US (United States) Code. Title 42. Chapter 67: Child abuse prevention, treatment and adoption reform

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

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-CITE-

42 USC CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT

AND ADOPTION REFORM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

-HEAD-

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

-MISC1-

SUBCHAPTER I - GENERAL PROGRAM

Sec.

5101. Office on Child Abuse and Neglect.

(a) Establishment.

(b) Purpose.

5102. Advisory board on child abuse and neglect.

(a) Appointment.

(b) Solicitation of nominations.

(c) Composition.

(d) Vacancies.

(e) Election of officers.

(f) Duties.

5103. Repealed.

5104. National clearinghouse for information relating to

child abuse.

(a) Establishment.

(b) Functions.

(c) Coordination with available resources.

5105. Research and assistance activities.

(a) Research.

(b) Provision of technical assistance.

(c) Authority to make grants or enter into

contracts.

(d) Peer review for grants.

5106. Grants to public agencies and nonprofit private

organizations for demonstration programs and

projects.

(a) Demonstration programs and projects.

(b) Discretionary grants.

(c) Evaluation.

5106a. Grants to States for child abuse and neglect

prevention and treatment programs.

(a) Development and operation grants.

(b) Eligibility requirements.

(c) Citizen review panels.

(d) Annual State data reports.

(e) Annual report by Secretary.

5106a-1, 5106b. Repealed.

5106c. Grants to States for programs relating to

investigation and prosecution of child abuse and

neglect cases.

(a) Grants to States.

(b) Eligibility requirements.

(c) State task forces.

(d) State task force study.

(e) Adoption of State task force recommendations.

(f) Funds available.

5106d. Miscellaneous requirements relating to assistance.

(a) Construction of facilities.

(b) Geographical distribution.

(c) Limitation.

5106e. Coordination of child abuse and neglect programs.

5106f. Reports.

(a) Omitted.

(b) Effectiveness of State programs.

5106f-1. Report concerning voluntary reporting system.

5106g. Definitions.

5106h. Authorization of appropriations.

(a) In general.

(b) Availability of funds without fiscal year

limitation.

5106i. Rule of construction.

(a) In general.

(b) State requirement.

5107. Discretionary programs; authorization of

appropriations.

SUBCHAPTER II - ADOPTION OPPORTUNITIES

5111. Congressional findings and declaration of purpose.

(a) Findings.

(b) Purpose.

5112. Repealed.

5113. Information and service functions by appropriate

administrative arrangement.

(a) Establishment in Department of Health and Human

Services.

(b) Implementation authorities.

(c) Post legal adoption services.

(d) Placement of foster care children.

5114. Study and report of unlicensed or unregulated adoption

placements.

5115. Authorization of appropriations.

5115a. Repealed.

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

5116. Purpose and authority.

(a) Purpose.

(b) Authority.

5116a. Eligibility.

5116b. Amount of grant.

(a) Reservation.

(b) Remaining amounts.

(c) Allocation.

5116c. Existing grants.

(a) In general.

(b) Programs described.

5116d. Application.

5116e. Local program requirements.

(a) In general.

(b) Priority.

5116f. Performance measures.

5116g. National network for community-based family resource

programs.

5116h. Definitions.

5116i. Authorization of appropriations.

SUBCHAPTER IV - TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES

AND CRISIS NURSERIES

5117 to 5117d. Repealed.

SUBCHAPTER V - CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF

HOMELESS FAMILIES OR FAMILIES AT RISK OF HOMELESSNESS

5118 to 5118e. Repealed.

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

5119. Reporting child abuse crime information.

(a) In general.

(b) Provision of State child abuse crime records

through national criminal history background

check system.

(c) Liaison.

(d) Annual summary.

(e) Annual report.

(f) Study of child abuse offenders.

5119a. Background checks.

(a) In general.

(b) Guidelines.

(c) Regulations.

(d) Liability.

(e) Fees.

5119b. Funding for improvement of child abuse crime

information.

(a) Omitted.

(b) Additional funding grants for improvement of

child abuse crime information.

(c) Withholding State funds.

5119c. Definitions.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

SUBCHAPTER I - GENERAL PROGRAM

-COD-

CODIFICATION

This subchapter is comprised of title I of the Child Abuse

Prevention and Treatment Act, Pub. L. 93-247. Title II of that Act

is classified to subchapter III (Sec. 5116 et seq.) of this

chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5116d of this title.

-End-

-CITE-

42 USC Sec. 5101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5101. Office on Child Abuse and Neglect

-STATUTE-

(a) Establishment

The Secretary of Health and Human Services may establish an

office to be known as the Office on Child Abuse and Neglect.

(b) Purpose

The purpose of the Office established under subsection (a) of

this section shall be to execute and coordinate the functions and

activities of this subchapter and subchapter III of this chapter.

In the event that such functions and activities are performed by

another entity or entities within the Department of Health and

Human Services, the Secretary shall ensure that such functions and

activities are executed with the necessary expertise and in a fully

coordinated manner involving regular intradepartmental and

interdepartmental consultation with all agencies involved in child

abuse and neglect activities.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 101, formerly Sec. 2, Jan. 31, 1974,

88 Stat. 5; Pub. L. 93-644, Sec. 8(d)(1), Jan. 4, 1975, 88 Stat.

2310; Pub. L. 95-266, title I, Sec. 101, Apr. 24, 1978, 92 Stat.

205; Pub. L. 98-457, title I, Sec. 101, Oct. 9, 1984, 98 Stat.

1749; Pub. L. 99-401, title I, Sec. 103(a), Aug. 27, 1986, 100

Stat. 906; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102

Stat. 103; renumbered title I, Sec. 101, Pub. L. 101-126, Sec.

3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104-235, title

I, Sec. 101, Oct. 3, 1996, 110 Stat. 3064.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-235 amended section generally, substituting

provisions relating to Office on Child Abuse and Neglect for

provisions relating to National Center on Child Abuse and Neglect.

1988 - Pub. L. 100-294 amended section generally, substituting

provisions relating to establishment, appointment of Director, and

other staff and resources of National Center on Child Abuse and

Neglect for provisions relating to establishment, functions, grant

and contract authority, staff and resource availability, and use of

funds of National Center on Child Abuse and Neglect. See sections

5105 to 5106d of this title.

1986 - Subsec. (b)(2). Pub. L. 99-401, Sec. 103(a)(2), added par.

(2). Former par. (2) redesignated (3).

Subsec. (b)(3), (4). Pub. L. 99-401, Sec. 103(a)(1), redesignated

former pars. (2) and (3) as (3) and (4), respectively. Former par.

(4) redesignated (6).

Subsec. (b)(5). Pub. L. 99-401, Sec. 103(a)(3), added par. (5).

Former par. (5) redesignated (7).

Subsec. (b)(6). Pub. L. 99-401, Sec. 103(a)(1), redesignated

former par. (4) as (6). Former par. (6) redesignated (8).

Subsec. (b)(7). Pub. L. 99-401, Sec. 103(a)(1), (4), redesignated

former par. (5) as (7) and amended it generally, substituting

"conduct research on the causes, prevention, identification, and

treatment of child abuse and neglect, and on appropriate and

effective investigative, administrative, and judicial procedures in

cases of child abuse" for "conduct research into the causes of

child abuse and neglect, and into the prevention, identification,

and treatment thereof". Former par. (7) redesignated (9).

Subsec. (b)(8), (9). Pub. L. 99-401, Sec. 103(a)(1), redesignated

former pars. (6) and (7) as (8) and (9), respectively.

Subsec. (b)(10). Pub. L. 99-401, Sec. 103(a)(5), added par. (10).

1984 - Subsec. (a). Pub. L. 98-457, Sec. 101(a), substituted

"Health and Human Services" for "Health, Education, and Welfare".

Subsec. (b)(6). Pub. L. 98-457, Sec. 101(b), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "make a

complete and full study and investigation of the national incidence

of child abuse and neglect, including a determination of the extent

to which incidents of child abuse and neglect are increasing in

number or severity; and".

Subsec. (b)(7). Pub. L. 98-457, Sec. 101(b), amended par. (7)

generally. Prior to amendment, par. (7) read as follows: "in

consultation with Federal agencies serving on the Advisory Board on

Child Abuse and Neglect (established by section 5105 of this

title), prepare a comprehensive plan for seeking to bring about

maximum coordination of the goals, objectives, and activities of

all agencies and organizations which have responsibilities for

programs and activities related to child abuse and neglect, and

submit such plan to such Advisory Board not later than twelve

months after April 24, 1978."

Subsec. (c). Pub. L. 98-457, Sec. 101(c), substituted "The

functions of the Secretary under subsection (b) of this section may

be carried out" for "The Secretary may carry out his functions

under subsection (b) of this section".

Subsec. (e). Pub. L. 98-457, Sec. 101(d), added subsec. (e).

1978 - Subsec. (b). Pub. L. 95-266, Sec. 101(1), in pars. (1) and

(3) inserted requirement of dissemination of annual summary and

training materials, respectively, and added par. (7).

Subsec. (c). Pub. L. 95-266, Sec. 101(2), inserted provisions

relating to duration and review of grants under subsec. (b)(5) of

this section.

Subsec. (d). Pub. L. 95-266, Sec. 101(3), added subsec. (d).

1975 - Subsec. (c). Pub. L. 93-644 added subsec. (c).

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-251, title II, Sec. 221, Oct. 9, 1998, 112 Stat.

1885, provided that: "This subtitle [subtitle B (Secs. 221, 222) of

title II of Pub. L. 105-251, amending sections 5119a and 5119b of

this title] may be cited as the 'Volunteers for Children Act'."

SHORT TITLE OF 1996 AMENDMENT

Section 1(a) of Pub. L. 104-235 provided that: "This Act

[enacting sections 5106i and 5116 to 5116i of this title, amending

this section and sections 5102, 5104 to 5106, 5106a, 5106c to

5106f, 5106g to 5106i, 5111, 5113, 5115, 5777, 10402, 10403, 10409,

10603a, and 13004 of this title, repealing sections 5103, 5106b,

5117 to 5117d, 5118 to 5118e, 5778, and 11481 to 11489 of this

title, amending provisions set out as notes under this section and

section 670 of this title, and repealing provisions set out as

notes under section 5117 of this title] may be cited as the 'Child

Abuse Prevention and Treatment Act Amendments of 1996'."

SHORT TITLE OF 1994 AMENDMENT

For short title of subpart 1 of part E of title V of Pub. L.

103-381, which enacted section 5115a of this title, as the "Howard

M. Metzenbaum Multiethnic Placement Act of 1994", see section 551

of Pub. L. 103-382, set out as a note under section 1305 of this

title.

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-209, Sec. 1, Dec. 20, 1993, 107 Stat. 2490, provided

that: "This Act [enacting sections 5119 to 5119c of this title and

amending section 3759 of this title] may be cited as the 'National

Child Protection Act of 1993'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-295, Sec. 1(a), May 28, 1992, 106 Stat. 187, provided

that: "This Act [enacting sections 5106f-1, 10414, and 10415 of

this title, amending sections 5102, 5105, 5106, 5106a, 5106a-1,

5106c, 5106h, 5111, 5113, 5115, 5116, 5116b to 5116d, 5117c, 5117d,

5118e, 10401 to 10405, 10407 to 10410, 10412, and 10413 of this

title, repealing section 5112 of this title, and enacting

provisions set out as notes under this section and sections 5106a,

5106h, 5117, 10401, and 10402 of this title] may be cited as the

'Child Abuse, Domestic Violence, Adoption and Family Services Act

of 1992'."

SHORT TITLE OF 1989 AMENDMENT

Section 1 of Pub. L. 101-126 provided that: "This Act [amending

this section and sections 5102 to 5106h and 5116 to 5116g of this

title and enacting provisions set out as notes under section 5102

and 5116b of this title] may be cited as the 'Child Abuse

Prevention Challenge Grants Reauthorization Act of 1989'."

SHORT TITLE OF 1988 AMENDMENT

Section 1 of Pub. L. 100-294 provided that: "This Act [enacting

sections 5106a to 5106h and 10413 of this title, amending this

section and sections 5102 to 5106, 5113, 5115, 10402, 10409, and

10410 of this title, repealing section 10411 of this title, and

enacting provisions set out as notes under this section and section

5105 of this title] may be referred to as the 'Child Abuse

Prevention, Adoption, and Family Services Act of 1988'."

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-401 provided that: "This Act [enacting

subchapter IV of this chapter and section 10603a of this title,

amending this section and sections 290dd-3, 290ee-3, 5103, 5105,

10601, and 10603 of this title, and enacting provisions set out as

notes under this section and section 5117 of this title] may be

cited as the 'Children's Justice and Assistance Act of 1986'."

Section 101 of title I of Pub. L. 99-401 provided that: "This

title [enacting section 10603a of this title, amending this section

and sections 290dd-3, 290ee-3, 5103, 5105, 10601, and 10603 of this

title, and enacting provisions set out as notes under this section]

may be cited as the 'Children's Justice Act'."

For short title of title II of Pub. L. 99-401, which enacted

subchapter IV of this chapter, as the "Temporary Child Care for

Handicapped Children and Crisis Nurseries Act of 1986", see section

201 of Pub. L. 99-401, set out as a Short Title note under section

5117 of this title.

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-457 provided: "That this Act [enacting

chapter 110 of this title, amending this section and sections 5102

to 5106, 5111 to 5113, and 5115 of this title, and enacting

provisions set out as notes under this section and sections 5102,

5103, and 10401 of this title] may be cited as the 'Child Abuse

Amendments of 1984'."

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95-266 provided: "That this Act [enacting

subchapter II of this chapter and amending this section and

sections 5102 to 5105 of this title] may be cited as the 'Child

Abuse Prevention and Treatment and Adoption Reform Act of 1978'."

SHORT TITLE

Section 1(a), formerly Sec. 1, of Pub. L. 93-247, as renumbered

Sec. 1(a) and amended by Pub. L. 100-294, title I, Sec. 101, Apr.

25, 1988, 102 Stat. 102, provided that: "This Act [enacting this

subchapter and subchapters III and V of this chapter] may be cited

as the 'Child Abuse Prevention and Treatment Act'."

REGULATIONS

Section 401(a) of Pub. L. 100-294 provided that: "For any rule or

regulation needed to implement this Act [see Short Title of 1988

Amendment note above], the Secretary of Health and Human Services

shall -

"(1) publish proposed regulations for purposes of implementing

the amendments made by this Act before the expiration of the

90-day period beginning on the date of the enactment of this Act

[Apr. 25, 1988];

"(2) allow not less than 45 days for public comment on such

proposed regulations; and

"(3) publish final regulations for purposes of implementing the

amendments made by this Act before the end of the 195-day period

beginning on the date of the enactment of this Act."

CONSTRUCTION OF CHILD ABUSE AMENDMENTS OF 1984 WITH OTHER LAWS;

SEPARABILITY

Section 127 of Pub. L. 98-457 provided that:

"(a) No provision of this Act or any amendment made by this Act

[See Short Title of 1984 Amendment note above] is intended to

affect any right or protection under section 504 of the

Rehabilitation Act of 1973 [29 U.S.C. 794].

"(b) No provision of this Act or any amendment made by this Act

may be so construed as to authorize the Secretary or any other

governmental entity to establish standards prescribing specific

medical treatments for specific conditions, except to the extent

that such standards are authorized by other laws.

"(c) If the provisions of any part of this Act or any amendment

made by this Act or the application thereof to any person or

circumstances be held invalid, the provisions of the other parts

and their application to other persons or circumstances shall not

be affected thereby."

PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS

Section 106 of Pub. L. 100-294 established a National Commission

on Child and Youth Deaths to study and evaluate comprehensively

Federal, State, and local public and private resources which affect

child and youth deaths and to prepare and transmit to President and

appropriate committees of Congress a report within 12 months after

appointment of the Commission, and provided that the Commission

terminates 90 days after transmitting the report.

ACQUISITION OF STATISTICAL DATA

Section 105 of Pub. L. 99-401 provided that:

"(a) Data Acquisition for 1987 and 1988. - The Attorney General

shall acquire from criminal justice agencies statistical data, for

the calendar years 1987 and 1988, about the incidence of child

abuse, including child sexual abuse, and shall publish annually a

summary of such data.

"(b) Modification of Uniform Crime Reporting Program. - (1) As

soon as practicable, but in no case later than January 1, 1989, the

Attorney General shall modify the uniform crime reporting program

in the Federal Bureau of Investigation to include data on the age

of the victim of the offense and the relationship, if any, of the

victim to the offender, for types of offenses that may involve

child abuse, including child sexual abuse.

"(2) The modification, once made, shall remain in effect until

the later of -

"(A) 10 years after the date it is made; or

"(B) such ending date as may be set by the Attorney General."

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 93-247, as added by Pub. L. 102-295, title

I, Sec. 102(a), May 28, 1992, 106 Stat. 188, and amended by Pub. L.

104-235, title I, Sec. 100, Oct. 3, 1996, 110 Stat. 3064, provided

that: "Congress finds that -

"(1) each year, close to 1,000,000 American children are

victims of abuse and neglect;

"(2) many of these children and their families fail to receive

adequate protection or treatment;

"(3) the problem of child abuse and neglect requires a

comprehensive approach that -

"(A) integrates the work of social service, legal, health,

mental health, education, and substance abuse agencies and

organizations;

"(B) strengthens coordination among all levels of government,

and with private agencies, civic, religious, and professional

organizations, and individual volunteers;

"(C) emphasizes the need for abuse and neglect prevention,

assessment, investigation, and treatment at the neighborhood

level;

"(D) ensures properly trained and support staff with

specialized knowledge, to carry out their child protection

duties; and

"(E) is sensitive to ethnic and cultural diversity;

"(4) the failure to coordinate and comprehensively prevent and

treat child abuse and neglect threatens the futures of thousands

of children and results in a cost to the Nation of billions of

dollars in tangible expenditures, as well as significant

intangible costs;

"(5) all elements of American society have a shared

responsibility in responding to this national child and family

emergency;

"(6) substantial reductions in the prevalence and incidence of

child abuse and neglect and the alleviation of its consequences

are matters of the highest national priority;

"(7) national policy should strengthen families to prevent

child abuse and neglect, provide support for intensive services

to prevent the unnecessary removal of children from families, and

promote the reunification of families if removal has taken place;

"(8) the child protection system should be comprehensive,

child-centered, family-focused, and community-based, should

incorporate all appropriate measures to prevent the occurrence or

recurrence of child abuse and neglect, and should promote

physical and psychological recovery and social re-integration in

an environment that fosters the health, safety, self-respect, and

dignity of the child;

"(9) because of the limited resources available in low-income

communities, Federal aid for the child protection system should

be distributed with due regard to the relative financial need of

the communities;

"(10) the Federal government should assist States and

communities with the fiscal, human, and technical resources

necessary to develop and implement a successful and comprehensive

child and family protection strategy;

"(11) the Federal government should provide leadership and

assist communities in their child and family protection efforts

by -

"(A) promoting coordinated planning among all levels of

government;

"(B) generating and sharing knowledge relevant to child and

family protection, including the development of models for

service delivery;

"(C) strengthening the capacity of States to assist

communities;

"(D) allocating financial resources to assist States in

implementing community plans;

"(E) helping communities to carry out their child and family

protection plans by promoting the competence of professional,

paraprofessional, and volunteer resources; and

"(F) providing leadership to end the abuse and neglect of the

nation's children and youth."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107 of this title.

-End-

-CITE-

42 USC Sec. 5102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5102. Advisory board on child abuse and neglect

-STATUTE-

(a) Appointment

The Secretary may appoint an advisory board to make

recommendations to the Secretary and to the appropriate committees

of Congress concerning specific issues relating to child abuse and

neglect.

(b) Solicitation of nominations

The Secretary shall publish a notice in the Federal Register

soliciting nominations for the appointment of members of the

advisory board under subsection (a) of this section.

(c) Composition

In establishing the board under subsection (a) of this section,

the Secretary shall appoint members from the general public who are

individuals knowledgeable in child abuse and neglect prevention,

intervention, treatment, or research, and with due consideration to

representation of ethnic or racial minorities and diverse

geographic areas, and who represent -

(1) law (including the judiciary);

(2) psychology (including child development);

(3) social services (including child protective services);

(4) medicine (including pediatrics);

(5) State and local government;

(6) organizations providing services to disabled persons;

(7) organizations providing services to adolescents;

(8) teachers;

(9) parent self-help organizations;

(10) parents' groups;

(11) voluntary groups;

(12) family rights groups; and

(13) children's rights advocates.

(d) Vacancies

Any vacancy in the membership of the board shall be filled in the

same manner in which the original appointment was made.

(e) Election of officers

The board shall elect a chairperson and vice-chairperson at its

first meeting from among the members of the board.

(f) Duties

Not later than 1 year after the establishment of the board under

subsection (a) of this section, the board shall submit to the

Secretary and the appropriate committees of Congress a report, or

interim report, containing -

(1) recommendations on coordinating Federal, State, and local

child abuse and neglect activities with similar activities at the

Federal, State, and local level pertaining to family violence

prevention;

(2) specific modifications needed in Federal and State laws and

programs to reduce the number of unfounded or unsubstantiated

reports of child abuse or neglect while enhancing the ability to

identify and substantiate legitimate cases of abuse or neglect

which place a child in danger; and

(3) recommendations for modifications needed to facilitate

coordinated national data collection with respect to child

protection and child welfare.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 102, formerly Sec. 3, Jan. 31, 1974,

88 Stat. 5; Pub. L. 95-266, title I, Sec. 102, Apr. 24, 1978, 92

Stat. 206; Pub. L. 98-457, title I, Secs. 102, 121, Oct. 9, 1984,

98 Stat. 1750, 1752; Pub. L. 100-294, title I, Sec. 101, Apr. 25,

1988, 102 Stat. 103; renumbered title I, Sec. 102, and amended Pub.

L. 101-126, Sec. 3(a)(1), (2), (b)(1), Oct. 25, 1989, 103 Stat.

764; Pub. L. 102-295, title I, Sec. 111, May 28, 1992, 106 Stat.

190; Pub. L. 104-235, title I, Sec. 102, Oct. 3, 1996, 110 Stat.

3065.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-235 amended section generally, substituting

present provisions for provisions which related to appointment of

Advisory Board on Child Abuse and Neglect in subsec. (a);

solicitation of nominations in subsec. (b); composition of Advisory

Board in subsec. (c); election of officers in subsec. (d); meetings

in subsec. (e); duties in subsec. (f); compensation in subsec. (g);

and authorization of appropriations in subsec. (h).

1992 - Subsec. (f)(4). Pub. L. 102-295, Sec. 111(a), added par.

(4).

Subsec. (h). Pub. L. 102-295, Sec. 111(b), added subsec. (h).

1989 - Subsecs. (c)(1)(A), (e), (f)(2)(E). Pub. L. 101-126, Sec.

3(b)(1), made technical amendments to references to sections 5103,

5105, and 5106 of this title to reflect renumbering of

corresponding sections of original act.

1988 - Pub. L. 100-294 amended section generally, substituting

provisions relating to Advisory Board on Child Abuse and Neglect

for provisions relating to definitions. See section 5106g of this

title.

1984 - Cl. (1). Pub. L. 98-457, Sec. 121(1), designated

provisions after opening phrase as cl. (1).

Pub. L. 98-457, Sec. 102(1), inserted "(including any employee of

a residential facility or any staff person providing out-of-home

care)".

Cl. (2). Pub. L. 98-457, Sec. 102(2), (3), added cl. (2).

Cl. (3). Pub. L. 98-457, Sec. 121(2), (3), added cl. (3).

1978 - Pub. L. 95-266 inserted "or exploitation" after "sexual

abuse" and ", or the age specified by the child protection law of

the State in question," after "eighteen".

EFFECTIVE DATE OF 1989 AMENDMENT

Section 8 of Pub. L. 101-126 provided that: "This Act and the

amendments made by this Act [see Short Title of 1989 Amendment note

set out under section 5101 of this title] shall take effect October

1, 1989, or upon the date of the enactment of this Act [Oct. 25,

1989], whichever occurs later."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 128 of Pub. L. 98-457 provided that:

"(a) Except as provided in subsection (b), the provisions of this

part or any amendment made by this part [part B (Secs. 121-128) of

title I of Pub. L. 98-457, amending this section and section 5103

of this title and enacting provisions set out as notes under

sections 5101 and 5103 of this title] shall be effective on the

date of the enactment of this Act [Oct. 9, 1984].

"(b)(1) Except as provided in paragraph (2), the amendments made

by sections 122 and 123(b) of this Act [amending section 5103 of

this title] shall become effective one year after the date of such

enactment [Oct. 9, 1984].

"(2) In the event that, prior to such effective date, funds have

not been appropriated pursuant to section 5 of the Act (as amended

by section 104 of this Act) [section 5104 of this title] for the

purpose of grants under section 4(c)(1) of the Act (as added by

section 123(a) of this Act) [section 5103(c)(1) of this title], any

State which has not met any requirement of section 4(b)(2)(K) of

the Act (as added by section 122(3) of this Act) may be granted a

waiver of such requirements for a period of not more than one year,

if the Secretary finds that such State is making a good-faith

effort to comply with such requirements."

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 its 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 end of such period, or in the case of a board established by

the 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.

LIMITATIONS ON USE OF APPROPRIATED FUNDS

Pub. L. 105-277, div. A, Sec. 101(f) [title II, Sec. 206], Oct.

21, 1998, 112 Stat. 2681-337, 2681-359, provided that: "None of the

funds appropriated in this Act or subsequent Departments of Labor,

Health and Human Services, and Education, and Related Agencies

Appropriations Acts, may be obligated or expended for the Federal

Council on Aging under the Older Americans Act [of 1965, 42 U.S.C.

3001 et seq.] or the Advisory Board on Child Abuse and Neglect

under the Child Abuse Prevention and Treatment Act [42 U.S.C. 5101

et seq.]."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-78, title II, Sec. 206, Nov. 13, 1997, 111 Stat.

1489.

Pub. L. 104-208, div. A, Sec. 101(e) [title II, Sec. 208], Sept.

30, 1996, 110 Stat. 3009-233, 3009-254.

Pub. L. 104-134, title I, Sec. 101(d) [title II, Sec. 209], Apr.

26, 1996, 110 Stat. 1321-211, 1321-228; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

-End-

-CITE-

42 USC Sec. 5103 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5103. Repealed. Pub. L. 104-235, title I, Sec. 103, Oct. 3,

1996, 110 Stat. 3066

-MISC1-

Section, Pub. L. 93-247, title I, Sec. 103, formerly Sec. 4, Jan.

31, 1974, 88 Stat. 5; Pub. L. 93-644, Sec. 8(d)(2), Jan. 4, 1975,

88 Stat. 2310; Pub. L. 95-266, title I, Sec. 103, Apr. 24, 1978, 92

Stat. 206; Pub. L. 98-457, title I, Secs. 103, 122, 123, Oct. 9,

1984, 98 Stat. 1750, 1752, 1753; Pub. L. 99-401, title I, Sec.

102(a), Aug. 27, 1986, 100 Stat. 903; Pub. L. 100-117, Sec. 1,

Sept. 28, 1987, 101 Stat. 751; Pub. L. 100-294, title I, Sec. 101,

Apr. 25, 1988, 102 Stat. 105; renumbered title I, Sec. 103, Pub. L.

101-126, Sec. 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764, related

to the Inter-Agency Task Force on Child Abuse and Neglect.

-End-

-CITE-

42 USC Sec. 5104 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5104. National clearinghouse for information relating to child

abuse

-STATUTE-

(a) Establishment

The Secretary shall through the Department, or by one or more

contracts of not less than 3 years duration let through a

competition, establish a national clearinghouse for information

relating to child abuse.

(b) Functions

The Secretary shall, through the clearinghouse established by

subsection (a) of this section -

(1) maintain, coordinate, and disseminate information on all

programs, including private programs, that show promise of

success with respect to the prevention, assessment,

identification, and treatment of child abuse and neglect; and

(2) maintain and disseminate information relating to -

(A) the incidence of cases of child abuse and neglect in the

United States;

(B) the incidence of such cases in populations determined by

the Secretary under section 105(a)(1) of the Child Abuse

Prevention, Adoption, and Family Services Act of 1988; and

(C) the incidence of any such cases related to alcohol or

drug abuse.

(c) Coordination with available resources

(1) In general

In establishing a national clearinghouse as required by

subsection (a) of this section, the Secretary shall -

(A) consult with other Federal agencies that operate similar

clearinghouses;

(B) consult with the head of each agency involved with child

abuse and neglect and mechanisms for the sharing of such

information among other Federal agencies and clearinghouses on

the development of the components for information collection

and management of such clearinghouse;

(C) develop a Federal data system involving the elements

under subsection (b) of this section which, to the extent

practicable, coordinates existing Federal, State, regional, and

local child welfare data systems which shall include -

(i) standardized data on false, unfounded, unsubstantiated,

and substantiated reports; and

(ii) information on the number of deaths due to child abuse

and neglect;

(D) through a national data collection and analysis program

and in consultation with appropriate State and local agencies

and experts in the field, collect, compile, and make available

State child abuse and neglect reporting information which, to

the extent practical, shall be universal and case specific and

integrated with other case-based foster care and adoption data

collected by the Secretary;

(E) compile, analyze, and publish a summary of the research

conducted under section 5105(a) (!1) of this title; and

(F) solicit public comment on the components of such

clearinghouse.

(2) Confidentiality requirement

In carrying out paragraph (1)(D), the Secretary shall ensure

that methods are established and implemented to preserve the

confidentiality of records relating to case specific data.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 103, formerly Sec. 5, Jan. 31, 1974,

88 Stat. 7; Pub. L. 95-266, title I, Sec. 104, Apr. 24, 1978, 92

Stat. 206; Pub. L. 98-457, title I, Sec. 104, Oct. 9, 1984, 98

Stat. 1751; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102

Stat. 105; renumbered title I, Sec. 104, and amended Pub. L.

101-126, Secs. 3(a)(1), (2), (b)(2), 6, Oct. 25, 1989, 103 Stat.

764, 765, 768; renumbered Sec. 103 and amended Pub. L. 104-235,

title I, Secs. 104, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3066,

3079.)

-REFTEXT-

REFERENCES IN TEXT

Section 105(a)(1) of the Child Abuse Prevention, Adoption, and

Family Services Act of 1988, referred to in subsec. (b)(2)(B), is

section 105(a)(1) of Pub. L. 100-294, which is set out as a note

under section 5105 of this title.

Section 5105(a) of this title, referred to in subsec. (c)(1)(E),

was in the original a reference to section 105(a), meaning section

105(a) of Pub. L. 93-247 which was renumbered section 104 by Pub.

L. 104-235, title I, Sec. 113(a)(1)(A), Oct. 3, 1996, 110 Stat.

3079. Section 106 of Pub. L. 93-247 was renumbered section 105 and

is classified to section 5106 of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 103 of Pub. L. 93-247 was classified to section

5103 of this title prior to repeal by Pub. L. 104-235.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-235, Sec. 104(1), amended heading

and text generally. Prior to amendment, text read as follows:

"Before the end of the 2-year period beginning on April 25, 1988,

the Secretary shall through the Center, or by contract of no less

than 3 years duration let through a competition, establish a

national clearinghouse for information relating to child abuse."

Subsec. (b). Pub. L. 104-235, Sec. 104(2)(A), substituted

"Secretary" for "Director" in introductory provisions.

Subsec. (b)(1). Pub. L. 104-235, Sec. 104(2)(B)(ii), which

directed striking out ", including" and all that followed and

inserting "; and", was executed to reflect the probable intent of

Congress by substituting "; and" for ", including the information

provided by the National Center for Child Abuse and Neglect under

section 5105(b) of this title;" which was all that followed ",

including" the second place it appeared.

Pub. L. 104-235, Sec. 104(2)(B)(ii), inserted "assessment," after

"prevention,".

Subsec. (b)(2). Pub. L. 104-235, Sec. 104(2)(C), substituted

"United States" for "general population" in subpar. (A) and struck

out subpar. (D) which read as follows: "State and local

recordkeeping with respect to such cases; and".

Subsec. (b)(3). Pub. L. 104-235, Sec. 104(2)(D), struck out par.

(3) which read as follows: "directly or through contract, identify

effective programs carried out by the States pursuant to subchapter

III of this chapter and provide technical assistance to the States

in the implementation of such programs."

Subsec. (c)(1). Pub. L. 104-235, Sec. 104(3)(A), designated

existing provisions as par. (1), inserted heading, and substituted

"Secretary" for "Director" in introductory provisions. Former par.

(1) redesignated (1)(A).

Subsec. (c)(1)(A). Pub. L. 104-235, Sec. 104(3)(B), redesignated

par. (1) as (1)(A) and realigned margin.

Subsec. (c)(1)(B). Pub. L. 104-235, Sec. 104(3)(B), (C),

redesignated par. (2) as (1)(B), realigned margin, and substituted

"involved with child abuse and neglect and mechanisms for the

sharing of such information among other Federal agencies and

clearinghouses" for "that is represented on the task force".

Subsec. (c)(1)(C). Pub. L. 104-235, Sec. 104(3)(B), (C),

redesignated par. (3) as (1)(C), realigned margin, and substituted

"Federal, State, regional, and local child welfare data systems

which shall include -

"(i) standardized data on false, unfounded, unsubstantiated,

and substantiated reports; and

"(ii) information on the number of deaths due to child abuse

and neglect;"

for "State, regional, and local data systems; and".

Subsec. (c)(1)(D). Pub. L. 104-235, Sec. 104(3)(F), added subpar.

(D). Former subpar. (D) redesignated (F).

Pub. L. 104-235, Sec. 104(3)(B), redesignated par. (4) as (1)(D)

and realigned margin.

Subsec. (c)(1)(E). Pub. L. 104-235, Sec. 104(3)(F), added subpar.

(E).

Subsec. (c)(1)(F). Pub. L. 104-235, Sec. 104(3)(E), redesignated

subpar. (D) as (F).

Subsec. (c)(2). Pub. L. 104-235, Sec. 104(3)(G), added par. (2).

Former par. (2) redesignated (1)(B).

Subsec. (c)(3), (4). Pub. L. 104-235, Sec. 104(3)(B),

redesignated pars. (3) and (4) as (1)(C) and (1)(D), respectively.

1989 - Subsec. (b)(1). Pub. L. 101-126, Sec. 3(b)(2)(A), made

technical amendment to reference to section 5105(b) of this title

to reflect renumbering of corresponding section of original act.

Subsec. (b)(2)(B). Pub. L. 101-126, Sec. 3(b)(2)(B), inserted "of

the Child Abuse Prevention, Adoption, and Family Services Act of

1988" after "section 105(a)(1)".

Subsec. (b)(3). Pub. L. 101-126, Sec. 6, added par. (3).

1988 - Pub. L. 100-294 amended section generally, substituting

provisions relating to national clearinghouse for information

relating to child abuse for provisions relating to authorization of

appropriations and funding requirements for child abuse and neglect

and sexual abuse programs and projects. See section 5106h of this

title.

1984 - Pub. L. 98-457, Sec. 104(a), struck out designation "(a)"

before "There are hereby authorized", inserted provisions

authorizing appropriations of $33,500,000 for fiscal year 1984,

$40,000,000 for fiscal year 1985, $41,500,000 for fiscal year 1986,

and $43,100,000 for fiscal year 1987, and substituted "this section

except as provided in the succeeding sentence, (A) not less than

$9,000,000 shall be available in each fiscal year to carry out

section 5103(b) of this title (relating to State grants), (B) not

less than $11,000,000 shall be available in each fiscal year to

carry out sections 5103(a) (relating to demonstration or service

projects), 5101(b)(1) and 5101(b)(3) (relating to information

dissemination), 5101(b)(5) (relating to research), and 5103(c)(2)

(relating to training, technical assistance, and information

dissemination) of this title, giving special consideration to

continued funding of child abuse and neglect programs or projects

(previously funded by the Department of Health and Human Services)

of national or regional scope and demonstated [sic] effectiveness,

(C) $5,000,000 shall be available in each such year for grants and

contracts under section 5103(a) of this title for identification,

treatment, and prevention of sexual abuse, and (D) $5,000,000 shall

be available in each such year for the purpose of making additional

grants to the States to carry out the provisions of section

5103(c)(1) of this title. With respect to any fiscal year in which

the total amount appropriated under this section is less than

$30,000,000, funds shall first be available as provided in clauses

(A) and (B) in the preceding sentence and of the remainder one-half

shall be available as provided for in clause (C) and one-half as

provided for in clause (D) in the preceding sentence" for "this

section, not less than 50 per centum shall be used for making

grants or contracts under sections 5101(b)(5) of this title

(relating to research) and 5103(a) of this title (relating to

demonstration or service projects), giving special consideration to

continued Federal funding of child abuse and neglect programs or

projects (previously funded by the Department of Health, Education,

and Welfare) of national or regional scope and demonstrated

effectiveness, of not less than 25 per centum shall be used for

making grants or contracts under section 5103(b)(1) of this title

(relating to grants to States) for the fiscal years ending

September 30, 1978, and September 30, 1979, respectively, and not

less than 30 per centum shall be used for making grants or

contracts under section 5103(b)(1) of this title (relating to

grants to States) for each of the fiscal years ending September 30,

1980, and September 30, 1981, respectively".

Pub. L. 98-457, Sec. 104(b), struck out subsec. (b) which

authorized appropriations for fiscal years ending Sept. 30, 1978,

Sept. 30, 1979, Sept. 30, 1980, and Sept. 30, 1981, respectively,

for purpose of making grants and entering into contracts for

programs and projects designed to prevent, identify, and treat

sexual abuse of children.

1978 - Pub. L. 95-266 designated existing provisions as subsec.

(a), inserted provisions authorizing appropriations for fiscal year

ending Sept. 30, 1978, through fiscal year ending Sept. 30, 1981,

and provisions setting forth funding requirements for child abuse

and neglect programs and projects, and added subsec. (b).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5105 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5105. Research and assistance activities

-STATUTE-

(a) Research

(1) Topics

The Secretary shall, in consultation with other Federal

agencies and recognized experts in the field, carry out a

continuing interdisciplinary program of research that is designed

to provide information needed to better protect children from

abuse or neglect and to improve the well-being of abused or

neglected children, with at least a portion of such research

being field initiated. Such research program may focus on -

(A) the nature and scope of child abuse and neglect;

(B) causes, prevention, assessment, identification,

treatment, cultural and socio-economic distinctions, and the

consequences of child abuse and neglect;

(C) appropriate, effective and culturally sensitive

investigative, administrative, and judicial procedures with

respect to cases of child abuse; and

(D) the national incidence of child abuse and neglect,

including -

(i) the extent to which incidents of child abuse are

increasing or decreasing in number and severity;

(ii) the incidence of substantiated and unsubstantiated

reported child abuse cases;

(iii) the number of substantiated cases that result in a

judicial finding of child abuse or neglect or related

criminal court convictions;

(iv) the extent to which the number of unsubstantiated,

unfounded and false reported cases of child abuse or neglect

have contributed to the inability of a State to respond

effectively to serious cases of child abuse or neglect;

(v) the extent to which the lack of adequate resources and

the lack of adequate training of individuals required by law

to report suspected cases of child abuse have contributed to

the inability of a State to respond effectively to serious

cases of child abuse and neglect;

(vi) the number of unsubstantiated, false, or unfounded

reports that have resulted in a child being placed in

substitute care, and the duration of such placement;

(vii) the extent to which unsubstantiated reports return as

more serious cases of child abuse or neglect;

(viii) the incidence and prevalence of physical, sexual,

and emotional abuse and physical and emotional neglect in

substitute care; and

(ix) the incidence and outcomes of abuse allegations

reported within the context of divorce, custody, or other

family court proceedings, and the interaction between this

venue and the child protective services system.

(2) Priorities

(A) The Secretary shall establish research priorities for

making grants or contracts for purposes of carrying out paragraph

(1).

(B) In establishing research priorities as required by

subparagraph (A), the Secretary shall -

(i) publish proposed priorities in the Federal Register for

public comment; and

(ii) allow not less than 60 days for public comment on such

proposed priorities.

(b) Provision of technical assistance

(1) In general

The Secretary shall provide technical assistance to State and

local public and nonprofit private agencies and organizations,

including disability organizations and persons who work with

children with disabilities, to assist such agencies and

organizations in planning, improving, developing, and carrying

out programs and activities relating to the prevention,

assessment, identification, and treatment of child abuse and

neglect.

(2) Evaluation

Such technical assistance may include an evaluation or

identification of -

(A) various methods and procedures for the investigation,

assessment, and prosecution of child physical and sexual abuse

cases;

(B) ways to mitigate psychological trauma to the child

victim; and

(C) effective programs carried out by the States under this

subchapter and subchapter III of this chapter.

(3) Dissemination

The Secretary may provide for and disseminate information

relating to various training resources available at the State and

local level to -

(A) individuals who are engaged, or who intend to engage, in

the prevention, identification, and treatment of child abuse

and neglect; and

(B) appropriate State and local officials to assist in

training law enforcement, legal, judicial, medical, mental

health, education, and child welfare personnel in appropriate

methods of interacting during investigative, administrative,

and judicial proceedings with children who have been subjected

to abuse.

(c) Authority to make grants or enter into contracts

(1) In general

The functions of the Secretary under this section may be

carried out either directly or through grant or contract.

(2) Duration

Grants under this section shall be made for periods of not more

than 5 years.

(3) Preference for long-term studies

In making grants for purposes of conducting research under

subsection (a) of this section, the Secretary shall give special

consideration to applications for long-term projects.

(d) Peer review for grants

(1) Establishment of peer review process

(A) The Secretary shall, in consultation with experts in the

field and other federal (!1) agencies, establish a formal,

rigorous, and meritorious peer review process for purposes of

evaluating and reviewing applications for grants under this

section and determining the relative merits of the projects for

which such assistance is requested. The purpose of this process

is to enhance the quality and usefulness of research in the field

of child abuse and neglect.

(B) In establishing the process required by subparagraph (A),

the Secretary shall appoint to the peer review panels only

members who are experts in the field of child abuse and neglect

or related disciplines, with appropriate expertise in the

application to be reviewed, and who are not individuals who are

officers or employees of the Administration on Children and

Families. The panels shall meet as often as is necessary to

facilitate the expeditious review of applications for grants and

contracts under this section, but may not meet less than once a

year. The Secretary shall ensure that the peer review panel

utilizes scientifically valid review criteria and scoring

guidelines for review committees.

(2) Review of applications for assistance

Each peer review panel established under paragraph (1)(A) that

reviews any application for a grant shall -

(A) determine and evaluate the merit of each project

described in such application;

(B) rank such application with respect to all other

applications it reviews in the same priority area for the

fiscal year involved, according to the relative merit of all of

the projects that are described in such application and for

which financial assistance is requested; and

(C) make recommendations to the Secretary concerning whether

the application for the project shall be approved.

The Secretary shall award grants under this section on the basis

of competitive review.

(3) Notice of approval

(A) The Secretary shall provide grants and contracts under this

section from among the projects which the peer review panels

established under paragraph (1)(A) have determined to have merit.

(B) In the instance in which the Secretary approves an

application for a program without having approved all

applications ranked above such application (as determined under

paragraph (2)(B)), the Secretary shall append to the approved

application a detailed explanation of the reasons relied on for

approving the application and for failing to approve each pending

application that is superior in merit, as indicated on the list

under paragraph (2)(B).

-SOURCE-

(Pub. L. 93-247, title I, Sec. 104, formerly Sec. 6, Jan. 31, 1974,

88 Stat. 7; Pub. L. 95-266, title I, Sec. 105, Apr. 24, 1978, 92

Stat. 207; Pub. L. 98-457, title I, Sec. 105, Oct. 9, 1984, 98

Stat. 1751; Pub. L. 99-401, title I, Sec. 104, Aug. 27, 1986, 100

Stat. 906; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102

Stat. 106; renumbered title I, Sec. 105, and amended Pub. L.

101-126, Sec. 3(a)(1), (2), (b)(3), Oct. 25, 1989, 103 Stat. 764,

765; Pub. L. 102-295, title I, Secs. 112, 141(5), May 28, 1992, 106

Stat. 190, 200; renumbered Sec. 104 and amended Pub. L. 104-235,

title I, Secs. 105, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3067,

3079.)

-MISC1-

PRIOR PROVISIONS

A prior section 104 of Pub. L. 93-247 was renumbered section 103

and is classified to section 5104 of this title.

AMENDMENTS

1996 - Pub. L. 104-235, Sec. 105(f), struck out "of the National

Center on Child Abuse and Neglect" after "activities" in section

catchline.

Subsec. (a)(1). Pub. L. 104-235, Sec. 105(a)(1)(A), in

introductory provisions, substituted ", in consultation with other

Federal agencies and recognized experts in the field, carry out a

continuing interdisciplinary program of research that is designed

to provide information needed to better protect children from abuse

or neglect and to improve the well-being of abused or neglected

children, with at least a portion of such research being field

initiated. Such research program may focus on" for ", through the

Center, conduct research on".

Subsec. (a)(1)(A). Pub. L. 104-235, Sec. 105(a)(1)(C), added

subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (a)(1)(B). Pub. L. 104-235, Sec. 105(a)(1)(B), (D),

redesignated subpar. (A) as (B) and amended it generally. Prior to

amendment, subpar. (B) read as follows: "the causes, prevention,

identification,, treatment and cultural distinctions of child abuse

and neglect;". Former subpar. (B) redesignated (C).

Subsec. (a)(1)(C). Pub. L. 104-235, Sec. 105(a)(1)(B),

redesignated subpar. (B) as (C). Former subpar. (C) redesignated

(D).

Subsec. (a)(1)(D). Pub. L. 104-235, Sec. 105(a)(1)(B), (E),

redesignated subpar. (C) as (D), struck out cl. (ii), redesignated

cl. (iii) as (ii) and amended it generally, and added cls. (iii) to

(ix). Prior to amendment, cls. (ii) and (iii) read as follows:

"(ii) the relationship of child abuse and neglect to nonpayment

of child support, cultural diversity, disabilities, and various

other factors; and

"(iii) the incidence of substantiated reported child abuse cases

that result in civil child protection proceedings or criminal

proceedings, including the number of such cases with respect to

which the court makes a finding that abuse or neglect exists and

the disposition of such cases."

Subsec. (a)(2). Pub. L. 104-235, Sec. 105(a)(2), struck out "and

demonstration" after "research", substituted "paragraph (1)" for

"paragraph (1)(A) and activities under section 5106 of this title"

in subpar. (A) and struck out "and demonstration" after "research"

in introductory provisions of subpar. (B).

Subsec. (b). Pub. L. 104-235, Sec. 105(b), (c), redesignated

subsec. (c) as (b)(1), inserted par. heading, struck out ", through

the Center," after "Secretary shall", inserted "State and local"

before "public and nonprofit" and "assessment," before

"identification", added pars. (2) and (3), and struck out heading

and text of former subsec. (b) consisting of pars. (1) to (5) which

related to publication and dissemination of information.

Subsec. (c). Pub. L. 104-235, Sec. 105(d), redesignated subsec.

(d) as (c) and in par. (2) struck out at end "The Secretary shall

review each such grant at least annually, utilizing peer review

mechanisms to assure the quality and progress of research conducted

under such grant." Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 104-235, Sec. 105(e), redesignated subsec.

(e) as (d), in par. (1)(A) substituted ", in consultation with

experts in the field and other federal agencies, establish a

formal, rigorous, and meritorious" for "establish a formal", struck

out "and contracts" after "for grants", and inserted at end "The

purpose of this process is to enhance the quality and usefulness of

research in the field of child abuse and neglect.", in par. (1)(B)

substituted "Administration on Children and Families" for "Office

of Human Development" and inserted at end "The Secretary shall

ensure that the peer review panel utilizes scientifically valid

review criteria and scoring guidelines for review committees.", in

par. (2) struck out ", contract, or other financial assistance"

after "grant" in introductory provisions and inserted "The

Secretary shall award grants under this section on the basis of

competitive review." as concluding provisions, and in par. (3)(B)

substituted "paragraph (2)(B)" for "subsection (e)(2)(B) of this

section" in two places. Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 104-235, Sec. 105(e)(1), redesignated

subsec. (e) as (d).

1992 - Subsec. (a)(1)(A). Pub. L. 102-295, Sec. 112(a)(1),

substituted ", treatment and cultural distinctions of" for "and

treatment of".

Subsec. (a)(1)(B). Pub. L. 102-295, Sec. 112(a)(2), substituted

"appropriate, effective and culturally sensitive" for "appropriate

and effective".

Subsec. (a)(1)(C)(ii). Pub. L. 102-295, Secs. 112(a)(3), 141(5),

substituted "child support, cultural diversity, disabilities" for

"child support, handicaps".

Subsec. (b)(1). Pub. L. 102-295, Sec. 112(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "as a part

of research activities establish a national data collection and

analysis program, which, to the extent practical, coordinates

existing State child abuse and neglect reports and which shall

include -

"(A) standardized data on false, unfounded, or unsubstantiated

reports; and

"(B) information on the number of deaths due to child abuse and

neglect;".

Subsec. (c). Pub. L. 102-295, Sec. 141(5), substituted

"disabilities" for "handicaps".

Subsec. (e)(1)(A). Pub. L. 102-295, Sec. 112(c)(1)(A), inserted

"and reviewing" after "evaluating".

Subsec. (e)(1)(B). Pub. L. 102-295, Sec. 112(c)(1)(B), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: "Members of peer review panels shall be appointed by the

Secretary from among individuals who are not officers or employees

of the Office of Human Development Services. In making appointments

to such panels, the Secretary shall include only experts in the

field of child abuse and neglect."

Subsec. (e)(2)(A). Pub. L. 102-295, Sec. 112(c)(2)(A), inserted

"and evaluate" after "determine".

Subsec. (e)(2)(C). Pub. L. 102-295, Sec. 112(c)(2)(B), added

subpar. (C).

Subsec. (e)(3)(A). Pub. L. 102-295, Sec. 112(c)(3), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "At the end of each application process, the Secretary

shall make available upon request, no later than 14 days after the

request, to the Committee on Education and Labor of the House of

Representatives and the Committee on Labor and Human Resources of

the Senate the list which identifies all applications reviewed by

such panel and arranges such applications according to rank

determined under paragraph (2) and a list of all applications

funded."

1989 - Subsecs. (a)(2)(A), (b)(3). Pub. L. 101-126, Sec. 3(b)(3),

made technical amendments to references to sections 5104, 5106, and

5106c of this title to reflect renumbering of corresponding

sections of original act.

1988 - Pub. L. 100-294 amended section generally, substituting

provisions relating to research and assistance activities of the

National Center on Child Abuse and Neglect for provisions relating

to Advisory Board on Child Abuse and Neglect. See section 5102 of

this title.

1986 - Subsec. (a). Pub. L. 99-401, Sec. 104(1), inserted after

first sentence "The Advisory Board shall meet at least every six

months."

Pub. L. 99-401, Sec. 104(2), which directed that subsec. (a) be

amended by inserting "in order to prevent unnecessary duplication

of such programs, to ensure efficient allocation of resources, and

to assure that programs effectively address all aspects of the

child abuse problem" after "Board" in second sentence, was executed

by inserting provision after "Advisory Board" the first time that

term appeared in what constituted the second sentence before a new

second sentence was added by section 104(1) of Pub. L. 99-401.

1984 - Subsec. (a). Pub. L. 98-457, Sec. 105(a), (b), struck out

", including the Office of Child Development, the Department of

Education, the National Institute of Education, the National

Institute of Mental Health, the National Institute of Child Health

and Human Development, the Social and Rehabilitation Service, and

the Health Services Administration," before "and not less than

three members", and inserted provision that the Advisory Board may

be available, at the Secretary's request, to assist the Secretary

in coordinating adoption-related activities of the Federal

Government.

Subsecs. (b), (c). Pub. L. 98-457, Sec. 105(c), redesignated

subsec. (c) as (b) and struck out former subsec. (b) which required

the Board to review the comprehensive plan submitted to it by the

Center pursuant to section 5101(b)(7) of this title, make such

changes as it deemed appropriate, and submit to the President and

the Congress a final such plan not later than eighteen months after

April 24, 1978.

1978 - Subsec. (a). Pub. L. 95-266, Sec. 105(1), (2), inserted

requirement for representation from the general public, and

"planned," before "administered" in two places.

Subsec. (b). Pub. L. 95-266, Sec. 105(3), substituted provisions

relating to review of the plan by the Advisory Board and submission

to the President and Congress of a final plan, for provisions

relating to a report by the Advisory Board on assisted programs,

etc., and submission to the President and Congress.

Subsec. (c). Pub. L. 95-266, Sec. 105(3), substituted provisions

setting forth compensation and travel expense allowance

authorizations for members of the Board, for provisions authorizing

use of appropriated funds for required report.

CHILD ABUSE AND DISABILITY

Section 102 of Pub. L. 100-294 directed Director of National

Center on Child Abuse and Neglect to conduct a study of incidence

of child abuse among children with handicaps, including children in

out-of-home placements, the relationship between child abuse and

children's handicapping conditions, and incidence of children who

have developed handicapping conditions as a result of child abuse

or neglect, and not later than 2 years after Apr. 25, 1988, to

report to appropriate committees of Congress with respect to the

study, such report to include information and data gathered, an

analysis of such information and data, and recommendations on how

to prevent abuse of disabled children.

CHILD ABUSE AND ALCOHOLIC FAMILIES

Section 103 of Pub. L. 100-294 directed Director of National

Center on Child Abuse and Neglect to conduct a study of incidence

of child abuse in alcoholic families and relationship between child

abuse and familial alcoholism, and not later than 2 years after

Apr. 25, 1988, to report to appropriate committees of Congress with

respect to the study, such report to include information and data

gathered, an analysis of such information and data, and

recommendations on how to prevent child abuse in alcoholic

families.

STUDY OF GUARDIAN-AD-LITEM

Section 104 of Pub. L. 100-294 directed Director of National

Center on Child Abuse and Neglect to conduct a study of how

individual legal representation of children in cases of child abuse

or neglect has been provided in each State, and effectiveness of

legal representation of children in cases of abuse or neglect

through use of guardian-ad-litem and court appointed special

advocates, and not later than 2 years after Apr. 25, 1988, to

report to appropriate committees of Congress with respect to the

study, such report to include information and data gathered, an

analysis of such information and data, and recommendations on how

to improve legal representation of children in cases of abuse or

neglect.

HIGH RISK STUDY

Section 105 of Pub. L. 100-294 directed the Director of National

Center on Child Abuse and Neglect to conduct a study to identify

groups which have been historically underserved or unserved by

programs relating to child abuse and neglect, and to report

incidence of child abuse and neglect among children who are members

of such groups, and not later than 2 years after Apr. 25, 1988, to

report to appropriate committees of Congress with respect to the

study, such report to include information and data gathered, an

analysis of such information and data, and recommendations on how

to better meet needs of underserved or unserved groups.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

42 USC Sec. 5106 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106. Grants to public agencies and nonprofit private

organizations for demonstration programs and projects

-STATUTE-

(a) Demonstration programs and projects

The Secretary may make grants to, and enter into contracts with,

public agencies or private nonprofit agencies or organizations (or

combinations of such agencies or organizations) for time limited,

demonstration programs and projects for the following purposes:

(1) Training programs

The Secretary may award grants to public or private nonprofit

organizations under this section -

(A) for the training of professional and paraprofessional

personnel in the fields of medicine, law, education, social

work, and other relevant fields who are engaged in, or intend

to work in, the field of prevention, identification, and

treatment of child abuse and neglect, including the links

between domestic violence and child abuse;

(B) to improve the recruitment, selection, and training of

volunteers serving in public and private nonprofit children,

youth and family service organizations in order to prevent

child abuse and neglect through collaborative analysis of

current recruitment, selection, and training programs and

development of model programs for dissemination and replication

nationally; and

(C) for the establishment of resource centers for the purpose

of providing information and training to professionals working

in the field of child abuse and neglect.

(2) Mutual support programs

The Secretary may award grants to private nonprofit

organizations (such as Parents Anonymous) to establish or

maintain a national network of mutual support and self-help

programs as a means of strengthening families in partnership with

their communities.

(3) Other innovative programs and projects

(A) In general

The Secretary may award grants to public and private

nonprofit agencies that demonstrate innovation in responding to

reports of child abuse and neglect including programs of

collaborative partnerships between the State child protective

services agency, community social service agencies and family

support programs, schools, churches and synagogues, and other

community agencies to allow for the establishment of a triage

system that -

(i) accepts, screens and assesses reports received to

determine which such reports require an intensive

intervention and which require voluntary referral to another

agency, program or project;

(ii) provides, either directly or through referral, a

variety of community-linked services to assist families in

preventing child abuse and neglect; and

(iii) provides further investigation and intensive

intervention where the child's safety is in jeopardy.

(B) Kinship care

The Secretary may award grants to public and private

nonprofit entities in not more than 10 States to assist such

entities in developing or implementing procedures using adult

relatives as the preferred placement for children removed from

their home, where such relatives are determined to be capable

of providing a safe nurturing environment for the child and

where such relatives comply with the State child protection

standards.

(C) Promotion of safe, family-friendly physical environments

for visitation and exchange

The Secretary may award grants to entities to assist such

entities in establishing and operating safe, family-friendly

physical environments -

(i) for court-ordered supervised visitation between

children and abusing parents; and

(ii) to safely facilitate the exchange of children for

visits with noncustodian parents in cases of domestic

violence.

(b) Discretionary grants

In addition to grants or contracts made under subsection (b) of

this section, grants or contracts under this section may be used

for the following:

(1) Projects which provide educational identification,

prevention, and treatment services in cooperation with preschool

and elementary and secondary schools.

(2) Respite and crisis nursery programs provided by

community-based organizations under the direction and supervision

of hospitals.

(3) Respite and crisis nursery programs provided by

community-based organizations.

(4)(A) Providing hospital-based information and referral

services to -

(i) parents of children with disabilities; and

(ii) children who have been neglected or abused and their

parents.

(B) Except as provided in subparagraph (C)(iii), services

provided under a grant received under this paragraph shall be

provided at the hospital involved -

(i) upon the birth or admission of a child with disabilities;

and

(ii) upon the treatment of a child for abuse or neglect.

(C) Services, as determined as appropriate by the grantee,

provided under a grant received under this paragraph shall be

hospital-based and shall consist of -

(i) the provision of notice to parents that information

relating to community services is available;

(ii) the provision of appropriate information to parents of a

child with disabilities regarding resources in the community,

particularly parent training resources, that will assist such

parents in caring for their child;

(iii) the provision of appropriate information to parents of

a child who has been neglected or abused regarding resources in

the community, particularly parent training resources, that

will assist such parents in caring for their child and reduce

the possibility of abuse or neglect;

(iv) the provision of appropriate follow-up services to

parents of a child described in subparagraph (B) after the

child has left the hospital; and

(v) where necessary, assistance in coordination of community

services available to parents of children described in

subparagraph (B).

The grantee shall assure that parental involvement described in

this subparagraph is voluntary.

(D) For purposes of this paragraph, a qualified grantee is a

nonprofit acute care hospital that -

(i) is in a combination with -

(I) a health-care provider organization;

(II) a child welfare organization;

(III) a disability organization; and

(IV) a State child protection agency;

(ii) submits an application for a grant under this paragraph

that is approved by the Secretary;

(iii) maintains an office in the hospital involved for

purposes of providing services under such grant;

(iv) provides assurances to the Secretary that in the conduct

of the project the confidentiality of medical, social, and

personal information concerning any person described in

subparagraph (A) or (B) shall be maintained, and shall be

disclosed only to qualified persons providing required services

described in subparagraph (C) for purposes relating to conduct

of the project; and

(v) assumes legal responsibility for carrying out the terms

and conditions of the grant.

(E) In awarding grants under this paragraph, the Secretary

shall -

(i) give priority under this section for two grants under

this paragraph, provided that one grant shall be made to

provide services in an urban setting and one grant shall be

made to provide services in rural setting; and

(ii) encourage qualified grantees to combine the amounts

received under the grant with other funds available to such

grantees.

(5) Such other innovative programs and projects that show

promise of preventing and treating cases of child abuse and

neglect as the Secretary may approve.

(c) Evaluation

In making grants for demonstration projects under this section,

the Secretary shall require all such projects to be evaluated for

their effectiveness. Funding for such evaluations shall be provided

either as a stated percentage of a demonstration grant or as a

separate grant entered into by the Secretary for the purpose of

evaluating a particular demonstration project or group of projects.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 105, formerly Sec. 7, Jan. 31, 1974,

88 Stat. 8; Pub. L. 98-457, title I, Sec. 106, Oct. 9, 1984, 98

Stat. 1751; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102

Stat. 108; renumbered title I, Sec. 106, Pub. L. 101-126, Sec.

3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 102-295, title

I, Secs. 113, 141(1), (2), (5), May 28, 1992, 106 Stat. 191, 199,

200; renumbered Sec. 105 and amended Pub. L. 104-235, title I,

Secs. 106, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3069, 3079.)

-MISC1-

PRIOR PROVISIONS

A prior section 105 of Pub. L. 93-247 was renumbered section 104

and is classified to section 5105 of this title.

AMENDMENTS

1996 - Pub. L. 104-235, Sec. 106(1), struck out "or service"

after "demonstration" in section catchline.

Subsec. (a). Pub. L. 104-235, Sec. 106(2), amended heading and

text of subsec. (a) generally. Prior to amendment, text consisted

of pars. (1) and (2) which related to general authority of

Secretary to make grants and enter into contracts for demonstration

or service programs and projects and to evaluate the effectiveness

of those demonstration projects.

Subsec. (b). Pub. L. 104-235, Sec. 106(3), (4), redesignated

subsec. (c) as (b) and pars. (3) to (7) thereof as (1) to (5),

respectively, struck out former pars. (1) and (2) which related to

training programs and other innovative programs, respectively, and

struck out heading and text of former subsec. (b). Text read as

follows: "The Secretary shall, directly or through grants or

contracts with public or private nonprofit organizations under this

section, provide for the establishment of resource centers -

"(1) serving defined geographic areas;

"(2) staffed by multidisciplinary teams of personnel trained in

the prevention, identification, and treatment of child abuse and

neglect; and

"(3) providing advice and consultation to individuals,

agencies, and organizations which request such services."

Subsec. (c). Pub. L. 104-235, Sec. 106(6), added subsec. (c).

Former subsec. (c) redesignated (b).

1992 - Subsec. (a). Pub. L. 102-295, Sec. 113(a), designated

existing provisions as par. (1), inserted heading, and added par.

(2).

Subsec. (c)(1)(B). Pub. L. 102-295, Sec. 141(5), substituted

"disabilities" for "handicaps".

Pub. L. 102-295, Sec. 113(b)(1), inserted "culturally specific"

before "instruction".

Subsec. (c)(1)(C). Pub. L. 102-295, Sec. 113(b)(2), added subpar.

(C).

Subsec. (c)(6)(A)(i). Pub. L. 102-295, Sec. 141(5), substituted

"children with disabilities" for "children with handicaps".

Subsec. (c)(6)(B)(i). Pub. L. 102-295, Sec. 141(1), substituted

"child with disabilities" for "handicapped child".

Subsec. (c)(6)(C)(ii). Pub. L. 102-295, Sec. 141(2), substituted

"child with disabilities" for "child with handicaps".

1988 - Pub. L. 100-294 amended section generally, substituting

provision authorizing grants to public agencies and nonprofit

private organizations for demonstration or service programs and

projects for provision directing the Secretary to ensure

coordination among Federal programs related to child abuse and

neglect. See section 5106e of this title.

1984 - Pub. L. 98-457 substituted "among programs" for "between

programs".

-End-

-CITE-

42 USC Sec. 5106a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106a. Grants to States for child abuse and neglect prevention

and treatment programs

-STATUTE-

(a) Development and operation grants

The Secretary shall make grants to the States, based on the

population of children under the age of 18 in each State that

applies for a grant under this section, for purposes of assisting

the States in improving the child protective services system of

each such State in -

(1) the intake, assessment, screening, and investigation of

reports of abuse and neglect;

(2)(A) creating and improving the use of multidisciplinary

teams and interagency protocols to enhance investigations; and

(B) improving legal preparation and representation, including -

(i) procedures for appealing and responding to appeals of

substantiated reports of abuse and neglect; and

(ii) provisions for the appointment of an individual

appointed to represent a child in judicial proceedings;

(3) case management and delivery of services provided to

children and their families;

(4) enhancing the general child protective system by improving

risk and safety assessment tools and protocols, automation

systems that support the program and track reports of child abuse

and neglect from intake through final disposition and information

referral systems;

(5) developing, strengthening, and facilitating training

opportunities and requirements for individuals overseeing and

providing services to children and their families through the

child protection system;

(6) developing and facilitating training protocols for

individuals mandated to report child abuse or neglect;

(7) developing, strengthening, and supporting child abuse and

neglect prevention, treatment, and research programs in the

public and private sectors;

(8) developing, implementing, or operating -

(A) information and education programs or training programs

designed to improve the provision of services to disabled

infants with life-threatening conditions for -

(i) professional and paraprofessional personnel concerned

with the welfare of disabled infants with life-threatening

conditions, including personnel employed in child protective

services programs and health-care facilities; and

(ii) the parents of such infants; and

(B) programs to assist in obtaining or coordinating necessary

services for families of disabled infants with life-threatening

conditions, including -

(i) existing social and health services;

(ii) financial assistance; and

(iii) services necessary to facilitate adoptive placement

of any such infants who have been relinquished for adoption;

or

(9) developing and enhancing the capacity of community-based

programs to integrate shared leadership strategies between

parents and professionals to prevent and treat child abuse and

neglect at the neighborhood level.

(b) Eligibility requirements

(1) State plan

(A) In general

To be eligible to receive a grant under this section, a State

shall, at the time of the initial grant application and every 5

years thereafter, prepare and submit to the Secretary a State

plan that specifies the areas of the child protective services

system described in subsection (a) of this section that the

State intends to address with amounts received under the grant.

(B) Additional requirement

After the submission of the initial grant application under

subparagraph (A), the State shall provide notice to the

Secretary of any substantive changes to any State law relating

to the prevention of child abuse and neglect that may affect

the eligibility of the State under this section.

(2) Coordination

A State plan submitted under paragraph (1) shall, to the

maximum extent practicable, be coordinated with the State plan

under part B of title IV of the Social Security Act [42 U.S.C.

620 et seq.] relating to child welfare services and family

preservation and family support services, and shall contain an

outline of the activities that the State intends to carry out

using amounts received under the grant to achieve the purposes of

this subchapter, including -

(A) an assurance in the form of a certification by the chief

executive officer of the State that the State has in effect and

is enforcing a State law, or has in effect and is operating a

Statewide program, relating to child abuse and neglect that

includes -

(i) provisions or procedures for the reporting of known and

suspected instances of child abuse and neglect;

(ii) procedures for the immediate screening, safety

assessment, and prompt investigation of such reports;

(iii) procedures for immediate steps to be taken to ensure

and protect the safety of the abused or neglected child and

of any other child under the same care who may also be in

danger of abuse or neglect and ensuring their placement in a

safe environment;

(iv) provisions for immunity from prosecution under State

and local laws and regulations for individuals making good

faith reports of suspected or known instances of child abuse

or neglect;

(v) methods to preserve the confidentiality of all records

in order to protect the rights of the child and of the

child's parents or guardians, including requirements ensuring

that reports and records made and maintained pursuant to the

purposes of this subchapter and subchapter III of this

chapter shall only be made available to -

(I) individuals who are the subject of the report;

(II) Federal, State, or local government entities, or any

agent of such entities, having a need for such information

in order to carry out its responsibilities under law to

protect children from abuse and neglect;

(III) child abuse citizen review panels;

(IV) child fatality review panels;

(V) a grand jury or court, upon a finding that

information in the record is necessary for the

determination of an issue before the court or grand jury;

and

(VI) other entities or classes of individuals statutorily

authorized by the State to receive such information

pursuant to a legitimate State purpose;

(vi) provisions which allow for public disclosure of the

findings or information about the case of child abuse or

neglect which has resulted in a child fatality or near

fatality;

(vii) the cooperation of State law enforcement officials,

court of competent jurisdiction, and appropriate State

agencies providing human services in the investigation,

assessment, prosecution, and treatment of child abuse or

neglect;

(viii) provisions requiring, and procedures in place that

facilitate the prompt expungement of any records that are

accessible to the general public or are used for purposes of

employment or other background checks in cases determined to

be unsubstantiated or false, except that nothing in this

section shall prevent State child protective services

agencies from keeping information on unsubstantiated reports

in their casework files to assist in future risk and safety

assessment;

(ix) provisions and procedures requiring that in every case

involving an abused or neglected child which results in a

judicial proceeding, a guardian ad litem, who may be an

attorney or a court appointed special advocate (or both),

shall be appointed to represent the child in such proceedings

-

(I) to obtain first-hand, a clear understanding of the

situation and needs of the child; and

(II) to make recommendations to the court concerning the

best interests of the child;

(x) the establishment of citizen review panels in

accordance with subsection (c);

(xi) provisions, procedures, and mechanisms to be effective

not later than 2 years after October 3, 1996 -

(I) for the expedited termination of parental rights in

the case of any infant determined to be abandoned under

State law; and

(II) by which individuals who disagree with an official

finding of abuse or neglect can appeal such finding;

(xii) provisions, procedures, and mechanisms to be

effective not later than 2 years after October 3, 1996, that

assure that the State does not require reunification of a

surviving child with a parent who has been found by a court

of competent jurisdiction -

(I) to have committed murder (which would have been an

offense under section 1111(a) of title 18 if the offense

had occurred in the special maritime or territorial

jurisdiction of the United States) of another child of such

parent;

(II) to have committed voluntary manslaughter (which

would have been an offense under section 1112(a) of title

18 if the offense had occurred in the special maritime or

territorial jurisdiction of the United States) of another

child of such parent;

(III) to have aided or abetted, attempted, conspired, or

solicited to commit such murder or voluntary manslaughter;

or

(IV) to have committed a felony assault that results in

the serious bodily injury to the surviving child or another

child of such parent; and

(xiii) an assurance that, upon the implementation by the

State of the provisions, procedures, and mechanisms under

clause (xii), conviction of any one of the felonies listed in

clause (xii) constitute grounds under State law for the

termination of parental rights of the convicted parent as to

the surviving children (although case-by-case determinations

of whether or not to seek termination of parental rights

shall be within the sole discretion of the State);

(B) an assurance that the State has in place procedures for

responding to the reporting of medical neglect (including

instances of withholding of medically indicated treatment from

disabled infants with life-threatening conditions), procedures

or programs, or both (within the State child protective

services system), to provide for -

(i) coordination and consultation with individuals

designated by and within appropriate health-care facilities;

(ii) prompt notification by individuals designated by and

within appropriate health-care facilities of cases of

suspected medical neglect (including instances of withholding

of medically indicated treatment from disabled infants with

life-threatening conditions); and

(iii) authority, under State law, for the State child

protective services system to pursue any legal remedies,

including the authority to initiate legal proceedings in a

court of competent jurisdiction, as may be necessary to

prevent the withholding of medically indicated treatment from

disabled infants with life threatening (!1) conditions;

(C) a description of -

(i) the services to be provided under the grant to

individuals, families, or communities, either directly or

through referrals aimed at preventing the occurrence of child

abuse and neglect;

(ii) the training to be provided under the grant to support

direct line and supervisory personnel in report taking,

screening, assessment, decision making, and referral for

investigating suspected instances of child abuse and neglect;

and

(iii) the training to be provided under the grant for

individuals who are required to report suspected cases of

child abuse and neglect; and

(D) an assurance or certification that the programs or

projects relating to child abuse and neglect carried out under

part B of title IV of the Social Security Act [42 U.S.C. 620 et

seq.] comply with the requirements set forth in paragraph (1)

and this paragraph.

(3) Limitation

With regard to clauses (v) and (vi) of paragraph (2)(A),

nothing in this section shall be construed as restricting the

ability of a State to refuse to disclose identifying information

concerning the individual initiating a report or complaint

alleging suspected instances of child abuse or neglect, except

that the State may not refuse such a disclosure where a court

orders such disclosure after such court has reviewed, in camera,

the record of the State related to the report or complaint and

has found it has reason to believe that the reporter knowingly

made a false report.

(4) Definitions

For purposes of this subsection -

(A) the term "near fatality" means an act that, as certified

by a physician, places the child in serious or critical

condition; and

(B) the term "serious bodily injury" means bodily injury

which involves substantial risk of death, extreme physical

pain, protracted and obvious disfigurement, or protracted loss

or impairment of the function of a bodily member, organ, or

mental faculty.

(c) Citizen review panels

(1) Establishment

(A) In general

Except as provided in subparagraph (B), each State to which a

grant is made under this section shall establish not less than

3 citizen review panels.

(B) Exceptions

(i) Establishment of panels by States receiving minimum

allotment

A State that receives the minimum allotment of $175,000

under section 5116b(b)(1)(A) of this title for a fiscal year

shall establish not less than 1 citizen review panel.

(ii) Designation of existing entities

A State may designate as panels for purposes of this

subsection one or more existing entities established under

State or Federal law, such as child fatality panels or foster

care review panels, if such entities have the capacity to

satisfy the requirements of paragraph (4) and the State

ensures that such entities will satisfy such requirements.

(2) Membership

Each panel established pursuant to paragraph (1) shall be

composed of volunteer members who are broadly representative of

the community in which such panel is established, including

members who have expertise in the prevention and treatment of

child abuse and neglect.

(3) Meetings

Each panel established pursuant to paragraph (1) shall meet not

less than once every 3 months.

(4) Functions

(A) In general

Each panel established pursuant to paragraph (1) shall, by

examining the policies and procedures of State and local

agencies and where appropriate, specific cases, evaluate the

extent to which the agencies are effectively discharging their

child protection responsibilities in accordance with -

(i) the State plan under subsection (b) of this section;

(ii) the child protection standards set forth in subsection

(b) of this section; and

(iii) any other criteria that the panel considers important

to ensure the protection of children, including -

(I) a review of the extent to which the State child

protective services system is coordinated with the foster

care and adoption programs established under part E of

title IV of the Social Security Act [42 U.S.C. 670 et

seq.]; and

(II) a review of child fatalities and near fatalities (as

defined in subsection (b)(4) of this section).

(B) Confidentiality

(i) In general

The members and staff of a panel established under

paragraph (1) -

(I) shall not disclose to any person or government

official any identifying information about any specific

child protection case with respect to which the panel is

provided information; and

(II) shall not make public other information unless

authorized by State statute.

(ii) Civil sanctions

Each State that establishes a panel pursuant to paragraph

(1) shall establish civil sanctions for a violation of clause

(i).

(5) State assistance

Each State that establishes a panel pursuant to paragraph (1) -

(A) shall provide the panel access to information on cases

that the panel desires to review if such information is

necessary for the panel to carry out its functions under

paragraph (4); and

(B) shall provide the panel, upon its request, staff

assistance for the performance of the duties of the panel.

(6) Reports

Each panel established under paragraph (1) shall prepare and

make available to the public, on an annual basis, a report

containing a summary of the activities of the panel.

(d) Annual State data reports

Each State to which a grant is made under this section shall

annually work with the Secretary to provide, to the maximum extent

practicable, a report that includes the following:

(1) The number of children who were reported to the State

during the year as abused or neglected.

(2) Of the number of children described in paragraph (1), the

number with respect to whom such reports were -

(A) substantiated;

(B) unsubstantiated; or

(C) determined to be false.

(3) Of the number of children described in paragraph (2) -

(A) the number that did not receive services during the year

under the State program funded under this section or an

equivalent State program;

(B) the number that received services during the year under

the State program funded under this section or an equivalent

State program; and

(C) the number that were removed from their families during

the year by disposition of the case.

(4) The number of families that received preventive services

from the State during the year.

(5) The number of deaths in the State during the year resulting

from child abuse or neglect.

(6) Of the number of children described in paragraph (5), the

number of such children who were in foster care.

(7) The number of child protective services workers responsible

for the intake and screening of reports filed in the previous

year.

(8) The agency response time with respect to each such report

with respect to initial investigation of reports of child abuse

or neglect.

(9) The response time with respect to the provision of services

to families and children where an allegation of abuse or neglect

has been made.

(10) The number of child protective services workers

responsible for intake, assessment, and investigation of child

abuse and neglect reports relative to the number of reports

investigated in the previous year.

(11) The number of children reunited with their families or

receiving family preservation services that, within five years,

result in subsequent substantiated reports of child abuse and

neglect, including the death of the child.

(12) The number of children for whom individuals were appointed

by the court to represent the best interests of such children and

the average number of out of court contacts between such

individuals and children.

(e) Annual report by Secretary

Within 6 months after receiving the State reports under

subsection (d) of this section, the Secretary shall prepare a

report based on information provided by the States for the fiscal

year under such subsection and shall make the report and such

information available to the Congress and the national

clearinghouse for information relating to child abuse.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 106, formerly Sec. 8, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 110;

renumbered title I, Sec. 107, Pub. L. 101-126, Sec. 3(a)(1), (2),

Oct. 25, 1989, 103 Stat. 764; amended Pub. L. 102-295, title I,

Sec. 114(a)-(c), May 28, 1992, 106 Stat. 192, 195; Pub. L. 102-586,

Sec. 9(b), Nov. 4, 1992, 106 Stat. 5037; renumbered Sec. 106 and

amended Pub. L. 104-235, title I, Secs. 107, 113(a)(1)(A), Oct. 3,

1996, 110 Stat. 3071, 3079.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsecs. (b)(2) and

(c)(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Parts B and E of title IV of the Act are classified generally to

part B (Sec. 620 et seq.) and part E (Sec. 670 et seq.),

respectively, of subchapter IV of chapter 7 of this title. For

complete classification of this Act to the Code, see section 1305

of this title and Tables.

-COD-

CODIFICATION

October 3, 1996, referred to in subsec. (b)(2)(A)(xi), (xii), was

in the original "the date of the enactment of this section", which

was translated as meaning the date of enactment of Pub. L. 104-235,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC1-

PRIOR PROVISIONS

A prior section 106 of Pub. L. 93-247 was renumbered section 105

and is classified to section 5106 of this title.

AMENDMENTS

1996 - Pub. L. 104-235 reenacted section catchline without change

and amended text generally, revising and restating subsecs. (a) and

(b), substituting provisions relating to citizen review panels for

provisions relating to State program plan in subsec. (c),

provisions relating to annual State data reports for provisions

relating to waivers in subsec. (d), provisions relating to annual

report by Secretary for provisions relating to reduction of funds

in case of failure to obligate in subsec. (e), and striking out

subsecs. (f) and (g) which related to child welfare services and

compliance and education grants, respectively.

1992 - Subsec. (a). Pub. L. 102-295, Sec. 114(a), amended subsec.

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

"The Secretary, through the Center, is authorized to make grants to

the States for purposes of assisting the States in developing,

strengthening, and carrying out child abuse and neglect prevention

and treatment programs."

Subsec. (b)(4). Pub. L. 102-586 amended par. (4) generally. Prior

to amendment, par. (4) read as follows: "provide for methods to

preserve the confidentiality of all records in order to protect the

rights of the child and of the child's parents or guardians;".

Subsec. (c). Pub. L. 102-295, Sec. 114(b), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 102-295, Sec. 114(b)(1), redesignated

subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Pub. L. 102-295, Sec. 114(c), which directed the

amendment of subsec. (d) by substituting "subsection (a) of this

section" for "this subsection" in provisions preceding subparagraph

(A), was executed by making the substitution the second place that

phrase appeared in introductory provisions of par. (1) of subsec.

(d) to reflect the probable intent of Congress.

Subsecs. (e) to (g). Pub. L. 102-295, Sec. 114(b)(1),

redesignated subsecs. (d) to (f) as (e) to (g), respectively.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 114(d) of Pub. L. 102-295, as amended by Pub. L. 103-171,

Sec. 9(a), Dec. 2, 1993, 107 Stat. 1994, provided that: "The

amendments described in subsections (a) and (b) [amending this

section] are made upon the date of the enactment of this Act [May

28, 1992]. Such amendments take effect on October 1 of the first

fiscal year for which $40,000,000 or more is made available under

subsection (a)(2)(B)(ii) of section 114 of the Child Abuse

Prevention and Treatment Act [section 5106h(a)(2)(B)(ii) of this

title] (as amended by section 117 of this Act). Prior to such

amendments taking effect, section 107(a) of the Child Abuse

Prevention and Treatment Act [subsec. (a) of this section], as in

effect on the day before the date of the enactment of this Act,

continues to be in effect."

[Pub. L. 103-171, Sec. 9(b), Dec. 2, 1993, 107 Stat. 1994,

provided that: "The amendments made by subsection (a) [amending

section 114(d) of Pub. L. 102-295, set out above] take effect on

September 30, 1993."]

CONGRESSIONAL FINDINGS

Section 9(a) of Pub. L. 102-586 provided that: "The Congress

finds that -

"(1) circumstances surrounding the death of a young boy named

Adam Mann in New York City prompted a shocking documentary

focusing on the inability of child protection services to protect

suffering children;

"(2) the documentary described in paragraph (1) showed the

serious need for systemic changes in our child welfare protection

system;

"(3) thorough, coordinated, and comprehensive investigation

will, it is hoped, lead to the prevention of abuse, neglect, or

death in the future;

"(4) an undue burden is placed on investigation due to strict

Federal and State laws and regulations regarding confidentiality;

"(5) while the Congress recognizes the importance of

maintaining the confidentiality of records pertaining to child

abuse, neglect, and death, often the purpose of confidentiality

laws and regulations are [sic] defeated when they have the effect

of protecting those responsible;

"(6) comprehensive and coordinated interagency communication

needs to be established, with adequate provisions to protect

against the public disclosure of any detrimental information need

to be established [sic];

"(7) certain States, including Georgia, North Carolina,

California, Missouri, Arizona, Minnesota, Oklahoma, and Oregon,

have taken steps to establish by statute interagency,

multidisciplinary fatality review teams to fully investigate

incidents of death believed to be caused by child abuse or

neglect;

"(8) teams such as those described in paragraph (7) should be

established in every State, and their scope of review should be

expanded to include egregious incidents of child abuse and

neglect before the child in question dies; and

"(9) teams such as those described in paragraph (7) will

increase the accountability of child protection services."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5106c, 5106h of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "life-threatening".

-End-

-CITE-

42 USC Sec. 5106a-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106a-1. Repealed. Pub. L. 103-252, title IV, Sec. 401(b)(2),

May 18, 1994, 108 Stat. 672

-MISC1-

Section, Pub. L. 93-247, title I, Sec. 107A, as added Pub. L.

101-226, Sec. 21, Dec. 12, 1989, 103 Stat. 1937; amended Pub. L.

102-295, title I, Sec. 115(a), May 28, 1992, 106 Stat. 195, related

to emergency child abuse prevention services grants.

-End-

-CITE-

42 USC Sec. 5106b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106b. Repealed. Pub. L. 104-235, title I, Sec. 108, Oct. 3,

1996, 110 Stat. 3078

-MISC1-

Section, Pub. L. 93-247, title I, Sec. 108, formerly Sec. 9, as

added Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat.

113; renumbered title I, Sec. 108, and amended Pub. L. 101-126,

Sec. 3(a)(1), (2), (b)(4), Oct. 25, 1989, 103 Stat. 764, 765,

related to technical assistance to States for child abuse

prevention and treatment programs.

-End-

-CITE-

42 USC Sec. 5106c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106c. Grants to States for programs relating to investigation

and prosecution of child abuse and neglect cases

-STATUTE-

(a) Grants to States

The Secretary, in consultation with the Attorney General, is

authorized to make grants to the States for the purpose of

assisting States in developing, establishing, and operating

programs designed to improve -

(1) the handling of child abuse and neglect cases, particularly

cases of child sexual abuse and exploitation, in a manner which

limits additional trauma to the child victim;

(2) the handling of cases of suspected child abuse or neglect

related fatalities; and

(3) the investigation and prosecution of cases of child abuse

and neglect, particularly child sexual abuse and exploitation.

(b) Eligibility requirements

In order for a State to qualify for assistance under this

section, such State shall -

(1) fulfill the requirements of section 5106a(b) (!1) of this

title;

(2) establish a task force as provided in subsection (c) of

this section;

(3) fulfill the requirements of subsection (d) of this section;

(4) submit annually an application to the Secretary at such

time and containing such information and assurances as the

Secretary considers necessary, including an assurance that the

State will -

(A) make such reports to the Secretary as may reasonably be

required; and

(B) maintain and provide access to records relating to

activities under subsections (a) and (b) of this section; and

(5) submit annually to the Secretary a report on the manner in

which assistance received under this program was expended

throughout the State, with particular attention focused on the

areas described in paragraphs (1) through (3) of subsection (a)

of this section.

(c) State task forces

(1) General rule

Except as provided in paragraph (2), a State requesting

assistance under this section shall establish or designate, and

maintain, a State multidisciplinary task force on children's

justice (hereinafter referred to as "State task force") composed

of professionals with knowledge and experience relating to the

criminal justice system and issues of child physical abuse, child

neglect, child sexual abuse and exploitation, and child

maltreatment related fatalities. The State task force shall

include -

(A) individuals representing the law enforcement community;

(B) judges and attorneys involved in both civil and criminal

court proceedings related to child abuse and neglect (including

individuals involved with the defense as well as the

prosecution of such cases);

(C) child advocates, including both attorneys for children

and, where such programs are in operation, court appointed

special advocates;

(D) health and mental health professionals;

(E) individuals representing child protective service

agencies;

(F) individuals experienced in working with children with

disabilities;

(G) parents; and

(H) representatives of parents' groups.

(2) Existing task force

As determined by the Secretary, a State commission or task

force established after January 1, 1983, with substantially

comparable membership and functions, may be considered the State

task force for purposes of this subsection.

(d) State task force study

Before a State receives assistance under this section, and at

three year intervals thereafter, the State task force shall

comprehensively -

(1) review and evaluate State investigative, administrative and

both civil and criminal judicial handling of cases of child abuse

and neglect, particularly child sexual abuse and exploitation, as

well as cases involving suspected child maltreatment related

fatalities and cases involving a potential combination of

jurisdictions, such as interstate, Federal-State, and

State-Tribal; and

(2) make policy and training recommendations in each of the

categories described in subsection (e) of this section.

The task force may make such other comments and recommendations as

are considered relevant and useful.

(e) Adoption of State task force recommendations

(1) General rule

Subject to the provisions of paragraph (2), before a State

receives assistance under this section, a State shall adopt

recommendations of the State task force in each of the following

categories -

(A) investigative, administrative, and judicial handling of

cases of child abuse and neglect, particularly child sexual

abuse and exploitation, as well as cases involving suspected

child maltreatment related fatalities and cases involving a

potential combination of jurisdictions, such as interstate,

Federal-State, and State-Tribal, in a manner which reduces the

additional trauma to the child victim and the victim's family

and which also ensures procedural fairness to the accused;

(B) experimental, model and demonstration programs for

testing innovative approaches and techniques which may improve

the prompt and successful resolution of civil and criminal

court proceedings or enhance the effectiveness of judicial and

administrative action in child abuse and neglect cases,

particularly child sexual abuse and exploitation cases,

including the enhancement of performance of court-appointed

attorneys and guardians ad litem for children, and which also

ensure procedural fairness to the accused; and

(C) reform of State laws, ordinances, regulations, protocols

and procedures to provide comprehensive protection for children

from abuse, particularly child sexual abuse and exploitation,

while ensuring fairness to all affected persons.

(2) Exemption

As determined by the Secretary, a State shall be considered to

be in fulfillment of the requirements of this subsection if -

(A) the State adopts an alternative to the recommendations of

the State task force, which carries out the purpose of this

section, in each of the categories under paragraph (1) for

which the State task force's recommendations are not adopted;

or

(B) the State is making substantial progress toward adopting

recommendations of the State task force or a comparable

alternative to such recommendations.

(f) Funds available

For grants under this section, the Secretary shall use the amount

authorized by section 10603a of this title.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 107, formerly Sec. 10, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 113;

renumbered title I, Sec. 109, and amended Pub. L. 101-126, Sec.

3(a)(1), (2), (b)(5), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L.

102-295, title I, Sec. 116(a), May 28, 1992, 106 Stat. 195;

renumbered Sec. 107 and amended Pub. L. 104-235, title I, Sec.

113(a)(1)(B), (2), Oct. 3, 1996, 110 Stat. 3079.)

-REFTEXT-

REFERENCES IN TEXT

Section 5106a(b) of this title, referred to in subsec. (b)(1),

was in the original a reference to section 107(b), meaning section

107(b) of Pub. L. 93-247. Section 107 of Pub. L. 93-247 was

renumbered section 106 by Pub. L. 104-235, title I, Sec.

113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3079. Section 109 of Pub. L.

93-247 was renumbered section 107 and is classified to this

section.

-MISC1-

PRIOR PROVISIONS

A prior section 107 of Pub. L. 93-247 was renumbered section 106

and is classified to section 5106a of this title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-235, Sec. 113(a)(2)(A),

substituted "The Secretary, in consultation" for "The Secretary,

acting through the Center and in consultation" in introductory

provisions.

Subsec. (b)(1). Pub. L. 104-235, Sec. 113(a)(2)(B), substituted

"section" for "sections".

Subsec. (c)(1). Pub. L. 104-235, Sec. 113(a)(2)(C), inserted

comma after "maintain" in introductory provisions and semicolon at

end of subpar. (F).

Subsec. (d)(1). Pub. L. 104-235, Sec. 113(a)(2)(D), inserted

"and" at end.

1992 - Pub. L. 102-295, Sec. 116(a)(1), in section catchline

inserted "and neglect" after "child abuse".

Subsec. (a). Pub. L. 102-295, Sec. 116(a)(2), added pars. (1) to

(3) and struck out former pars. (1) and (2) which read as follows:

"(1) the handling of child abuse cases, particularly cases of

child sexual abuse, in a manner which limits additional trauma to

the child victim; and

"(2) the investigation and prosecution of cases of child abuse,

particularly child sexual abuse."

Subsec. (b)(1). Pub. L. 102-295, Sec. 116(a)(3)(A), substituted

"sections 5106a(b) of this title" for "sections 5106a(b) and

5106a(e) of this title or receive a waiver under section 5106a(c)

of this title".

Subsec. (b)(4). Pub. L. 102-295, Sec. 116(a)(3)(C), inserted

"annually" after "submit".

Subsec. (b)(5). Pub. L. 102-295, Sec. 116(a)(3)(B), (D), added

par. (5).

Subsec. (c)(1). Pub. L. 102-295, Sec. 116(a)(4), in introductory

provisions inserted ", and maintain" after "designate" and

substituted "child physical abuse, child neglect, child sexual

abuse and exploitation, and child maltreatment related fatalities"

for "child abuse", in subpar. (B) substituted "judges and attorneys

involved in both civil and criminal court proceedings related to

child abuse and neglect" for "judicial and legal officers", in

subpar. (C) inserted ", including both attorneys for children and,

where such programs are in operation, court appointed special

advocates", and in subpar. (F) substituted "disabilities" for

"handicaps;".

Subsec. (d). Pub. L. 102-295, Sec. 116(a)(5), in introductory

provisions substituted "and at three year intervals thereafter, the

State task force shall comprehensively" for "the State task force

shall", in par. (1) substituted "both civil and criminal judicial

handling of cases of child abuse and neglect, particularly child

sexual abuse and exploitation, as well as cases involving suspected

child maltreatment related fatalities and cases involving a

potential combination of jurisdictions, such as interstate,

Federal-State, and State-Tribal;" for "judicial handling of cases

of child abuse, particularly child sexual abuse; and" and in par.

(2) inserted "policy and training" before "recommendations".

Subsec. (e)(1)(A). Pub. L. 102-295, Sec. 116(a)(6)(A),

substituted "child abuse and neglect, particularly child sexual

abuse and exploitation, as well as cases involving suspected child

maltreatment related fatalities and cases involving a potential

combination of jurisdictions, such as interstate, Federal-State,

and State-Tribal, in a manner which reduces the additional trauma

to the child victim and the victim's family" for "child abuse,

particularly child sexual abuse cases, in a manner which reduces

the additional trauma to the child victim".

Subsec. (e)(1)(B). Pub. L. 102-295, Sec. 116(a)(6)(B), which

directed substitution of "improve the prompt and successful

resolution of civil and criminal court proceedings or enhance the

effectiveness of judicial and administrative action in child abuse

and neglect cases, particularly child sexual abuse and exploitation

cases, including the enhancement of performance of court-appointed

attorneys and guardians ad litem for children" for "improve the

rate" and all that followed through "abuse cases", was executed by

making the substitution for "improve the rate of successful

prosecution or enhance the effectiveness of judicial and

administrative action in child abuse cases, particularly child

sexual abuse cases" to reflect the probable intent of Congress and

the fact that "abuse cases" appeared twice.

Subsec. (e)(1)(C). Pub. L. 102-295, Sec. 116(a)(6)(C), inserted

", protocols" after "regulations" and "and exploitation" after

"sexual abuse".

1989 - Subsec. (b)(1). Pub. L. 101-126, Sec. 3(b)(5), made

technical amendments to references to section 5106a of this title

to reflect renumbering of corresponding section of original act.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5106f, 10603a of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5106d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106d. Miscellaneous requirements relating to assistance

-STATUTE-

(a) Construction of facilities

(1) Restriction on use of funds

Assistance provided under this subchapter and subchapter III of

this chapter may not be used for construction of facilities.

(2) Lease, rental, or repair

The Secretary may authorize the use of funds received under

this subchapter and subchapter III of this chapter -

(A) where adequate facilities are not otherwise available,

for the lease or rental of facilities; or

(B) for the repair or minor remodeling or alteration of

existing facilities.

(b) Geographical distribution

The Secretary shall establish criteria designed to achieve

equitable distribution of assistance under this subchapter and

subchapter III of this chapter among the States, among geographic

areas of the Nation, and among rural and urban areas of the Nation.

To the extent possible, the Secretary shall ensure that the

citizens of each State receive assistance from at least one project

under this subchapter and subchapter III of this chapter.

(c) Limitation

No funds appropriated for any grant or contract pursuant to

authorizations made in this subchapter and subchapter III of this

chapter may be used for any purpose other than that for which such

funds were authorized to be appropriated.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 108, formerly Sec. 11, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 115;

renumbered title I, Sec. 110, Pub. L. 101-126, Sec. 3(a)(1), (2),

Oct. 25, 1989, 103 Stat. 764; renumbered Sec. 108 and amended Pub.

L. 104-235, title I, Secs. 109, 113(a)(1)(B), Oct. 3, 1996, 110

Stat. 3078, 3079.)

-MISC1-

PRIOR PROVISIONS

A prior section 108 of Pub. L. 93-247 was classified to section

5106b of this title prior to repeal by Pub. L. 104-235.

AMENDMENTS

1996 - Subsecs. (c), (d). Pub. L. 104-235 redesignated subsec.

(d) as (c) and struck out heading and text of former subsec. (c).

Text read as follows: "The Secretary, in consultation with the task

force and the board, shall ensure that a majority share of

assistance under this subchapter and subchapters III and V of this

chapter is available for discretionary research and demonstration

grants."

-End-

-CITE-

42 USC Sec. 5106e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106e. Coordination of child abuse and neglect programs

-STATUTE-

The Secretary shall prescribe regulations and make such

arrangements as may be necessary or appropriate to ensure that

there is effective coordination among programs related to child

abuse and neglect under this subchapter and subchapter III of this

chapter and other such programs which are assisted by Federal

funds.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 109, formerly Sec. 12, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 116;

renumbered title I, Sec. 111, Pub. L. 101-126, Sec. 3(a)(1), (2),

Oct. 25, 1989, 103 Stat. 764; renumbered Sec. 109, Pub. L. 104-235,

title I, Sec. 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3079.)

-MISC1-

PRIOR PROVISIONS

A prior section 109 of Pub. L. 93-247 was renumbered section 107

and is classified to section 5106c of this title.

-End-

-CITE-

42 USC Sec. 5106f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106f. Reports

-STATUTE-

(a) Omitted

(b) Effectiveness of State programs

Not later than two years after the first fiscal year for which

funds are obligated under section 10603a of this title, the

Secretary shall submit to the appropriate committees of Congress a

report evaluating the effectiveness of assisted programs in

achieving the objectives of section 5106c of this title.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 110, formerly Sec. 13, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 116;

renumbered title I, Sec. 112, and amended Pub. L. 101-126, Sec.

3(a)(1), (2), (b)(6), Oct. 25, 1989, 103 Stat. 764, 765; renumbered

Sec. 110 and amended Pub. L. 104-235, title I, Sec. 113(a)(1)(B),

(3), Oct. 3, 1996, 110 Stat. 3079.)

-COD-

CODIFICATION

Subsec. (a) of this section, which required the Secretary to

submit to the appropriate committees of Congress a biennial report

on efforts to coordinate the objectives and activities of agencies

and organizations which are responsible for programs and activities

related to child abuse and neglect, terminated, effective May 15,

2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set

out as a note under section 1113 of Title 31, Money and Finance.

See, also, item 9 on page 100 of House Document No. 103-7.

-MISC1-

PRIOR PROVISIONS

A prior section 110 of Pub. L. 93-247 was renumbered section 108

and is classified to section 5106d of this title.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-235 substituted "effectiveness of

assisted programs in achieving the objectives of section 5106c of

this title" for "effectiveness of -

"(1) assisted programs in achieving the objectives of section

5106c of this title; and

"(2) the technical assistance provided under section 5106b of

this title".

1989 - Subsec. (b). Pub. L. 101-126, Sec. 3(b)(6), made technical

amendments to references to sections 5106b and 5106c of this title

to reflect renumbering of corresponding sections of original act.

-End-

-CITE-

42 USC Sec. 5106f-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106f-1. Report concerning voluntary reporting system

-STATUTE-

Not later than April 30, 1993, and annually thereafter, the

Secretary of Health and Human Services, acting through the Director

of the National Center on Child Abuse and Neglect, shall prepare

and submit to the appropriate committees of Congress a report

concerning the measures being taken to assist States in

implementing a voluntary reporting system for child abuse and

neglect. Such reports shall contain information concerning the

extent to which the child abuse and neglect reporting systems

developed by the States are coordinated with the automated foster

care and adoption reporting system required under section 679 of

this title.

-SOURCE-

(Pub. L. 102-295, title I, Sec. 142, May 28, 1992, 106 Stat. 200.)

-COD-

CODIFICATION

Section was enacted as part of the Child Abuse, Domestic

Violence, Adoption and Family Services Act of 1992, and not as part

of title I of the Child Abuse Prevention and Treatment Act which

comprises this subchapter.

-End-

-CITE-

42 USC Sec. 5106g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106g. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "child" means a person who has not attained the

lesser of -

(A) the age of 18; or

(B) except in the case of sexual abuse, the age specified by

the child protection law of the State in which the child

resides;

(2) the term "child abuse and neglect" means, at a minimum, any

recent act or failure to act on the part of a parent or

caretaker, which results in death, serious physical or emotional

harm, sexual abuse or exploitation, or an act or failure to act

which presents an imminent risk of serious harm;

(3) the term "Secretary" means the Secretary of Health and

Human Services;

(4) the term "sexual abuse" includes -

(A) the employment, use, persuasion, inducement, enticement,

or coercion of any child to engage in, or assist any other

person to engage in, any sexually explicit conduct or

simulation of such conduct for the purpose of producing a

visual depiction of such conduct; or

(B) the rape, and in cases of caretaker or inter-familial

relationships, statutory rape, molestation, prostitution, or

other form of sexual exploitation of children, or incest with

children;

(5) the term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, and the Trust Territory of the Pacific Islands;

(6) the term "withholding of medically indicated treatment"

means the failure to respond to the infant's life-threatening

conditions by providing treatment (including appropriate

nutrition, hydration, and medication) which, in the treating

physician's or physicians' reasonable medical judgment, will be

most likely to be effective in ameliorating or correcting all

such conditions, except that the term does not include the

failure to provide treatment (other than appropriate nutrition,

hydration, or medication) to an infant when, in the treating

physician's or physicians' reasonable medical judgment -

(A) the infant is chronically and irreversibly comatose;

(B) the provision of such treatment would -

(i) merely prolong dying;

(ii) not be effective in ameliorating or correcting all of

the infant's life-threatening conditions; or

(iii) otherwise be futile in terms of the survival of the

infant; or

(C) the provision of such treatment would be virtually futile

in terms of the survival of the infant and the treatment itself

under such circumstances would be inhumane.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 111, formerly Sec. 14, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 116;

renumbered title I, Sec. 113, and amended Pub. L. 101-126, Sec.

3(a)(1), (2), (b)(7), Oct. 25, 1989, 103 Stat. 764, 765; renumbered

Sec. 111 and amended Pub. L. 104-235, title I, Secs. 110,

113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079.)

-MISC1-

PRIOR PROVISIONS

A prior section 111 of Pub. L. 93-247 was renumbered section 109

and is classified to section 5106e of this title.

AMENDMENTS

1996 - Par. (1). Pub. L. 104-235, Sec. 110(1), (2)(A),

redesignated par. (3) as (1) and struck out former par. (1) which

read as follows: "the term 'board' means the Advisory Board on

Child Abuse and Neglect established under section 5102 of this

title;".

Par. (2). Pub. L. 104-235, Sec. 110(2)(A), (3), redesignated par.

(4) as (2) and amended it generally. Prior to amendment, par. (2)

read as follows: "the term 'child abuse and neglect' means the

physical or mental injury, sexual abuse or exploitation, negligent

treatment, or maltreatment of a child by a person who is

responsible for the child's welfare, under circumstances which

indicate that the child's health or welfare is harmed or threatened

thereby, as determined in accordance with regulations prescribed by

the Secretary;".

Pub. L. 104-235, Sec. 110(1) struck out par. (2) which read as

follows: "the term 'Center' means the National Center on Child

Abuse and Neglect established under section 5101 of this title;".

Par. (3). Pub. L. 104-235, Sec. 110(2)(A), redesignated par. (6)

as (3). Former par. (3) redesignated (1).

Par. (4). Pub. L. 104-235, Sec. 110(2)(A), (4), redesignated par.

(7) as (4) and in subpar. (B) inserted ", and in cases of caretaker

or inter-familial relationships, statutory rape" after "rape".

Former par. (4) redesignated (2).

Par. (5). Pub. L. 104-235, Sec. 110(1), (2)(A), redesignated par.

(8) as (5) and struck out former par. (5) which read as follows:

"the term 'person who is responsible for the child's welfare'

includes -

"(A) any employee of a residential facility; and

"(B) any staff person providing out-of-home care;".

Par. (6). Pub. L. 104-235, Sec. 110(2)(B), redesignated par. (10)

as (6). Former par. (6) redesignated (3).

Pars. (7), (8). Pub. L. 104-235, Sec. 110(2)(A), redesignated

pars. (7) and (8) as (4) and (5), respectively.

Par. (9). Pub. L. 104-235, Sec. 110(1), struck out par. (9) which

read as follows: "the term 'task force' means the Inter-Agency Task

Force on Child Abuse and Neglect established under section 5103 of

this title; and".

Par. (10). Pub. L. 104-235, Sec. 110(2)(B), redesignated par.

(10) as (6).

1989 - Pub. L. 101-126, Sec. 3(b)(7)(A), made technical amendment

to reference to this subchapter to reflect the insertion of title

designations in the original act.

Pars. (1), (2), (9). Pub. L. 101-126, Sec. 3(b)(7)(B)-(D), made

technical amendments to references to sections 5101, 5102, and 5103

of this title to reflect renumbering of corresponding sections of

original act.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

42 USC Sec. 5106h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106h. Authorization of appropriations

-STATUTE-

(a) In general

(1) General authorization

There are authorized to be appropriated to carry out this

subchapter, $100,000,000 for fiscal year 1997, and such sums as

may be necessary for each of the fiscal years 1998 through 2001.

(2) Discretionary activities

(A) In general

Of the amounts appropriated for a fiscal year under paragraph

(1), the Secretary shall make available 30 percent of such

amounts to fund discretionary activities under this subchapter.

(B) Demonstration projects

Of the amounts made available for a fiscal year under

subparagraph (A), the Secretary make (!1) available not more

than 40 percent of such amounts to carry out section 5106a of

this title.

(b) Availability of funds without fiscal year limitation

The Secretary shall ensure that funds appropriated pursuant to

authorizations in this subchapter shall remain available until

expended for the purposes for which they were appropriated.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 112, formerly Sec. 15, as added Pub.

L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 117;

renumbered title I, Sec. 114, and amended Pub. L. 101-126, Sec.

3(a)(1), (2), (b)(8), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L.

102-295, title I, Sec. 117(a), May 28, 1992, 106 Stat. 197;

renumbered Sec. 112 and amended Pub. L. 104-235, title I, Secs.

111, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079.)

-MISC1-

PRIOR PROVISIONS

A prior section 112 of Pub. L. 93-247 was renumbered section 110

and is classified to section 5106f of this title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-235 amended heading and text of

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

"(1) Authorization. - There are authorized to be appropriated to

carry out this subchapter, except for section 5106a-1 of this

title, $100,000,000 for fiscal year 1992, and such sums as may be

necessary for each of the fiscal years 1993 through 1995.

"(2) Allocations. -

"(A) Of the amounts appropriated under paragraph (1) for a

fiscal year, $5,000,000 shall be available for the purpose of

making additional grants to the States to carry out the

provisions of section 5106a(g) of this title.

"(B) Of the amounts appropriated under paragraph (1) for a

fiscal year and available after compliance with subparagraph (A)

-

"(i) 33 1/3 percent shall be available for activities under

sections 5104, 5105, and 5106 of this title; and

"(ii) 66 2/3 percent of such amounts shall be made available

in each such fiscal year for activities under sections 5106a

and 5106b of this title."

1992 - Subsec. (a). Pub. L. 102-295 amended subsec. (a)

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

are authorized to be appropriated for purposes of carrying out this

subchapter $48,000,000 for fiscal year 1988, and such sums as may

be necessary for fiscal years 1989, 1990, and 1991. Of the funds

appropriated for any fiscal year under this section, except as

provided in the succeeding sentence (1)(A) $11,000,000 shall be

available for activities under sections 5104, 5105, and 5106 of

this title, and (B), $9,000,000 shall be available in each fiscal

year for activities under sections 5106a(a) and 5106b of this

title, giving special consideration to continued funding of child

abuse and neglect programs or projects (previously funded by the

Department of Health and Human Services) of national or regional

scope and demonstrated effectiveness, (2) $5,000,000 shall be

available in each such year for grants and contracts under section

5106(a) of this title, for identification, treatment, and

prevention of sexual abuse, and (3) $5,000,000 shall be available

in each such year for the purpose of making additional grants to

the States to carry out the provisions of section 5106a(f) of this

title. With respect to any fiscal year in which the total amount

appropriated under this section is less than $30,000,000, no less

than $20,000,000 of the funds appropriated in such fiscal year

shall be available as provided in clause (1) in the preceding

sentence and of the remainder, one-half shall be available as

provided for in clause (2) and one-half as provided for in clause

(3) in the preceding sentence."

1989 - Pub. L. 101-126, Sec. 3(b)(8), made technical amendments

to references to this subchapter and to sections 5104, 5105, 5106,

5106a, and 5106b of this title to reflect the insertion of title

designations and renumbering of corresponding sections in original

act.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 117(b) of Pub. L. 102-295 provided that: "Paragraph (2)

of section 114(a) [42 U.S.C. 5106h(a)(2)], as amended by subsection

(a), shall become effective on October 1 of the first fiscal year

for which $30,000,000 or more would be available under subsection

(a)(2)(B)(ii) of such section 114 (if such subsection were in

effect), and until such fiscal year, the second and third sentences

of section 114(a) [see 1992 Amendment note above] (as in effect

prior to the amendment made by such subsection (a)) shall continue

in effect."

-FOOTNOTE-

(!1) So in original. Probably should be "shall make".

-End-

-CITE-

42 USC Sec. 5106i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5106i. Rule of construction

-STATUTE-

(a) In general

Nothing in this subchapter and subchapter III of this chapter

shall be construed -

(1) as establishing a Federal requirement that a parent or

legal guardian provide a child any medical service or treatment

against the religious beliefs of the parent or legal guardian;

and

(2) to require that a State find, or to prohibit a State from

finding, abuse or neglect in cases in which a parent or legal

guardian relies solely or partially upon spiritual means rather

than medical treatment, in accordance with the religious beliefs

of the parent or legal guardian.

(b) State requirement

Notwithstanding subsection (a) of this section, a State shall, at

a minimum, have in place authority under State law to permit the

child protective services system of the State to pursue any legal

remedies, including the authority to initiate legal proceedings in

a court of competent jurisdiction, to provide medical care or

treatment for a child when such care or treatment is necessary to

prevent or remedy serious harm to the child, or to prevent the

withholding of medically indicated treatment from children with

life threatening conditions. Except with respect to the withholding

of medically indicated treatments from disabled infants with life

threatening conditions, case by case determinations concerning the

exercise of the authority of this subsection shall be within the

sole discretion of the State.

-SOURCE-

(Pub. L. 93-247, title I, Sec. 113, formerly Sec. 115, as added and

renumbered Sec. 113, Pub. L. 104-235, title I, Secs. 112,

113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079.)

-End-

-CITE-

42 USC Sec. 5107 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER I - GENERAL PROGRAM

-HEAD-

Sec. 5107. Discretionary programs; authorization of appropriations

-STATUTE-

(a)(1) The Secretary of Health and Human Services, either

directly, through grants to States and public and private,

nonprofit organizations and agencies, or through jointly financed

cooperative arrangements with States, public agencies, and other

agencies and organizations, is authorized to provide for activities

of national significance related to child abuse prevention and

treatment and adoption reform, including operation of a national

center to collect and disseminate information regarding child abuse

and neglect, and operation of a national adoption information

exchange system to facilitate the adoptive placement of children.

(2) The Secretary, in carrying out the provisions of this

subsection, shall provide for the continued operation of the

National Center on Child Abuse and Neglect in accordance with

section 5101(a) of this title for each of the fiscal years 1982 and

1983.

(3) If the Secretary determines, in fiscal year 1982 or 1983, to

carry out any of the activities described in section 5101(b) of

this title, the Secretary shall carry out such activities through

the National Center on Child Abuse and Neglect.

(b) There is authorized to be appropriated to carry out this

section $12,000,000 for each of the fiscal years 1982 and 1983. Of

the amounts appropriated under this subsection for any fiscal year,

not less than $2,000,000 shall be available to carry out title II

of the Child Abuse Prevention and Treatment and Adoption Reform Act

of 1978 [42 U.S.C. 5111 et seq.].

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 610, Aug. 13, 1981, 95 Stat. 488.)

-REFTEXT-

REFERENCES IN TEXT

The Child Abuse Prevention and Treatment and Adoption Reform Act

of 1978, referred to in subsec. (b), is Pub. L. 95-266, Apr. 24,

1978, 92 Stat. 205, as amended. Title II of the Child Abuse

Prevention and Treatment and Adoption Reform Act of 1978 is

classified generally to subchapter II (Sec. 5111 et seq.) of this

chapter. For complete classification of this Act to the Code, see

Short Title of 1978 Amendment note set out under section 5101 of

this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Budget Reconciliation

Act of 1981, and not as part of title I of the Child Abuse

Prevention and Treatment Act which comprises this subchapter.

-End-

-CITE-

42 USC SUBCHAPTER II - ADOPTION OPPORTUNITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5107 of this title.

-End-

-CITE-

42 USC Sec. 5111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

Sec. 5111. Congressional findings and declaration of purpose

-STATUTE-

(a) Findings

Congress finds that -

(1) the number of children in substitute care increased by

nearly 61 percent between 1986 and 1994, as our Nation's foster

care population included more than 452,000 as of June 1994;

(2) increasingly children entering foster care have complex

problems which require intensive services;

(3) an increasing number of infants are born to mothers who did

not receive prenatal care, are born addicted to alcohol and other

drugs, and exposed to infection with the etiologic agent for the

human immunodeficiency virus, are medically fragile, and

technology dependent;

(4) the welfare of thousands of children in institutions and

foster homes and disabled infants with life-threatening

conditions may be in serious jeopardy and some such children are

in need of placement in permanent, adoptive homes;

(5) many thousands of children remain in institutions or foster

homes solely because of legal and other barriers to their

placement in permanent, adoptive homes;

(6) the majority of such children are of school age, members of

sibling groups or disabled;

(7)(A) currently, 40,000 children are free for adoption and

awaiting placement;

(B) such children are typically school aged, in sibling groups,

have experienced neglect or abuse, or have a physical, mental, or

emotional disability; and

(C) while the children are of all races, children of color and

older children (over the age of 10) are over represented in such

group;

(8) adoption may be the best alternative for assuring the

healthy development of such children;

(9) there are qualified persons seeking to adopt such children

who are unable to do so because of barriers to their placement;

and

(10) in order both to enhance the stability and love of the

child's home environment and to avoid wasteful expenditures of

public funds, such children should not have medically indicated

treatment withheld from them nor be maintained in foster care or

institutions when adoption is appropriate and families can be

found for such children.

(b) Purpose

It is the purpose of this subchapter to facilitate the

elimination of barriers to adoption and to provide permanent and

loving home environments for children who would benefit from

adoption, particularly children with special needs, including

disabled infants with life-threatening conditions, by providing a

mechanism to -

(1) promote quality standards for adoption services,

pre-placement, post-placement, and post-legal adoption

counseling, and standards to protect the rights of children in

need of adoption;

(2) maintain a national adoption information exchange system to

bring together children who would benefit from adoption and

qualified prospective adoptive parents who are seeking such

children, and conduct national recruitment efforts in order to

reach prospective parents for children awaiting adoption; and

(3) demonstrate expeditious ways to free children for adoption

for whom it has been determined that adoption is the appropriate

plan.

-SOURCE-

(Pub. L. 95-266, title II, Sec. 201, Apr. 24, 1978, 92 Stat. 208;

Pub. L. 98-457, title II, Sec. 201, Oct. 9, 1984, 98 Stat. 1755;

Pub. L. 102-295, title IV, Sec. 401, May 28, 1992, 106 Stat. 211;

Pub. L. 104-235, title II, Sec. 211, Oct. 3, 1996, 110 Stat. 3090.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-235, Sec. 211(1)(A),

substituted "61 percent between 1986 and 1994" for "50 percent

between 1985 and 1990" and "452,000 as of June 1994" for "400,000

children at the end of June, 1990".

Subsec. (a)(5). Pub. L. 104-235, Sec. 211(1)(B), substituted

"legal" for "local".

Subsec. (a)(7). Pub. L. 104-235, Sec. 211(1)(C), amended par. (7)

generally. Prior to amendment, par. (7) read as follows: "currently

one-half of children free for adoption and awaiting placement are

minorities;".

Subsec. (b). Pub. L. 104-235, Sec. 211(2), substituted

"conditions, by providing a mechanism to - " for "conditions, by -

"(1) promoting model adoption legislation and procedures in the

States and territories of the United States in order to eliminate

jurisdictional and legal obstacles to adoption; and

"(2) providing a mechanism for the Department of Health and

Human Services to - ",

redesignated subpars. (A) to (C) of former par. (2) as pars. (1) to

(3), respectively, and realigned margins.

1992 - Pub. L. 102-295 amended section generally, designating

existing provisions as subsecs. (a) and (b), inserting findings

relating to the number of children in substitute care, foster care

children with complex problems which require intensive services,

infants born without prenatal care, addicted to alcohol or other

drugs, or exposed to infection with the etiologic agent for human

immunodeficiency virus, and percentage of children awaiting

adoption who are minorities, inserting as purposes of this

subchapter to provide a mechanism to recruit prospective parents

for children awaiting adoption and to demonstrate expeditious ways

to free children for adoption, and striking out as a purpose to

provide a mechanism to coordinate with Federal departments and

agencies to provide national adoption and foster care information

data-gathering and analysis system.

1984 - Pub. L. 98-457, Sec. 201(a), (b)(1), in provisions before

par. (1), inserted "the welfare of thousands of children in

institutions and foster homes and disabled infants with

life-threatening conditions may be in serious jeopardy and that

some such children are in need of placement in permanent, adoptive

homes, that" and substituted "should not have medically indicated

treatment withheld from them, nor be maintained in foster care" for

"should not be maintained in foster care" and "children with

special needs, including disabled infants with life-threatening

conditions, by" for "children with special needs by".

Par. (2). Pub. L. 98-457, Sec. 201(b)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "providing

a mechanism for the Department of Health and Human Services to (A)

promote quality standards for adoption services (including

pre-placement, post-placement, and post-adoption counseling and

standards to protect the rights of children in need of adoption),

and (B) provide for a national adoption and foster care information

data gathering and analysis system and a national adoption

information exchange system to bring together children who would

benefit by adoption and qualified prospective adoptive parents who

are seeking such children."

STUDY OF INTERJURISDICTIONAL ADOPTION ISSUES

Pub. L. 105-89, title II, Sec. 202(c), Nov. 19, 1997, 111 Stat.

2126, provided that:

"(1) In general. - The Comptroller General of the United States

shall -

"(A) study and consider how to improve procedures and policies

to facilitate the timely and permanent adoptions of children

across State and county jurisdictions; and

"(B) examine, at a minimum, interjurisdictional adoption issues

-

"(i) concerning the recruitment of prospective adoptive

families from other States and counties;

"(ii) concerning the procedures to grant reciprocity to

prospective adoptive family home studies from other States and

counties;

"(iii) arising from a review of the comity and full faith and

credit provided to adoption decrees and termination of parental

rights orders from other States; and

"(iv) concerning the procedures related to the administration

and implementation of the Interstate Compact on the Placement

of Children.

"(2) Report to the congress. - Not later than 1 year after the

date of the enactment of this Act [Nov. 19, 1997], the Comptroller

General shall submit to the appropriate committees of the Congress

a report that includes -

"(A) the results of the study conducted under paragraph (1);

and

"(B) recommendations on how to improve procedures to facilitate

the interjurisdictional adoption of children, including

interstate and intercounty adoptions, so that children will be

assured timely and permanent placements."

-End-

-CITE-

42 USC Sec. 5112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

Sec. 5112. Repealed. Pub. L. 102-295, title IV, Sec. 402, May 28,

1992, 106 Stat. 213

-MISC1-

Section, Pub. L. 95-266, title II, Sec. 202, Apr. 24, 1978, 92

Stat. 208; Pub. L. 98-457, title II, Sec. 202, Oct. 9, 1984, 98

Stat. 1756, related to model adoption legislation and procedures.

-End-

-CITE-

42 USC Sec. 5113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

Sec. 5113. Information and service functions by appropriate

administrative arrangement

-STATUTE-

(a) Establishment in Department of Health and Human Services

The Secretary shall establish in the Department of Health and

Human Services an appropriate administrative arrangement to provide

a centralized focus for planning and coordinating of all

departmental activities affecting adoption and foster care and for

carrying out the provisions of this subchapter. The Secretary shall

make available such consultant services, on-site technical

assistance and personnel, together with appropriate administrative

expenses, including salaries and travel costs, as are necessary for

carrying out such purposes, including services to facilitate the

adoption of children with special needs and particularly of

disabled infants with life-threatening conditions and services to

couples considering adoption of children with special needs.

(b) Implementation authorities

In connection with carrying out the provisions of this

subchapter, the Secretary shall -

(1) conduct (directly or by grant to or contract with public or

private nonprofit agencies or organizations) an education and

training program on adoption, and prepare, publish, and

disseminate (directly or by grant to or contract with public or

private nonprofit agencies and organizations) to all interested

parties, public and private agencies and organizations

(including, but not limited to, hospitals, health care and family

planning clinics, and social services agencies), and governmental

bodies, information and education and training materials

regarding adoption and adoption assistance programs;

(2) conduct, directly or by grant or contract with public or

private nonprofit organizations, ongoing, extensive recruitment

efforts on a national level, develop national public awareness

efforts to unite children in need of adoption with appropriate

adoptive parents, and establish a coordinated referral system of

recruited families with appropriate State or regional adoption

resources to ensure that families are served in a timely fashion;

(3) notwithstanding any other provision of law, provide

(directly or by grant to or contract with public or private

nonprofit agencies or organizations) for (A) the operation of a

national adoption information exchange system (including only

such information as is necessary to facilitate the adoptive

placement of children, utilizing computers and data processing

methods to assist in the location of children who would benefit

by adoption and in the placement in adoptive homes of children

awaiting adoption); and (B) the coordination of such system with

similar State and regional systems;

(4) provide (directly or by grant to or contract with public or

private nonprofit agencies or organizations, including adoptive

family groups and minority groups) for the provision of technical

assistance in the planning, improving, developing, and carrying

out of programs and activities relating to adoption, and to

promote professional leadership training of minorities in the

adoption field;

(5) encourage involvement of corporations and small businesses

in supporting adoption as a positive family-strengthening option,

including the establishment of adoption benefit programs for

employees who adopt children;

(6) study the nature, scope, and effects of the placement of

children in kinship care arrangements, pre-adoptive, or adoptive

homes;

(7) study the efficacy of States contracting with public or

private nonprofit agencies (including community-based and other

organizations), or sectarian institutions for the recruitment of

potential adoptive and foster families and to provide assistance

in the placement of children for adoption;

(8) consult with other appropriate Federal departments and

agencies in order to promote maximum coordination of the services

and benefits provided under programs carried out by such

departments and agencies with those carried out by the Secretary,

and provide for the coordination of such aspects of all programs

within the Department of Health and Human Services relating to

adoption;

(9) maintain (directly or by grant to or contract with public

or private nonprofit agencies or organizations) a National

Resource Center for Special Needs Adoption to -

(A) promote professional leadership development of minorities

in the adoption field;

(B) provide training and technical assistance to service

providers and State agencies to improve professional competency

in the field of adoption and the adoption of children with

special needs; and

(C) facilitate the development of interdisciplinary

approaches to meet the needs of children who are waiting for

adoption and the needs of adoptive families; and

(10) provide (directly or by grant to or contract with States,

local government entities, public or private nonprofit licensed

child welfare or adoption agencies or adoptive family groups and

community-based organizations with experience in working with

minority populations) for the provision of programs aimed at

increasing the number of minority children (who are in foster

care and have the goal of adoption) placed in adoptive families,

with a special emphasis on recruitment of minority families -

(A) which may include such activities as -

(i) outreach, public education, or media campaigns to

inform the public of the needs and numbers of such children;

(ii) recruitment of prospective adoptive families for such

children;

(iii) expediting, where appropriate, the legal availability

of such children;

(iv) expediting, where appropriate, the agency assessment

of prospective adoptive families identified for such

children;

(v) formation of prospective adoptive family support

groups;

(vi) training of personnel of -

(I) public agencies;

(II) private nonprofit child welfare and adoption

agencies that are licensed by the State; and

(III) adoptive parents organizations and community-based

organizations with experience in working with minority

populations;

(vii) use of volunteers and adoptive parent groups; and

(viii) any other activities determined by the Secretary to

further the purposes of this subchapter; and

(B) shall be subject to the condition that such grants or

contracts may be renewed if documentation is provided to the

Secretary demonstrating that appropriate and sufficient

placements of such children have occurred during the previous

funding period.

(c) Post legal adoption services

(1) The Secretary shall provide (directly or by grant to or

contract with States, local government entities, public or private

nonprofit licensed child welfare or adoption agencies or adoptive

family groups) for the provision of post legal adoption services

for families who have adopted special needs children.

(2) Services provided under grants made under this subsection

shall supplement, not supplant, services from any other funds

available for the same general purposes, including -

(A) individual counseling;

(B) group counseling;

(C) family counseling;

(D) case management;

(E) training public agency adoption personnel, personnel of

private, nonprofit child welfare and adoption agencies licensed

by the State to provide adoption services, mental health services

professionals, and other support personnel to provide services

under this subsection;

(F) assistance to adoptive parent organizations; and

(G) assistance to support groups for adoptive parents, adopted

children, and siblings of adopted children.

(d) Placement of foster care children

(1) The Secretary shall make grants for improving State efforts

to increase the placement of foster care children legally free for

adoption, according to a pre-established plan and goals for

improvement. Grants funded by this section must include a strong

evaluation component which outlines the innovations used to improve

the placement of special needs children who are legally free for

adoption, and the successes and failures of the initiative. The

evaluations will be submitted to the Secretary who will compile the

results of projects funded by this section and submit a report to

the appropriate committees of Congress. The emphasis of this

program must focus on the improvement of the placement rate - not

the aggregate number of special needs children placed in permanent

homes. The Secretary, when reviewing grant applications (!1) shall

give priority to grantees who propose improvements designed to

continue in the absence of Federal funds.

(2)(A) Each State entering into an agreement under this

subsection shall submit an application to the Secretary that

describes the manner in which the State will use funds during the 3

fiscal years subsequent to the date of the application to

accomplish the purposes of this section. Such application shall be

in a form and manner determined to be appropriate by the Secretary.

Each application shall include verification of the placements

described in paragraph (1).

(B) The Secretary shall provide, directly or by grant to or

contract with public or private nonprofit agencies or organizations

-

(i) technical assistance and resource and referral information

to assist State or local governments with termination of parental

rights issues, in recruiting and retaining adoptive families, in

the successful placement of children with special needs, and in

the provision of pre- and post-placement services, including

post-legal adoption services; and

(ii) other assistance to help State and local governments

replicate successful adoption-related projects from other areas

in the United States.

(3)(A) Payments under this subsection shall begin during fiscal

year 1989. Payments under this section during any fiscal year shall

not exceed $1,000,000. No payment may be made under this subsection

unless an amount in excess of $5,000,000 is appropriated for such

fiscal year under section 5115(a) of this title.

(B) Any payment made to a State under this subsection which is

not used by such State for the purpose provided in paragraph (1)

during the fiscal year payment is made shall revert to the

Secretary on October 1st of the next fiscal year and shall be used

to carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 95-266, title II, Sec. 203, Apr. 24, 1978, 92 Stat. 209;

Pub. L. 98-457, title II, Sec. 203, Oct. 9, 1984, 98 Stat. 1756;

Pub. L. 100-294, title II, Sec. 202, Apr. 25, 1988, 102 Stat. 122;

Pub. L. 102-295, title IV, Sec. 403, May 28, 1992, 106 Stat. 213;

Pub. L. 104-235, title II, Sec. 212, Oct. 3, 1996, 110 Stat. 3090.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-235, Sec. 212(1), struck out at

end "The Secretary shall, not later than 12 months after May 28,

1992, prepare and submit to the committees of Congress having

jurisdiction over such services reports, as appropriate, containing

appropriate data concerning the manner in which activities were

carried out under this subchapter, and such reports shall be made

available to the public."

Subsec. (b)(6). Pub. L. 104-235, Sec. 212(2)(A), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "continue

to study the nature, scope, and effects of the placement of

children in adoptive homes (not including the homes of stepparents

or relatives of the child in question) by persons or agencies which

are not licensed by or subject to regulation by any governmental

entity;".

Subsec. (b)(7) to (10). Pub. L. 104-235, Sec. 212(2)(B), (C),

added par. (7) and redesignated former pars. (7) to (9) as (8) to

(10), respectively.

Subsec. (d)(2). Pub. L. 104-235, Sec. 212(3), designated existing

provisions as subpar. (A), substituted "that describes the manner

in which the State will use funds during the 3 fiscal years

subsequent to the date of the application to accomplish the

purposes of this section. Such application shall be" for "for each

fiscal year", and added subpar. (B).

1992 - Subsec. (a). Pub. L. 102-295, Sec. 403(1), inserted ",

on-site technical assistance" after "consultant services" and

"including salaries and travel costs," after "administrative

expenses," and inserted at end "The Secretary shall, not later than

12 months after May 28, 1992, prepare and submit to the committees

of Congress having jurisdiction over such services reports, as

appropriate, containing appropriate data concerning the manner in

which activities were carried out under this subchapter, and such

reports shall be made available to the public."

Subsec. (b)(1), (2). Pub. L. 102-295, Sec. 403(2)(A), (B), added

par. (2), redesignated former par. (2) as (1), and struck out

former par. (1) which read as follows: "provide (after consultation

with other appropriate Federal departments and agencies, including

the Bureau of the Census and appropriate State and local agencies)

for the establishment and operation of a Federal adoption and

foster care data-gathering and analysis system;".

Subsec. (b)(4). Pub. L. 102-295, Sec. 403(2)(C), inserted ", and

to promote professional leadership training of minorities in the

adoption field".

Subsec. (b)(8), (9). Pub. L. 102-295, Sec. 403(2)(D), added par.

(8) and redesignated former par. (8) as (9).

1988 - Subsec. (b)(8). Pub. L. 100-294, Sec. 202(a), added par.

(8).

Subsecs. (c), (d). Pub. L. 100-294, Sec. 202(b), (c), added

subsecs. (c) and (d).

1984 - Subsec. (a). Pub. L. 98-457, Sec. 203(a), (b)(1),

substituted "Health and Human Services" for "Health, Education, and

Welfare" and inserted provision requiring the Secretary to make

available services to facilitate the adoption of children with

special needs and particularly of disabled infants with

life-threatening conditions and services to couples considering

adoption of children with special needs.

Subsec. (b). Pub. L. 98-457, Sec. 203(c)(1), substituted "this

subchapter" for "subsection (a) of this section" in provisions

preceding par. (1).

Subsec. (b)(1). Pub. L. 98-457, Sec. 203(c)(2), substituted

"provide (after consultation with other appropriate Federal

departments and agencies, including the Bureau of the Census and

appropriate State and local agencies) for the establishment and

operation of a Federal adoption and foster care data-gathering and

analysis system" for "provide (directly or by grant to or contract

with public or private nonprofit agencies and organizations) for

the establishment and operation of a national adoption and foster

care data gathering and analysis system utilizing data collected by

States pursuant to requirements of law".

Subsec. (b)(4). Pub. L. 98-457, Sec. 203(c)(3)(A), substituted

"adoptive family groups and minority groups" for "parent groups".

Subsec. (b)(5), (6). Pub. L. 98-457, Sec. 203(c)(3)(B), (C),

added pars. (5) and (6). Former par. (5) redesignated (7).

Subsec. (b)(7). Pub. L. 98-457, Sec. 203(c)(3)(C), (D),

redesignated former par. (5) as (7) and substituted "Health and

Human Services" for "Health, Education, and Welfare".

KINSHIP CARE

Pub. L. 105-89, title III, Sec. 303, Nov. 19, 1997, 111 Stat.

2129, provided that:

"(a) Report. -

"(1) In general. - The Secretary of Health and Human Services

shall -

"(A) not later than June 1, 1998, convene the advisory panel

provided for in subsection (b)(1) and prepare and submit to the

advisory panel an initial report on the extent to which

children in foster care are placed in the care of a relative

(in this section referred to as 'kinship care'); and

"(B) not later than June 1, 1999, submit to the Committee on

Ways and Means of the House of Representatives and the

Committee on Finance of the Senate a final report on the matter

described in subparagraph (A), which shall -

"(i) be based on the comments submitted by the advisory

panel pursuant to subsection (b)(2) and other information and

considerations; and

"(ii) include the policy recommendations of the Secretary

with respect to the matter.

"(2) Required contents. - Each report required by paragraph (1)

shall -

"(A) include, to the extent available for each State,

information on -

"(i) the policy of the State regarding kinship care;

"(ii) the characteristics of the kinship care providers

(including age, income, ethnicity, and race, and the

relationship of the kinship care providers to the children);

"(iii) the characteristics of the household of such

providers (such as number of other persons in the household

and family composition);

"(iv) how much access to the child is afforded to the

parent from whom the child has been removed;

"(v) the cost of, and source of funds for, kinship care

(including any subsidies such as medicaid and cash

assistance);

"(vi) the permanency plan for the child and the actions

being taken by the State to achieve the plan;

"(vii) the services being provided to the parent from whom

the child has been removed; and

"(viii) the services being provided to the kinship care

provider; and

"(B) specifically note the circumstances or conditions under

which children enter kinship care.

"(b) Advisory Panel. -

"(1) Establishment. - The Secretary of Health and Human

Services, in consultation with the Chairman of the Committee on

Ways and Means of the House of Representatives and the Chairman

of the Committee on Finance of the Senate, shall convene an

advisory panel which shall include parents, foster parents,

relative caregivers, former foster children, State and local

public officials responsible for administering child welfare

programs, private persons involved in the delivery of child

welfare services, representatives of tribal governments and

tribal courts, judges, and academic experts.

"(2) Duties. - The advisory panel convened pursuant to

paragraph (1) shall review the report prepared pursuant to

subsection (a), and, not later than October 1, 1998, submit to

the Secretary comments on the report."

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 5114 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

Sec. 5114. Study and report of unlicensed or unregulated adoption

placements

-STATUTE-

The Secretary shall provide for a study (the results of which

shall be reported to the appropriate committees of the Congress not

later than eighteen months after April 24, 1978) designed to

determine the nature, scope, and effects of the interstate (and, to

the extent feasible, intrastate) placement of children in adoptive

homes (not including the homes of stepparents or relatives of the

child in question) by persons or agencies which are not licensed by

or subject to regulation by any governmental entity.

-SOURCE-

(Pub. L. 95-266, title II, Sec. 204, Apr. 24, 1978, 92 Stat. 210.)

-End-

-CITE-

42 USC Sec. 5115 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

Sec. 5115. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated, $20,000,000 for

fiscal year 1997, and such sums as may be necessary for each of the

fiscal years 1998 through 2001 to carry out programs and activities

authorized.

(b) The Secretary shall ensure that funds appropriated pursuant

to authorizations in this subchapter shall remain available until

expended for the purposes for which they were appropriated.

-SOURCE-

(Pub. L. 95-266, title II, Sec. 205, Apr. 24, 1978, 92 Stat. 211;

Pub. L. 98-457, title II, Sec. 204, Oct. 9, 1984, 98 Stat. 1757;

Pub. L. 100-294, title II, Sec. 201, Apr. 25, 1988, 102 Stat. 122;

Pub. L. 102-295, title IV, Sec. 404, May 28, 1992, 106 Stat. 214;

Pub. L. 104-235, title II, Sec. 213, Oct. 3, 1996, 110 Stat. 3091.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-235, Sec. 213(1), substituted

"$20,000,000 for fiscal year 1997, and such sums as may be

necessary for each of the fiscal years 1998 through 2001 to carry

out programs and activities authorized" for "$10,000,000 for fiscal

year 1992, and such sums as may be necessary for each of the fiscal

years 1993 through 1995, to carry out programs and activities under

this subchapter except for programs and activities authorized under

sections 5113(b)(9) and 5113(c)(1) of this title".

Subsecs. (b), (c). Pub. L. 104-235, Sec. 213(2), (3),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows: "For any fiscal year in which appropriations

under subsection (a) of this section exceeds $5,000,000, there are

authorized to be appropriated $10,000,000 for fiscal year 1992, and

such sums as may be necessary for each of the fiscal years 1993

through 1995, to carry out section 5113(b)(9) of this title, and

there are authorized to be appropriated $10,000,000 for fiscal year

1992, and such sums as may be necessary for each of the fiscal

years 1993 through 1995, to carry out section 5113(c)(1) of this

title."

1992 - Subsec. (a). Pub. L. 102-295, Sec. 404(1), added subsec.

(a) and struck out former subsec. (a) which read as follows: "There

are hereby authorized to be appropriated $6,000,000 for the fiscal

year 1988, and such sums as may be necessary for each of the fiscal

years 1989, 1990, and 1991 to carry out programs and activities

under this subchapter except for programs and activities authorized

under sections 5113(b)(8) and 5113(c)(1) of this title."

Subsec. (b). Pub. L. 102-295, Sec. 404(2), substituted

"$10,000,000 for fiscal year 1992, and such sums as may be

necessary for each of the fiscal years 1993 through 1995, to carry

out section 5113(b)(9) of this title, and there are authorized to

be appropriated $10,000,000 for fiscal year 1992, and such sums as

may be necessary for each of the fiscal years 1993 through 1995, to

carry out section 5113(c)(1) of this title" for "$3,000,000 for

fiscal year 1988, and such sums as may be necessary for fiscal

years 1989, 1990, and 1991 for the purpose of carrying out section

5113(b)(8) of this title, and there are authorized to be

appropriated $3,000,000 for fiscal year 1988, and such sums as may

be necessary for fiscal years 1989, 1990, and 1991 for the purpose

of carrying out section 5113(c)(1) of this title".

1988 - Pub. L. 100-294 amended section generally. Prior to

amendment, section read as follows: "There are authorized to be

appropriated $5,000,000 for the fiscal year ending September 30,

1978, such sums as may be necessary for the succeeding three fiscal

years, and $5,000,000 for each of the fiscal years 1984, 1985,

1986, and 1987, to carry out this subchapter."

1984 - Pub. L. 98-457 inserted provisions authorizing

appropriations of $5,000,000 for each of fiscal years 1984, 1985,

1986, and 1987.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5113 of this title.

-End-

-CITE-

42 USC Sec. 5115a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER II - ADOPTION OPPORTUNITIES

-HEAD-

Sec. 5115a. Repealed. Pub. L. 104-188, title I, Sec. 1808(d), Aug.

20, 1996, 110 Stat. 1904

-MISC1-

Section, Pub. L. 103-382, title V, Sec. 553, Oct. 20, 1994, 108

Stat. 4056, related to multiethnic placements.

-End-

-CITE-

42 USC SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE

AND SUPPORT GRANTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-COD-

CODIFICATION

Subchapter is comprised of title II of the Child Abuse Prevention

and Treatment Act, Pub. L. 93-247. Title I of that Act is

classified to subchapter I (Sec. 5101 et seq.) of this chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5101, 5105, 5106a,

5106d, 5106e, 5106i of this title; title 31 section 6703.

-End-

-CITE-

42 USC Sec. 5116 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116. Purpose and authority

-STATUTE-

(a) Purpose

It is the purpose of this subchapter -

(1) to support State efforts to develop, operate, expand and

enhance a network of community-based, prevention-focused, family

resource and support programs that coordinate resources among

existing education, vocational rehabilitation, disability,

respite care, health, mental health, job readiness,

self-sufficiency, child and family development, community action,

Head Start, child care, child abuse and neglect prevention,

juvenile justice, domestic violence prevention and intervention,

housing, and other human service organizations within the State;

and

(2) to foster an understanding, appreciation, and knowledge of

diverse populations in order to be effective in preventing and

treating child abuse and neglect.

(b) Authority

The Secretary shall make grants under this subchapter on a

formula basis to the entity designated by the State as the lead

entity (hereafter referred to in this subchapter as the "lead

entity") under section 5116a(1) of this title for the purpose of -

(1) developing, operating, expanding and enhancing Statewide

networks of community-based, prevention-focused, family resource

and support programs that -

(A) offer assistance to families;

(B) provide early, comprehensive support for parents;

(C) promote the development of parenting skills, especially

in young parents and parents with very young children;

(D) increase family stability;

(E) improve family access to other formal and informal

resources and opportunities for assistance available within

communities;

(F) support the additional needs of families with children

with disabilities through respite care and other services; and

(G) decrease the risk of homelessness;

(2) fostering the development of a continuum of preventive

services for children and families through State and

community-based collaborations and partnerships both public and

private;

(3) financing the start-up, maintenance, expansion, or redesign

of specific family resource and support program services (such as

respite care services, child abuse and neglect prevention

activities, disability services, mental health services, housing

services, transportation, adult education, home visiting and

other similar services) identified by the inventory and

description of current services required under section 5116d(3)

(!1) of this title as an unmet need, and integrated with the

network of community-based family resource and support program to

the extent practicable given funding levels and community

priorities;

(4) maximizing funding for the financing, planning, community

mobilization, collaboration, assessment, information and

referral, startup, training and technical assistance, information

management, reporting and evaluation costs for establishing,

operating, or expanding a Statewide network of community-based,

prevention-focused, family resource and support program; and

(5) financing public information activities that focus on the

healthy and positive development of parents and children and the

promotion of child abuse and neglect prevention activities.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 201, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3080.)

-REFTEXT-

REFERENCES IN TEXT

Section 5116d(3) of this title, referred to in subsec. (b)(3),

was in the original "section 205(a)(3)" and was translated as

reading "section 205(3)", meaning section 205(3) of Pub. L. 93-247,

to reflect the probable intent of Congress, because section 205

does not contain subsections.

-MISC1-

PRIOR PROVISIONS

A prior section 5116, Pub. L. 93-247, title II, Sec. 201, as

added Pub. L. 103-252, title IV, Sec. 401(a), May 18, 1994, 108

Stat. 666, related to community-based family resource programs,

prior to the general amendment of this subchapter by Pub. L.

104-235, Sec. 121.

Another prior section 5116, Pub. L. 93-247, title II, Sec. 201,

formerly Pub. L. 98-473, title IV, Sec. 402, Oct. 12, 1984, 98

Stat. 2197; renumbered Sec. 201 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), 4(a), Oct. 25, 1989, 103

Stat. 764, 766; Pub. L. 102-295, title I, Sec. 121(b), May 28,

1992, 106 Stat. 198, set forth purpose of subchapter to assist

States in supporting child abuse and neglect prevention activities

through community based grants, prior to the general amendment of

this subchapter by Pub. L. 103-252, Sec. 401(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 6703.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 5116a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116a. Eligibility

-STATUTE-

A State shall be eligible for a grant under this subchapter for a

fiscal year if -

(1)(A) the chief executive officer of the State has designated

a lead entity to administer funds under this subchapter for the

purposes identified under the authority of this subchapter,

including to develop, implement, operate, enhance or expand a

Statewide network of community-based, prevention-focused, family

resource and support programs, child abuse and neglect prevention

activities and access to respite care services integrated with

the Statewide network;

(B) such lead entity is an existing public, quasi-public, or

nonprofit private entity (which may be an entity that has not

been established pursuant to State legislation, executive order,

or any other written authority of the State) with a demonstrated

ability to work with other State and community-based agencies to

provide training and technical assistance, and that has the

capacity and commitment to ensure the meaningful involvement of

parents who are consumers and who can provide leadership in the

planning, implementation, and evaluation of programs and policy

decisions of the applicant agency in accomplishing the desired

outcomes for such efforts;

(C) in determining which entity to designate under subparagraph

(A), the chief executive officer should give priority

consideration equally to a trust fund advisory board of the State

or to an existing entity that leverages Federal, State, and

private funds for a broad range of child abuse and neglect

prevention activities and family resource programs, and that is

directed by an interdisciplinary, public-private structure,

including participants from communities; and

(D) in the case of a State that has designated a State trust

fund advisory board for purposes of administering funds under

this subchapter (as such subchapter was in effect on October 3,

1996) and in which one or more entities that leverage Federal,

State, and private funds (as described in subparagraph (C))

exist, the chief executive officer shall designate the lead

entity only after full consideration of the capacity and

expertise of all entities desiring to be designated under

subparagraph (A);

(2) the chief executive officer of the State provides

assurances that the lead entity will provide or will be

responsible for providing -

(A) a network of community-based family resource and support

programs composed of local, collaborative, public-private

partnerships directed by interdisciplinary structures with

balanced representation from private and public sector members,

parents, and public and private nonprofit service providers and

individuals and organizations experienced in working in

partnership with families with children with disabilities;

(B) direction to the network through an interdisciplinary,

collaborative, public-private structure with balanced

representation from private and public sector members, parents,

and public sector and private nonprofit sector service

providers; and

(C) direction and oversight to the network through identified

goals and objectives, clear lines of communication and

accountability, the provision of leveraged or combined funding

from Federal, State and private sources, centralized assessment

and planning activities, the provision of training and

technical assistance, and reporting and evaluation functions;

and

(3) the chief executive officer of the State provides

assurances that the lead entity -

(A) has a demonstrated commitment to parental participation

in the development, operation, and oversight of the Statewide

network of community-based, prevention-focused, family resource

and support programs;

(B) has a demonstrated ability to work with State and

community-based public and private nonprofit organizations to

develop a continuum of preventive, family centered,

comprehensive services for children and families through the

Statewide network of community-based, prevention-focused,

family resource and support programs;

(C) has the capacity to provide operational support (both

financial and programmatic) and training and technical

assistance, to the Statewide network of community-based,

prevention-focused, family resource and support programs,

through innovative, interagency funding and interdisciplinary

service delivery mechanisms; and

(D) will integrate its efforts with individuals and

organizations experienced in working in partnership with

families with children with disabilities and with the child

abuse and neglect prevention activities of the State, and

demonstrate a financial commitment to those activities.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 202, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3081.)

-MISC1-

PRIOR PROVISIONS

A prior section 5116a, Pub. L. 93-247, title II, Sec. 202,

formerly Pub. L. 98-473, title IV, Sec. 403, Oct. 12, 1984, 98

Stat. 2197; renumbered Sec. 202 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), 4(b), Oct. 25, 1989, 103

Stat. 764, 766, defined "Secretary" and "State" as used in this

subchapter, prior to the general amendment of this subchapter by

Pub. L. 103-252, Sec. 401(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5116, 5116d, 5116f of

this title.

-End-

-CITE-

42 USC Sec. 5116b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116b. Amount of grant

-STATUTE-

(a) Reservation

The Secretary shall reserve 1 percent of the amount appropriated

under section 5116i of this title for a fiscal year to make

allotments to Indian tribes and tribal organizations and migrant

programs.

(b) Remaining amounts

(1) In general

The Secretary shall allot the amount appropriated under section

5116i of this title for a fiscal year and remaining after the

reservation under subsection (a) of this section among the States

as follows:

(A) 70 percent of such amount appropriated shall be allotted

among the States by allotting to each State an amount that

bears the same proportion to such amount appropriated as the

number of children under the age of 18 residing in the State

bears to the total number of children under the age of 18

residing in all States (except that no State shall receive less

than $175,000 under this subparagraph).

(B) 30 percent of such amount appropriated shall be allotted

among the States by allotting to each State an amount that

bears the same proportion to such amount appropriated as the

amount leveraged by the State from private, State, or other

non-Federal sources and directed through the State lead agency

in the preceding fiscal year bears to the aggregate of the

amounts leveraged by all States from private, State, or other

non-Federal sources and directed through the lead agency of

such States in the preceding fiscal year.

(2) Additional requirement

The Secretary shall provide allotments under paragraph (1) to

the State lead entity.

(c) Allocation

Funds allotted to a State under this section -

(1) shall be for a 3-year period; and

(2) shall be provided by the Secretary to the State on an

annual basis, as described in subsection (a) of this section.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 203, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3082.)

-MISC1-

PRIOR PROVISIONS

A prior section 5116b, Pub. L. 93-247, title II, Sec. 203,

formerly Pub. L. 98-473, title IV, Sec. 404, Oct. 12, 1984, 98

Stat. 2197; renumbered Sec. 203 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), 4(c), 5, Oct. 25, 1989,

103 Stat. 764, 766-768; Pub. L. 102-295, title I, Sec. 122, May 28,

1992, 106 Stat. 198, authorized Secretary to make grants and

authorized appropriations to carry out this subchapter, prior to

the general amendment of this subchapter by Pub. L. 103-252, Sec.

401(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5106a of this title.

-End-

-CITE-

42 USC Sec. 5116c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116c. Existing grants

-STATUTE-

(a) In general

Notwithstanding the enactment of the Child Abuse Prevention and

Treatment Act Amendments of 1996, a State or entity that has a

grant, contract, or cooperative agreement in effect, on October 3,

1996, under any program described in subsection (b) of this

section, shall continue to receive funds under such program,

subject to the original terms under which such funds were provided

under the grant, through the end of the applicable grant cycle.

(b) Programs described

The programs described in this subsection are the following:

(1) The Community-Based Family Resource programs under section

5116 of this title, as such section was in effect on the day

before October 3, 1996.

(2) The Family Support Center programs under subtitle F of

title VII of the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11481 et seq.), as such title was in effect on the day

before October 3, 1996.

(3) The Emergency Child Abuse Prevention Services grant program

under section 5106a-1 of this title, as such section was in

effect on the day before May 18, 1994.

(4) Programs under the Temporary Child Care for Children With

Disabilities and Crisis Nurseries Act of 1986.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 204, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3083; amended Pub. L.

106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675.)

-REFTEXT-

REFERENCES IN TEXT

The Child Abuse Prevention and Treatment Act Amendments of 1996,

referred to in subsec. (a), is Pub. L. 104-235, Oct. 3, 1996, 110

Stat. 3063. For complete classification of this Act to the Code,

see Short Title of 1996 Amendment note set out under section 5101

of this title and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (b)(2), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended. Subtitle F of title VII of the Act was classified

generally to part F (Sec. 11481 et seq.) of subchapter VI of

chapter 119 of this title prior to repeal by Pub. L. 104-235, title

I, Sec. 142(b), Oct. 3, 1996, 110 Stat. 3089. For complete

classification of this Act to the Code, see Short Title note set

out under section 11301 of this title and Tables.

The Temporary Child Care for Children With Disabilities and

Crisis Nurseries Act of 1986, referred to in subsec. (b)(4), is

title II of Pub. L. 99-401, Aug. 27, 1986, 100 Stat. 907, as

amended, which was classified generally to subchapter IV (Sec. 5117

et seq.) of this chapter prior to repeal by Pub. L. 104-235, title

I, Sec. 142(a), Oct. 3, 1996, 110 Stat. 3089.

-MISC1-

PRIOR PROVISIONS

A prior section 5116c, Pub. L. 93-247, title II, Sec. 204,

formerly Pub. L. 98-473, title IV, Sec. 405, Oct. 12, 1984, 98

Stat. 2198; renumbered Sec. 204 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), 4(d), Oct. 25, 1989, 103

Stat. 764, 766, 767; Pub. L. 102-295, title I, Sec. 123, May 28,

1992, 106 Stat. 198, established requirement for State grant

eligibility, prior to the general amendment of this subchapter by

Pub. L. 103-252, Sec. 401(a).

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-400 substituted

"McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney

Homeless Assistance Act".

-End-

-CITE-

42 USC Sec. 5116d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116d. Application

-STATUTE-

A grant may not be made to a State under this subchapter unless

an application therefor is submitted by the State to the Secretary

and such application contains the types of information specified by

the Secretary as essential to carrying out the provisions of

section 5116a of this title, including -

(1) a description of the lead entity that will be responsible

for the administration of funds provided under this subchapter

and the oversight of programs funded through the Statewide

network of community-based, prevention-focused, family resource

and support programs which meets the requirements of section

5116a of this title;

(2) a description of how the network of community-based,

prevention-focused, family resource and support programs will

operate and how family resource and support services provided by

public and private, nonprofit organizations, including those

funded by programs consolidated under this subchapter and

subchapter I of this chapter, will be integrated into a

developing continuum of family centered, holistic, preventive

services for children and families;

(3) an assurance that an inventory of current family resource

programs, respite care, child abuse and neglect prevention

activities, and other family resource services operating in the

State, and a description of current unmet needs, will be

provided;

(4) a budget for the development, operation and expansion of

the State's network of community-based, prevention-focused,

family resource and support programs that verifies that the State

will expend in non-Federal funds an amount equal to not less than

20 percent of the amount received under this subchapter (in cash,

not in-kind) for activities under this subchapter;

(5) an assurance that funds received under this subchapter will

supplement, not supplant, other State and local public funds

designated for the Statewide network of community-based,

prevention-focused, family resource and support programs;

(6) an assurance that the State has the capacity to ensure the

meaningful involvement of parents who are consumers and who can

provide leadership in the planning, implementation, and

evaluation of the programs and policy decisions of the applicant

agency in accomplishing the desired outcomes for such efforts;

(7) a description of the criteria that the entity will use to

develop, or select and fund, individual community-based,

prevention-focused, family resource and support programs as part

of network development, expansion or enhancement;

(8) a description of outreach activities that the entity and

the community-based, prevention-focused, family resource and

support programs will undertake to maximize the participation of

racial and ethnic minorities, children and adults with

disabilities, homeless families and those at risk of

homelessness, and members of other underserved or

underrepresented groups;

(9) a plan for providing operational support, training and

technical assistance to community-based, prevention-focused,

family resource and support programs for development, operation,

expansion and enhancement activities;

(10) a description of how the applicant entity's activities and

those of the network and its members will be evaluated;

(11) a description of the actions that the applicant entity

will take to advocate systemic changes in State policies,

practices, procedures and regulations to improve the delivery of

prevention-focused, family resource and support program services

to children and families; and

(13) (!1) an assurance that the applicant entity will provide

the Secretary with reports at such time and containing such

information as the Secretary may require.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 205, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3083.)

-MISC1-

PRIOR PROVISIONS

A prior section 5116d, Pub. L. 93-247, title II, Sec. 205,

formerly Pub. L. 98-473, title IV, Sec. 406, Oct. 12, 1984, 98

Stat. 2198; renumbered Sec. 205 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), (2), 4(e), Oct. 25, 1989,

103 Stat. 764, 766, 767; Pub. L. 102-295, title I, Sec. 124, May

28, 1992, 106 Stat. 198, related to grant allotments, required use

of grants, and grant application requirements, prior to the general

amendment of this subchapter by Pub. L. 103-252, Sec. 401(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5116, 5116f of this

title.

-FOOTNOTE-

(!1) So in original. No par. (12) has been enacted.

-End-

-CITE-

42 USC Sec. 5116e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116e. Local program requirements

-STATUTE-

(a) In general

Grants made under this subchapter shall be used to develop,

implement, operate, expand and enhance community-based,

prevention-focused, family resource and support programs that -

(1) assess community assets and needs through a planning

process that involves parents and local public agencies, local

nonprofit organizations, and private sector representatives;

(2) develop a strategy to provide, over time, a continuum of

preventive, family centered services to children and families,

especially to young parents and parents with young children,

through public-private partnerships;

(3) provide -

(A) core family resource and support services such as -

(i) parent education, mutual support and self help, and

leadership services;

(ii) outreach services;

(iii) community and social service referrals; and

(iv) follow-up services;

(B) other core services, which must be provided or arranged

for through contracts or agreements with other local agencies,

including all forms of respite care services to the extent

practicable; and

(C) access to optional services, including -

(i) referral to and counseling for adoption services for

individuals interested in adopting a child or relinquishing

their child for adoption;

(ii) child care, early childhood development and

intervention services;

(iii) referral to services and supports to meet the

additional needs of families with children with disabilities;

(iv) referral to job readiness services;

(v) referral to educational services, such as scholastic

tutoring, literacy training, and General Educational Degree

services;

(vi) self-sufficiency and life management skills training;

(vii) community referral services, including early

developmental screening of children; and

(viii) peer counseling;

(4) develop leadership roles for the meaningful involvement of

parents in the development, operation, evaluation, and oversight

of the programs and services;

(5) provide leadership in mobilizing local public and private

resources to support the provision of needed family resource and

support program services; and

(6) participate with other community-based, prevention-focused,

family resource and support program grantees in the development,

operation and expansion of the Statewide network.

(b) Priority

In awarding local grants under this subchapter, a lead entity

shall give priority to effective community-based programs serving

low income communities and those serving young parents or parents

with young children, including community-based family resource and

support programs.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 206, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3085.)

-MISC1-

PRIOR PROVISIONS

A prior section 5116e, Pub. L. 93-247, title II, Sec. 206,

formerly Pub. L. 98-473, title IV, Sec. 407, Oct. 12, 1984, 98

Stat. 2199; renumbered Sec. 206 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), 4(f), Oct. 25, 1989, 103

Stat. 764, 766, 768, related to withholding of grant payments upon

failure to comply with provisions of this subchapter, prior to the

general amendment of this subchapter by Pub. L. 103-252, Sec.

401(a).

-End-

-CITE-

42 USC Sec. 5116f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116f. Performance measures

-STATUTE-

A State receiving a grant under this subchapter, through reports

provided to the Secretary -

(1) shall demonstrate the effective development, operation and

expansion of a Statewide network of community-based,

prevention-focused, family resource and support programs that

meets the requirements of this subchapter;

(2) shall supply an inventory and description of the services

provided to families by local programs that meet identified

community needs, including core and optional services as

described in section 5116a of this title;

(3) shall demonstrate the establishment of new respite care and

other specific new family resources services, and the expansion

of existing services, to address unmet needs identified by the

inventory and description of current services required under

section 5116d(3) of this title;

(4) shall describe the number of families served, including

families with children with disabilities, and the involvement of

a diverse representation of families in the design, operation,

and evaluation of the Statewide network of community-based,

prevention-focused, family resource and support programs, and in

the design, operation and evaluation of the individual

community-based family resource and support programs that are

part of the Statewide network funded under this subchapter;

(5) shall demonstrate a high level of satisfaction among

families who have used the services of the community-based,

prevention-focused, family resource and support programs;

(6) shall demonstrate the establishment or maintenance of

innovative funding mechanisms, at the State or community level,

that blend Federal, State, local and private funds, and

innovative, interdisciplinary service delivery mechanisms, for

the development, operation, expansion and enhancement of the

Statewide network of community-based, prevention-focused, family

resource and support programs;

(7) shall describe the results of a peer review process

conducted under the State program; and

(8) shall demonstrate an implementation plan to ensure the

continued leadership of parents in the on-going planning,

implementation, and evaluation of such community based,(!1)

prevention-focused, family resource and support programs.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 207, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3086.)

-MISC1-

PRIOR PROVISIONS

A prior section 5116f, Pub. L. 93-247, title II, Sec. 207,

formerly Pub. L. 98-473, title IV, Sec. 408, Oct. 12, 1984, 98

Stat. 2199; renumbered Sec. 207 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(1), 4(g), Oct. 25, 1989, 103

Stat. 764, 766, 768, related to audits of grant recipients, prior

to the general amendment of this subchapter by Pub. L. 103-252,

Sec. 401(a).

-FOOTNOTE-

(!1) So in original. Probably should be "community-based,".

-End-

-CITE-

42 USC Sec. 5116g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116g. National network for community-based family resource

programs

-STATUTE-

The Secretary may allocate such sums as may be necessary from the

amount provided under the State allotment to support the activities

of the lead entity in the State -

(1) to create, operate and maintain a peer review process;

(2) to create, operate and maintain an information

clearinghouse;

(3) to fund a yearly symposium on State system change efforts

that result from the operation of the Statewide networks of

community-based, prevention-focused, family resource and support

programs;

(4) to create, operate and maintain a computerized

communication system between lead entities; and

(5) to fund State-to-State technical assistance through

bi-annual conferences.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 208, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3086.)

-MISC1-

PRIOR PROVISIONS

A prior section 5116g, Pub. L. 93-247, title II, Sec. 208,

formerly Pub. L. 98-473, title IV, Sec. 409, Oct. 12, 1984, 98

Stat. 2199; renumbered Sec. 208 of Pub. L. 93-247, and amended Pub.

L. 101-126, Secs. 2(a), 3(a)(3), (c)(3), 4(h), Oct. 25, 1989, 103

Stat. 764, 766, 768, related to reports to Congress, prior to the

general amendment of this subchapter by Pub. L. 103-252, Sec.

401(a).

-End-

-CITE-

42 USC Sec. 5116h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116h. Definitions

-STATUTE-

For purposes of this subchapter:

(1) Children with disabilities

The term "children with disabilities" has the same meaning

given such term in section 1401(a)(2) (!1) of title 20.

(2) Community referral services

The term "community referral services" means services provided

under contract or through interagency agreements to assist

families in obtaining needed information, mutual support and

community resources, including respite care services, health and

mental health services, employability development and job

training, and other social services, including early

developmental screening of children, through help lines or other

methods.

(3) Family resource and support program

The term "family resource and support program" means a

community-based, prevention-focused entity that -

(A) provides, through direct service, the core services

required under this subchapter, including -

(i) parent education, support and leadership services,

together with services characterized by relationships between

parents and professionals that are based on equality and

respect, and designed to assist parents in acquiring

parenting skills, learning about child development, and

responding appropriately to the behavior of their children;

(ii) services to facilitate the ability of parents to serve

as resources to one another (such as through mutual support

and parent self-help groups);

(iii) outreach services provided through voluntary home

visits and other methods to assist parents in becoming aware

of and able to participate in family resources (!2) and

support program activities;

(iv) community and social services to assist families in

obtaining community resources; and

(v) follow-up services;

(B) provides, or arranges for the provision of, other core

services through contracts or agreements with other local

agencies, including all forms of respite care services; and

(C) provides access to optional services, directly or by

contract, purchase of service, or interagency agreement,

including -

(i) child care, early childhood development and early

intervention services;

(ii) referral to self-sufficiency and life management

skills training;

(iii) referral to education services, such as scholastic

tutoring, literacy training, and General Educational Degree

services;

(iv) referral to services providing job readiness skills;

(v) child abuse and neglect prevention activities;

(vi) referral to services that families with children with

disabilities or special needs may require;

(vii) community and social service referral, including

early developmental screening of children;

(viii) peer counseling;

(ix) referral for substance abuse counseling and treatment;

and

(x) help line services.

(4) Outreach services

The term "outreach services" means services provided to assist

consumers, through voluntary home visits or other methods, in

accessing and participating in family resource and support

program activities.

(5) Respite care services

The term "respite care services" means short term care services

provided in the temporary absence of the regular caregiver

(parent, other relative, foster parent, adoptive parent, or

guardian) to children who -

(A) are in danger of abuse or neglect;

(B) have experienced abuse or neglect; or

(C) have disabilities, chronic, or terminal illnesses.

Such services shall be provided within or outside the home of the

child, be short-term care (ranging from a few hours to a few

weeks of time, per year), and be intended to enable the family to

stay together and to keep the child living in the home and

community of the child.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 209, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3087.)

-FOOTNOTE-

(!1) So in original. Probably should be section "1401(a)(1)".

(!2) So in original. Probably should be "resource".

-End-

-CITE-

42 USC Sec. 5116i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER III - COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

-HEAD-

Sec. 5116i. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter, $66,000,000 for fiscal year 1997 and such sums as may

be necessary for each of the fiscal years 1998 through 2001.

-SOURCE-

(Pub. L. 93-247, title II, Sec. 210, as added Pub. L. 104-235,

title I, Sec. 121, Oct. 3, 1996, 110 Stat. 3088.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5116b of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - TEMPORARY CHILD CARE FOR CHILDREN

WITH DISABILITIES AND CRISIS NURSERIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER IV - TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES

AND CRISIS NURSERIES

-HEAD-

SUBCHAPTER IV - TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES

AND CRISIS NURSERIES

-End-

-CITE-

42 USC Secs. 5117 to 5117d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER IV - TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES

AND CRISIS NURSERIES

-HEAD-

Secs. 5117 to 5117d. Repealed. Pub. L. 104-235, title I, Sec.

142(a), Oct. 3, 1996, 110 Stat. 3089

-MISC1-

Section 5117, Pub. L. 99-401, title II, Sec. 202, Aug. 27, 1986,

100 Stat. 907, related to congressional findings for this

subchapter.

Section 5117a, Pub. L. 99-401, title II, Sec. 203, Aug. 27, 1986,

100 Stat. 907; Pub. L. 101-127, Sec. 2(1), Oct. 25, 1989, 103 Stat.

770, related to temporary child care for children with disabilities

and chronically ill children.

Section 5117b, Pub. L. 99-401, title II, Sec. 204, Aug. 27, 1986,

100 Stat. 907, related to crisis nurseries for children who are

abused and neglected, at high risk of abuse and neglect, or who are

in families receiving child protective services.

Section 5117c, Pub. L. 99-401, title II, Sec. 205, Aug. 27, 1986,

100 Stat. 908; Pub. L. 101-127, Secs. 2(2), 3, 4, Oct. 25, 1989,

103 Stat. 770, 771; Pub. L. 101-476, title IX, Sec. 901(a)(3), (g),

Oct. 30, 1990, 104 Stat. 1142, 1151; Pub. L. 102-295, title II,

Sec. 202, May 28, 1992, 106 Stat. 200, related to administrative

provisions.

Section 5117d, Pub. L. 99-401, title II, Sec. 206, Aug. 27, 1986,

100 Stat. 909; Pub. L. 100-403, Sec. 1, Aug. 19, 1988, 102 Stat.

1013; Pub. L. 101-127, Sec. 5, Oct. 25, 1989, 103 Stat. 771; Pub.

L. 102-295, title II, Sec. 203, May 28, 1992, 106 Stat. 200,

related to authorization of appropriations for carrying out this

subchapter.

EFFECTIVE DATE

Section 207 of title II of Pub. L. 99-401 which provided that

title II of Pub. L. 99-401 was effective Oct. 1, 1986, was repealed

by Pub. L. 104-235, title I, Sec. 142(a), Oct. 3, 1996, 110 Stat.

3089.

SHORT TITLE

Section 201 of title II of Pub. L. 99-401, as amended by Pub. L.

101-127, Sec. 6, Oct. 25, 1989, 103 Stat. 772, which provided that

title II of Pub. L. 99-401 be cited as the "Temporary Child Care

for Children With Disabilities and Crisis Nurseries Act of 1986",

was repealed by Pub. L. 104-235, title I, Sec. 142(a), Oct. 3,

1996, 110 Stat. 3089.

-End-

-CITE-

42 USC SUBCHAPTER V - CERTAIN PREVENTIVE SERVICES

REGARDING CHILDREN OF HOMELESS FAMILIES OR

FAMILIES AT RISK OF HOMELESSNESS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER V - CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF

HOMELESS FAMILIES OR FAMILIES AT RISK OF

HOMELESSNESS

-HEAD-

SUBCHAPTER V - CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF

HOMELESS FAMILIES OR FAMILIES AT RISK OF HOMELESSNESS

-End-

-CITE-

42 USC Secs. 5118 to 5118e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER V - CERTAIN PREVENTIVE SERVICES REGARDING CHILDREN OF

HOMELESS FAMILIES OR FAMILIES AT RISK OF

HOMELESSNESS

-HEAD-

Secs. 5118 to 5118e. Repealed. Pub. L. 104-235, title I, Sec. 131,

Oct. 3, 1996, 110 Stat. 3088

-MISC1-

Section 5118, Pub. L. 93-247, title III, Sec. 301, as added Pub.

L. 101-645, title VI, Sec. 661(b), Nov. 29, 1990, 104 Stat. 4755,

related to demonstration grants for prevention of inappropriate

separation from family and for prevention of child abuse and

neglect.

Section 5118a, Pub. L. 93-247, title III, Sec. 302, as added Pub.

L. 101-645, title VI, Sec. 661(b), Nov. 29, 1990, 104 Stat. 4757,

related to joint training of appropriate service personnel with

respect to certain subjects and additional authorized activities

for which a grantee may expend grant funds.

Section 5118b, Pub. L. 93-247, title III, Sec. 303, as added Pub.

L. 101-645, title VI, Sec. 661(b), Nov. 29, 1990, 104 Stat. 4757,

related to additional agreements required of agencies, evaluations

of effectiveness of demonstration programs, report to Congress, and

restriction on use of grant to purchase or improve real property.

Section 5118c, Pub. L. 93-247, title III, Sec. 304, as added Pub.

L. 101-645, title VI, Sec. 661(b), Nov. 29, 1990, 104 Stat. 4759,

related to required submission of description of intended uses of

grant.

Section 5118d, Pub. L. 93-247, title III, Sec. 305, as added Pub.

L. 101-645, title VI, Sec. 661(b), Nov. 29, 1990, 104 Stat. 4759,

related to requirement of submission of application for grant.

Section 5118e, Pub. L. 93-247, title III, Sec. 306, as added Pub.

L. 101-645, title VI, Sec. 661(b), Nov. 29, 1990, 104 Stat. 4760;

amended Pub. L. 102-295, title I, Sec. 131, May 28, 1992, 106 Stat.

199, related to authorization of appropriations for carrying out

this subchapter.

-End-

-CITE-

42 USC SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND

BACKGROUND CHECKS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

-HEAD-

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3759, 14614 of this

title.

-End-

-CITE-

42 USC Sec. 5119 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

-HEAD-

Sec. 5119. Reporting child abuse crime information

-STATUTE-

(a) In general

In each State, an authorized criminal justice agency of the State

shall report child abuse crime information to, or index child abuse

crime information in, the national criminal history background

check system. A criminal justice agency may satisfy the requirement

of this subsection by reporting or indexing all felony and serious

misdemeanor arrests and dispositions.

(b) Provision of State child abuse crime records through national

criminal history background check system

(1) Not later than 180 days after December 20, 1993, the Attorney

General shall, subject to availability of appropriations -

(A) investigate the criminal history records system of each

State and determine for each State a timetable by which the State

should be able to provide child abuse crime records on an on-line

basis through the national criminal history background check

system;

(B) in consultation with State officials, establish guidelines

for the reporting or indexing of child abuse crime information,

including guidelines relating to the format, content, and

accuracy of criminal history records and other procedures for

carrying out this subchapter; and

(C) notify each State of the determinations made pursuant to

subparagraphs (A) and (B).

(2) The Attorney General shall require as a part of each State

timetable that the State -

(A) by not later than the date that is 5 years after December

20, 1993, have in a computerized criminal history file at least

80 percent of the final dispositions that have been rendered in

all identifiable child abuse crime cases in which there has been

an event of activity within the last 5 years;

(B) continue to maintain a reporting rate of at least 80

percent for final dispositions in all identifiable child abuse

crime cases in which there has been an event of activity within

the preceding 5 years; and

(C) take steps to achieve 100 percent disposition reporting,

including data quality audits and periodic notices to criminal

justice agencies identifying records that lack final dispositions

and requesting those dispositions.

(c) Liaison

An authorized agency of a State shall maintain close liaison with

the National Center on Child Abuse and Neglect, the National Center

for Missing and Exploited Children, and the National Center for the

Prosecution of Child Abuse for the exchange of technical assistance

in cases of child abuse.

(d) Annual summary

(1) The Attorney General shall publish an annual statistical

summary of child abuse crimes.

(2) The annual statistical summary described in paragraph (1)

shall not contain any information that may reveal the identity of

any particular victim or alleged violator.

(e) Annual report

The Attorney General shall, subject to the availability of

appropriations, publish an annual summary of each State's progress

in reporting child abuse crime information to the national criminal

history background check system.

(f) Study of child abuse offenders

(1) Not later than 180 days after December 20, 1993, the

Administrator of the Office of Juvenile Justice and Delinquency

Prevention shall begin a study based on a statistically significant

sample of convicted child abuse offenders and other relevant

information to determine -

(A) the percentage of convicted child abuse offenders who have

more than 1 conviction for an offense involving child abuse;

(B) the percentage of convicted child abuse offenders who have

been convicted of an offense involving child abuse in more than 1

State; and

(C) the extent to which and the manner in which instances of

child abuse form a basis for convictions for crimes other than

child abuse crimes.

(2) Not later than 2 years after December 20, 1993, the

Administrator shall submit a report to the Chairman of the

Committee on the Judiciary of the Senate and the Chairman of the

Committee on the Judiciary of the House of Representatives

containing a description of and a summary of the results of the

study conducted pursuant to paragraph (1).

-SOURCE-

(Pub. L. 103-209, Sec. 2, Dec. 20, 1993, 107 Stat. 2490; Pub. L.

103-322, title XXXII, Sec. 320928(b), (h), (i), Sept. 13, 1994, 108

Stat. 2132, 2133.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (b)(1)(B), was in the

original "this Act", meaning Pub. L. 103-209, Dec. 20, 1993, 107

Stat. 2490, which is classified generally to this subchapter. For

complete classification of this Act to the Code, see Short Title of

1993 Amendment note set out under section 5101 of this title and

Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322, Sec. 320928(b), inserted at

end "A criminal justice agency may satisfy the requirement of this

subsection by reporting or indexing all felony and serious

misdemeanor arrests and dispositions."

Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 320928(i), substituted

"5 years after" for "3 years after".

Subsec. (f)(2). Pub. L. 103-322, Sec. 320928(h), substituted "2

years" for "1 year".

GUIDELINES FOR ADOPTION OF SAFEGUARDS BY CARE PROVIDERS AND STATES

FOR PROTECTING CHILDREN, THE ELDERLY, OR INDIVIDUALS WITH

DISABILITIES FROM ABUSE

Section 320928(g) of Pub. L. 103-322 provided that:

"(1) In general. - The Attorney General, in consultation with

Federal, State, and local officials, including officials

responsible for criminal history record systems, and

representatives of public and private care organizations and

health, legal, and social welfare organizations, shall develop

guidelines for the adoption of appropriate safeguards by care

providers and by States for protecting children, the elderly, or

individuals with disabilities from abuse.

"(2) Matters to be addressed. - In developing guidelines under

paragraph (1), the Attorney General shall address the availability,

cost, timeliness, and effectiveness of criminal history background

checks and recommend measures to ensure that fees for background

checks do not discourage volunteers from participating in care

programs.

"(3) Dissemination. - The Attorney General shall, subject to the

availability of appropriations, disseminate the guidelines to State

and local officials and to public and private care providers."

-End-

-CITE-

42 USC Sec. 5119a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

-HEAD-

Sec. 5119a. Background checks

-STATUTE-

(a) In general

(1) A State may have in effect procedures (established by State

statute or regulation) that require qualified entities designated

by the State to contact an authorized agency of the State to

request a nationwide background check for the purpose of

determining whether a provider has been convicted of a crime that

bears upon the provider's fitness to have responsibility for the

safety and well-being of children, the elderly, or individuals with

disabilities.

(2) The authorized agency shall access and review State and

Federal criminal history records through the national criminal

history background check system and shall make reasonable efforts

to respond to the inquiry within 15 business days.

(3) In the absence of State procedures referred to in paragraph

(1), a qualified entity designated under paragraph (1) may contact

an authorized agency of the State to request national criminal

fingerprint background checks. Qualified entities requesting

background checks under this paragraph shall comply with the

guidelines set forth in subsection (b) of this section and with

procedures for requesting national criminal fingerprint background

checks, if any, established by the State.

(b) Guidelines

The procedures established under subsection (a) of this section

shall require -

(1) that no qualified entity may request a background check of

a provider under subsection (a) of this section unless the

provider first provides a set of fingerprints and completes and

signs a statement that -

(A) contains the name, address, and date of birth appearing

on a valid identification document (as defined in section 1028

of title 18) of the provider;

(B) the provider has not been convicted of a crime and, if

the provider has been convicted of a crime, contains a

description of the crime and the particulars of the conviction;

(C) notifies the provider that the entity may request a

background check under subsection (a) of this section;

(D) notifies the provider of the provider's rights under

paragraph (2); and

(E) notifies the provider that prior to the completion of the

background check the qualified entity may choose to deny the

provider unsupervised access to a person to whom the qualified

entity provides care;

(2) that each provider who is the subject of a background check

is entitled -

(A) to obtain a copy of any background check report; and

(B) to challenge the accuracy and completeness of any

information contained in any such report and obtain a prompt

determination as to the validity of such challenge before a

final determination is made by the authorized agency;

(3) that an authorized agency, upon receipt of a background

check report lacking disposition data, shall conduct research in

whatever State and local recordkeeping systems are available in

order to obtain complete data;

(4) that the authorized agency shall make a determination

whether the provider has been convicted of, or is under pending

indictment for, a crime that bears upon the provider's fitness to

have responsibility for the safety and well-being of children,

the elderly, or individuals with disabilities and shall convey

that determination to the qualified entity; and

(5) that any background check under subsection (a) of this

section and the results thereof shall be handled in accordance

with the requirements of Public Law 92-544, except that this

paragraph does not apply to any request by a qualified entity for

a national criminal fingerprint background check pursuant to

subsection (a)(3) of this section.

(c) Regulations

(1) The Attorney General may by regulation prescribe such other

measures as may be required to carry out the purposes of this

subchapter, including measures relating to the security,

confidentiality, accuracy, use, misuse, and dissemination of

information, and audits and recordkeeping.

(2) The Attorney General shall, to the maximum extent possible,

encourage the use of the best technology available in conducting

background checks.

(d) Liability

A qualified entity shall not be liable in an action for damages

solely for failure to conduct a criminal background check on a

provider, nor shall a State or political subdivision thereof nor

any agency, officer or employee thereof, be liable in an action for

damages for the failure of a qualified entity (other than itself)

to take action adverse to a provider who was the subject of a

background check.

(e) Fees

In the case of a background check pursuant to a State requirement

adopted after December 20, 1993, conducted with fingerprints on a

person who volunteers with a qualified entity, the fees collected

by authorized State agencies and the Federal Bureau of

Investigation may not exceed eighteen dollars, respectively, or the

actual cost, whichever is less, of the background check conducted

with fingerprints. The States shall establish fee systems that

insure that fees to non-profit entities for background checks do

not discourage volunteers from participating in child care

programs.

-SOURCE-

(Pub. L. 103-209, Sec. 3, Dec. 20, 1993, 107 Stat. 2491; Pub. L.

103-322, title XXXII, Sec. 320928(a)(1), (2), (c), (e), Sept. 13,

1994, 108 Stat. 2131, 2132; Pub. L. 105-251, title II, Sec. 222(a),

(b), Oct. 9, 1998, 112 Stat. 1885.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 92-544, referred to in subsec. (b)(5), is Pub. L.

92-544, Oct. 25, 1972, 86 Stat. 1109. Provisions relating to use of

funds for the exchange of identification records are contained in

section 201 of Pub. L. 92-544, which is set out as a note under

section 534 of Title 28, Judiciary and Judicial Procedure. For

complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-251, Sec. 222(a), added par.

(3).

Subsec. (b)(5). Pub. L. 105-251, Sec. 222(b), inserted before

period at end ", except that this paragraph does not apply to any

request by a qualified entity for a national criminal fingerprint

background check pursuant to subsection (a)(3) of this section".

1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 320928(a)(1),

substituted "the provider's fitness to have responsibility for the

safety and well-being of children, the elderly, or individuals with

disabilities" for "an individual's fitness to have responsibility

for the safety and well-being of children".

Subsec. (b)(1)(E). Pub. L. 103-322, Sec. 320928(a)(2)(A),

substituted "to a person to whom the qualified entity provides

care" for "to a child to whom the qualified entity provides child

care".

Subsec. (b)(4). Pub. L. 103-322, Sec. 320928(a)(2)(B),

substituted "the provider's fitness to have responsibility for the

safety and well-being of children, the elderly, or individuals with

disabilities" for "an individual's fitness to have responsibility

for the safety and well-being of children".

Subsec. (d). Pub. L. 103-322, Sec. 320928(c), inserted "(other

than itself)" after "failure of a qualified entity".

Subsec. (e). Pub. L. 103-322, Sec. 320928(e), substituted

"eighteen dollars, respectively, or the actual cost, whichever is

less," for "the actual cost".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14072 of this title.

-End-

-CITE-

42 USC Sec. 5119b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

-HEAD-

Sec. 5119b. Funding for improvement of child abuse crime

information

-STATUTE-

(a) Omitted

(b) Additional funding grants for improvement of child abuse crime

information

(1) The Attorney General shall, subject to appropriations and

with preference to States that, as of December 20, 1993, have in

computerized criminal history files the lowest percentages of

charges and dispositions of identifiable child abuse cases, make a

grant to each State to be used -

(A) for the computerization of criminal history files for the

purposes of this subchapter;

(B) for the improvement of existing computerized criminal

history files for the purposes of this subchapter;

(C) to improve accessibility to the national criminal history

background check system for the purposes of this subchapter;

(D) to assist the State in the transmittal of criminal records

to, or the indexing of criminal history record in, the national

criminal history background check system for the purposes of this

subchapter; and

(E) to assist the State in paying all or part of the cost to

the State of conducting background checks on persons who are

employed by or volunteer with a public, not-for-profit, or

voluntary qualified entity to reduce the amount of fees charged

for such background checks.

(2) There are authorized to be appropriated for grants under

paragraph (1) a total of $20,000,000 for fiscal years 1999, 2000,

2001, and 2002.

(c) Withholding State funds

Effective 1 year after December 20, 1993, the Attorney General

may reduce, by up to 10 percent, the allocation to a State for a

fiscal year under title I of the Omnibus Crime Control and Safe

Streets Act of 1968 [42 U.S.C. 3701 et seq.] that is not in

compliance with the requirements of this subchapter.

-SOURCE-

(Pub. L. 103-209, Sec. 4, Dec. 20, 1993, 107 Stat. 2493; Pub. L.

103-322, title XXXII, Sec. 320928(d), Sept. 13, 1994, 108 Stat.

2132; Pub. L. 105-251, title II, Sec. 222(c), Oct. 9, 1998, 112

Stat. 1885.)

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Crime Control and Safe Streets Act of 1968, referred

to in subsec. (c), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197,

as amended. Title I of the Act is classified principally to chapter

46 (Sec. 3701 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

3711 of this title and Tables.

-COD-

CODIFICATION

Section is comprised of section 4 of Pub. L. 103-209. Subsec. (a)

of section 4 of Pub. L. 103-209 amended section 3759(b) of this

title.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-251 substituted "1999, 2000,

2001, and 2002" for "1994, 1995, 1996, and 1997".

1994 - Subsec. (b)(1)(E). Pub. L. 103-322, which directed the

amendment of subsec. (b) by adding subpar. (E) at the end, was

executed by adding subpar. (E) at the end of par. (1) of subsec.

(b) to reflect the probable intent of Congress.

AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND

ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT

AND THE NATIONAL CHILD PROTECTION ACT OF 1993

For appropriations for amounts authorized in subsec. (b) of this

section from the Violent Crime Reduction Trust Fund established by

section 14211 of this title, see section 210603(a) of Pub. L.

103-322, set out as a note under section 922 of Title 18, Crimes

and Criminal Procedure.

-End-

-CITE-

42 USC Sec. 5119c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION

REFORM

SUBCHAPTER VI - CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS

-HEAD-

Sec. 5119c. Definitions

-STATUTE-

For the purposes of this subchapter -

(1) the term "authorized agency" means a division or office of

a State designated by a State to report, receive, or disseminate

information under this subchapter;

(2) the term "child" means a person who is a child for purposes

of the criminal child abuse law of a State;

(3) the term "child abuse crime" means a crime committed under

any law of a State that involves the physical or mental injury,

sexual abuse or exploitation, negligent treatment, or

maltreatment of a child by any person;

(4) the term "child abuse crime information" means the

following facts concerning a person who has been arrested for, or

has been convicted of, a child abuse crime: full name, race, sex,

date of birth, height, weight, fingerprints, a brief description

of the child abuse crime or offenses for which the person has

been arrested or has been convicted, the disposition of the

charge, and any other information that the Attorney General

determines may be useful in identifying persons arrested for, or

convicted of, a child abuse crime;

(5) the term "care" means the provision of care, treatment,

education, training, instruction, supervision, or recreation to

children, the elderly, or individuals with disabilities;

(6) the term "identifiable child abuse crime case" means a case

that can be identified by the authorized criminal justice agency

of the State as involving a child abuse crime by reference to the

statutory citation or descriptive label of the crime as it

appears in the criminal history record;

(7) the term "individuals with disabilities" means persons with

a mental or physical impairment who require assistance to perform

one or more daily living tasks;

(8) the term "national criminal history background check

system" means the criminal history record system maintained by

the Federal Bureau of Investigation based on fingerprint

identification or any other method of positive identification;

(9) the term "provider" means -

(A) a person who -

(i) is employed by or volunteers with a qualified entity

(including an individual who is employed by a school in any

capacity, including as a child care provider, a teacher, or

another member of school personnel);

(ii) who owns or operates a qualified entity; or

(iii) who has or may have unsupervised access to a child to

whom the qualified entity provides child care; and

(B) a person who -

(i) seeks to be employed by or volunteer with a qualified

entity (including an individual who seeks to be employed by a

school in any capacity, including as a child care provider, a

teacher, or another member of school personnel);

(ii) seeks to own or operate a qualified entity; or

(iii) seeks to have or may have unsupervised access to a

child to whom the qualified entity provides child care;

(10) the term "qualified entity" means a business or

organization, whether public, private, for-profit,

not-for-profit, or voluntary, that provides care or care

placement services, including a business or organization that

licenses or certifies others to provide care or care placement

services; and

(11) the term "State" means a State, the District of Columbia,

the Commonwealth of Puerto Rico, American Samoa, the Virgin

Islands, Guam, and the Trust Territories of the Pacific.

-SOURCE-

(Pub. L. 103-209, Sec. 5, Dec. 20, 1993, 107 Stat. 2493; Pub. L.

103-322, title XXXII, Sec. 320928(a)(3), (j), Sept. 13, 1994, 108

Stat. 2132, 2133; Pub. L. 107-110, title X, Sec. 1075, Jan. 8,

2002, 115 Stat. 2090.)

-MISC1-

AMENDMENTS

2002 - Par. (9)(A)(i). Pub. L. 107-110, Sec. 1075(1), inserted

before semicolon at end "(including an individual who is employed

by a school in any capacity, including as a child care provider, a

teacher, or another member of school personnel)".

Par. (9)(B)(i). Pub. L. 107-110, Sec. 1075(2), inserted before

semicolon at end "(including an individual who seeks to be employed

by a school in any capacity, including as a child care provider, a

teacher, or another member of school personnel)".

1994 - Par. (5). Pub. L. 103-322, Sec. 320928(a)(3)(A), amended

par. (5) generally. Prior to amendment, par. (5) read as follows:

"the term 'child care' means the provision of care, treatment,

education, training, instruction, supervision, or recreation to

children by persons having unsupervised access to a child;".

Pars. (6), (7). Pub. L. 103-322, Sec. 320928(j)(2), added pars.

(6) and (7). Former pars. (6) and (7) redesignated (8) and (9),

respectively.

Par. (8). Pub. L. 103-322, Sec. 320928(j)(1), redesignated par.

(6) as (8). Former par. (8) redesignated (10).

Pub. L. 103-322, Sec. 320928(a)(3)(B), substituted "care" for

"child care" wherever appearing.

Pars. (9) to (11). Pub. L. 103-322, Sec. 320928(j)(1),

redesignated pars. (7) to (9) as (9) to (11), respectively.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-