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Nicole Rabner's Files
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Retired Files of Nicole Rabner
Special Assistant to the President & Senior Policy Advisor to the First Lady
Box #3 of 16
Foster Care and Adoption Continued
FILES
Adoption- Child Abuse Prevention
Adoption- Adoption / Child Welfare: House & Senate
Adoption- Tax Credit
Adoption- Substance Abuse/ Child Welfare
Adoption- Gay and Lesbian Issues
Adoption- Remarks and Statements of POTUS/HRC
Adoption- Pending Activities
Adoption- Overview of Federal Funding- Child Welfare
Adoption- DC Adoption Rider- Appropriations 1998
Adoption- 2002 Report
Adoption- Executive Memorandum of 1996
Adoption- Levin Adoption Registry
Adoption- Immunization (Immigration Issue)
Adoption- Child Welfare Waivers
Adoption- DC Adoption Issues
Adoption- Press Clips
Adoption- National Council for Adoption
Adoption- Paraguay
Adoption- Child Abuse Coalition
Adoption- Adoption Advocates Lists
Adoption- Organizations- Fact Sheets
Adoption- Kellogg Foundation
Adoption- Dave Thomas Foundation
Adoption- National Adoption Center
Adoption- North American Council on Children for Adoption
15410
ENCI LOSURES FILED OVERSIZE ATTACHMENTS
3/22/2000
NARA 12883
JT
JUNE 22, 1999
MEMORANDUM
TO:
NICOLE RABNER
FROM:
JOY WARREN
SUBJECT: BRIEFING ON CHILD ABUSE PREVENTION
I attended a briefing by the National Child Abuse Coalition on child abuse prevention on 6/21/99
in the Capitol. The panelists, including representatives from the Child Welfare League of
America and Center for Disease Control, presented research findings on the link between child
maltreatment and delinquency and the prevalence of health problems among adults who
experienced childhood trauma. (I have reports if you would like to see them. The CWLA
research generally shows risk factors that contribute to delinquency, including having a parent
who is incarcerated or a substance abuser. The CDC research shows that adults who were abused
or neglected are more likely to have physical and mental health problems).
The panelists also made a plea for support for the Kennedy amendment in the Senate version of
the juvenile crime bill (provides for prevention funding) and for increased prevention funding in
CAPTA and in Title XX Social Services block grant funding.
5-11-1999 1:04PM
FROM MARY BOURDETTE 96905750
P. 1
HUMAN SERVICES. USA
&
FAX COVER SHEET
HEALTH
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 INDEPENDENCE AVE., SW
OF
WASHINGTON, D.C. 20201
DEPARTMENT
OFFICE OF THE ASSISTANT SECRETARY FOR LEGISLATION,
HUMAN SERVICES
PHONE: (202) 690-6311
FAX: (202) 690-8425
DATE:
5/11/99
TO:
Nicole Rabner
FAX:
456-2878
FROM:
Barbara Pisaro Clark
RE:
HR 764 HHS comments on Turman testimony sent to Ron Jones
PAGES (including cover): 14
cc: Nicole Rabner
5-11-1999 05PM
FROM MARY BOURDETTE 96905750
P.2
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FROM:JONES, R.E.
P.4/24
Good morning, Mr. Chairman and Members of the Subcommittee: I am
Kathryn Turman and I serve as the acting director of the Office for Victims of
Crime (OVC) within the Office of Justice Programs, U.S. Department of Justice.
My agency is committed to cnhancing the nation's capacity to assist crime victims
and to providing leadership in changing attitudes, policies, and practices to
promote justice and healing for all victims of crime. I appreciate the opportunity
to testify today regarding the provisions raising the portion of the Crime Victims
Fund allocated to Children's Justice and Assistance Act program from $10 million
to $20 million, describe some of the efforts of the Department on behalf of child
abuse victims, and share our thoughts regarding how best to respond to child
victims.
For more than a decade, ove has served as the Federal Government's chief
advocate for victims of crime. OVC provides significant financial support for
victim assistance and compensation programs around the country and has
launched a wide range of initiatives to ensure the fair treatment of victims in our
legal system and in all other areas of public life.
With an estimated 1 million violent crimes involving child victims reported
to police, another 1.1 million cases of child abuse substantiated by child protection
agencies, roughly 1.8 million of the nation's adolescents between the ages 12 and
17 having been victims of a serious sexual assault, 3.9 million adolescent children
5-11-1999 1:05PM
FROM MARY BOURDETTE 96905750
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FROM:JONES, R.E.
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having been victims of a serious physical assault, and almost 9 million having
witnessed serious violence, child victim issues are undoubtedly a high priority for
this Administration.
In fact, in December 1998 President Clinton and Deputy Attorney General
Eric Holder launched the Children Exposed to Violence Initiative with three
specific purposes in mind - to prevent children's exposure to violence, to
intervene early in the lives of children who are exposed, and to hold perpetrators
of violence against children accountable. This initiative focuses public attention
on abuse and violence that affects the lives of too many children, and challenges
federal, state, and local law enforcement -- in partnership with families,
communities, social service agencies, child protective services, mental and
physical health care providers, schools, courts, the private sector, and federal,
state, and local government leaders - to improve prevention, intervention, and
accountability efforts. On June 22-24, 1999, the Justice Department and the
Department of Health and Human Services will co-host a National Summit on
Children Exposed to Violence in Washington, D.C.
While this effort is a new initiative, the Department has had substantial
involvement with child abuse victims since the passage of the Victims of Crime
Act of 1984 (VOCA). In that Act, Congress created a unique funding mechanism
2
5-11-1999 4 06PM
FROM MARY BOURDETTE 96905750
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FROM:JONES, F.E.
P.6/24
- the Crime Victims Fund (the Fund) - to support services to crime victims. The
Fund is derived from fines and penalties paid by convicted federal offenders -- not
from tax dollars. Since its inception, the Fund has generated more than $2 billion
to support thousands of crime victim programs throughout the United States; this
includes programs and services for child victims of crime.
In the 15 years since VOCA was enacted, OVC has observed wide great
from $77m in its 1st you (1987) to
increases
fluctuations 9 in Fund deposits in 1995 and 1996 approximately $763 million in 1995
from federal criminal offenders was collected to serve crime victims -- the largest
two-year total in the history of the Fund. In the next two-year period, 1997 and
1998, Fund deposits totaled approximately $687 million, which represents a $768
million decline in deposits In provious years (1992 and 1993) the Fund suffered a
similar decrease of more than $75 million in deposits.
There is very little predictability in Fund deposits. Any effort to increase a
specific allocation from the Fund such as an increase in the set-aside for victims of
child abuse could potentially have grave effects on other VOCA authorized
program areas, particularly on state entitlement grants for crime victim
compensation and crime victim assistance services. While funding authorized
under Children's Justice Act is dedicated to a great extent to system changes and
enhancements, state child abuse task forces, and evaluation and assessment,
3
5-11-1999 4:07PM
FROM MARY BOURDETTE 96905750
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FROM:JCNES, R.E.
P.7/24
money for VOCA victim compensation and victim assistance programs is used
solely to provide direct victim services such as counseling and therapy, criminal
justice advocacy, information and referral, and crisis intervention. Thus,
increasing the CJA earmark as currently proposed is at the expense of state VOCA
grants for direct services for crime victims, including child victims.
In 1986 when Senator Paula Hawkins introduced the Children's Justice and
Assistance Act amendment to VOCA, it was at a time when the country had just
witnessed the shortcomings of the McMartin Preschool case. As the nation
watched the turmoil suffered by the children thrust into the criminal justice system
and the frustration of justice and social service professionals, we recognized that
there was a dire need to provide resources to improve the investigation and
prosecution of child abuse cases. The Children's Justice and Assistance Act
provided a modicum of resources to develop training, programs, and protocols in
this area.
Since 1986, when CJA was enacted, a wide range of research, training, and
model programs have been established to improve the justice system's response to
cases of child abuse, neglect, and exploitation from a variety of funding sources in
addition to CJA. For instance, at the New Haven Department of Police Services
and the Child Study Center at the Yale University School of Medicine, a
4
5-11-1999 4:07PM
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FRCM:JONES, R.E.
8/24
collaborative program to address the psychological impact of family and
community violence on children and families, brings together police officers and
mental health professionals to provide each with training and consultation, and to
provide direct interdisciplinary intervention for children who are victims,
witnesses, or perpetrators of violent crime. This program has been replicated in a
number of cities and is the basis for the OJP Safe Start program begun this year.
Safe Start is a $10 million initiative to support replication of this effort in about 12
communities. OVC is joining with the Violence Against Women Office and the
Office of Juvenile Justice and Delinquency Prevention (OJJDP) to fund and
monitor the program.
Another well-known example has been the establishment of Children's
Advocacy Centers in more than 350 communities across the nation. These centers
allow law enforcement officers, child protection workers, prosecutors, victim
advocates, and therapists to conduct coordinated interviews of children in a "child
friendly" setting rather than multiple interviews in intimidating environments
According to the Department of Health and Human Services' Update of
State Activities Conducted Under the Children's Justice Act, proposed annual
funding for Children's Advocacy Centers represents roughly 23 percent or
$254,610 of the funds set aside for investigation efforts under CJA. Funding
5
5-11-1999 4 08PM
FROM MARY BOURDETTE 96905750
P.7
MAY-11-1999 09:35 TO:52 - HHS
FROM:JONES, R.E.
P.9/24
through OJP's Office of Juvenile Justice and Delinquency Prevention (OJJDP) and
through state VOCA victim assistance funding from OVC are also provided to
communities seeking to establish or strengthen Children's Advocacy Centers.
This is just one example where there are at least three distinct funding streams --
CJA, VOCA, and OJJDP - funneling money to the same initiative, and from two
separate agencies.
Each year the Dallas Police Department Investigations Unit sponsors its
annual Crimes Against Children Training Conference, where hundreds of law
enforcement personnel and multi-disciplinary teams from across the United States
attend a five-day comprehensive training course intended to improve the
investigation and prosecution of child abuse and neglect cases.
Further, the American Professional Society on the Abuse of Children
(APSAC) offers a variety of training and professional education courses to
professionals who work with abused and neglected children. APSAC's national
colloquium provides training for professionals on a range of topics relating to
child abuse and neglect. APSAC's Advanced Training Institutes offer instruction
in six-hour blocks on topics such as developing courtroom skills for expert
testimony in child maltreatment cases, advanced medical evaluation of physical or
sexual abuse, coordinated multidisciplinary approaches, and interdisciplinary
6
5-11-1999 4 08PM
FROM MARY BOURDETTE 96905750
P.8
MAY-11-1999 09:35 TO:52 - HHS
FROM:JONES, R.E.
P.10/24
training relating to child fatalities. APSAC also conducts 40-hour Child Forensic
Interviewing Clinics that give participants the opportunity to interact with
clinicians, researchers, and trainers in the field of forensic child interviewing.
The American Prosecutor Research Institute (APRI), along with the
National Center for the Prosecution of Child Abuse, provides extensive training.
resources, support, and advice to prosecutors, police, social workers, and others
involved in the prosecution of child abuse cases. With funding from OJJDP,
APRI also offers an advanced dual track training course for prosecutors in the
areas of child exploitation and parental kidnaping.
Finally, the Fox Valley Technical College in Wisconsin provides training
and technical assistance to law enforcement, prosecutors, child protective service
workers and family service professionals who work with missing and exploited
children. These programs are designed to increase skills and abilities, enhance
service coordination and delivery, and improve the investigation and handling of
missing and exploited children cases. All of these programs have been initiated
from a variety of governmental and private funding sources. Each year, various
components within the Department of Justice sponsor and support training for
professionals who interact with child abuse victims. These funds for child abuse
7
5-11-1999 4 09PM
FROM MARY BOURDETTE 96905750
P.9
MAY-11-1999 09:35 TO:52 - HHS
FROM:JONES, R.E.
P.11/24
initiatives are provided by the Office of Juvenile Justice and Delinquency
Prevention, the Violence Against Women Grants Office, the Bureau of Justice
Assistance, and the Office for Victims of Crime.
While training for professionals who respond to child victims is an on-going
need, increasing funding solely to continue efforts to improve the investigation
and prosecution of child abuse will not address another important need for child
victims - which is funding to support much needed services for other very
vulnerable child vietim populations, particularly for children who witness
violence, child victims of parental kidnaping, and child victims of exploitation.
As previously mentioned, the Crime Victims Fund is used to support state
compensation programs that provide financial assistance to crime victims for out-
of-pocket expenses incurred as a direct result of crime such as medical and mental
health counseling, lost wages, and funeral expenses, and to support community-
based victim services programs such as rape crisis centers, domestic violence
programs, and services for child physical and sexual abuse victims. Based on the
latest data (FY98), state victim assistance programs spent $44 million and state
crime victim compensation programs spent $32 million on child abuse. This
means that under VOCA, states spent about $76 million on child abuse. Between
8
5-11-1999 4 09PM
FROM MARY BOURDETTE 96905750
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FROM:JONES, R.E.
P. 12/24
1994 and 1996, in the VOCA victim assistance program funding for child abuse
increased 80.5% (percent). These funds are used for direct services. If an
additional $10 million is set aside from the Crime Victims Fund for Children's
Justice Act programs, states will have $10 million less for these programs and
programs serving other crime victims.
OVC proposes two recommendations that we believe will broaden the
impact of the Children's Justice and Assistance Act. First, OVC recommends
that any increase in funding under CJA be proportionately reallocated to support
improved investigative and prosocutorial efforts and to fund child victim and
witness treatment programs. If this recommendation were adopted, OVC would
remove the required 10 percent allocation to the priority categories - -- domestic
violence, sexual assault, and child abuse in the VOCA victim assistance grant
program guidelines. This would provide maximum flexibility to states to
determine funding allocations for these areas. The current percentage allocations
were necessary in the early years after VOCA was enacted to assure a base level of
funding for these victim populations. However, OVC has found in funding child
abuse programs, many states have viewed the established percentage requirement
as a "cap" on funding rather than a "floor" for minimal funding to support child
abuse programs.
9
5-11-1999 10PM
FROM MARY BOURDETTE 96905750
P.11
MAY-11-1999 09:35 TO:52 - HHS
FROM:JONES, R.E.
P. 13/24
Presently, CJA funding is limited to programs to enhance treatment of
victims in "child abuse and neglect cases, particularly cases of child sexual abuse
and exploitation." [ 42 U.S.C. § 5106c (a)(1)] The law defines the term "child
abuse and neglect to mean "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, or an act or failure to act which presents an
imminent risk of serious harm... 142 U.S.C. § 5106g(2)]
This definition leaves out a vast number of children who are victimized by
crime and need programs and attention not now available. Victims of abuse by
non-custodial family members, friends, or strangers are not covered by the present
definition. In addition, children who witness crime are not included. In this
country, children witness violent crime on a daily basis, including homicide, rape,
assault, and domestic violence. Although child witnesses may not suffer physical
injury, the emotional consequences of viewing or being within earshot of such acts
of violence are severe and long lasting. Child witnesses to violence often
experience many of the same symptoms and lasting effects as children who are
victims themselves, including post-traumatic stress disorder (PTSD).
The definition contained in the CJA is outdated and limits the money from
being spent in a way that will encompass all child victims and witnesses to
10
0PM
FROM MARY BOURDETTE 96905750
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FROM: JONES, R.E.
P. 14/24
violence, not just a select few. We have learned a lot since CJA was originally
passed more than a decade ago, and these lessons should be incorporated in any
changes made lest you tie the hands of those in the field who seek to use the
money for the most cffective programs. The focus of CIA funding on matters
pertaining to intrafemilial child abuse victims fails to take into consideration three
other important child victim populations -- victims of parental kidnaping, child
victims of sexual abuse/exploitation by non-family persons, and children who
witness violence.
Second, the mannor in which funding is currently distributed to support
services and system change for handling child abuse cases does not lend itself to
establishing a comprehensive response to child abuse. Each year, OVC trensfers
$8.5 million to the Department of Health and Human Services, in accordance with
current provisions of CJA to administer the state grant program. OVC retains
$1.5 million w fund child abuso initiatives in Indian Country Since CJA was
established, OVC has provided nearly $9 million in direct funding to 38 tribal
programs in states with federally recognized tribes. I have attached to my
testimony an OVC fact sheet on this subject These funds are in addition to the
millions of dollars each year that OVC administers through the state formula grant
programs and its national scope training and technical assistance efforts which
11
5-11-1999 4:11PM
FROM MARY BOURDETTE 96905750
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FROM:JONES, R.E.
P.15/24
both support child abuse victims.
When states must seek funding from multiple agencies with distinct goals
and objectives and different funding requirements to support a target population,
the result is often a piecemeal approach to the overall problem. OVC believes
that, in the best interest of improving implementation and administrative oversight
of Children's Justice Act funding and programs, CJA funding should be
administered by the Department of Justice.
OVC currently administers funding for direct services to crime victims
under the VOCA victim assistance grant program and for national scope training
and technical assistance for justice system and allied professionals under VOCA's
discretionary program authority. If this recommendation is adopted, designated
state agencies applying for VOCA victim assistance dollars could receive funding
under CJA from one agency and begin to develop comprehensive responses to
child victims and witnesses. Likewise, OVC would be better positioned to couple
its demonstration and discretionary funding authority to support training, technical
assistance and the development of model programs using both CJA and VOCA
funding from the Crime Victims Fund.
Further, if the focus of CJA funding remains directed toward improving the
investigation and prosecution of child abuse cases, the Department of Justice is in
12
5-11-1999 4:11PM
FROM MARY BOURDETTE 96905750
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the best position to provide guidance and technical assistance to grantees on
policies, protocols, and training in the investigation and prosecution of child
abuse.
Mr. Chairman. that concludes nry formal remarks. I would be pleased to
continue to work with this Subcommittee as you consider legislation to address the
important issue of child victims. I would be pleased to answer any questions you
or other members of the Subcommittee may have. Thank you.
13
SENT BY. Xerox Telecopier 7021 ; 5-11-99 ; 4:38PM ;
94562878;# 1
HUMAN SERVICES USA
&
FAX COVER SHEET
HEALTH
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
OF
200 INDEPENDENCE AVE., SW
WASHINGTON, D.C. 20201
DEPARTMENT
OFFICE OF THE ASSISTANT SECRETARY FOR LEGISLATION,
HUMAN SERVICES
PHONE: (202)690-6311
FAX: (202) 690-8425
DATE:
5/11/99
TO:
Ron Jones Nicole Rabnu
FAX:
395-3109 456-2878
FROM:
Barbara Pisaro Clark
RE:
HR 764 HHS testimony with edits, chart
PAGES (including cover): 06
Turman mark up to follow
This compromise was on our twimmy
our suggested
SENT BY:Xerox Telecopier 7021 ; 5-11-99 ; 4:39PM ;
94562878;# 2
Comparison of Crime Victims Fund Deposits with Children's Justice
Act Appropriations
Crime Victims Fund*
Children's Justice Act
1987
$ 77,000,000
$2,812,000
1988
93,000,000
3,485,000
1989
133,000,000
3,578,000
1990
148,000,000
9,194,000
1991
127,000,000
9,455,000
1992
221,000,000
9,325,000
1993
144,000,000
9,325,000
1994
185,000,000
9,325,000
1995
233,000,000
8,500,000
1996
528,000,000
8,500,000
1997
362,000,000
8,500,000
* Amounts are rounded and taken from OVC Fact Sheet Victims of
Crime Act Crime Victims Fund
SENT BY:Xerox Telecopier 7021 ; 5-11-99 ; 4:39PM ;
94562878:# 3
STATEMENT FOR THE RECORD
SUBMITTED BY
CAROL W. WILLIAMS
ASSOCIATE COMMISSIONER
THE CHILDREN'S BUREAU
ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES
ADMINISTRATION FOR CHILDREN AND FAMILIES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
ON
H.R. 764
"THE CHILD ABUSE PREVENTION AND ENFORCEMENT ACT"
BEFORE THE
SUBCOMMITTEE ON CRIME
HOUSE COMMITTEE ON THE JUDICIARY
MAY 12, 1999
SENT BY:Xerox Telecopier 7021 5-11-99 4:39PM
94562878;# 4
Mr. Chairman and Members of the Subcommittee,
I want to thank you for the opportunity to submit testimony regarding H.R. 764, the "Child
Abuse Prevention and Enforcement Act", which includes a provision to double the amount of
funding set aside for the Children's Justice Act. These enhanced funds would enable the states
and tribes to expand innovative, multi-agency, multi-disciplinary activities to assure children's
safety and well-being. We greatly appreciate the interest and leadership shown by the members
of this subcommittee in working to protect children from abuse and neglect.
We are proud that the Administration has been able to work in a bipartisan fashion with the
Congress over the past several years to pass critical child protection and child welfare reform
legislation, including the Adoption and Safe Families Act which makes clear that the safety and
well-being of children must be the first consideration. We have also recognized that protecting
children and assuring them a chance to grow up in safe, stable environments requires the
coordinated efforts of child welfare agencies, law enforcement and the courts. Therefore, we are
pleased to express our support for the increased resources that H.R. 764 would provide to would
promote improved collaboration to ensure the safety of children.
As you know, the Children's Justice Act (CJA) is authorized as part of the Child Abuse
Prevention and Treatment Act (CAPTA), which is administered by the Children's Bureau within
the Administration for Children and Families in the U.S. Department of Health and Human
Services. The Children's Bureau is responsible for administering the major child abuse and
neglect and child welfare programs, including the Social Security Act's title IV-B Child Welfare
Services and Promoting Safe and Stable Families programs and title IV-E foster care, adoption
assistance and Independent Living programs, as well as CAPTA and several other discretionary
grant programs. One of our goals in administering the various authorities is to assist the states to
use federal funds in a coordinated manner, so as to strengthen the systems for protecting and
serving abused and neglected children and their families. In our administration of programs, we
also work to coordinate with other federal agencies administering related programs, including the
Department of Justice, and we encourage state child welfare agencies to collaborate with other
state and local agencies and entities that play critical roles in protecting children. The CJA is an
important tool in encouraging and leveraging such coordination at the state and local levels.
The CJA program was first authorized in 1987 for the purpose of developing, establishing and
operating programs designed to improve the handling of child abuse cases, particularly child
sexual abuse; to strengthen the investigation and prosecution of cases of abuse; to reduce trauma
to child victims; and to make needed reforms in state laws, policies and procedures in order to
provide comprehensive protection to children. Later the legislation was amended to address
sexual exploitation, child maltreatment fatalities, and child maltreatment cases involving a
potential combination of jurisdictions, such as interstate, federal-state, and state-tribal. The
amendments also addressed the issues of prompt and successful resolution of civil and criminal
court proceedings, enhancing the effectiveness of judicial and administrative action in child
abuse cases, particularly child sexual exploitation cases, and enhancement of performance of
court appointed attorneys and guardians ad litem for children. The statutory language in CAPTA
outlines the purposes of the program and the eligibility requirements for states to receive grants.
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It also specifies that funds for the program are to come from the Victims of Crime Act of 1984, at
the level specified by section 1404A of that Act. Since the creation of the CJA program, funds in
the Crime Victims Fund have grown from $77 million to $362 million. Funding for the CJA is
set at $10 million, with $8.5 million being administered by the Children's Bureau for grants to
the states, and $1.5 million administered by the Department of Justice for grants to Indian tribes.
The major purposes of the CJA include improving the investigation, administrative and judicial
handling and prosecution of child abuse and neglect; reducing the trauma experienced by child
victims; and preventing child maltreatment fatalities. The program is designed to promote
systems change and improvement in the arena of child protection. For this reason, one major
requirement of the program is that a state multi-disciplinary task force, comprised of
representatives from child protective services agencies, law enforcement, the courts, health and
medical professionals, and others be established to review and make recommendations on the
need for changes in state laws, policies, regulations, training procedures and other systemic
factors affecting the protection of abused and neglected children. Among the more frequent
types of activities states address using CJA funds are:
Promoting and funding interagency, multi-disciplinary training and cross-training, so that
the various professionals involved in child abuse and neglect cases understand each
other's work and learn to communicate effectively across specialties. Such training helps
to ensure more comprehensive assessments, more complete investigations and court
presentations, reduced trauma to child victims and more appropriate interventions applied
in a more timely manner.
Establishing and providing ongoing training for child fatality review teams that help to
identify cases of child maltreatment fatalities and prevent future fatalities.
Supporting the establishment and/or maintenance of Child Advocacy Centers, where
child victims and their families can be interviewed, evaluated and treated by a multi-
disciplinary team in a child-friendly setting, thereby reducing the risk of subjecting
children to further trauma during the investigation child abuse.
I would like to highlight for you several specific examples of activities being carried out by the
states with the support of CJA funds.
Florida has developed educational standards and a certification process for all non-
medical personnel of child protection teams and sexual abuse treatment programs. Child
fatality review teams have been established at the state and local levels, in order to review
individual child deaths, gather data and utilize that information to design prevention
efforts at the state and local levels.
Texas has used some of its CJA funds to establish the Telemedicine Project to enhance
the quality of medical evaluations and consultation for child sexual abuse cases occurring
in remote areas.
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The Virginia CJA Task Force recently held two regional multi-disciplinary training
conferences, focusing on investigation and prosecution of child maltreatment related
fatalities and serious physical abuse. The target audience included law enforcement,
child protective services workers, attorneys, school personnel and medical professionals.
New Jersey 's CJA Task Force accomplishments include four regional multi-disciplinary
diagnostic facilities for sexual abuse and serious physical abuse cases, with a training
component which routinely brings all the various professionals together, resulting in
more effective handling and resolving of cases, reduced trauma to children due to fewer
interviews and examinations by individual professionals, and more rapid response to the
child's needs for treatment.
Georgia CJA funds assisted in the development and implementation of a comprehensive
training program to strengthen the multi-disciplinary approach to cases and also provided
funding of a Children's Advocacy Center serving four northwest Georgia counties.
Massachusetts funds several Family Advocacy Centers and a case tracking and review
project, the goal of which is to enhance an already established multi-disciplinary case
review program. Their statewide "Project Alliance" was established to provide consistent
and coordinated information to school personnel (teachers, child protection teams)
regarding their mandate to report suspected child abuse and neglect. On-site training and
technical assistance is provided.
In closing, I would like to again emphasize the importance of strengthening and improving the
systems of care for our children so that we can continually ensure their safety. The Children's
Justice Act plays an important part in this ongoing and important work. I thank you for the
opportunity to express my support for this provision of H.R. 764.
submit this state ment for the record.
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P. 1/8
Total Pages:
LRM ID: REJ82
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Monday, May 10, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer - See Distribution below
FROM:
E. E Green Jun
(for) Assistant Director for Legislative Reference
OMB CONTACT:
Ronald E. Jones
PHONE: (202)395-3386 FAX: (202)395-3109
SUBJECT:
HEALTH & HUMAN SERVICES Testimony on HR764 Child Abuse
Prevention and Enforcement Act
DEADLINE:
10:00 AM Tuesday, May 11, 1999
In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject
before advising on its relationship to the program of the President. Please advise us if this Item will
affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of
the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: DOJ is expected to testify also.
DISTRIBUTION LIST
AGENCIES:
61-JUSTICE - Jon P. Jennings - (202) 514-2141
EOP:
Jose Cerda III
Leanne A. Shimabukuro
Nicole R. Rabner
Cynthia A. Rice
Sandra Yamin
Matthew McKearn
Alexander S. Keenan
James Boden
Ellen J. Balls
Glenn R. Schlarman
Maya A. Bernstein
Melenda Haskins
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM:HUNTER M
P.2/8
LRM ID: REJ82 SUBJECT: HEALTH & HUMAN SERVICES Testimony on HR764 Child Abuse
Prevention and Enforcment Act
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond by
e-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the
branch-wide line shown below (NOT the analyst's line) to leave a message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be connected to voice mail If the analyst does
not answer); or
(2) sending us a memo or letter
Please Include the LRM number shown above, and the subject shown below.
TO:
Ronald E. Jones Phone: 395-3386 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM:
(Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of
pages, attached to this response sheet
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P.3/8
STATEMENT FOR THE RECORD
SUBMITTED BY
CAROL W. WILLIAMS
ASSOCIATE COMMISSIONER
THE CHILDREN'S BUREAU
ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES
ADMINISTRATION FOR CHILDREN AND FAMILIES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
ON
H.R. 764
"THE CHILD ABUSE PREVENTION AND ENFORCEMENT ACT"
BEFORE THE
SUBCOMMITTEE ON CRIME
HOUSE COMMITTEE ON THE JUDICIARY
MAY 12, 1999
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P. 4/8
Mr. Chairman and Members of the Subcommittee,
I want to thank you for the opportunity to submit testimony regarding H.R. 764, the "Child
Abuse Prevention and Enforcement Act", which includes a provision to double the amount of
funding set aside for the Children's Justice ACL These enhanced funds would enable the states
and tribes to expand innovative, multi-agency, multi-disciplinary activities to assure children's
subjety and well-being. We greatly appreciate the interest and leadership shown by the members
of this subcommittee in working to protect children from abuse and neglect.
We are proud that the Administration has been able to work in a Dipartisan fashion with the
Congress over the past several years to pass critical child protection and child welfare reform
legislation, including the Adoption and Safe Families Act which makes clear that the safety and
well-being of children must be the first consideration. We have also recognized that protecting
children and assuring them 2 chance to grow up in safe, stable environments requires the
coordinated efforts of child welfare agencies, law enforcement and the courts. Therefore, we are
pleased to express our support for the increased resources that H.R. 764 would provide to
promote improved collaboration to ensure the safety of children.
As you know, the Children's Justice Act (CJA) is authorized as part of the Child Abuse
Prevention and Treatment Act (CAPTA), which is administered by the Children's Bureau within
the Administration for Children and Families in the U.S. Department of Health and Human
Services. The Children's Bureau is responsible for administering the major child abuse and
neglect and child welfare programs, including the Social Security Act's title IV-B Child Welfare
Services and Promoting Safe and Stable Families programs and title IV-E foster care, adoption
assistance and Independent Living programs, as well as CAPTA and several other discretionary
grant programs. One of our goals in administering the various authorities is to assist the states to
use federal funds in a coordinated manner, so as to strengthen the systems for protecting and
serving abused and neglected children and their firmilies. in our administration of programs, we
also work to coordinate with other federal agencies administering related programs, including the
Department of Justice, and we encourage state child welfare agencies TO collaborate with other
state and local agencies and entities that play critical roles in protecting children The CJA is an
important too! in encouraging and leveraging such coordination at the state and local levels.
The CJA program was first authorized in 1987 for the purpose of developing, establishing and
operating programs designed to improve the handling of child seuse cases, particularly child
sexual abuse, w strengthen the investigation and prosecution of cases of abuse; to reduce traums
to child victims; and to make needed reforms in state laws, policies and procedures in order to
provide compreheusive protection to children. Later the legislation WHB amended to address
sexual exploitation, child maltrestment fatalities, and child maltrestment CASCE involving a
potential combination of jurisdictions. such as interstate, federal-state. and state-tribal. The
amendments also addressed the issues of prompt and successful resolution of civil and criminal
court proceedings, enhancing the effectiveness of judicial and administrative action in child
abuse cases, particularly child sexual exploitation cases, and enhancement of performance of
court appointed attorneys and guardians ad litem for children. The statutory language in CAPTA
outlines the purposes of the program and the eligibility requirements for states to receive grants.
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P. 5/8
It also specifies that funds for the program are to come from the Victims of Crime Act of 1984, at
the level specified by section 1404A of that Act. Since the creation of the CJA program, funds in
the Crime Victims Fund have grown from $77 million to $362 million Funding for the CJA is
set at $10 million, with $8.5 million being administered by the Children's Bureau for grants to
the states, and $1.5 million administered by the Department of Justice for grants to Indian tribes.
The major purposes of the CJA include improving the investigation, administrative and judicial
handling and prosecution of child abuse and neglect; reducing the trauma experienced by child
victims: and preventing child maltreatment fatalities. The program is designed to promote
systems change and improvement in the arena of child protection. For this reason, one major
requirement of the program is that A state multi-disciplinary task force, comprised of
representatives from child protective services agencies, law enforcement, the courts, health and
medical professionals, and others be established to review and make recommendations on the
need for changes in state laws, policies, regulations. training procedures and other systemic
factors affecting the protection of abused and neglected children. Among the more frequent
types of activities states address using CJA funds are:
Promoting and funding interagency, multi-disciplinary training and cross-training, so that
the various professionals involved in child abuse and neglect cases understand each
other's work and learn to communicate effectively across specialties. Such training helps
to ensure more comprehensive assessments, more complete investigations and court
presentations, reduced trauma to child victims and more appropriate Interventions applied
in a more timely manner.
Establishing and providing ongoing training for child fatality review teams that help to
identify cases of child maltreatment fatalities and prevent future fatalities.
Supporting the establishment and/or maintenance of Child Advocacy Centers, where
child victims and their families can be interviewed, evaluated and treated by a multi-
disciplinary team in a child-friendly setting, thereby reducing the risk of subjecting
children to further trauma during the investigation child abuse.
I would like to highlight for you several specific examples of activities being carried out by the
states with the support of CJA funds.
Florida has developed educational standards and a certification process for all non-
medical personnel of child protection teams and sexual abuse treatment programs. Child
fatality review teams have been established at the state and local lovels, in order to review
individual child deaths, gather data and utilize that information to design prevention
efforts at the state and local levels.
Texas has used some of its CJA funds to establish the Telemedicine Project to enhance
the quality of medical evaluations and consultation for child sexual abuse cases occurring
in remote areas.
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P. 6/8
The Virginia CJA Task Force recently held two regional multi-disciplinary training
conferences, focusing on investigation and prosecution of child maitreatment related
fatalities and serious physical abuse. The target audience included law enforcement,
child protective services workers, attorneys, school personnel and medical professionals.
New Jersey 's CJA Task Force accomplishments include four regional multi-disciplinary
diagnostic facilities for sexual abuse and serious physical abuse cases, with a training
component which routinely brings all the various professionals together, resulting in
more effective handling and resolving of cases, reduced trauma to children due to fewer
interviews and examinations by individual professionals, and more rapid response W the
child's needs for treatment.
Georgia CJA funds assisted in the development and implementation of a comprehensive
training program to strengthen the multi-disciplinary approach to cases and also provided
funding of a Children's Advocecy Center serving four northwest Georgia countles.
Massachusetts funds several Family Advocacy Centers and a case tracking and review
project, the goal of which is to enhance an already established multi-disciplinary case
review program. Their statewide "Project Alliance" was established to provide consistent
and coordinated information to school personnel (teachers, child protection teams)
regarding their mandate to report suspected child abuse and neglect On-site training and
technical assistance is provided.
In closing, 1 would like to again emphasize the importance of strengthening and improving the
systems of care for our children so that we can continually ensure their safety. The Children's
Justice Act plays an important part in this ongoing and important work. 1 thank you for the
opportunity to express my support for this provision of H.R. 764.
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P. 7/8
HR 764 IH
106th CONGRESS
1st Session
H. R. 764
To reduce the incidence of child abuse and neglect, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 12, 1999
Ms. PRYCE of Ohio (for herself, Mr. EWING, Mr. GREENWOOD, Mr. DELAY, and Mrs. JONES of
Ohio) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To reduce the incidence of child abuse and neglect, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Child Abuse Prevention and Enforcement Act'.
SEC. 2. IMPROVEMENT OF ACCESS TO CERTAIN COURT AND LAW
ENFORCEMENT RECORDS TO PREVENT CHILD ABUSE.
(a) DESCRIPTION OF GRANT PROGRAM- Section 1402 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796aa-1) is amended by adding before the period at the end
the following: `or to provide child protective workers and child welfare workers (in public and
private agencies, who, in the course of their official duties, are engaged in the assessment of risk
and other actions related to the protection of children, including placement of children in foster
care) access to criminal conviction information and orders of protection based on a claim of
domestic or child abuse, or to improve law enforcement access to judicial custody orders,
visitation orders, protection orders, guardianship orders, stay away orders, or other similar judicial
orders'.
(b) APPLICATION TO RECEIVE GRANTS- Section 1403 of such Act (42 U.S.C. 3796aa-2) is
amended-
(1) in paragraph (1), by inserting before the semicolon at the end the following: `or to
provide child protective workers and child welfare workers (in public and private agencies,
who, in the course of their official duties, are engaged in the assessment of risk and other
actions related to the protection of children, including placement of children in foster care)
access to criminal conviction information and orders of protection based on a claim of
domestic or child abuse, or to improve law enforcement access to judicial custody orders,
visitation orders, protection orders, guardianship orders, stay away orders, or other similar
judicial orders'; and
1 of 2
5/7/99 11:17 AM
MAY-10-1999 14:48 TO:NICOLE RABNER
FROM: HUNTER M
P. 8/8
(2) in paragraph (2), by inserting before the period at the end the following: `or to provide
child protective workers and child welfare workers (in public and private agencies, who, in
the course of their official duties, are engaged in the assessment of risk and other actions
related to the protection of children, including placement of children in foster care) access to
criminal conviction information and orders of protection based on a claim of domestic or
child abuse, or to improve law enforcement access to judicial custody orders, visitation
orders, protection orders, guardianship orders, stay away orders, or other similar judicial
orders'.
(c) REVIEW OF APPLICATIONS- Section 1404(a) of such Act (42 U.S.C. 3796aa-3(a)) is
amended in the matter preceding paragraph (1) by inserting after `to receive a grant' the following:
'for closed circuit televising of testimony of children who are victims of abuse'.
(d) DEFINITIONS- Section 1409(2) of such Act (42 U.S.C. 3796aa-8(2)) is amended by inserting
before the period at the end the following: 'or the taking of a child in violation of a court order'.
(e) CONFORMING AMENDMENT- Part N of title I of such Act (42 U.S.C. 3796aa) is amended
in the heading to read as follows:
`PART N-GRANTS FOR CLOSED-CIRCUIT TELEVISING OF
TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE
AND FOR IMPROVING ACCESS TO COURT AND LAW
ENFORCEMENT RECORDS FOR THE PURPOSE OF
PREVENTING CHILD ABUSE'.
SEC. 3. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD
PROTECTION.
Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751) is amended--
(1) by striking `and' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and adding ; and'; and
(3) by adding at the end the following:
'(27) enforcing child abuse and neglect laws and programs designed to prevent child abuse
and neglect.'.
SEC. 4. INCREASE IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE
VICTIMS OF CRIME ACT OF 1984.
Section 1402(d)(2) of the Victims of Crime Act of 1984 is amended by striking '$10,000,000' and
inserting '$20,000,000'.
END
2 of 2
5/7/99 11:17 AM
TOTAL P.08
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 1/24
Total Pages:
LRM ID: REJ84
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503-0001
Tuesday, May 11, 1999
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Legislative Liaison Officer - See Distribution below
Gicher E. Jones
E. Jun
FROM:
E. Green (for) Assistant Director for Legislative Reference
OMB CONTACT:
PHONE: (202)395-3386 FAX: (202)395-3109
SUBJECT:
JUSTICE Testimony on HR764 Child Abuse Prevention and Enforcement
Act
DEADLINE:
4:00 PM Today Tuesday, May 11, 1999
In accordance with OMB Circular A-19, OMB requests the views of your agency on the above subject
before advising on its relationship to the program of the President. Please advise us if this item will
affect direct spending or receipts for purposes of the "Pay-As-You-Go" provisions of Title XIII of
the Omnibus Budget Reconciliation Act of 1990.
COMMENTS: HHS testimony was circulated yesterday as LRM REJ 82.
DISTRIBUTION LIST
AGENCIES:
52-HEALTH & HUMAN SERVICES - Sondra S. Wallace - (202)690-7760
EOP:
Jose Cerda III
Leanne A. Shimabukuro
Nicole R. Rabner
Cynthia A. Rice
Sandra Yamin
Matthew McKearn
Alexander S. Keenan
James Boden
Ellen J. Balis
Glenn R. Schlarman
Maya A. Bernstein
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 2/24
LRM ID: REJ84 SUBJECT: JUSTICE Testimony on HR764 Child Abuse Prevention and Enforcement
Act
RESPONSE TO
LEGISLATIVE REFERRAL
MEMORANDUM
If your response to this request for views is short (e.g., concur/no comment), we prefer that you respond by
e-mail or by faxing us this response sheet. If the response is short and you prefer to call, please call the
branch-wide line shown below (NOT the analyst's line) to leave a message with a legislative assistant.
You may also respond by:
(1) calling the analyst/attorney's direct line (you will be connected to voice mail if the analyst does
not answer); or
(2) sending us a memo or letter
Please include the LRM number shown above, and the subject shown below.
TO:
Ronald E. Jones Phone: 395-3386 Fax: 395-3109
Office of Management and Budget
Branch-Wide Line (to reach legislative assistant): 395-3454
FROM:
(Date)
(Name)
(Agency)
(Telephone)
The following is the response of our agency to your request for views on the above-captioned subject:
Concur
No Objection
No Comment
See proposed edits on pages
Other:
FAX RETURN of
pages, attached to this response sheet
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 3/24
STATEMENT
OF
KATHRYN M. TURMAN
ACTING DIRECTOR
OFFICE FOR VICTIMS OF CRIME
OFFICE OF JUSTICE PROGRAMS
BEFORE THE
SUBCOMMITTEE ON CRIME
COMMITTEE ON THE JUDICIARY
U.S. HOUSE OF REPRESENTATIVES
ON
MAY 12, 1999
WASHINGTON, D.C.
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 4/24
Good morning, Mr. Chairman and Members of the Subcommittee: I am
Kathryn Turman and 1 serve as the acting director of the Office for Victims of
Crime (OVC) within the Office of Justice Programs, U.S. Department of Justice.
My agency is committed to enhancing the nation's capacity to assist crime victims
and to providing leadership in changing attitudes, policies, and practices to
promote justice and healing for all victims of crime. I appreciate the opportunity
to testify today regarding the provisions raising the portion of the Crime Victims
Fund allocated to Children's Justice and Assistance Act program from $10 million
to $20 million, describe some of the efforts of the Department on behalf of child
abuse victims, and share our thoughts regarding how best to respond to child
victims.
For more than a decade, OVC has served as the Federal Government's chief
advocate for victims of crime. OVC provides significant financial support for
victim assistance and compensation programs around the country and has
launched a wide range of initiatives to ensure the fair treatment of victims in our
legal system and in all other areas of public life.
With an estimated 1 million violent crimes involving child victims reported
to police, another 1.1 million cases of child abuse substantiated by child protection
agencies, roughly 1.8 million of the nation's adolescents between the ages 12 and
17 having been victims of a serious sexual assault, 3.9 million adolescent children
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 5/24
having been victims of a serious physical assault, and almost 9 million having
witnessed serious violence, child victim issues are undoubtedly a high priority for
this Administration.
In fact, in December 1998 President Clinton and Deputy Attorney General
Eric Holder launched the Children Exposed to Violence Initiative with three
specific purposes in mind - to prevent children's exposure to violence, to
intervene early in the lives of children who are exposed, and to hold perpetrators
of violence against children accountable. This initiative focuses public attention
on abuse and violence that affects the lives of too many children, and challenges
federal, state, and local law enforcement -- in partnership with families,
communities, social service agencies, child protective services, mental and
physical health care providers, schools, courts, the private sector, and federal,
state, and local government leaders - to improve prevention, intervention, and
accountability efforts. On June 22-24, 1999, the Justice Department and the
Department of Health and Human Services will co-host a National Summit on
Children Exposed to Violence in Washington, D.C.
While this effort is a new initiative, the Department has had substantial
involvement with child abuse victims since the passage of the Victims of Crime
Act of 1984 (VOCA). In that Act, Congress created a unique funding mechanism
2
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 6/24
in
Change
law
- the Crime Victims Fund (the Fund) -- to support services to crime victims. The
Fund is derived from fines and penalties paid by convicted federal offenders -- not
from tax dollars. Since its inception, the Fund has generated more than $2 billion
to support thousands of crime victim programs throughout the United States; this
includes programs and services for child victims of crime.
In the 15 years since VOCA was enacted, OVC has observed wide
fluctuations in Fund deposits. In 1995 and 1996, approximately $763 million
from federal criminal offenders was collected to serve crime victims -- the largest
two-year total in the history of the Fund. In the next two-year period, 1997 and
1998, Fund deposits totaled approximately $687 million, which represents a $76
million decline in deposits. In previous years (1992 and 1993) the Fund suffered a
similar decrease of more than $75 million in deposits.
There is very little predictability in Fund deposits. Any effort to increase a
specific allocation from the Fund such as an increase in the set-aside for victims of
child abuse could potentially have grave effects on other VOCA authorized
grave apputs
program areas, particularly on state entitlement grants for crime victim
compensation and crime victim assistance services. While funding authorized
under Children's Justice Act is dedicated to a great extent to system changes and
enhancements, state child abuse task forces, and evaluation and assessment,
3
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 7/24
money for VOCA victim compensation and victim assistance programs is used
solely to provide direct victim services such as counseling and therapy, criminal
justice advocacy, information and referral, and crisis intervention. Thus,
increasing the CJA earmark as currently proposed is at the expense of state VOCA
grants for direct services for crime victims, including child victims.
In 1986 when Senator Paula Hawkins introduced the Children's Justice and
Assistance Act amendment to VOCA, it was at a time when the country had just
witnessed the shortcomings of the McMartin Preschool case. As the nation
watched the turmoil suffered by the children thrust into the criminal justice system
and the frustration of justice and social service professionals, we recognized that
there was a dire need to provide resources to improve the investigation and
prosecution of child abuse cases. The Children's Justice and Assistance Act
provided a modicum of resources to develop training, programs, and protocols in
this area.
Since 1986, when CJA was enacted, a wide range of research, training, and
model programs have been established to improve the justice system's response to
cases of child abuse, neglect, and exploitation from a variety of funding sources in
addition to CJA. For instance, at the New Haven Department of Police Services
and the Child Study Center at the Yale University School of Medicine, a
4
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 8/24
collaborative program to address the psychological impact of family and
community violence on children and families, brings together police officers and
mental health professionals to provide each with training and consultation, and to
provide direct interdisciplinary intervention for children who are victims,
witnesses, or perpetrators of violent crime. This program has been replicated in a
number of cities and is the basis for the OJP Safe Start program begun this year.
Safe Start is a $10 million initiative to support replication of this effort in about 12
communities. OVC is joining with the Violence Against Women Office and the
Office of Juvenile Justice and Delinquency Prevention (OJJDP) to fund and
monitor the program.
Another well-known example has been the establishment of Children's
Advocacy Centers in more than 350 communities across the nation. These centers
allow law enforcement officers, child protection workers, prosecutors, victim
advocates, and therapists to conduct coordinated interviews of children in a "child
friendly" setting rather than multiple interviews in intimidating environments.
According to the Department of Health and Human Services' Update of
State Activities Conducted Under the Children's Justice Act, proposed annual
funding for Children's Advocacy Centers represents roughly 23 percent or
$254,610 of the funds set aside for investigation efforts under CJA. Funding
5
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 9/24
through OJP's Office of Juvenile Justice and Delinquency Prevention (OJJDP) and
through state VOCA victim assistance funding from OVC are also provided to
communities seeking to establish or strengthen Children's Advocacy Centers.
This is just one example where there are at least three distinct funding streams --
CJA, VOCA, and OJJDP - funneling money to the same initiative, and from two
separate agencies.
Each year the Dallas Police Department Investigations Unit sponsors its
annual Crimes Against Children Training Conference, where hundreds of law
enforcement personnel and multi-disciplinary teams from across the United States
attend a five-day comprehensive training course intended to improve the
investigation and prosecution of child abuse and neglect cases.
Further, the American Professional Society on the Abuse of Children
(APSAC) offers a variety of training and professional education courses to
professionals who work with abused and neglected children. APSAC's national
colloquium provides training for professionals on a range of topics relating to
child abuse and neglect. APSAC's Advanced Training Institutes offer instruction
in six-hour blocks on topics such as developing courtroom skills for expert
testimony in child maltreatment cases, advanced medical evaluation of physical or
sexual abuse, coordinated multidisciplinary approaches, and interdisciplinary
6
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
child
P. 10/24
chouse
Pryce
Script
training relating to child fatalities. APSAC also conducts 40-hour Child Forensic
Interviewing Clinics that give participants the opportunity to interact with
clinicians, researchers, and trainers in the field of forensic child interviewing.
The American Prosecutor Research Institute (APRI), along with the
National Center for the Prosecution of Child Abuse, provides extensive training.
resources, support, and advice to prosecutors, police, social workers, and others
involved in the prosecution of child abuse cases. With funding from OJJDP,
APRI also offers an advanced dual track training course for prosecutors in the
areas of child exploitation and parental kidnaping.
Finally, the Fox Valley Technical College in Wisconsin provides training
and technical assistance to law enforcement, prosecutors, child protective service
workers and family service professionals who work with missing and exploited
children. These programs are designed to increase skills and abilities, enhance
service coordination and delivery, and improve the investigation and handling of
missing and exploited children cases. All of these programs have been initiated
from a variety of governmental and private funding sources. Each year, various
components within the Department of Justice sponsor and support training for
professionals who interact with child abuse victims. These funds for child abuse
7
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 11/24
initiatives are provided by the Office of Juvenile Justice and Delinquency
Prevention, the Violence Against Women Grants Office, the Bureau of Justice
Assistance, and the Office for Victims of Crime.
While training for professionals who respond to child victims is an on-going
need, increasing funding solely to continue efforts to improve the investigation
and prosecution of child abuse will not address another important need for child
victims -- which is funding to support much-needed services for other very
vulnerable child victim populations, particularly for children who witness
violence, child victims of parental kidnaping, and child victims of exploitation.
As previously mentioned, the Crime Victims Fund is used to support state
compensation programs that provide financial assistance to crime victims for out-
of-pocket expenses incurred as a direct result of crime such as medical and mental
health counseling, lost wages, and funeral expenses, and to support community-
based victim services programs such as rape crisis centers, domestic violence
programs, and services for child physical and sexual abuse victims. Based on the
latest data (FY98), state victim assistance programs spent $44 million and state
crime victim compensation programs spent $32 million on child abuse. This
means that under VOCA, states spent about $76 million on child abuse. Between
8
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 12/24
1994 and 1996, in the VOCA victim assistance program funding for child abuse
increased 80.5% (percent). These funds are used for direct services. If an
additional $10 million is set aside from the Crime Victims Fund for Children's
Justice Act programs, states will have $10 million less for these programs and
programs serving other crime victims.
OVC proposes two recommendations that we believe will broaden the
we nat
impact of the Children's Justice and Assistance Act. First, OVC recommends
that any increase in funding under CJA be proportionately reallocated to support
&
fix the rang 66->
improved investigative and prosecutorial efforts and to fund child victim and
witness treatment programs. If this recommendation were adopted, OVC would
come out
remove the required 10 percent allocation to the priority categories - domestic
violence, sexual assault, and child abuse - in the VOCA victim assistance grant
program guidelines. This would provide maximum flexibility to states to
determine funding allocations for these areas. The current percentage allocations
were necessary in the early years after VOCA was enacted to assure a base level of
funding for these victim populations. However, OVC has found in funding child
abuse programs, many states have viewed the established percentage requirement
as a "cap" on funding rather than a "floor" for minimal funding to support child
abuse programs.
9
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 13/24
Presently, CJA funding is limited to programs to enhance treatment of
victims in "child abuse and neglect cases, particularly cases of child sexual abuse
and exploitation." [ 42 U.S.C. § 5106c (a)(1)] The law defines the term "child
abuse and neglect" to mean "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, or an act or failure to act which presents an
imminent risk of serious harm...." [42 U.S.C. § 5106g(2)]
This definition leaves out a vast number of children who are victimized by
crime and need programs and attention not now available. Victims of abuse by
non-custodial family members, friends, or strangers are not covered by the present
definition. In addition, children who witness crime are not included. In this
country, children witness violent crime on a daily basis, including homicide, rape,
assault, and domestic violence. Although child witnesses may not suffer physical
injury, the emotional consequences of viewing or being within earshot of such acts
of violence are severe and long lasting. Child witnesses to violence often
experience many of the same symptoms and lasting effects as children who are
victims themselves, including post-traumatic stress disorder (PTSD).
The definition contained in the CJA is outdated and limits the money from
being spent in a way that will encompass all child victims and witnesses to
10
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 14/24
violence, not just a select few. We have learned a lot since CJA was originally
passed more than a decade ago, and these lessons should be incorporated in any
changes made lest you tie the hands of those in the field who seek to use the
money for the most effective programs. The focus of CJA funding on matters
pertaining to intrafamilial child abuse victims fails to take into consideration three
other important child victim populations -- victims of parental kidnaping, child
victims of sexual abuse/exploitation by non-family persons, and children who
witness violence.
Second, the mannor in which funding is currently distributed to support
services and system change for handling child abuse cases does not lend itself to
establishing a comprehensive response to child abuse. Each year, OVC transfers
$8.5 million to the Department of Health and Human Services, in accordance with
current provisions of CJA, to administer the state grant program. OVC retains
$1.5 million to fund child abuse initiatives in Indian Country. Since CJA was
established, OVC has provided nearly $9 million in direct funding to 38 tribal
programs in states with federally recognized tribes. I have attached to my
testimony an OVC fact sheet on this subject. These funds are in addition to the
millions of dollars each year that OVC administers through the state formula grant
programs and its national scope training and technical assistance efforts which
11
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 15/24
both support child abuse victims.
When states must seek funding from multiple agencies with distinct goals
and objectives and different funding requirements to support a target population,
the result is often a piecemeal approach to the overall problem. OVC believes
that, in the best interest of improving implementation and administrative oversight
of Children's Justice Act funding and programs, CJA funding should be
administered by the Department of Justice.
OVC currently administers funding for direct services to crime victims
under the VOCA victim assistance grant program and for national scope training
and technical assistance for justice system and allied professionals under VOCA's
discretionary program authority. If this recommendation is adopted, designated
state agencies applying for VOCA victim assistance dollars could receive funding
under CJA from one agency and begin to develop comprehensive responses to
child victims and witnesses. Likewise, OVC would be better positioned to couple
its demonstration and discretionary funding authority to support training, technical
assistance, and the development of model programs using both CJA and VOCA
funding from the Crime Victims Fund.
Further, if the focus of CJA funding remains directed toward improving the
investigation and prosecution of child abuse cases, the Department of Justice is in
12
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 16/24
the bost position to provide guidance and technical assistance to grantees on
policies, protocols, and training in the investigation and prosecution of child
abuse.
Mr. Chairman, that concludes my formal remarks. I would be pleased to
continue to work with this Subcommittee as you consider legislation to address the
important issue of child victims. I would be pleased to answer any questions you
or other members of the Subcommittee may have. Thank you.
13
MAY-11-1999 09:36 TO:N RABNER
FROM:JONES, R.E.
P. . 17/24
STATEMENT
OF
PATRICK J. COLEMAN
DEPUTY DIRECTOR OF POLICY AND MANAGEMENT
BUREAU OF JUSTICE ASSISTANCE
OFFICE OF JUSTICE PROGRAMS
BEFORE THE
SUBCOMMITTEE ON CRIME
COMMITTEE ON THE JUDICIARY
US. HOUSE OF REPRESENTATIVES
ON
MAY 12, 1999
WASHINGTON, D.C.
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 18/24
Mr. Chairman and Members of the Subcommittee: My name is Patrick
Coleman and I am the Deputy Director of Policy and Management for the Bureau
of Justice Assistance in the Office of Justice Programs at the U.S. Department of
Justice. Created by the Justice Assistance Act of 1984, the Bureau of Justice
Assistance is mandated to support innovative programs to strengthen the nation's
criminal justice system by helping state and local governments enhance their
systems of prevention, apprehension, prosecution, adjudication, detention, and
treatment of criminal offenders. BJA supports such initiatives through the
administration of formula and discretionary grants to state and local jurisdictions
as well as through training and technical assistance initiatives. I am pleased to be
here today to discuss the availability of BJA funding, in particular that of the
Byrne Formula Grant Fund, for use in enforcing child abuse and neglect laws and
programs designed to prevent child abuse and neglect.
The prevention and intervention of child abuse and neglect is a matter of
great importance to the Burcau of Justice Assistance (BJA). It is the responsibility
of our federal, state, and local justice systems to work together to ensure that
communities have the capacity to identify populations that are potentially
vulnerable to abuse, to implement measures that wherever possible can contribute
to the prevention of such abuse, and in the disheartening, but all too frequent
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 19/24
situations where it is required, to support the community's capacity to intervene in
an abusive situation. Further it is essential that the capacity exists to intervene in a
way that does not re-victimize the victims, while at the same time provides swift.
sure, and just resolution to the case.
BJA has long supported, through funding, training, and technical assistance
a wide variety of initiatives that seek to build community capacity to prevent and
intervene in child abuse. Further, BJA continues to support efforts by law
cnforcement, juvenile justice, and corrections authorities, as well as other criminal
justice and community-based organizations, to prevent and intervene in child
abuse.
For example, BJA's Closed Circuit Televising (CCTV) of Children Who
Are Victims of Abuse Grant Program allows eligible states and local units of
government to obtain equipment and personnel training for closed-circuit
televising and videotaping of the testimony of children in criminal child abuse
proceedings. For FY 1999, $1 million has been allocated for this program. The
goals of this program are to demonstrate the effective and practical use of
television and videotaping technology, to facilitate testimony of child witnesses
for use in criminal proceedings; identify prototype programs; encourage the
replication of effective programs using television and videotaping technologies in
2
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 20/24
other jurisdictions; develop and provide training and technical assistance to
facilitate the success and replication of programs; and assess the effectiveness of
funded programs. The American Bar Association's Center on Children and the
Law conducted an evaluation of the CCTV program, which demonstrated that
states were successfully able to use BJA funds to implement the use of closed-
circuit television and videotape equipment and/or provide training.
Under the CCTV program, BJA also funds the Virginia Department of
Criminal Justice Services to provide training and technical assistance to grantees
about child testimony techniques and related technologies, as well as to organize a
national conference on the use of closed-circuit and videotaped testimony.
Another example of BJA's work in this area falls under the Local Law
Enforcement Block Grants (LLEBG) Program. Under this program, states and
units of local government are able to use funds for child abuse and neglect
prevention programs. South Carolina, Virginia, and Washington are all using part
of their LLEBG State and Local Training and Education Assistance Program
funds, a total of $171,000 combined, to provide basic and advanced training in
child abuse investigation and prosecution. These are A. few examples of how BJA
has supported communities in building capacity to address child abuse.
The Edward Byrne Memorial State and Local Law Enforcement Assistance
3
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FROM: JONES, R.E.
P. 21/24
Program currently provides 26 broad legislatively created purpose areas that can
be used at the discretion of state administrative agencies to fund crime and
violence prevention and control programs. Currently under consideration is the
possibility of creating a 27th purpose area to make it possible for states to use
Byrne formula funds for "enforcing child abuse and neglect laws and programs
designed to prevent child abuse and neglect." I think it important to consider at
this point that there are already a number of purpose areas that can be and - in fact
-- are used to fund child abuse prevention and intervention programs.
For instance, purpose Area 18 states that Byrne funds may be used for
"programs to improve criminal and juvenile justice system's response to domestic
and family violence, including spouse abuse, child abuse, and elder abuse." Under
the Byrne Formula Program, several states are using their funding for child abuse-
related programs. A prime example is South Carolina, which funded three
agencies to find ways to improve law enforcement's response to child abuse and
neglect. South Carolina's program goals included increased investigators' skills in
child abuse investigation, increased coordination among agencies responsible for
child welfare, increased successful prosecution and penalties, decreased child
abuse homicides, and increased knowledge of law enforcement officers and other
professionals who come into contact with children as well as the general public in
4
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 22/24
recognizing signs of child abuse and reporting requirements. During FY 1997,
over 1,200 individuals were investigated for allegations of abuse (this number
includes elder abuse) and many of the victims were taken out of violent situations
and placed in protective custody. All funded investigators attended at least two
courses to increase their skills; courses included Obscenity and Child
Pornography, Investigative and Prosecutorial Issues, and Court Practices for
Children.
In total, states used approximately $790,000 of Byrne formula monies in FY
1996, $675,000 in FY 1997, and $153,000 in FY 1998 to fund child abuse and
neglect-related programs under Purpose Area 18. During these fiscal years, 23
programs were funded that specifically focused on prosecution of child abuse
offenders, child abuse investigations, and child abuse/sexual assault task forces.
States are also using other Byrne Formula Grant Purpose Areas to fund
child abuse and neglect prevention and intervention programs: one prosecution
program was funded under Purpose Area 16: "Innovative approaches to
enforcement, prosecution, and adjudication of drug offenses and other serious
crimes." One other program that established a child abuse/sexual assault task force
was funded under Purpose Area 2: "Multijurisdictional task force programs to
integrate federal, state, and local drug law enforcement agencies and prosecutors
5
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R.E.
P. 23/24
for the purpose of enhancing inter-agency coordination and intelligence and
facilitating multijurisdictional investigations."
Other purpose areas which can be used to fund child abuse programs
include:
4. Community and neighborhood programs to assist citizens in
preventing and controlling crime, including special programs that
address crimes committed against the elderly and special programs in
rural jurisdictions.
10. Programs to improve the operational effectiveness of courts by
expanding prosecutorial, defender and judicial resources and
implementing court delay reduction programs. And
11. Programs to improve the corrections system and provide
additional public correctional resources, including treatment in
prisons and jails, intensive supervision programs, and long-range
corrections and sentencing strategies.
While the addition of another purpose area would aid in raising the profile
of this important issue, child abuse and neglect issues are funded under current
6
MAY-11-1999 09:36 TO:N RABNER
FROM: JONES, R. E.
P. 24/24
Byrne purpose areas, as well as through other grant programs administered by
BJA. Further, we have found other ways of raising the profile of important issues
that may not be explicitly stated in purpose areas, but are clearly eligible for
funding. Some of our outreach activities in the past include a letter to state
administrative agency directors from the Attorney General about the potential use
of Byrne funds to meet state and local adjudicatory system needs. Another
mechanism we have used to promote criminal justice programs, is our National
Policy Briefing series, which we have used to highlight promising practices in
various criminal justice topics such as adjudication and violence prevention.
In conclusion, while there may be a benefit to adding a purpose area
specifically for child abuse and neglect programs, the funding mechanisms to
support such programs are already thoroughly provided for under current Byrne
purpose areas. Furthermore, state administrators of Byrne Formula Grant funds
have successfully used Byrne funds in the past for child abuse and neglect
programs.
Mr. Chairman, that concludes my prepared remarks and I would be pleased
to answer any questions you or other members of the Subcommittee may have.
Thank you.
7
TOTAL P.24
4-06-1.999 3 29PM
FROM
P. 1
Fax Transmission
3 pages (including this cover)
Thomas L. Birch
733 15th Street, N.W., Suite 938
Washington, D.C. 20005
Telephone: 202-347-3666
FAX: 202-628-0302
E-Mail: [email protected]
To:
Nicole Rabner
From:
Tom Birch, Legislative Counsel, National Child Abuse Coalition
Date:
April 6, 1999
As promised, here is a draft article on child abuse prevention for your consideration
should the First Lady wish to address this topic in her newspaper column. I have tried to
weave together the research and information we use in our advocacy with some of
the themes covered in past Presidential proclamations for Child Abuse Prevention
Month.
Please let me know if I can be of help with providing more information.
Thanks again for your interest in our prevention initiatives. We had a very
encouraging meeting last week with the Assistant Secretary for Elementary and
Secondary Education, Judith Johnson, to discuss the possibility of including some
attention to prevention of child maltreatment in ESEA as a strategy for
addressing school readiness.
Tan
Tow
4-06-1999 29PM
FROM
P.2
April is Child Abuse Prevention Month
All too often we hear disturbing and shocking news reports about a child who has been
severely abused or abandoned or miserably neglected. While these may seem isolated
incidents, recent reports from state child welfare agencies confirm that one million cases of
substantiated child abuse or neglect occur in this country every year. Of the most serious
cases - the ones that make the news - more than 1,000 children die each year. These are the
youngest victims, particularly those under 5 years old, who are most severely battered, usually
at the hands of a parent or other family member. In fact, deaths from abuse and neglect of
the youngest children, which are often regarded as rare and tragic curiosities, outnumber
deaths from falls, choking on food, suffocation, drowning, residential fires, and motor vehicle
accidents.
Whether as parents, as family members or as citizens, everyone is responsible for preventing
child abuse. We must do whatever we can to nurture our children and to create a safe and
healthy atmosphere in which they can grow into sound, productive adults.
On the first day of April, Child Abuse Prevention Month, HHS Secretary Donna E. Shalala
described the reports of child abuse and neglect as "an unacceptable human tragedy we
must do more to prevent." Indeed, the horrors of physical or emotional trauma deny these
children their childhood. and abused and neglect children often carry with them throughout
their lives the psychological - and physical -- scars of their maltreatment.
The consequences of not working to prevent harm to children are enormous. By addressing
the prevention of child abuse we can go a long way -- because of what we know about the
effects of child abuse - toward preventing physically and mentally disabling conditions in
children, toward reducing juvenile delinquency and the numbers of teenagers who run away,
toward ending adolescent drug and alcohol addiction. and keeping young people from the
trap of prostitution and pornography. Finally, prevention means working to break the
generational cycle of child abuse, because children who are abused can learn at home that
violence is an acceptable way to handle their problems and can grow up to be parents who
abuse their own children.
Consider these possibilities.
Child abuse prevention fights crime, because the victims of child abuse are more likely to
engage in criminality later in life. Over two-thirds of youths arrested have a prior history of
abuse and neglect.
Preventing child maltreatment helps to prevent failure in school, because abused and
neglected children often suffer poor prospects for success in school
Preventing child abuse can help to prevent disabling conditions in children, because the
serious physical abuse of children can result in brain damage, mental retardation, cerebral
palsy, and learning disorders.
4-06-1999 3 30PM
FROM
P.3
Fortunately, we have begun to learn ways to succeed in preventing child abuse and neglect.
Communities around the country are already working in small ways to support families with
services that help to relieve the stress and pressures of raising children in a complex and often
isolating society. There are programs for new parents offering support and information about
caring for a new baby and what to expect in a child's development.
Parenting education groups and family resource centers, home visitors and peer-parent
support groups can confront a symptom before it becomes a crisis, like teaching a parent
how to deal with a baby who won't stop crying, or a youngster who wets the bed, the very
kinds of situations which child protection agencies tell US can end in senseless and tragic
deaths. These innovative programs work to protect children from harm and to mitigate the
stresses on families that can ignite violence in the home. Program evaluations show
reductions in child maltreatment and other healthy outcomes for parents and families in
communities focusing on prevention.
The work of preventing harm to children begins in our neighborhoods and hometowns. We all
have a role to play, joining hands with our community organizations, businesses, religious
groups, schools, law enforcement, other parents and family members - everyone who has a
stake in the future of our families. We all benefit when families are strong and children are
healthy.