003-03-27/pdf/CREC-2003-03-27.pdf newwebsite socialemotionalpaws. org
Towhomitmayconcern.
School lawsuits oversocialmediaharmfacetoughlegalroad
1 https://lasvegassun.com/news/2023/jan/10/school-lawsuits-over-social-media-harm-facetough/#.Y8zxYFt3MeA.gmail TheYoutube, left, andSnapchat appsareseenonamobiledeviceinNewYork, onAug. 9, 2017. ThebigU.S. socialmediacompanies arenowfacing lawsuits brought bypublic entities thatseektoholdthemtoaccount forahugesocietal problem — intheircase, thementalhealthcrisisamongyouth. Butthenewlawsuits — onebythepublic school districtinSeattle lastweek, withasecond filedbyasuburban districtonMonday, Jan. 9, 2023, andalmost certainly moretocome — faceanuncertain legalroad.
TheYoutube, left, andSnapchat appsareseenonamobiledeviceinNewYork, onAug. 9, 2017. ThebigU.S. socialmedia companies arenowfacinglawsuits brought bypublic entities thatseektoholdthemtoaccount forahugesocietal problem — intheircase, thementalhealthcrisisamongyouth. Butthenewlawsuits — onebythepublic school districtinSeattle lastweek, withasecond filedbyasuburban district onMonday, Jan. 9, 2023, andalmost certainly moretocome — faceanuncertain legalroad.
ByGeneJohnson, Associated Press
Tuesday, Jan. 10, 2023 | 11:04p.m.
SEATTLE — Likethetobacco, oil, gun, opioidandvapingindustries beforethem, thebig U.S. socialmedia companies arenowfacinglawsuits brought bypublicentities thatseek toholdthemaccountable forahugesocietal problem — intheircase, thementalhealth crisisamong youth.
Butthenewlawsuits — onebythepublicschooldistrictinSeattle lastweek, witha second filedbyasuburban district onMonday andalmost certainly moretocome — face anuncertain legalroad.
TheU.S. Supreme Courtisscheduled toheararguments nextmonthovertheextentto whichfederal lawprotects thetechindustry fromsuchclaimswhensocialmedia algorithms pushpotentially harmful content.
Evenifthehighcourtweretoclearthewayforlawsuits likeSeattle's, thedistricthasa daunting challenge inproving theindustry'sliability.
Andthetechindustry insists therearemanywayssocialmedia'seffectsonteenmental healthdifferfrom, say, bigpharma'sroleinpushing opioidaddiction.
Theunderlying argument isthatthetechindustry istoblamefortheemotional stateof teenagers, because theymaderecommendations oncontent thathascaused emotional harm,” saidCarlSzabo, vicepresident andgeneral counselofthetechindustry trade association NetChoice. “ItwouldbeabsurdtosueBarnes & Noblebecause anemployee recommended abookthatcausedemotional harmormadeateenager feelbad. But that'sexactlywhatthislawsuitisdoing.”
SeattlePublicSchools onFriday suedthetechgiantsbehindTikTok, Instagram, Facebook, YouTube andSnapchat, alleging theyhavecreated apublicnuisance by 2 targeting theirproducts tochildren. TheKentSchoolDistrict southofSeattle followed suitonMonday.
Thedistricts blamethecompanies forworsening mentalhealthandbehavioral disorders including anxiety, depression, disordered eatingandcyberbullying; making itmore difficult toeducate students; andforcingschools totakestepssuchashiringadditional mentalhealthprofessionals, developing lessonplansabouttheeffectsofsocialmedia andproviding additional training toteachers.
Ourstudents — andyoungpeopleeverywhere — faceunprecedented learning andlife struggles thatareamplified bythenegative impacts ofincreased screentime, unfiltered content, andpotentially addictive properties ofsocialmedia,” SeattleSuperintendent BrentJonessaidinanemailed statement Tuesday. “Weareconfident andhopeful that thislawsuitisasignificant steptowardreversing thistrendforourstudents.” Federal law — Section 230oftheCommunications DecencyActof1996 — helpsprotect onlinecompanies fromliability arisingfromwhatthird-partyuserspostontheir platforms. Butthelawsuits arguetheprovision, whichpredates allthesocialmedia platforms, doesnotprotectthetechgiants’ behaviorinthiscase, where theirown algorithms promote harmful content.
That'salsotheissueinGonzalez v. Google, theparent company ofYouTube, setfor argument attheSupreme CourtonFeb. 21. Inthatcase, thefamilyofanAmerican woman killedinanIslamicStategroupattackinParisin2015alleges thatYouTube's algorithms aidedtheterrorgroup'srecruitment.
Ifthehighcourt'sdecision makes clearthattechcompanies canbeheldliableinsuch cases, theschooldistrictswillstillhavetoshowthatsocialmediawasinfacttoblame.
Seattle'slawsuit saysthatfrom2009to2019, therewasonaverage a30% increase in thenumberofitsstudents whoreported feeling “sosadorhopeless almost everydayfor twoweeksormoreinarow” thattheystopped doingsometypicalactivities.
ButSzabopointed outthatSeattle'sgraduation rateshavebeenontherisesince2019, duringatimewhenmanykidsreliedonsocialmedia tokeepintouchwiththeirfriends throughout thepandemic. Ifsocialmediaweretrulysoharmfultothedistrict's educational efforts, thegraduation ratewouldn'tberising, hesuggested.
Thecomplaint focuses ononlyhowsocialmediaharms kids, andtheremightbe evidence ofthat,” saidEricGoldman, aprofessor atSantaClaraUniversity SchoolofLaw inSiliconValley. “Butthere’salsoalotofevidence thatsocialmediabenefits teenagers andotherkids. Whatwedon’tknowiswhatthedistress ratewouldlooklikewithout socialmedia. It’spossible thedistress ratewouldbehigher, notlower.” Thecompanies haveinsistedthattheytakethesafetyoftheirusers, especially kids, seriously, andtheyhaveintroduced toolstomakeiteasierforparents toknowwhom theirchildren arecontacting; madementalhealthresources, including thenew988crisis hotline, moreprominent; andimproved ageverification andscreentimelimits.
Weautomatically setteens’ accounts toprivatewhentheyjoinInstagram, andwesend notifications encouraging themtotakeregular breaks," Anitigone Davis, Meta'sglobal 3 headofsafety, saidinanemailed statement. “Wedon’tallowcontent thatpromotes suicide, self-harmoreatingdisorders, andofthecontentweremove ortakeactionon, weidentify over99% ofitbeforeit’sreported tous.”
Evenifsocialmediabenefits somestudents, thatdoesn'terasetheserious harms to manyothers, saidJoshGolin, executive directorofFairplay forKids, anonprofit working toinsulate children fromcommercialization andmarketing.
Thementalhealth coststostudents, theamountoftimeschoolshavetospend monitoring andresponding tosocialmediadrama, isexorbitant,” Golinsaid. “Itis ridiculous thatschoolsareresponsible forthedamages caused bythesesocialmedia platforms toyoungpeople. Nobody isseeingthekindsofcumulative effects thatsocial mediaiscausing totheextentschooldistricts are.”
BothcaseswerefiledinU.S. District CourtinSeattle, buttheyarebasedonstatepublic nuisance law — abroad, vaguely defined legalconcept whoseorigins datebackatleast to13thcenturyEngland. InWashington, publicnuisance isdefined, inpart, as “everyact unlawfully doneandeveryomission toperform aduty” which “shallannoy, injureor endanger thesafety, health, comfort, orrepose ofanyconsiderable numberofpersons.” Mostfamously, publicnuisance claimshelpedprompt thetobacco industry’s $246billion, 25-yearsettlement withthestatesin1998. Butpublicnuisance lawalsohasbeenat leastpartofthebasisforlitigation bystate, city, countyortribalgovernments seeking toholdoilcompanies responsible forclimatechange, thegunindustry forgunviolence, thepharmaceutical industry fortheopioid crisisandvapingcompanies likeJuulforteen vaping.
Muchofthatlitigation isongoing. JuulLabslastmonthagreed tosettlethousands of lawsuits — including 1,400fromschooldistricts, citiesandcounties — forareported
1.2billion.
Suchlitigation hasthepotential toenactmassive change, butitalsoprompts questions abouttheappropriateness ofaddressing bigsocietal issues incourtratherthanthrough thelawmaking process.
JolinaCuaresma, senior counsel forprivacy andtechpolicyatCommon SenseMedia, whichaimstomakemediasaferforchildren, saidshewasthrilledtoseeaschool districtmakeapublicnuisance claimagainst thetechcompanies.
Folkshavebecome tiredwaiting forCongress todosomething,” shesaid. 4 TheresaBass
From: CraigADurfey <[email protected]>
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