Legislación
US (United States) Code. Title 42. Chapter 67: Child abuse prevention, treatment and adoption reform
-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 Repealed.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 Repealed.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 Repealed.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-
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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-
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42 USC Sec. 5101 01/06/03
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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-
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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-
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