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September 30, 2024

Stop Institutional Child Abuse Act Introduced in House and Senate

The ABA supports the passage of the Stop Institutional Child Abuse Act.

The ABA supports the passage of the Stop Institutional Child Abuse Act.

In response to numerous documented reports of physical, emotional, and sexual abuse within youth residential programs, the Stop Institutional Child Abuse Act (SICAA) was introduced in both the House of Representatives (H.R. 2955) and the Senate (S. 1351) in April of 2023. The measure, which enjoys broad bi-partisan support, represents a concerted effort to enhance the oversight and accountability of youth residential programs nationwide, colloquiolly known as the “troubled teen” industry.

In 2021, the U.S. Department of Health and Human Services Administration for Children and Families (ACF) reported that 19,929 foster youth were placed in institutional settings across the United States. Concurrently, in 2020, the Department of Justice Juvenile Residential Facility Census identified 25,014 youths placed in 1,323 residential facilities. Many of these youths enter these programs through the child welfare or juvenile justice system and are required to undergo treatment for emotional, behavioral or substance abuse issues. Others are admitted directly by parents hoping to secure treatment for their children.

Alarming reports of physical, emotional, and sexual abuse within some of these residential programs have come to the fore, exposing disturbing incidents that include broken bones, fight clubs, sexual abuse, forced isolation, and a failure to provide adequate medical care or evidence-based treatment. The Stop Institutional Child Abuse Act is set to revolutionize the landscape of youth residential programs by implementing crucial recommendations from the Government Accountability Office and Substance Abuse and Mental Health Services Administration (SAMHSA).

The legislation includes the establishment of the Federal Work Group on Youth Residential Programs, comprised of representatives from the Administration for Children and Families, the Administration for Community Living, SAMHSA, and other relevant federal agencies. The Work Group will develop recommendations for a national database that aggregates data from youth residential programs. It will also create and employ risk assessment tools and support the development and implementation of educational training resources for professionals in relevant fields.

Additionally, the legislation directs the National Academies of Sciences, Engineering, and Medicine to conduct a study on the use of restraints, seclusion, and other restrictive interventions in youth residential programs. This study will assess the effectiveness of these interventions, identify best practices for their use, and determine their impact on the mental health and well-being of youth.

The Stop Institutional Child Abuse Act has garnered widespread support from over 70 youth welfare experts, advocates, and organizations representing survivors of institutional abuse in youth residential programs. These organizations acknowledge the urgency of addressing the systemic issues within these programs and recognize the potential for the legislation to bring about positive change. Furthermore, the legislation acknowledges the disparities within the youth residential system, particularly in how it affects Black, Indigenous, and youth of color, the LGBTQ+ community, and people with disabilities. These disparities underscore the pressing need for more equitable and inclusive practices within these programs.

The introduction of the Stop Institutional Child Abuse Act represents a pivotal moment in the endeavor to reform youth residential programs and safeguard the rights and well-being of our nation's most vulnerable youth. The American Bar Association supports this bipartisan legislation and is advocating for its swift passage.

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