US (United States) Code. Title 42. Chapter 132. Victims of child abuse

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 132 - VICTIMS OF CHILD ABUSE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

-HEAD-

CHAPTER 132 - VICTIMS OF CHILD ABUSE

-MISC1-

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

Sec.

13001. Findings.

13001a. Definitions.

13001b. Regional children's advocacy centers.

(a) Establishment of regional children's advocacy

program.

(b) Activities of regional children's advocacy

program.

(c) Operation of regional children's advocacy

program.

(d) Review.

(e) Children's advocacy advisory board.

(f) Reporting.

13002. Local children's advocacy centers.

(a) In general.

(b) Grant criteria.

(c) Distribution of grants.

(d) Consultation with regional children's advocacy

centers.

13003. Grants for specialized technical assistance and

training programs.

(a) In general.

(b) Grantee organizations.

(c) Grant criteria.

13004. Authorization of appropriations.

(a) Sections 13001b and 13002.

(b) Section 13003.

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

13011. Findings.

13012. Purpose.

13013. Strengthening of court-appointed special advocate

program.

(a) In general.

(b) Grantee organizations.

(c) Grant criteria.

13014. Authorization of appropriations.

(a) Authorization.

(b) Limitation.

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

13021. Findings and purpose.

(a) Findings.

(b) Purpose.

13022. Grants for juvenile and family court personnel.

13023. Specialized technical assistance and training

programs.

(a) Grants to develop model programs.

(b) Grants to juvenile and family courts.

(c) Grant criteria.

13024. Authorization of appropriations.

(a) Authorization.

(b) Use of funds.

(c) Limitation.

SUBCHAPTER IV - REPORTING REQUIREMENTS

13031. Child abuse reporting.

(a) In general.

(b) Covered professionals.

(c) Definitions.

(d) Agency designated to receive report and action

to be taken.

(e) Reporting form.

(f) Immunity for good faith reporting and

associated actions.

(g) Omitted.

(h) Training of prospective reporters.

13032. Reporting of child pornography by electronic

communication service providers.

(a) Definitions.

(b) Requirements.

(c) Civil liability.

(d) Limitation of information or material required

in report.

(e) Monitoring not required.

(f) Conditions of disclosure of information

contained within report.

SUBCHAPTER V - CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS

13041. Requirement for background checks.

(a) In general.

(b) Criminal history check.

(c) Applicable criminal histories.

(d) Employment applications.

(e) Encouragement of voluntary criminal history

checks for others who may have contact with

children.

SUBCHAPTER VI - TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF

CHILD ABUSE OR NEGLECT

13051 to 13055. Repealed.

-End-

-CITE-

42 USC SUBCHAPTER I - IMPROVING INVESTIGATION AND

PROSECUTION OF CHILD ABUSE CASES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 13023 of this title.

-End-

-CITE-

42 USC Sec. 13001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

Sec. 13001. Findings

-STATUTE-

The Congress finds that -

(1) over 2,000,000 reports of suspected child abuse and neglect

are made each year, and drug abuse is associated with a

significant portion of these;

(2) the investigation and prosecution of child abuse cases is

extremely complex, involving numerous agencies and dozens of

personnel;

(3) traditionally, community agencies and professionals have

different roles in the prevention, investigation, and

intervention process;

(4) in such cases, too often the system does not pay sufficient

attention to the needs and welfare of the child victim,

aggravating the trauma that the child victim has already

experienced;

(5) there is a national need to enhance coordination among

community agencies and professionals involved in the intervention

system;

(6) multidisciplinary child abuse investigation and prosecution

programs have been developed that increase the reporting of child

abuse cases, reduce the trauma to the child victim, and increase

the successful prosecution of child abuse offenders; and

(7) such programs have proven effective, and with targeted

Federal assistance, could be duplicated in many jurisdictions

throughout the country.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 211, Nov. 29, 1990, 104 Stat.

4792; Pub. L. 102-586, Sec. 6(a), Nov. 4, 1992, 106 Stat. 5029.)

-MISC1-

AMENDMENTS

1992 - Pars. (3) to (7). Pub. L. 102-586 added pars. (3) and (5)

and redesignated former pars. (3), (4), and (5) as (4), (6), and

(7), respectively.

SHORT TITLE

Section 201 of title II of Pub. L. 101-647 provided that: "This

title [enacting this chapter, sections 3796aa to 3796aa-8 of this

title, and sections 403, 2258, and 3509 of Title 18, Crimes and

Criminal Procedure, and amending sections 3742, 3782, 3783, 3789,

3793, and 3797 of this title] may be cited as the 'Victims of Child

Abuse Act of 1990'."

-End-

-CITE-

42 USC Sec. 13001a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

Sec. 13001a. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "Administrator" means the agency head designated

under section 5611(b) of this title;

(2) the term "applicant" means a child protective service, law

enforcement, legal, medical and mental health agency or other

agency that responds to child abuse cases;

(3) the term "board" means the Children's Advocacy Advisory

Board established under section 13001b(e) of this title;

(4) the term "census region" means 1 of the 4 census regions

(northeast, south, midwest, and west) that are designated as

census regions by the Bureau of the Census as of November 4,

1992;

(5) the term "child abuse" means physical or sexual abuse or

neglect of a child;

(6) the term "Director" means the Director of the National

Center on Child Abuse and Neglect;

(7) the term "multidisciplinary response to child abuse" means

a response to child abuse that is based on mutually agreed upon

procedures among the community agencies and professionals

involved in the intervention, prevention, prosecution, and

investigation systems that best meets the needs of child victims

and their nonoffending family members;

(8) the term "nonoffending family member" means a member of the

family of a victim of child abuse other than a member who has

been convicted or accused of committing an act of child abuse;

and

(9) the term "regional children's advocacy program" means the

children's advocacy program established under section 13001b(a)

of this title.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 212, as added Pub. L. 102-586,

Sec. 6(b)(2), Nov. 4, 1992, 106 Stat. 5029.)

-MISC1-

PRIOR PROVISIONS

A prior section 212 of Pub. L. 101-647 was renumbered section 214

and is classified to section 13002 of this title.

-End-

-CITE-

42 USC Sec. 13001b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

Sec. 13001b. Regional children's advocacy centers

-STATUTE-

(a) Establishment of regional children's advocacy program

The Administrator, in coordination with the Director and with the

Director of the Office of Victims of Crime, shall establish a

children's advocacy program to -

(1) focus attention on child victims by assisting communities

in developing child-focused, community-oriented, facility-based

programs designed to improve the resources available to children

and families;

(2) provide support for nonoffending family members;

(3) enhance coordination among community agencies and

professionals involved in the intervention, prevention,

prosecution, and investigation systems that respond to child

abuse cases; and

(4) train physicians and other health care and mental health

care professionals in the multidisciplinary approach to child

abuse so that trained medical personnel will be available to

provide medical support to community agencies and professionals

involved in the intervention, prevention, prosecution, and

investigation systems that respond to child abuse cases.

(b) Activities of regional children's advocacy program

(1) Administrator

The Administrator, in coordination with the Director, shall -

(A) establish regional children's advocacy program centers;

(B) fund existing regional centers with expertise in the

prevention, judicial handling, and treatment of child abuse and

neglect; and

(C) fund the establishment of freestanding facilities in

multidisciplinary programs within communities that have yet to

establish such facilities,

for the purpose of enabling grant recipients to provide

information, services, and technical assistance to aid

communities in establishing multidisciplinary programs that

respond to child abuse.

(2) Grant recipients

A grant recipient under this section shall -

(A) assist communities -

(i) in developing a comprehensive, multidisciplinary

response to child abuse that is designed to meet the needs of

child victims and their families;

(ii) in establishing a freestanding facility where

interviews of and services for abused children can be

provided;

(iii) in preventing or reducing trauma to children caused

by multiple contacts with community professionals;

(iv) in providing families with needed services and

assisting them in regaining maximum functioning;

(v) in maintaining open communication and case coordination

among community professionals and agencies involved in child

protection efforts;

(vi) in coordinating and tracking investigative,

preventive, prosecutorial, and treatment efforts;

(vii) in obtaining information useful for criminal and

civil proceedings;

(viii) in holding offenders accountable through improved

prosecution of child abuse cases;

(ix) in enhancing professional skills necessary to

effectively respond to cases of child abuse through training;

and

(x) in enhancing community understanding of child abuse;

and

(B) provide training and technical assistance to local

children's advocacy centers in its census region that are grant

recipients under section 13002 of this title.

(c) Operation of regional children's advocacy program

(1) Solicitation of proposals

Not later than 1 year after November 4, 1992, the Administrator

shall solicit proposals for assistance under this section.

(2) Minimum qualifications

In order for a proposal to be selected, the Administrator may

require an applicant to have in existence, at the time the

proposal is submitted, 1 or more of the following:

(A) A proven record in conducting activities of the kinds

described in subsection (c) of this section.

(B) A facility where children who are victims of sexual or

physical abuse and their nonoffending family members can go for

the purpose of evaluation, intervention, evidence gathering,

and counseling.

(C) Multidisciplinary staff experienced in providing remedial

counseling to children and families.

(D) Experience in serving as a center for training and

education and as a resource facility.

(E) National expertise in providing technical assistance to

communities with respect to the judicial handling of child

abuse and neglect.

(3) Proposal requirements

(A) In general

A proposal submitted in response to the solicitation under

paragraph (1) shall -

(i) include a single or multiyear management plan that

outlines how the applicant will provide information,

services, and technical assistance to communities so that

communities can establish multidisciplinary programs that

respond to child abuse;

(ii) demonstrate the ability of the applicant to operate

successfully a multidisciplinary child abuse program or

provide training to allow others to do so; and

(iii) state the annual cost of the proposal and a breakdown

of those costs.

(B) Content of management plan

A management plan described in paragraph (3)(A) shall -

(i) outline the basic activities expected to be performed;

(ii) describe the entities that will conduct the basic

activities;

(iii) establish the period of time over which the basic

activities will take place; and

(iv) define the overall program management and direction by

-

(I) identifying managerial, organizational, and

administrative procedures and responsibilities;

(II) demonstrating how implementation and monitoring of

the progress of the children's advocacy program after

receipt of funding will be achieved; and

(III) providing sufficient rationale to support the costs

of the plan.

(4) Selection of proposals

(A) Competitive basis

Proposals shall be selected under this section on a

competitive basis.

(B) Criteria

The Administrator, in coordination with the Director, shall

select proposals for funding that -

(i) best result in developing and establishing

multidisciplinary programs that respond to child abuse by

assisting, training, and teaching community agencies and

professionals called upon to respond to child abuse cases;

(ii) assist in resolving problems that may occur during the

development, operation, and implementation of a

multidisciplinary program that responds to child abuse; and

(iii) carry out the objectives developed by the Board (!1)

under subsection (e)(2)(A) of this section;

(C) (!2) to the greatest extent possible and subject to

available appropriations, ensure that at least 1 applicant is

selected from each of the 4 census regions of the country; and

(D) (!2) otherwise best carry out the purposes of this

section.

(5) Funding of program

From amounts made available in separate appropriation Acts, the

Administrator shall provide to each grant recipient the financial

and technical assistance and other incentives that are necessary

and appropriate to carry out this section.

(6) Coordination of effort

In order to carry out activities that are in the best interests

of abused and neglected children, a grant recipient shall consult

with other grant recipients on a regular basis to exchange ideas,

share information, and review children's advocacy program

activities.

(d) Review

(1) Evaluation of regional children's advocacy program activities

The Administrator, in coordination with the Director, shall

regularly monitor and evaluate the activities of grant recipients

and shall determine whether each grant recipient has complied

with the original proposal and any modifications.

(2) Annual report

A grant recipient shall provide an annual report to the

Administrator and the Director that -

(A) describes the progress made in satisfying the purpose of

the children's advocacy program; and

(B) states whether changes are needed and are being made to

carry out the purpose of the children's advocacy program.

(3) Discontinuation of funding

(A) Failure to implement program activities

If a grant recipient under this section substantially fails

in the implementation of the program activities, the

Administrator shall not discontinue funding until reasonable

notice and an opportunity for reconsideration is given.

(B) Solicitation of new proposals

Upon discontinuation of funding of a grant recipient under

this section, the Administrator shall solicit new proposals in

accordance with subsection (c) of this section.

(e) Children's advocacy advisory board

(1) Establishment of board

(A) In general

Not later than 120 days after November 4, 1992, the

Administrator and the Director, after consulting with

representatives of community agencies that respond to child

abuse cases, shall establish a children's advocacy advisory

board to provide guidance and oversight in implementing the

selection criteria and operation of the regional children's

advocacy program.

(B) Membership

(i) The board -

(I) shall be composed of 12 members who are selected by the

Administrator, in coordination with the Director, a majority

of whom shall be individuals experienced in the child abuse

investigation, prosecution, prevention, and intervention

systems;

(II) shall include at least 1 member from each of the 4

census regions; and

(III) shall have members appointed for a term not to exceed

3 years.

(ii) Members of the Board (!3) may be reappointed for

successive terms.

(2) Review and recommendations

(A) Objectives

Not later than 180 days after November 4, 1992, and annually

thereafter, the Board (!3) shall develop and submit to the

Administrator and the Director objectives for the

implementation of the children's advocacy program activities

described in subsection (b) of this section.

(B) Review

The board shall annually -

(i) review the solicitation and selection of children's

advocacy program proposals and make recommendations

concerning how each such activity can be altered so as to

better achieve the purposes of this section; and

(ii) review the program activities and management plan of

each grant recipient and report its findings and

recommendations to the Administrator and the Director.

(3) Rules and regulations

The Board (!3) shall promulgate such rules and regulations as

it deems necessary to carry out its duties under this section.

(f) Reporting

The Attorney General and the Secretary of Health and Human

Services shall submit to Congress, by March 1 of each year, a

detailed review of the progress of the regional children's advocacy

program activities.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 213, as added Pub. L. 102-586,

Sec. 6(b)(2), Nov. 4, 1992, 106 Stat. 5030.)

-MISC1-

PRIOR PROVISIONS

A prior section 213 of Pub. L. 101-647 was renumbered section

214A and is classified to section 13003 of this title.

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided by law.

See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13001a, 13002, 13004 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original. Subpars. (C) and (D) probably should be

cls. (iv) and (v), respectively, of subpar. (B).

(!3) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC Sec. 13002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

Sec. 13002. Local children's advocacy centers

-STATUTE-

(a) In general

The Administrator, in coordination with the Director and with the

Director of the Office of Victims of Crime, shall make grants to

develop and implement multidisciplinary child abuse investigation

and prosecution programs.

(b) Grant criteria

(1) The Director shall establish the criteria to be used in

evaluating applications for grants under this section consistent

with sections 5673 and 5676 of this title.

(2) In general, the grant criteria established pursuant to

paragraph (1) may require that a program include any of the

following elements:

(A) A written agreement between local law enforcement, social

service, health, and other related agencies to coordinate child

abuse investigation, prosecution, treatment, and counseling

services.

(B) An appropriate site for referring, interviewing, treating,

and counseling child victims of sexual and serious physical abuse

and neglect and nonoffending family members (referred to as the

"counseling center").

(C) Referral of all sexual and serious physical abuse and

neglect cases to the counseling center not later than 24 hours

after notification of an incident of abuse.

(D) Joint initial investigative interviews of child victims by

personnel from law enforcement, health, and social service

agencies.

(E) A requirement that, to the extent practicable, the same

agency representative who conducts an initial interview conduct

all subsequent interviews.

(F) A requirement that, to the extent practicable, all

interviews and meetings with a child victim occur at the

counseling center.

(G) Coordination of each step of the investigation process to

minimize the number of interviews that a child victim must

attend.

(H) Designation of a director for the multidisciplinary

program.

(I) Assignment of a volunteer or staff advocate to each child

in order to assist the child and, when appropriate, the child's

family, throughout each step of judicial proceedings.

(J) Such other criteria as the Director shall establish by

regulation.

(c) Distribution of grants

In awarding grants under this section, the Director shall ensure

that grants are distributed to both large and small States and to

rural, suburban, and urban jurisdictions.

(d) Consultation with regional children's advocacy centers

A grant recipient under this section shall consult from time to

time with regional children's advocacy centers in its census region

that are grant recipients under section 13001b of this title.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 214, formerly Sec. 212, Nov. 29,

1990, 104 Stat. 4793; renumbered Sec. 214 and amended Pub. L.

102-586, Sec. 6(b)(1), (c), Nov. 4, 1992, 106 Stat. 5029, 5034;

Pub. L. 107-273, div. C, title II, Sec. 12221(b)(1)(A), Nov. 2,

2002, 116 Stat. 1894.)

-MISC1-

PRIOR PROVISIONS

A prior section 214 of Pub. L. 101-647 was renumbered section

214B and is classified to section 13004 of this title.

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-273 substituted "sections 5673

and 5676 of this title" for "sections 5665a, 5673, and 5676 of this

title".

1992 - Pub. L. 102-586, Sec. 6(c)(1), substituted "Local

children's advocacy centers" for "Authority of Director to make

grants" in section catchline.

Subsec. (a). Pub. L. 102-586, Sec. 6(c)(2), substituted "The

Administrator, in coordination with the Director and with the

Director of the Office of Victims of Crime," for "The Director of

the Office of Victims of Crime (hereinafter in this subchapter

referred to as the 'Director'), in consultation with officials of

the Department of Health and Human Services,".

Subsec. (b)(2)(B). Pub. L. 102-586, Sec. 6(c)(3), inserted "and

nonoffending family members" after "neglect".

Subsec. (d). Pub. L. 102-586, Sec. 6(c)(4), added subsec. (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13001b, 13004 of this

title.

-End-

-CITE-

42 USC Sec. 13003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

Sec. 13003. Grants for specialized technical assistance and

training programs

-STATUTE-

(a) In general

The Administrator shall make grants to national organizations to

provide technical assistance and training to attorneys and others

instrumental to the criminal prosecution of child abuse cases in

State or Federal courts, for the purpose of improving the quality

of criminal prosecution of such cases.

(b) Grantee organizations

An organization to which a grant is made pursuant to subsection

(a) of this section shall be one that has, or is affiliated with

one that has, broad membership among attorneys who prosecute

criminal cases in State courts and has demonstrated experience in

providing training and technical assistance for prosecutors.

(c) Grant criteria

(1) The Administrator shall establish the criteria to be used for

evaluating applications for grants under this section, consistent

with sections 5673 and 5676 of this title.

(2) The grant criteria established pursuant to paragraph (1)

shall require that a program provide training and technical

assistance that includes information regarding improved child

interview techniques, thorough investigative methods, interagency

coordination and effective presentation of evidence in court,

including the use of alternative courtroom procedures described in

this title.(!1)

-SOURCE-

(Pub. L. 101-647, title II, Sec. 214A, formerly Sec. 213, Nov. 29,

1990, 104 Stat. 4793; renumbered Sec. 214A and amended Pub. L.

102-586, Sec. 6(b)(1), (d), Nov. 4, 1992, 106 Stat. 5029, 5034;

Pub. L. 107-273, div. C, title II, Sec. 12221(b)(1)(B), Nov. 2,

2002, 116 Stat. 1894.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (c)(2), means title II of Pub.

L. 101-647, known as the Victims of Child Abuse Act of 1990, which

is classified principally to this chapter. For complete

classification of title II to the Code, see Short Title note set

out under section 13001 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-273 substituted "sections 5673

and 5676 of this title" for "sections 5665a, 5673, and 5676 of this

title".

1992 - Subsecs. (a), (c)(1). Pub. L. 102-586, Sec. 6(d),

substituted "Administrator" for "Director".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13004 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 13004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER I - IMPROVING INVESTIGATION AND PROSECUTION OF CHILD

ABUSE CASES

-HEAD-

Sec. 13004. Authorization of appropriations

-STATUTE-

(a) Sections 13001b and 13002

There are authorized to be appropriated to carry out sections

13001b and 13002 of this title -

(1) $15,000,000 for fiscal year 1993; and

(2) such sums as are necessary for fiscal years 1994, 1995,

1996, and each of the fiscal years 1997 through 2000.

(b) Section 13003

There are authorized to be appropriated to carry out section

13003 of this title -

(1) $5,000,000 for fiscal year 1993; and

(2) such sums as are necessary for fiscal years 1994, 1995,

1996, and each of the fiscal years 1997 through 2000.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 214B, formerly Sec. 214, Nov. 29,

1990, 104 Stat. 4794; renumbered Sec. 214B and amended Pub. L.

102-586, Sec. 6(b)(1), (e), Nov. 4, 1992, 106 Stat. 5029, 5034;

Pub. L. 104-235, title II, Sec. 232, Oct. 3, 1996, 110 Stat. 3092.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (a)(2), (b)(2). Pub. L. 104-235 substituted

"1996, and each of the fiscal years 1997 through 2000" for "and

1996".

1992 - Pub. L. 102-586, Sec. 6(e), amended section generally.

Prior to amendment, section authorized appropriations to carry out

this subchapter of $20,000,000 in fiscal year 1991 and such sums as

may be necessary in fiscal years 1992 and 1993 and provided that

not less than 90 percent was to be used for grants under section

13002 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

-HEAD-

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

-End-

-CITE-

42 USC Sec. 13011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

-HEAD-

Sec. 13011. Findings

-STATUTE-

The Congress finds that -

(1) the National Court-Appointed Special Advocate provides

training and technical assistance to a network of 13,000

volunteers in 377 programs operating in 47 States; and

(2) in 1988, these volunteers represented 40,000 children,

representing approximately 15 percent of the estimated 270,000

cases of child abuse and neglect in juvenile and family courts.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 215, Nov. 29, 1990, 104 Stat.

4794.)

-End-

-CITE-

42 USC Sec. 13012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

-HEAD-

Sec. 13012. Purpose

-STATUTE-

The purpose of this subchapter is to ensure that by January 1,

1995, a court-appointed special advocate shall be available to

every victim of child abuse or neglect in the United States that

needs such an advocate.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 216, Nov. 29, 1990, 104 Stat.

4794; Pub. L. 103-322, title IV, Sec. 40156(a)(2), Sept. 13, 1994,

108 Stat. 1923.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-322 made technical amendment to reference to

this subchapter to correct reference to corresponding provision of

original act.

-End-

-CITE-

42 USC Sec. 13013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

-HEAD-

Sec. 13013. Strengthening of court-appointed special advocate

program

-STATUTE-

(a) In general

The Administrator of the Office of Juvenile Justice and

Delinquency Prevention shall make grants to expand the

court-appointed special advocate program.

(b) Grantee organizations

(1) An organization to which a grant is made pursuant to

subsection (a) of this section shall be a national organization

that has broad membership among court-appointed special advocates

and has demonstrated experience in grant administration of

court-appointed special advocate programs and in providing training

and technical assistance to court-appointed special advocate

program; or (2) may be a local public or not-for-profit agency that

has demonstrated the willingness to initiate or expand a

court-appointed special advocate program.

(2) An organization described in paragraph (1)(a) that receives a

grant may be authorized to make subgrants and enter into contracts

with public and not-for-profit agencies to initiate and to expand

the court-appointed special advocate program. Should a grant be

made to a national organization for this purpose, the Administrator

shall specify an amount not exceeding 5 percent that can be used

for administrative purposes by the national organization.

(c) Grant criteria

(1) The Administrator shall establish criteria to be used in

evaluating applications for grants under this section, consistent

with sections 5673 and 5676 of this title.

(2) In general, the grant criteria established pursuant to

paragraph (1) shall require that a court-appointed special advocate

program provide screening, training, and supervision of

court-appointed special advocates in accordance with standards

developed by the National Court-Appointed Special Advocate

Association. Such criteria may include the requirements that -

(A) a court-appointed special advocate association program have

a mission and purpose in keeping with the mission and purpose of

the National Court-Appointed Special Advocate Association and

that it abide by the National Court-Appointed Special Advocate

Association Code of Ethics;

(B) a court-appointed special advocate association program

operate with access to legal counsel;

(C) the management and operation of a court-appointed special

advocate program assure adequate supervision of court-appointed

special advocate volunteers;

(D) a court-appointed special advocate program keep written

records on the operation of the program in general and on each

applicant, volunteer, and case;

(E) a court-appointed special advocate program have written

management and personnel policies and procedures, screening

requirements, and training curriculum;

(F) a court-appointed special advocate program not accept

volunteers who have been convicted of, have charges pending for,

or have in the past been charged with, a felony or misdemeanor

involving a sex offense, violent act, child abuse or neglect, or

related acts that would pose risks to children or to the

court-appointed special advocate program's credibility;

(G) a court-appointed special advocate program have an

established procedure to allow the immediate reporting to a court

or appropriate agency of a situation in which a court-appointed

special advocate volunteer has reason to believe that a child is

in imminent danger;

(H) a court-appointed special advocate volunteer be an

individual who has been screened and trained by a recognized

court-appointed special advocate program and appointed by the

court to advocate for children who come into the court system

primarily as a result of abuse or neglect; and

(I) a court-appointed special advocate volunteer serve the

function of reviewing records, facilitating prompt, thorough

review of cases, and interviewing appropriate parties in order to

make recommendations on what would be in the best interests of

the child.

(3) In awarding grants under this section, the Administrator

shall ensure that grants are distributed to localities that have no

existing court-appointed special advocate program and to programs

in need of expansion.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 217, Nov. 29, 1990, 104 Stat.

4794; Pub. L. 107-273, div. C, title II, Sec. 12221(b)(1)(C), Nov.

2, 2002, 116 Stat. 1894.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-273 substituted "sections 5673

and 5676 of this title" for "sections 5665a, 5673, and 5676 of this

title".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

-End-

-CITE-

42 USC Sec. 13014 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER II - COURT-APPOINTED SPECIAL ADVOCATE PROGRAM

-HEAD-

Sec. 13014. Authorization of appropriations

-STATUTE-

(a) Authorization

There is authorized to be appropriated to carry out this

subchapter $12,000,000 for each of fiscal years 2001 through 2005.

(b) Limitation

No funds are authorized to be appropriated for a fiscal year to

carry out this subchapter unless the aggregate amount appropriated

to carry out title II of the Juvenile Justice and Delinquency

Prevention Act of 1974 (42 U.S.C. 5611 et seq.) for such fiscal

year is not less than the aggregate amount appropriated to carry

out such title for the preceding fiscal year.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 218, Nov. 29, 1990, 104 Stat.

4796; Pub. L. 103-322, title IV, Sec. 40156(a)(1), Sept. 13, 1994,

108 Stat. 1922; Pub. L. 106-386, div. B, title III, Sec. 1302(a),

Oct. 28, 2000, 114 Stat. 1511.)

-REFTEXT-

REFERENCES IN TEXT

The Juvenile Justice and Delinquency Prevention Act of 1974,

referred to in subsec. (b), is Pub. L. 93-415, Sept. 7, 1974, 88

Stat. 1109, as amended. Title II of the Act is classified

principally to subchapter II (Sec. 5611 et seq.) of chapter 72 of

this title. For complete classification of this Act to the Code,

see Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386 added subsec. (a) and struck

out heading and text of former subsec. (a). Text read as follows:

"There are authorized to be appropriated to carry out this

subchapter -

"(1) $6,000,000 for fiscal year 1996;

"(2) $6,000,000 for fiscal year 1997;

"(3) $7,000,000 for fiscal year 1998;

"(4) $9,000,000 for fiscal year 1999; and

"(5) $10,000,000 for fiscal year 2000."

1994 - Subsec. (a). Pub. L. 103-322 amended heading and text of

subsec. (a) generally. Prior to amendment, text read as follows:

"There are authorized to be appropriated to carry out this chapter

-

"(1) $5,000,000 in fiscal year 1991; and

"(2) such sums as may be necessary to carry out this subchapter

in each of fiscal years 1992, 1993, and 1994."

-End-

-CITE-

42 USC SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR

JUDICIAL PERSONNEL AND PRACTITIONERS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

-HEAD-

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

-End-

-CITE-

42 USC Sec. 13021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

-HEAD-

Sec. 13021. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) a large number of juvenile and family courts are inundated

with increasing numbers of cases due to increased reports of

abuse and neglect, increasing drug-related maltreatment, and

insufficient court resources;

(2) the amendments made to the Social Security Act [42 U.S.C.

301 et seq.] by the Adoption Assistance and Child Welfare Act of

1980 make substantial demands on the courts handling abuse and

neglect cases, but provide no assistance to the courts to meet

those demands;

(3) the Adoption (!1) and Child Welfare Act of 1980 requires

courts to -

(A) determine whether the agency made reasonable efforts to

prevent foster care placement;

(B) approve voluntary nonjudicial placement; and

(C) provide procedural safeguards for parents when their

parent-child relationship is affected;

(4) social welfare agencies press the courts to meet such

requirements, yet scarce resources often dictate that courts

comply pro forma without undertaking the meaningful judicial

inquiry contemplated by Congress in the Adoption (!1) and Child

Welfare Act of 1980;

(5) compliance with the Adoption (!1) and Child Welfare Act of

1980 and overall improvements in the judicial response to abuse

and neglect cases can best come about through action by top level

court administrators and judges with administrative functions who

understand the unique aspects of decisions required in child

abuse and neglect cases; and

(6) the Adoption (!1) and Child Welfare Act of 1980 provides

financial incentives to train welfare agency staff to meet the

requirements, but provides no resources to train judges.

(b) Purpose

The purpose of this subchapter is to provide expanded technical

assistance and training to judicial personnel and attorneys,

particularly personnel and practitioners in juvenile and family

courts, to improve the judicial system's handling of child abuse

and neglect cases with specific emphasis on the role of the courts

in addressing reasonable efforts that can safely avoid unnecessary

and unnecessarily prolonged foster care placement.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 221, Nov. 29, 1990, 104 Stat.

4796; Pub. L. 103-322, title IV, Sec. 40156(b)(2), Sept. 13, 1994,

108 Stat. 1923.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(2), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) of this title.

For complete classification of this Act to the Code, see section

1305 of this title and Tables.

The Adoption Assistance and Child Welfare Act of 1980, referred

to in subsec. (a), is Pub. L. 96-272, June 17, 1980, 94 Stat. 500,

as amended. For complete classification of this Act to the Code,

see Short Title of 1980 Amendments note set out under section 1305

of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-322 made technical amendment to

reference to this subchapter to correct reference to corresponding

provision of original act.

-FOOTNOTE-

(!1) So in original. Probably should be "Adoption Assistance".

-End-

-CITE-

42 USC Sec. 13022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

-HEAD-

Sec. 13022. Grants for juvenile and family court personnel

-STATUTE-

In order to improve the judicial system's handling of child abuse

and neglect cases, the Administrator of the Office of Juvenile

Justice and Delinquency Prevention shall make grants for the

purpose of providing -

(1) technical assistance and training to judicial personnel and

attorneys, particularly personnel and practitioners in juvenile

and family courts; and

(2) administrative reform in juvenile and family courts.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 222, Nov. 29, 1990, 104 Stat.

4797.)

-End-

-CITE-

42 USC Sec. 13023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

-HEAD-

Sec. 13023. Specialized technical assistance and training programs

-STATUTE-

(a) Grants to develop model programs

(1) The Administrator shall make grants to national organizations

to develop 1 or more model technical assistance and training

programs to improve the judicial system's handling of child abuse

and neglect cases.

(2) An organization to which a grant is made pursuant to

paragraph (1) shall be one that has broad membership among juvenile

and family court judges and has demonstrated experience in

providing training and technical assistance for judges, attorneys,

child welfare personnel, and lay child advocates.

(b) Grants to juvenile and family courts

(1) In order to improve the judicial system's handling of child

abuse and neglect cases, the Administrator shall make grants to

State courts or judicial administrators for programs that provide

or contract for, the implementation of -

(A) training and technical assistance to judicial personnel and

attorneys in juvenile and family courts; and

(B) administrative reform in juvenile and family courts.

(2) The criteria established for the making of grants pursuant to

paragraph (1) shall give priority to programs that improve -

(A) procedures for determining whether child service agencies

have made reasonable efforts to prevent placement of children in

foster care;

(B) procedures for determining whether child service agencies

have, after placement of children in foster care, made reasonable

efforts to reunite the family; and

(C) procedures for coordinating information and services among

health professionals, social workers, law enforcement

professionals, prosecutors, defense attorneys, and juvenile and

family court personnel, consistent with subchapter I of this

chapter.

(c) Grant criteria

The Administrator shall make grants under subsections (a) and (b)

of this section consistent with sections 5666, 5673, and 5676 of

this title.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 223, Nov. 29, 1990, 104 Stat.

4797; Pub. L. 107-273, div. C, title II, Sec. 12221(b)(1)(D), Nov.

2, 2002, 116 Stat. 1894.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-273 substituted "sections 5666,

5673, and 5676 of this title" for "section 5665a, 5673, and 5676 of

this title".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 effective Nov. 2, 2002, and

applicable only with respect to fiscal years beginning after Sept.

30, 2002, see section 12223 of Pub. L. 107-273, set out as a note

under section 5601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13024 of this title.

-End-

-CITE-

42 USC Sec. 13024 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER III - CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

PERSONNEL AND PRACTITIONERS

-HEAD-

Sec. 13024. Authorization of appropriations

-STATUTE-

(a) Authorization

There is authorized to be appropriated to carry out this

subchapter $2,300,000 for each of fiscal years 2001 through 2005.

(b) Use of funds

Of the amounts appropriated in subsection (a) of this section,

not less than 80 percent shall be used for grants under section

13023(b) of this title.

(c) Limitation

No funds are authorized to be appropriated for a fiscal year to

carry out this subchapter unless the aggregate amount appropriated

to carry out title II of the Juvenile Justice and Delinquency

Prevention Act of 1974 (42 U.S.C. 5611 et seq.) for such fiscal

year is not less than the aggregate amount appropriated to carry

out such title for the preceding fiscal year.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 224, Nov. 29, 1990, 104 Stat.

4798; Pub. L. 103-322, title IV, Sec. 40156(b)(1), Sept. 13, 1994,

108 Stat. 1923; Pub. L. 106-386, div. B, title III, Sec. 1302(b),

Oct. 28, 2000, 114 Stat. 1511.)

-REFTEXT-

REFERENCES IN TEXT

The Juvenile Justice and Delinquency Prevention Act of 1974,

referred to in subsec. (c), is Pub. L. 93-415, Sept. 7, 1974, 88

Stat. 1109, as amended. Title II of the Act is classified

principally to subchapter II (Sec. 5611 et seq.) of chapter 72 of

this title. For complete classification of this Act to the Code,

see Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386 added subsec. (a) and struck

out heading and text of former subsec. (a). Text read as follows:

"There are authorized to be appropriated to carry out this

subchapter -

"(1) $750,000 for fiscal year 1996;

"(2) $1,000,000 for fiscal year 1997;

"(3) $2,000,000 for fiscal year 1998;

"(4) $2,000,000 for fiscal year 1999; and

"(5) $2,300,000 for fiscal year 2000."

1994 - Subsec. (a). Pub. L. 103-322 amended heading and text of

subsec. (a) generally. Prior to amendment, text read as follows:

"There are authorized to be appropriated to carry out this chapter

-

"(1) $10,000,000 in fiscal year 1991; and

"(2) such sums as may be necessary to carry out this chapter in

each of fiscal years 1992, 1993, and 1994."

-End-

-CITE-

42 USC SUBCHAPTER IV - REPORTING REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER IV - REPORTING REQUIREMENTS

-HEAD-

SUBCHAPTER IV - REPORTING REQUIREMENTS

-End-

-CITE-

42 USC Sec. 13031 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER IV - REPORTING REQUIREMENTS

-HEAD-

Sec. 13031. Child abuse reporting

-STATUTE-

(a) In general

A person who, while engaged in a professional capacity or

activity described in subsection (b) of this section on Federal

land or in a federally operated (or contracted) facility, learns of

facts that give reason to suspect that a child has suffered an

incident of child abuse, shall as soon as possible make a report of

the suspected abuse to the agency designated under subsection (d)

of this section.

(b) Covered professionals

Persons engaged in the following professions and activities are

subject to the requirements of subsection (a) of this section:

(1) Physicians, dentists, medical residents or interns,

hospital personnel and administrators, nurses, health care

practitioners, chiropractors, osteopaths, pharmacists,

optometrists, podiatrists, emergency medical technicians,

ambulance drivers, undertakers, coroners, medical examiners,

alcohol or drug treatment personnel, and persons performing a

healing role or practicing the healing arts.

(2) Psychologists, psychiatrists, and mental health

professionals.

(3) Social workers, licensed or unlicensed marriage, family,

and individual counselors.

(4) Teachers, teacher's aides or assistants, school counselors

and guidance personnel, school officials, and school

administrators.

(5) Child care workers and administrators.

(6) Law enforcement personnel, probation officers, criminal

prosecutors, and juvenile rehabilitation or detention facility

employees.

(7) Foster parents.

(8) Commercial film and photo processors.

(c) Definitions

For the purposes of this section -

(1) the term "child abuse" means the physical or mental injury,

sexual abuse or exploitation, or negligent treatment of a child;

(2) the term "physical injury" includes but is not limited to

lacerations, fractured bones, burns, internal injuries, severe

bruising or serious bodily harm;

(3) the term "mental injury" means harm to a child's

psychological or intellectual functioning which may be exhibited

by severe anxiety, depression, withdrawal or outward aggressive

behavior, or a combination of those behaviors, which may be

demonstrated by a change in behavior, emotional response or

cognition;

(4) the term "sexual abuse" includes the employment, use,

persuasion, inducement, enticement, or coercion of a child to

engage in, or assist another person to engage in, sexually

explicit conduct or the rape, molestation, prostitution, or other

form of sexual exploitation of children, or incest with children;

(5) the term "sexually explicit conduct" means actual or

simulated -

(A) sexual intercourse, including sexual contact in the

manner of genital-genital, oral-genital, anal-genital, or

oral-anal contact, whether between persons of the same or of

opposite sex; sexual contact means the intentional touching,

either directly or through clothing, of the genitalia, anus,

groin, breast, inner thigh, or buttocks of any person with an

intent to abuse, humiliate, harass, degrade, or arouse or

gratify sexual desire of any person;

(B) bestiality;

(C) masturbation;

(D) lascivious exhibition of the genitals or pubic area of a

person or animal; or

(E) sadistic or masochistic abuse;

(6) the term "exploitation" means child pornography or child

prostitution;

(7) the term "negligent treatment" means the failure to

provide, for reasons other than poverty, adequate food, clothing,

shelter, or medical care so as to seriously endanger the physical

health of the child; and

(8) the term "child abuse" shall not include discipline

administered by a parent or legal guardian to his or her child

provided it is reasonable in manner and moderate in degree and

otherwise does not constitute cruelty.

(d) Agency designated to receive report and action to be taken

For all Federal lands and all federally operated (or contracted)

facilities in which children are cared for or reside, the Attorney

General shall designate an agency to receive and investigate the

reports described in subsection (a) of this section. By formal

written agreement, the designated agency may be a non-Federal

agency. When such reports are received by social services or health

care agencies, and involve allegations of sexual abuse, serious

physical injury, or life-threatening neglect of a child, there

shall be an immediate referral of the report to a law enforcement

agency with authority to take emergency action to protect the

child. All reports received shall be promptly investigated, and

whenever appropriate, investigations shall be conducted jointly by

social services and law enforcement personnel, with a view toward

avoiding unnecessary multiple interviews with the child.

(e) Reporting form

In every federally operated (or contracted) facility, and on all

Federal lands, a standard written reporting form, with

instructions, shall be disseminated to all mandated reporter

groups. Use of the form shall be encouraged, but its use shall not

take the place of the immediate making of oral reports,

telephonically or otherwise, when circumstances dictate.

(f) Immunity for good faith reporting and associated actions

All persons who, acting in good faith, make a report by

subsection (a) of this section, or otherwise provide information or

assistance in connection with a report, investigation, or legal

intervention pursuant to a report, shall be immune from civil and

criminal liability arising out of such actions. There shall be a

presumption that any such persons acted in good faith. If a person

is sued because of the person's performance of one of the above

functions, and the defendant prevails in the litigation, the court

may order that the plaintiff pay the defendant's legal expenses.

Immunity shall not be accorded to persons acting in bad faith.

(g) Omitted

(h) Training of prospective reporters

All individuals in the occupations listed in subsection (b)(1) of

this section who work on Federal lands, or are employed in

federally operated (or contracted) facilities, shall receive

periodic training in the obligation to report, as well as in the

identification of abused and neglected children.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 226, Nov. 29, 1990, 104 Stat.

4806.)

-COD-

CODIFICATION

Section is comprised of section 226 of Pub. L. 101-647. Subsec.

(g) of section 226 of Pub. L. 101-647 enacted section 2258 of Title

18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 2258.

-End-

-CITE-

42 USC Sec. 13032 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER IV - REPORTING REQUIREMENTS

-HEAD-

Sec. 13032. Reporting of child pornography by electronic

communication service providers

-STATUTE-

(a) Definitions

In this section -

(1) the term "electronic communication service" has the meaning

given the term in section 2510 of title 18; and

(2) the term "remote computing service" has the meaning given

the term in section 2711 of title 18.

(b) Requirements

(1) Duty to report

Whoever, while engaged in providing an electronic communication

service or a remote computing service to the public, through a

facility or means of interstate or foreign commerce, obtains

knowledge of facts or circumstances from which a violation of

section 2251, 2251A, 2252, 2252A, or 2260 of title 18, involving

child pornography (as defined in section 2256 of that title), is

apparent, shall, as soon as reasonably possible, make a report of

such facts or circumstances to the Cyber Tip Line at the National

Center for Missing and Exploited Children, which shall forward

that report to a law enforcement agency or agencies designated by

the Attorney General.

(2) Designation of agencies

Not later than 180 days after October 30, 1998, the Attorney

General shall designate the law enforcement agency or agencies to

which a report shall be forwarded under paragraph (1).

(3) Failure to report

A provider of electronic communication services or remote

computing services described in paragraph (1) who knowingly and

willfully fails to make a report under that paragraph shall be

fined -

(A) in the case of an initial failure to make a report, not

more than $50,000; and

(B) in the case of any second or subsequent failure to make a

report, not more than $100,000.

(c) Civil liability

No provider or user of an electronic communication service or a

remote computing service to the public shall be held liable on

account of any action taken in good faith to comply with this

section.

(d) Limitation of information or material required in report

A report under subsection (b)(1) of this section may include

additional information or material developed by an electronic

communication service or remote computing service, except that the

Federal Government may not require the production of such

information or material in that report.

(e) Monitoring not required

Nothing in this section may be construed to require a provider of

electronic communication services or remote computing services to

engage in the monitoring of any user, subscriber, or customer of

that provider, or the content of any communication of any such

person.

(f) Conditions of disclosure of information contained within report

(1) In general

No law enforcement agency that receives a report under

subsection (b)(1) of this section shall disclose any information

contained in that report, except that disclosure of such

information may be made -

(A) to an attorney for the government for use in the

performance of the official duties of the attorney;

(B) to such officers and employees of the law enforcement

agency, as may be necessary in the performance of their

investigative and recordkeeping functions;

(C) to such other government personnel (including personnel

of a State or subdivision of a State) as are determined to be

necessary by an attorney for the government to assist the

attorney in the performance of the official duties of the

attorney in enforcing Federal criminal law; or

(D) as permitted by a court at the request of an attorney for

the government, upon a showing that such information may

disclose a violation of State criminal law, to an appropriate

official of a State or subdivision of a State for the purpose

of enforcing such State law.

(2) Definitions

In this subsection, the terms "attorney for the government" and

"State" have the meanings given those terms in Rule 54 of the

Federal Rules of Criminal Procedure.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 227, as added Pub. L. 105-314,

title VI, Sec. 604(a), Oct. 30, 1998, 112 Stat. 2983; amended Pub.

L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 121], Nov. 29,

1999, 113 Stat. 1535, 1501A-23.)

-REFTEXT-

REFERENCES IN TEXT

Rule 54 of the Federal Rules of Criminal Procedure, referred to

in subsec. (f)(2), is set out in the Appendix to Title 18, Crimes

and Criminal Procedure.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1). Pub. L. 106-113, Sec. 1000(a)(1) [title I,

Sec. 121(a)], inserted "to the Cyber Tip Line at the National

Center for Missing and Exploited Children, which shall forward that

report" after "such facts or circumstances".

Subsec. (b)(2). Pub. L. 106-113, Sec. 1000(a)(1) [title I, Sec.

121(b)], substituted "forwarded" for "made".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 2702.

-End-

-CITE-

42 USC SUBCHAPTER V - CHILD CARE WORKER EMPLOYEE

BACKGROUND CHECKS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER V - CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS

-HEAD-

SUBCHAPTER V - CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS

-End-

-CITE-

42 USC Sec. 13041 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER V - CHILD CARE WORKER EMPLOYEE BACKGROUND CHECKS

-HEAD-

Sec. 13041. Requirement for background checks

-STATUTE-

(a) In general

(1) Each agency of the Federal Government, and every facility

operated by the Federal Government (or operated under contract with

the Federal Government), that hires (or contracts for hire)

individuals involved with the provision to children under the age

of 18 of child care services shall assure that all existing and

newly-hired employees undergo a criminal history background check.

All existing staff shall receive such checks not later than May 29,

1991. Except as provided in subsection (b)(3) of this section, no

additional staff shall be hired without a check having been

completed.

(2) For the purposes of this section, the term "child care

services" means child protective services (including the

investigation of child abuse and neglect reports), social services,

health and mental health care, child (day) care, education (whether

or not directly involved in teaching), foster care, residential

care, recreational or rehabilitative programs, and detention,

correctional, or treatment services.

(b) Criminal history check

(1) A background check required by subsection (a) of this section

shall be -

(A) based on a set of the employee's fingerprints obtained by a

law enforcement officer and on other identifying information;

(B) conducted through the Identification Division of the

Federal Bureau of Investigation and through the State criminal

history repositories of all States that an employee or

prospective employee lists as current and former residences in an

employment application; and

(C) initiated through the personnel programs of the applicable

Federal agencies.

(2) The results of the background check shall be communicated to

the employing agency.

(3) An agency or facility described in subsection (a)(1) of this

section may hire a staff person provisionally prior to the

completion of a background check if, at all times prior to receipt

of the background check during which children are in the care of

the person, the person is within the sight and under the

supervision of a staff person with respect to whom a background

check has been completed.

(c) Applicable criminal histories

Any conviction for a sex crime, an offense involving a child

victim, or a drug felony, may be ground for denying employment or

for dismissal of an employee in any of the positions listed in

subsection (a)(2) of this section. In the case of an incident in

which an individual has been charged with one of those offenses,

when the charge has not yet been disposed of, an employer may

suspend an employee from having any contact with children while on

the job until the case is resolved. Conviction of a crime other

than a sex crime may be considered if it bears on an individual's

fitness to have responsibility for the safety and well-being of

children.

(d) Employment applications

(1) Employment applications for individuals who are seeking work

for an agency of the Federal Government, or for a facility or

program operated by (or through contract with) the Federal

Government, in any of the positions listed in subsection (a)(1) of

this section, shall contain a question asking whether the

individual has ever been arrested for or charged with a crime

involving a child, and if so requiring a description of the

disposition of the arrest or charge. An application shall state

that it is being signed under penalty of perjury, with the

applicable Federal punishment for perjury stated on the

application.

(2) A Federal agency seeking a criminal history record check

shall first obtain the signature of the employee or prospective

employee indicating that the employee or prospective employee has

been notified of the employer's obligation to require a record

check as a condition of employment and the employee's right to

obtain a copy of the criminal history report made available to the

employing Federal agency and the right to challenge the accuracy

and completeness of any information contained in the report.

(e) Encouragement of voluntary criminal history checks for others

who may have contact with children

Federal agencies and facilities are encouraged to submit

identifying information for criminal history checks on volunteers

working in any of the positions listed in subsection (a) of this

section and on adult household members in places where child care

or foster care services are being provided in a home.

-SOURCE-

(Pub. L. 101-647, title II, Sec. 231, Nov. 29, 1990, 104 Stat.

4808; Pub. L. 102-190, div. A, title X, Sec. 1094(a), Dec. 5, 1991,

105 Stat. 1488.)

-MISC1-

AMENDMENTS

1991 - Subsec. (a)(1). Pub. L. 102-190, Sec. 1094(a)(1),

substituted "May 29, 1991. Except as provided in subsection (b)(3)

of this section, no additional staff" for "6 months after November

29, 1990, and no additional staff".

Subsec. (b)(3). Pub. L. 102-190, Sec. 1094(a)(2), added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 40 section 590.

-End-

-CITE-

42 USC SUBCHAPTER VI - TREATMENT FOR JUVENILE OFFENDERS

WHO ARE VICTIMS OF CHILD ABUSE OR NEGLECT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER VI - TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF

CHILD ABUSE OR NEGLECT

-HEAD-

SUBCHAPTER VI - TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF

CHILD ABUSE OR NEGLECT

-End-

-CITE-

42 USC Secs. 13051 to 13055 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 132 - VICTIMS OF CHILD ABUSE

SUBCHAPTER VI - TREATMENT FOR JUVENILE OFFENDERS WHO ARE VICTIMS OF

CHILD ABUSE OR NEGLECT

-HEAD-

Secs. 13051 to 13055. Repealed. Pub. L. 102-586, Sec. 2(i)(2), Nov.

4, 1992, 106 Stat. 5015

-MISC1-

Section 13051, Pub. L. 101-647, title II, Sec. 251, Nov. 29,

1990, 104 Stat. 4814, authorized Administrator to make grants to

public and nonprofit private organizations to develop, establish,

and support projects for juvenile offenders who are victims of

child abuse or neglect.

Section 13052, Pub. L. 101-647, title II, Sec. 252, Nov. 29,

1990, 104 Stat. 4815, related to administrative requirements.

Section 13053, Pub. L. 101-647, title II, Sec. 253, Nov. 29,

1990, 104 Stat. 4815, provided that Administrator in making grants

give priority to applicants with experience and not disapprove an

application solely because applicant proposes treating or serving

juveniles whose offenses were not serious crimes.

Section 13054, Pub. L. 101-647, title II, Sec. 254, Nov. 29,

1990, 104 Stat. 4815, authorized appropriations to carry out this

subchapter.

Section 13055, Pub. L. 101-647, title II, Sec. 255, Nov. 29,

1990, 104 Stat. 4815, defined "Administrator" and "juvenile" for

purposes of this subchapter.

EFFECTIVE DATE OF REPEAL

Section 2(i)(2) of Pub. L. 102-586 provided that the repeal by

that section is effective Sept. 30, 1993.

-End-