-CITE-
    42 USC CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT
           AND ADOPTION REFORM                             01/03/2007

-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.                    
    5102.       Advisory board on child abuse and neglect.            
    5103.       Repealed.                                             
    5104.       National clearinghouse for information relating to
                 child abuse.                                         
    5105.       Research and assistance activities.                   
    5106.       Grants to States and public or private agencies and
                 organizations.                                       
    5106a.      Grants to States for child abuse and neglect
                 prevention and treatment programs.                   
    5106a-1, 5106b. Repealed.                                         
    5106c.      Grants to States for programs relating to
                 investigation and prosecution of child abuse and
                 neglect cases.                                       
    5106d.      Miscellaneous requirements relating to assistance.    
    5106e.      Coordination of child abuse and neglect programs.     
    5106f.      Reports.                                              
    5106f-1.    Report concerning voluntary reporting system.         
    5106g.      Definitions.                                          
    5106h.      Authorization of appropriations.                      
    5106i.      Rule of construction.                                 
    5107.       Discretionary programs; authorization of
                 appropriations.                                      

                  SUBCHAPTER II - ADOPTION OPPORTUNITIES              
    5111.       Congressional findings and declaration of purpose.    
    5112.       Repealed.                                             
    5113.       Information and services.                             
    5114.       Study and report of unlicensed or unregulated adoption
                 placements.                                          
    5115.       Authorization of appropriations.                      
    5115a.      Repealed.                                             

    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
                             ABUSE AND NEGLECT
    5116.       Purpose and authority.                                
    5116a.      Eligibility.                                          
    5116b.      Amount of grant.                                      
    5116c.      Repealed.                                             
    5116d.      Application.                                          
    5116e.      Local program requirements.                           
    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 IV-A - ABANDONED INFANTS ASSISTANCE          
    5117aa.     Findings.                                             

       PART A - PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG
                           CHILDREN IN HOSPITALS
    5117aa-11. Establishment of local projects.                       
    5117aa-12. Evaluations, study, and reports by Secretary.          

                        PART B - GENERAL PROVISIONS                    
    5117aa-21. Definitions.                                           
    5117aa-22. Authorization of appropriations.                       

     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.              
    5119a.      Background checks.                                    
    5119b.      Funding for improvement of child abuse crime
                 information.                                         
    5119c.      Definitions.                                          

-End-


-CITE-
    42 USC SUBCHAPTER I - GENERAL PROGRAM                       01/03/2007

-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.

-End-



-CITE-
    42 USC Sec. 5101                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER I - GENERAL PROGRAM

-HEAD-
    Sec. 5101. Office on Child Abuse and Neglect

-STATUTE-
    (a) Establishment
      The Secretary of Health and Human Services may establish an
    office to be known as the Office on Child Abuse and Neglect.
    (b) Purpose
      The purpose of the Office established under subsection (a) of
    this section shall be to execute and coordinate the functions and
    activities of this subchapter and subchapter III of this chapter.
    In the event that such functions and activities are performed by
    another entity or entities within the Department of Health and
    Human Services, the Secretary shall ensure that such functions and
    activities are executed with the necessary expertise and in a fully
    coordinated manner involving regular intradepartmental and
    interdepartmental consultation with all agencies involved in child
    abuse and neglect activities.

-SOURCE-
    (Pub. L. 93-247, title I, Sec. 101, formerly Sec. 2, Jan. 31, 1974,
    88 Stat. 5; Pub. L. 93-644, Sec. 8(d)(1), Jan. 4, 1975, 88 Stat.
    2310; Pub. L. 95-266, title I, Sec. 101, Apr. 24, 1978, 92 Stat.
    205; Pub. L. 98-457, title I, Sec. 101, Oct. 9, 1984, 98 Stat.
    1749; Pub. L. 99-401, title I, Sec. 103(a), Aug. 27, 1986, 100
    Stat. 906; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102
    Stat. 103; renumbered title I, Sec. 101, Pub. L. 101-126, Sec.
    3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104-235, title
    I, Sec. 101, Oct. 3, 1996, 110 Stat. 3064.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-235 amended section generally, substituting
    provisions relating to Office on Child Abuse and Neglect for
    provisions relating to National Center on Child Abuse and Neglect.
      1988 - Pub. L. 100-294 amended section generally, substituting
    provisions relating to establishment, appointment of Director, and
    other staff and resources of National Center on Child Abuse and
    Neglect for provisions relating to establishment, functions, grant
    and contract authority, staff and resource availability, and use of
    funds of National Center on Child Abuse and Neglect. See sections
    5105 to 5106d of this title.
      1986 - Subsec. (b)(2). Pub. L. 99-401, Sec. 103(a)(2), added par.
    (2). Former par. (2) redesignated (3).
      Subsec. (b)(3), (4). Pub. L. 99-401, Sec. 103(a)(1), redesignated
    former pars. (2) and (3) as (3) and (4), respectively. Former par.
    (4) redesignated (6).
      Subsec. (b)(5). Pub. L. 99-401, Sec. 103(a)(3), added par. (5).
    Former par. (5) redesignated (7).
      Subsec. (b)(6). Pub. L. 99-401, Sec. 103(a)(1), redesignated
    former par. (4) as (6). Former par. (6) redesignated (8).
      Subsec. (b)(7). Pub. L. 99-401, Sec. 103(a)(1), (4), redesignated
    former par. (5) as (7) and amended it generally, substituting
    "conduct research on the causes, prevention, identification, and
    treatment of child abuse and neglect, and on appropriate and
    effective investigative, administrative, and judicial procedures in
    cases of child abuse" for "conduct research into the causes of
    child abuse and neglect, and into the prevention, identification,
    and treatment thereof". Former par. (7) redesignated (9).
      Subsec. (b)(8), (9). Pub. L. 99-401, Sec. 103(a)(1), redesignated
    former pars. (6) and (7) as (8) and (9), respectively.
      Subsec. (b)(10). Pub. L. 99-401, Sec. 103(a)(5), added par. (10).
      1984 - Subsec. (a). Pub. L. 98-457, Sec. 101(a), substituted
    "Health and Human Services" for "Health, Education, and Welfare".
      Subsec. (b)(6). Pub. L. 98-457, Sec. 101(b), amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "make a
    complete and full study and investigation of the national incidence
    of child abuse and neglect, including a determination of the extent
    to which incidents of child abuse and neglect are increasing in
    number or severity; and".
      Subsec. (b)(7). Pub. L. 98-457, Sec. 101(b), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "in
    consultation with Federal agencies serving on the Advisory Board on
    Child Abuse and Neglect (established by section 5105 of this
    title), prepare a comprehensive plan for seeking to bring about
    maximum coordination of the goals, objectives, and activities of
    all agencies and organizations which have responsibilities for
    programs and activities related to child abuse and neglect, and
    submit such plan to such Advisory Board not later than twelve
    months after April 24, 1978."
      Subsec. (c). Pub. L. 98-457, Sec. 101(c), substituted "The
    functions of the Secretary under subsection (b) of this section may
    be carried out" for "The Secretary may carry out his functions
    under subsection (b) of this section".
      Subsec. (e). Pub. L. 98-457, Sec. 101(d), added subsec. (e).
      1978 - Subsec. (b). Pub. L. 95-266, Sec. 101(1), in pars. (1) and
    (3) inserted requirement of dissemination of annual summary and
    training materials, respectively, and added par. (7).
      Subsec. (c). Pub. L. 95-266, Sec. 101(2), inserted provisions
    relating to duration and review of grants under subsec. (b)(5) of
    this section.
      Subsec. (d). Pub. L. 95-266, Sec. 101(3), added subsec. (d).
      1975 - Subsec. (c). Pub. L. 93-644 added subsec. (c).

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-36, Sec. 1(a), June 25, 2003, 117 Stat. 800, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Keeping Children and Families Safe Act of 2003'."

                       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 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 1991 AMENDMENT                   
      Pub. L. 102-236, Sec. 1, Dec. 12, 1991, 105 Stat. 1812, provided
    that: "This Act [amending sections 5117aa to 5117aa-12 and 5117aa-
    22 of this title and provisions set out as a note under section
    623 of Title 29, Labor] may be cited as the 'Abandoned Infants
    Assistance Act Amendments of 1991'."

                       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'."

                       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                            
      Pub. L. 93-247, Sec. 1(a), formerly Sec. 1, Jan. 31, 1974, 88
    Stat. 4, 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'."
      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, formerly set out as a note under section
    5117 of this title.
      Pub. L. 100-505, Sec. 1, Oct. 18, 1988, 102 Stat. 2533, provided
    that: "This Act [enacting subchapter IV-A of this chapter and
    provisions formerly set out as a note under section 670 of this
    title] may be cited as the 'Abandoned Infants Assistance Act of
    1988'."
      Pub. L. 103-209, Sec. 1, Dec. 20, 1993, 107 Stat. 2490, provided
    that: "This Act [enacting subchapter VI of this chapter and
    amending section 3759 of this title] may be cited as the 'National
    Child Protection Act of 1993'."

                                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; Pub. L.
    108-36, title I, Sec. 101, June 25, 2003, 117 Stat. 801, provided
    that: "Congress finds that - 
        "(1) each year, approximately 900,000 American children are
      victims of abuse and neglect;
        "(2)(A) more children suffer neglect than any other form of
      maltreatment; and
        "(B) investigations have determined that approximately 60
      percent of children who were victims of maltreatment in 2001
      suffered neglect, 19 percent suffered physical abuse, 10 percent
      suffered sexual abuse, and 7 percent suffered emotional
      maltreatment;
        "(3)(A) child abuse can result in the death of a child;
        "(B) in 2001, an estimated 1,300 children were counted by child
      protection services to have died as a result of abuse or neglect;
      and
        "(C) children younger than 1 year old comprised 41 percent of
      child abuse fatalities and 85 percent of child abuse fatalities
      were younger than 6 years of age;
        "(4)(A) many of these children and their families fail to
      receive adequate protection and treatment; and
        "(B) slightly less than half of these children (42 percent in
      2001) and their families fail to receive adequate protection or
      treatment;
        "(5) 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
        community-based 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) recognizes the need for properly trained staff with the
        qualifications needed, to carry out their child protection
        duties; and
          "(E) is sensitive to ethnic and cultural diversity, which may
        impact child rearing patterns, while at the same time, not
        allowing those differences to enable abuse;
        "(6) 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;
        "(7) all elements of American society have a shared
      responsibility in responding to child abuse and neglect;
        "(8) 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;
        "(9) national policy should strengthen families to prevent
      child abuse and neglect, provide support for needed services to
      prevent the unnecessary removal of children from families, and
      promote the reunification of families where appropriate;
        "(10) 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;
        "(11) 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;
        "(12) 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;
        "(13) 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."

-End-



-CITE-
    42 USC Sec. 5102                                            01/03/2007

-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                                            01/03/2007

-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.

-MISC1-
    Sec. 5103. Repealed. Pub. L. 104-235, title I, Sec. 103, Oct. 3,
      1996, 110 Stat. 3066.
      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                                            01/03/2007

-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
      effective programs, including private and community-based
      programs, that show promise of success with respect to the
      prevention, assessment, identification, and treatment of child
      abuse and neglect and hold the potential for broad scale
      implementation and replication;
        (2) maintain information about the best practices used for
      achieving improvements in child protective systems;
        (3) 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;

        (4) provide technical assistance upon request that 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; and

        (5) collect 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.
    (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) of this title;
          (F) collect and disseminate information that describes best
        practices being used throughout the Nation for making
        appropriate referrals related to, and addressing, the physical,
        developmental, and mental health needs of abused and neglected
        children; and
          (G) 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; Pub.
    L. 108-36, title I, Sec. 111, June 25, 2003, 117 Stat. 802.)

-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)(3)(B), is
    section 105(a)(1) of Pub. L. 100-294, which is set out as a note
    under section 5105 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                            
      2003 - Subsec. (b)(1). Pub. L. 108-36, Sec. 111(a)(1),
    substituted "all effective programs, including private and
    community-based programs, that show promise of success with respect
    to the prevention, assessment, identification, and treatment of
    child abuse and neglect and hold the potential for broad scale
    implementation and replication;" for "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".
      Subsec. (b)(2), (3). Pub. L. 108-36, Sec. 111(a)(2)-(4), added
    par. (2) and redesignated former par. (2) as (3) and substituted a
    semicolon for period at end.
      Subsec. (b)(4), (5). Pub. L. 108-36, Sec. 111(a)(5), added pars.
    (4) and (5).
      Subsec. (c)(1)(E). Pub. L. 108-36, Sec. 111(b)(1), made technical
    amendment to reference to section 5105(a) of this title to reflect
    renumbering of corresponding section of original act and struck out
    "and" at end.
      Subsec. (c)(1)(F), (G). Pub. L. 108-36, Sec. 111(b)(2), (3),
    added subpar. (F) and redesignated former subpar. (F) as (G).
      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).

-End-



-CITE-
    42 USC Sec. 5105                                            01/03/2007

-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, including
      longitudinal 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, including the effects
        of abuse and neglect on a child's development and the
        identification of successful early intervention services or
        other services that are needed;
          (C) appropriate, effective and culturally sensitive
        investigative, administrative, and judicial systems, including
        multidisciplinary, coordinated decisionmaking procedures with
        respect to cases of child abuse;
          (D) the evaluation and dissemination of best practices
        consistent with the goals of achieving improvements in the
        child protective services systems of the States in accordance
        with paragraphs (1) through (12) of section 5106a(a) of this
        title;
          (E) effective approaches to interagency collaboration between
        the child protection system and the juvenile justice system
        that improve the delivery of services and treatment, including
        methods for continuity of treatment plan and services as
        children transition between systems;
          (F) an evaluation of the redundancies and gaps in the
        services in the field of child abuse and neglect prevention in
        order to make better use of resources;
          (G) the nature, scope, and practice of voluntary
        relinquishment for foster care or State guardianship of low
        income children who need health services, including mental
        health services;
          (H) the information on the national incidence of child abuse
        and neglect specified in clauses (i) through (xi) of
        subparagraph (H); (!1) and

          (I) 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;
            (ix) the incidence and prevalence of child maltreatment by
          a wide array of demographic characteristics such as age, sex,
          race, family structure, household relationship (including the
          living arrangement of the resident parent and family size),
          school enrollment and education attainment, disability,
          grandparents as caregivers, labor force status, work status
          in previous year, and income in previous year; and
            (x) 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) Research
        The Secretary shall conduct research on the national incidence
      of child abuse and neglect, including the information on the
      national incidence on child abuse and neglect specified in
      subparagraphs (i) through (ix) of paragraph (1)(I).
      (3) Report
        Not later than 4 years after June 25, 2003, the Secretary shall
      prepare and submit to the Committee on Education and the
      Workforce of the House of Representatives and the Committee on
      Health, Education, Labor and Pensions of the Senate a report that
      contains the results of the research conducted under paragraph
      (2).
      (4) Priorities
        (A) The Secretary shall establish research priorities for
      making grants or contracts for purposes of carrying out paragraph
      (1).
        (B) Not later than 2 years after June 25, 2003, and every 2
      years thereafter, the Secretary shall provide an opportunity for
      public comment concerning the priorities proposed under
      subparagraph (A) and maintain an official record of such public
      comment.
    (b) Provision of technical assistance
      (1) In general
        The Secretary shall provide technical assistance to State and
      local public and private agencies and community-based
      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, including replicating successful
      program models, 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;
          (C) effective programs carried out by the States under this
        subchapter and subchapter III of this chapter; and
          (D) effective approaches being utilized to link child
        protective service agencies with health care, mental health
        care, and developmental services to improve forensic diagnosis
        and health evaluations, and barriers and shortages to such
        linkages.
      (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 (!2) 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).
    (e) Demonstration programs and projects
      The Secretary may award grants to, and enter into contracts with,
    States or public or private agencies or organizations (or
    combinations of such agencies or organizations) for time-limited,
    demonstration projects for the following:
      (1) Promotion of safe, family-friendly physical environments for
        visitation and exchange
        The Secretary may award grants under this subsection to
      entities to assist such entities in establishing and operating
      safe, family-friendly physical environments - 
          (A) for court-ordered, supervised visitation between children
        and abusing parents; and
          (B) to safely facilitate the exchange of children for visits
        with noncustodial parents in cases of domestic violence.
      (2) Education identification, prevention, and treatment
        The Secretary may award grants under this subsection to
      entities for projects that provide educational identification,
      prevention, and treatment services in cooperation with preschool
      and elementary and secondary schools.
      (3) Risk and safety assessment tools
        The Secretary may award grants under this subsection to
      entities for projects that provide for the development of
      research-based strategies for risk and safety assessments
      relating to child abuse and neglect.
      (4) Training
        The Secretary may award grants under this subsection to
      entities for projects that involve research-based strategies for
      innovative training for mandated child abuse and neglect
      reporters.

-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; Pub. L. 108-36, title I, Sec. 112, June 25, 2003, 117 Stat.
    803.)


-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                            
      2003 - Subsec. (a)(1). Pub. L. 108-36, Sec. 112(a)(1)(A),
    inserted ", including longitudinal research," after
    "interdisciplinary program of research" in introductory provisions.
      Subsec. (a)(1)(B). Pub. L. 108-36, Sec. 112(a)(1)(B), inserted
    before semicolon ", including the effects of abuse and neglect on a
    child's development and the identification of successful early
    intervention services or other services that are needed".
      Subsec. (a)(1)(C). Pub. L. 108-36, Sec. 112(a)(1)(C), substituted
    "judicial systems, including multidisciplinary, coordinated
    decisionmaking procedures" for "judicial procedures" and struck out
    "and" at end.
      Subsec. (a)(1)(D). Pub. L. 108-36, Sec. 112(a)(1)(F), added
    subpar. (D). Former subpar. (D) redesignated (I).
      Subsec. (a)(1)(D)(ix), (x). Pub. L. 108-36, Sec. 112(a)(1)(D),
    added cl. (ix) and redesignated former cl. (ix) as (x).
      Subsec. (a)(1)(E) to (H). Pub. L. 108-36, Sec. 112(a)(1)(F),
    added subpars. (E) to (H).
      Subsec. (a)(1)(I). Pub. L. 108-36, Sec. 112(a)(1)(E),
    redesignated subpar. (D) as (I).
      Subsec. (a)(2). Pub. L. 108-36, Sec. 112(a)(4), added par. (2).
    Former par. (2) redesignated (4).
      Subsec. (a)(2)(B). Pub. L. 108-36, Sec. 112(a)(2), added subpar.
    (B) and struck out former subpar. (B) which read as follows: "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."
      Subsec. (a)(3). Pub. L. 108-36, Sec. 112(a)(4), added par. (3).
      Subsec. (a)(4). Pub. L. 108-36, Sec. 112(a)(3), redesignated par.
    (2) as (4).
      Subsec. (b)(1). Pub. L. 108-36, Sec. 112(b)(1), substituted
    "private agencies and community-based" for "nonprofit private
    agencies and" and inserted ", including replicating successful
    program models," after "programs and activities".
      Subsec. (b)(2)(D). Pub. L. 108-36, Sec. 112(b)(2), added subpar.
    (D).
      Subsec. (e). Pub. L. 108-36, Sec. 112(c), added subsec. (e).
      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 refer to clauses (i) through
         (x) of subparagraph (I).

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


-End-



-CITE-
    42 USC Sec. 5106                                            01/03/2007

-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 States and public or private agencies and
      organizations

-STATUTE-
    (a) Grants for programs and projects
      The Secretary may make grants to, and enter into contracts with,
    States, public agencies or private agencies or organizations (or
    combinations of such agencies or organizations) for programs and
    projects for the following purposes:
      (1) Training programs
        The Secretary may award grants to public or private
      organizations under this section - 
          (A) for the training of professional and paraprofessional
        personnel in the fields of medicine, law enforcement,
        judiciary, social work and child protection, education, and
        other relevant fields, or individuals such as court appointed
        special advocates (CASAs) and guardian ad litem, 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 children, youth and
        family service organizations in order to prevent child abuse
        and neglect;
          (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;
          (D) for training to support the enhancement of linkages
        between child protective service agencies and health care
        agencies, including physical and mental health services, to
        improve forensic diagnosis and health evaluations and for
        innovative partnerships between child protective service
        agencies and health care agencies that offer creative
        approaches to using existing Federal, State, local, and private
        funding to meet the health evaluation needs of children who
        have been subjects of substantiated cases of child abuse or
        neglect;
          (E) for the training of personnel in best practices to
        promote collaboration with the families from the initial time
        of contact during the investigation through treatment;
          (F) for the training of personnel regarding the legal duties
        of such personnel and their responsibilities to protect the
        legal rights of children and families;
          (G) for improving the training of supervisory and
        nonsupervisory child welfare workers;
          (H) for enabling State child welfare agencies to coordinate
        the provision of services with State and local health care
        agencies, alcohol and drug abuse prevention and treatment
        agencies, mental health agencies, and other public and private
        welfare agencies to promote child safety, permanence, and
        family stability;
          (I) for cross training for child protective service workers
        in research-based strategies for recognizing situations of
        substance abuse, domestic violence, and neglect; and
          (J) for developing, implementing, or operating information
        and education programs or training programs designed to improve
        the provision of services to disabled infants with life-
        threatening conditions for - 
            (i) professionals 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.
      (2) Triage procedures
        The Secretary may award grants under this subsection to public
      and private 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, law enforcement agencies, developmental
      disability agencies, substance abuse treatment entities, health
      care entities, domestic violence prevention entities, mental
      health service entities, schools, churches and synagogues, and
      other community agencies, to allow for the establishment of a
      triage system that - 
          (A) 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;
          (B) provides, either directly or through referral, a variety
        of community-linked services to assist families in preventing
        child abuse and neglect; and
          (C) provides further investigation and intensive intervention
        where the child's safety is in jeopardy.
      (3) Mutual support programs
        The Secretary may award grants to private organizations 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.
      (4) Kinship care
        (A) (!1) In general

          The Secretary may award grants to public and private 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.
      (5) Linkages between child protective service agencies and public
        health, mental health, and developmental disabilities agencies
        The Secretary may award grants to entities that provide
      linkages between State or local child protective service agencies
      and public health, mental health, and developmental disabilities
      agencies, for the purpose of establishing linkages that are
      designed to help assure that a greater number of substantiated
      victims of child maltreatment have their physical health, mental
      health, and developmental needs appropriately diagnosed and
      treated, in accordance with all applicable Federal and State
      privacy laws.
    (b) Discretionary grants
      In addition to grants or contracts made under subsection (a) of
    this section, grants or contracts under this section may be used
    for the following:
        (1) Respite and crisis nursery programs provided by community-
      based organizations under the direction and supervision of
      hospitals.
        (2) Respite and crisis nursery programs provided by community-
      based organizations.
        (3) Programs based within children's hospitals or other
      pediatric and adolescent care facilities, that provide model
      approaches for improving medical diagnosis of child abuse and
      neglect and for health evaluations of children for whom a report
      of maltreatment has been substantiated.
        (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
      (!2) 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 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 or contract entered into by the Secretary for the
    purpose of evaluating a particular demonstration project or group
    of projects. In the case of an evaluation performed by the
    recipient of a grant, the Secretary shall make available technical
    assistance for the evaluation, where needed, including the use of a
    rigorous application of scientific evaluation techniques.

-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; Pub.
    L. 108-36, title I, Sec. 113, June 25, 2003, 117 Stat. 805.)


-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                            
      2003 - Pub. L. 108-36, Sec. 113(d), substituted "Grants to States
    and public or private agencies and organizations" for "Grants to
    public agencies and nonprofit private organizations for
    demonstration programs and projects" as section catchline.
      Subsec. (a). Pub. L. 108-36, Sec. 113(a)(2), in introductory
    provisions, inserted "States," after "contracts with," and struck
    out "nonprofit" after "private" and "time limited, demonstration"
    after "organizations) for".
      Pub. L. 108-36, Sec. 113(a)(1), substituted "Grants for" for
    "Demonstration" in heading.
      Subsec. (a)(1). Pub. L. 108-36, Sec. 113(a)(3)(A), struck out
    "nonprofit" after "public or private" in introductory provisions.
      Subsec. (a)(1)(A). Pub. L. 108-36, Sec. 113(a)(3)(B), substituted
    "law enforcement, judiciary, social work and child protection,
    education, and other relevant fields, or individuals such as court
    appointed special advocates (CASAs) and guardian ad litem," for
    "law, education, social work, and other relevant fields".
      Subsec. (a)(1)(B). Pub. L. 108-36, Sec. 113(a)(3)(C), substituted
    "children, youth and family service organizations in order to
    prevent child abuse and neglect;" for "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".
      Subsec. (a)(1)(D) to (J). Pub. L. 108-36, Sec. 113(a)(3)(D), (E),
    added subpars. (D) to (J).
      Subsec. (a)(2). Pub. L. 108-36, Sec. 113(a)(5), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (a)(3). Pub. L. 108-36, Sec. 113(a)(6), substituted
    "organizations" for "nonprofit organizations (such as Parents
    Anonymous)".
      Pub. L. 108-36, Sec. 113(a)(4), redesignated par. (2) as (3).
    Former par. (3) redesignated (4).
      Subsec. (a)(4). Pub. L. 108-36, Sec. 113(a)(7), added par.
    heading and struck out former heading "Other innovative programs
    and projects", redesignated subpar. (B) as (A), substituted "In
    general" for "Kinship care" in subpar. heading, and struck out
    "nonprofit" before "entities" and former subpars. (A) and (C),
    which related, respectively, to general issues of awarding grants
    and grants to promote safe, family-friendly physical environments
    for visitation and exchange.
      Pub. L. 108-36, Sec. 113(a)(4), redesignated par. (3) as (4).
      Subsec. (a)(5). Pub. L. 108-36, Sec. 113(a)(8), added par. (5).
      Subsec. (b). Pub. L. 108-36, Sec. 113(b)(1), substituted
    "subsection (a)" for "subsection (b)" in introductory provisions.
      Subsec. (b)(1) to (3). Pub. L. 108-36, Sec. 113(b)(2)-(4), added
    par. (3), redesignated former pars. (2) and (3) as (1) and (2),
    respectively, and struck out former par. (1) which read as follows:
    "Projects which provide educational identification, prevention, and
    treatment services in cooperation with preschool and elementary and
    secondary schools."
      Subsec. (b)(4)(D). Pub. L. 108-36, Sec. 113(b)(5), struck out
    "nonprofit" before "acute care hospital" in introductory
    provisions.
      Subsec. (c). Pub. L. 108-36, Sec. 113(c), struck out
    "demonstration" before "projects" in first sentence, inserted "or
    contract" after "or as a separate grant" in second sentence, and
    inserted at end "In the case of an evaluation performed by the
    recipient of a grant, the Secretary shall make available technical
    assistance for the evaluation, where needed, including the use of a
    rigorous application of scientific evaluation techniques."
      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".

-FOOTNOTE-
    (!1) So in original. There is no subpar. (B).

    (!2) So in original. Probably should be "an".


-End-



-CITE-
    42 USC Sec. 5106a                                           01/03/2007

-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, including ongoing case monitoring, and
      delivery of services and treatment provided to children and their
      families;
        (4) enhancing the general child protective system by
      developing, improving, and implementing risk and safety
      assessment tools and protocols;
        (5) developing and updating systems of technology that support
      the program and track reports of child abuse and neglect from
      intake through final disposition and allow interstate and
      intrastate information exchange;
        (6) developing, strengthening, and facilitating training
      including - 
          (A) training regarding research-based strategies to promote
        collaboration with the families;
          (B) training regarding the legal duties of such individuals;
        and
          (C) personal safety training for case workers;; (!1)


        (7) improving the skills, qualifications, and availability of
      individuals providing services to children and families, and the
      supervisors of such individuals, through the child protection
      system, including improvements in the recruitment and retention
      of caseworkers;
        (8) developing and facilitating training protocols for
      individuals mandated to report child abuse or neglect;
        (9) developing and facilitating research-based strategies for
      training for individuals mandated to report child abuse or
      neglect;
        (10) developing, implementing, or operating programs to assist
      in obtaining or coordinating necessary services for families of
      disabled infants with life-threatening conditions, including - 
          (A) existing social and health services;
          (B) financial assistance; and
          (C) services necessary to facilitate adoptive placement of
        any such infants who have been relinquished for adoption;

        (11) developing and delivering information to improve public
      education relating to the role and responsibilities of the child
      protection system and the nature and basis for reporting
      suspected incidents of child abuse and neglect;
        (12) 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;
        (13) supporting and enhancing interagency collaboration between
      the child protection system and the juvenile justice system for
      improved delivery of services and treatment, including methods
      for continuity of treatment plan and services as children
      transition between systems; or
        (14) supporting and enhancing collaboration among public health
      agencies, the child protection system, and private community-
      based programs to provide child abuse and neglect prevention and
      treatment services (including linkages with education systems)
      and to address the health needs, including mental health needs,
      of children identified as abused or neglected, including
      supporting prompt, comprehensive health and developmental
      evaluations for children who are the subject of substantiated
      child maltreatment reports.
    (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 - 
            (i) of any substantive changes; and to any State law
          relating to the prevention of child abuse and neglect that
          may affect the eligibility of the State under this section;
          and
            (ii) any significant changes to how funds provided under
          this section are used to support the activities which may
          differ from the activities as described in the current State
          application.
      (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) policies and procedures (including appropriate
          referrals to child protection service systems and for other
          appropriate services) to address the needs of infants born
          and identified as being affected by illegal substance abuse
          or withdrawal symptoms resulting from prenatal drug exposure,
          including a requirement that health care providers involved
          in the delivery or care of such infants notify the child
          protective services system of the occurrence of such
          condition in such infants, except that such notification
          shall not be construed to - 
              (I) establish a definition under Federal law of what
            constitutes child abuse; or
              (II) require prosecution for any illegal action;

            (iii) the development of a plan of safe care for the infant
          born and identified as being affected by illegal substance
          abuse or withdrawal symptoms;
            (iv) procedures for the immediate screening, risk and
          safety assessment, and prompt investigation of such reports;
            (v) triage procedures for the appropriate referral of a
          child not at risk of imminent harm to a community
          organization or voluntary preventive service;
            (vi) 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;
            (vii) 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;
            (viii) 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, as described in clause (ix);
              (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;

            (ix) provisions to require a State to disclose confidential
          information to any Federal, State, or local government
          entity, or any agent of such entity, that has a need for such
          information in order to carry out its responsibilities under
          law to protect children from abuse and neglect;
            (x) 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;
            (xi) 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;
            (xii) 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;
            (xiii) 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 has received
          training appropriate to the role, and who may be an attorney
          or a court appointed special advocate who has received
          training appropriate to that role (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;

            (xiv) the establishment of citizen review panels in
          accordance with subsection (c) of this section;
            (xv) provisions, procedures, and mechanisms - 
              (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;

            (xvi) provisions, procedures, and mechanisms 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;

            (xvii) an assurance that, upon the implementation by the
          State of the provisions, procedures, and mechanisms under
          clause (xvi), conviction of any one of the felonies listed in
          clause (xvi) 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);
            (xviii) provisions and procedures to require that a
          representative of the child protective services agency shall,
          at the initial time of contact with the individual subject to
          a child abuse and neglect investigation, advise the
          individual of the complaints or allegations made against the
          individual, in a manner that is consistent with laws
          protecting the rights of the informant;
            (xix) provisions addressing the training of representatives
          of the child protective services system regarding the legal
          duties of the representatives, which may consist of various
          methods of informing such representatives of such duties, in
          order to protect the legal rights and safety of children and
          families from the initial time of contact during
          investigation through treatment;
            (xx) provisions and procedures for improving the training,
          retention, and supervision of caseworkers;
            (xxi) provisions and procedures for referral of a child
          under the age of 3 who is involved in a substantiated case of
          child abuse or neglect to early intervention services funded
          under part C of the Individuals with Disabilities Education
          Act [20 U.S.C. 1431 et seq.]; and
            (xxii) not later than 2 years after June 25, 2003,
          provisions and procedures for requiring criminal background
          record checks for prospective foster and adoptive parents and
          other adult relatives and non-relatives residing in the
          household;

          (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 (!2) 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.

      Nothing in subparagraph (A) shall be construed to limit the
      State's flexibility to determine State policies relating to
      public access to court proceedings to determine child abuse and
      neglect, except that such policies shall, at a minimum, ensure
      the safety and well-being of the child, parents, and families.
      (3) Limitation
        With regard to clauses (vi) and (vii) 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, procedures, and practices of State and
        local agencies and where appropriate, specific cases, evaluate
        the extent to which State and local child protection system
        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 and local
            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).
        (C) Public outreach
          Each panel shall provide for public outreach and comment in
        order to assess the impact of current procedures and practices
        upon children and families in the community and in order to
        meet its obligations under subparagraph (A).
      (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 State and the public, on an annual basis, a
      report containing a summary of the activities of the panel and
      recommendations to improve the child protection services system
      at the State and local levels. Not later than 6 months after the
      date on which a report is submitted by the panel to the State,
      the appropriate State agency shall submit a written response to
      State and local child protection systems and the citizen review
      panel that describes whether or how the State will incorporate
      the recommendations of such panel (where appropriate) to make
      measurable progress in improving the State and local child
      protective system.
    (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.
        (13) The annual report containing the summary of the activities
      of the citizen review panels of the State required by subsection
      (c)(6) of this section.
        (14) The number of children under the care of the State child
      protection system who are transferred into the custody of the
      State juvenile justice system.
    (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; Pub. L. 108-36, title I, Sec. 114(a)-
    (d), June 25, 2003, 117 Stat. 808-812.)

-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.
      The Individuals with Disabilities Education Act, referred to in
    subsec. (b)(2)(A)(xxi), is title VI of Pub. L. 91-230, Apr. 13,
    1970, 84 Stat. 175, as amended. Part C of the Act is classified
    generally to subchapter III (Sec. 1431 et seq.) of chapter 33 of
    Title 20, Education. For complete classification of this Act to the
    Code, see section 1400 of Title 20 and Tables.


-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                            
      2003 - Subsec. (a)(3). Pub. L. 108-36, Sec. 114(a)(1), inserted
    ", including ongoing case monitoring," after "case management" and
    "and treatment" after "and delivery of services".
      Subsec. (a)(4). Pub. L. 108-36, Sec. 114(a)(2), substituted
    "developing, improving, and implementing risk and safety assessment
    tools and protocols" for "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".
      Subsec. (a)(5). Pub. L. 108-36, Sec. 114(a)(5), added par. (5).
    Former par. (5) redesignated (6).
      Subsec. (a)(6). Pub. L. 108-36, Sec. 114(a)(6), substituted
    "including - " and subpars. (A) to (C) for "opportunities and
    requirements for individuals overseeing and providing services to
    children and their families through the child protection system".
      Pub. L. 108-36, Sec. 114(a)(4), redesignated par. (5) as (6).
    Former par. (6) redesignated (8).
      Subsec. (a)(7). Pub. L. 108-36, Sec. 114(a)(3), (7), added par.
    (7) and struck out former par. (7) which read as follows:
    "developing, strengthening, and supporting child abuse and neglect
    prevention, treatment, and research programs in the public and
    private sectors;".
      Subsec. (a)(8). Pub. L. 108-36, Sec. 114(a)(4), redesignated par.
    (6) as (8). Former par. (8) redesignated (9).
      Subsec. (a)(9). Pub. L. 108-36, Sec. 114(a)(8), added par. (9)
    and struck out former par. (9) which related to programs to improve
    the provision of services for disabled infants with life-
    threatening conditions.
      Pub. L. 108-36, Sec. 114(a)(4), redesignated par. (8) as (9).
    Former par. (9) redesignated (12).
      Subsec. (a)(10), (11). Pub. L. 108-36, Sec. 114(a)(8), added
    pars. (10) and (11).
      Subsec. (a)(12). Pub. L. 108-36, Sec. 114(a)(4), (9),
    redesignated par. (9) as (12) and substituted a semicolon for
    period at end.
      Subsec. (a)(13), (14). Pub. L. 108-36, Sec. 114(a)(10), added
    pars. (13) and (14).
      Subsec. (b)(1)(B). Pub. L. 108-36, Sec. 114(b)(1)(A), substituted
    "Secretary - " for "Secretary", "(i) of any substantive changes;
    and" for "of any substantive changes", and "under this section;
    and" for "under this section." and added cl. (ii).
      Subsec. (b)(2). Pub. L. 108-36, Sec. 114(b)(1)(C), inserted
    concluding provisions.
      Subsec. (b)(2)(A)(ii), (iii). Pub. L. 108-36, Sec.
    114(b)(1)(B)(ii), added cls. (ii) and (iii). Former cls. (ii) and
    (iii) redesignated (iv) and (vi), respectively.
      Subsec. (b)(2)(A)(iv). Pub. L. 108-36, Sec. 114(b)(1)(B)(iii),
    inserted "risk and" before "safety assessment".
      Pub. L. 108-36, Sec. 114(b)(1)(B)(i), redesignated cl. (ii) as
    (iv). Former cl. (iv) redesignated (vii).
      Subsec. (b)(2)(A)(v). Pub. L. 108-36, Sec. 114(b)(1)(B)(iv),
    added cl. (v). Former cl. (v) redesignated (viii).
      Subsec. (b)(2)(A)(vi), (vii). Pub. L. 108-36, Sec.
    114(b)(1)(B)(i), redesignated cls. (iii) and (iv) as (vi) and
    (vii), respectively. Former cls. (vi) and (vii) redesignated (x)
    and (xi), respectively.
      Subsec. (b)(2)(A)(viii). Pub. L. 108-36, Sec. 114(b)(1)(B)(i),
    redesignated cl. (v) as (viii). Former cl. (viii) redesignated
    (xii).
      Subsec. (b)(2)(A)(viii)(II). Pub. L. 108-36, Sec.
    114(b)(1)(B)(v), substituted ", as described in clause (ix)" for ",
    having a need for such information in order to carry out its
    responsibilities under law to protect children from abuse and
    neglect".
      Subsec. (b)(2)(A)(ix). Pub. L. 108-36, Sec. 114(b)(1)(B)(vi),
    added cl. (ix). Former cl. (ix) redesignated (xiii).
      Subsec. (b)(2)(A)(x) to (xii). Pub. L. 108-36, Sec.
    114(b)(1)(B)(i), redesignated cls. (vi) to (viii) as (x) to (xii),
    respectively. Former cls. (x) to (xii) redesignated (xiv) to (xvi),
    respectively.
      Subsec. (b)(2)(A)(xiii). Pub. L. 108-36, Sec. 114(b)(1)(B)(vii),
    inserted "who has received training appropriate to the role, and"
    after "guardian ad litem," and "who has received training
    appropriate to that role" after "advocate".
      Pub. L. 108-36, Sec. 114(b)(1)(B)(i), redesignated cl. (ix) as
    (xiii). Former cl. (xiii) redesignated (xvii).
      Subsec. (b)(2)(A)(xiv). Pub. L. 108-36, Sec. 114(b)(1)(B)(i),
    redesignated cl. (x) as (xiv).
      Subsec. (b)(2)(A)(xv). Pub. L. 108-36, Sec. 114(b)(1)(B)(viii),
    struck out "to be effective not later than 2 years after October 3,
    1996" before dash at end of introductory provisions.
      Pub. L. 108-36, Sec. 114(b)(1)(B)(i), redesignated cl. (xi) as
    (xv).
      Subsec. (b)(2)(A)(xvi). Pub. L. 108-36, Sec. 114(b)(1)(B)(ix)(I),
    struck out "to be effective not later than 2 years after October 3,
    1996," after "mechanisms" in introductory provisions.
      Pub. L. 108-36, Sec. 114(b)(1)(B)(i), redesignated cl. (xii) as
    (xvi).
      Subsec. (b)(2)(A)(xvi)(IV). Pub. L. 108-36, Sec.
    114(b)(1)(B)(ix)(II), struck out "and" at end.
      Subsec. (b)(2)(A)(xvii). Pub. L. 108-36, Sec. 114(b)(1)(B)(x),
    substituted "clause (xvi)" for "clause (xii)" in two places.
      Pub. L. 108-36, Sec. 114(b)(1)(B)(i), redesignated cl. (xiii) as
    (xvii).
      Subsec. (b)(2)(A)(xviii) to (xxii). Pub. L. 108-36, Sec.
    114(b)(1)(B)(xi), added cls. (xviii) to (xxii).
      Subsec. (b)(3). Pub. L. 108-36, Sec. 114(b)(2), substituted "With
    regard to clauses (vi) and (vii) of paragraph (2)(A)" for "With
    regard to clauses (v) and (vi) of paragraph (2)(A)".
      Subsec. (c)(4)(A). Pub. L. 108-36, Sec. 114(c)(1)(A)(i), in
    introductory provisions, substituted ", procedures, and practices"
    for "and procedures" and "State and local child protection system
    agencies" for "the agencies".
      Subsec. (c)(4)(A)(iii)(I). Pub. L. 108-36, Sec. 114(c)(1)(A)(ii),
    substituted "State and local" for "State".
      Subsec. (c)(4)(C). Pub. L. 108-36, Sec. 114(c)(1)(B), added
    subpar. (C).
      Subsec. (c)(6). Pub. L. 108-36, Sec. 114(c)(2), substituted
    "State and the public" for "public" and inserted before period at
    end "and recommendations to improve the child protection services
    system at the State and local levels. Not later than 6 months after
    the date on which a report is submitted by the panel to the State,
    the appropriate State agency shall submit a written response to
    State and local child protection systems and the citizen review
    panel that describes whether or how the State will incorporate the
    recommendations of such panel (where appropriate) to make
    measurable progress in improving the State and local child
    protective system".
      Subsec. (d)(13), (14). Pub. L. 108-36, Sec. 114(d), added pars.
    (13) and (14).
      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."]

                                  REPORT                              
      Pub. L. 108-36, title I, Sec. 114(e), June 25, 2003, 117 Stat.
    812, required the Secretary of Health and Human Services to prepare
    and submit to Congress, not later than 2 years after June 25, 2003,
    a report describing the extent of State implementation of the
    policies and procedures required under section 5106a(b)(2)(B)(ii)
    of this title.

                          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."

-FOOTNOTE-               

    (!1) So in original.

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


-End-



-CITE-
    42 USC Sec. 5106a-1                                         01/03/2007

-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.

-MISC1-
    Sec. 5106a-1. Repealed. Pub. L. 103-252, title IV, Sec. 401(b)(2),
      May 18, 1994, 108 Stat. 672.
      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                                           01/03/2007

-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.

-MISC1-
    Sec. 5106b. Repealed. Pub. L. 104-235, title I, Sec. 108, Oct. 3,
      1996, 110 Stat. 3078.
      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                                           01/03/2007

-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;
        (3) the investigation and prosecution of cases of child abuse
      and neglect, particularly child sexual abuse and exploitation;
      and
        (4) the handling of cases involving children with disabilities
      or serious health-related problems who are victims of abuse or
      neglect.
    (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; Pub. L. 108-36,
    title I, Sec. 115, June 25, 2003, 117 Stat. 812.)

-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                            
      2003 - Subsec. (a)(4). Pub. L. 108-36 added par. (4).
      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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 5106d                                           01/03/2007

-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.
    (d) Sense of Congress
      It is the sense of Congress that the Secretary should encourage
    all States and public and private agencies or organizations that
    receive assistance under this subchapter to ensure that children
    and families with limited English proficiency who participate in
    programs under this subchapter are provided materials and services
    under such programs in an appropriate language other than English.
    (e) Annual report
      A State that receives funds under section 5106a(a) of this title
    shall annually prepare and submit to the Secretary a report
    describing the manner in which funds provided under this subchapter
    and subchapter III of this chapter, alone or in combination with
    other Federal funds, were used to address the purposes and achieve
    the objectives of section 5106a of this title.

-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; Pub. L. 108-36, title I, Sec. 116, June 25, 2003,
    117 Stat. 812.)


-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                            
      2003 - Subsecs. (d), (e). Pub. L. 108-36 added subsecs. (d) and
    (e).
      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                                           01/03/2007

-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                                           01/03/2007

-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.
    (c) Study and report relating to citizen review panels
      (1) Study
        The Secretary shall conduct a study by random sample of the
      effectiveness of the citizen review panels established under
      section 5106a(c) of this title.
      (2) Report
        Not later than 3 years after June 25, 2003, the Secretary shall
      submit to the Committee on Education and the Workforce of the
      House of Representatives and the Committee on Health, Education,
      Labor, and Pensions of the Senate a report that contains the
      results of the study conducted under paragraph (1).

-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; Pub. L. 108-36, title I, Sec.
    118, June 25, 2003, 117 Stat. 813.)

-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                            
      2003 - Subsec. (c). Pub. L. 108-36 added subsec. (c).
      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                                         01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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 $120,000,000 for fiscal year 2004 and such sums as may
      be necessary for each of the fiscal years 2005 through 2008.
      (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 shall make available not more
        than 40 percent of such amounts to carry out section 5105 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; Pub. L. 108-
    36, title I, Sec. 117, June 25, 2003, 117 Stat. 812.)


-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                            
      2003 - Subsec. (a)(1). Pub. L. 108-36, Sec. 117(a), amended
    heading and text of par. (1) generally. Prior to amendment, text
    read as follows: "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."
      Subsec. (a)(2)(B). Pub. L. 108-36, Sec. 117(b), substituted
    "Secretary shall make" for "Secretary make" and "section 5105" for
    "section 5106a".
      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."

-End-



-CITE-
    42 USC Sec. 5106i                                           01/03/2007

-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                                            01/03/2007

-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               01/03/2007

-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              

-End-



-CITE-
    42 USC Sec. 5111                                            01/03/2007

-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 has increased by
      nearly 24 percent since 1994, as our Nation's foster care
      population included more than 565,000 as of September of 2001;
        (2) children entering foster care have complex problems that
      require intensive services, with many such children having
      special needs because they are born to mothers who did not
      receive prenatal care, are born with life threatening conditions
      or disabilities, are born addicted to alcohol or other drugs, or
      have been exposed to infection with the etiologic agent for the
      human immunodeficiency virus;
        (3) each year, thousands of children are in need of placement
      in permanent, adoptive homes;
        (4) many thousands of children remain in institutions or foster
      homes solely because of legal and other barriers to their
      placement in permanent, adoptive homes;
        (5)(A) currently, there are 131,000 children waiting for
      adoption;
        (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;
        (6) adoption may be the best alternative for assuring the
      healthy development of such children;
        (7) there are qualified persons seeking to adopt such children
      who are unable to do so because of barriers to their placement;
      and
        (8) 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, including geographic 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 an Internet-based 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;
    Pub. L. 108-36, title II, Sec. 201, June 25, 2003, 117 Stat. 818.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(1) to (3). Pub. L. 108-36, Sec. 201(1)(A),
    added pars. (1) to (3) and struck out former pars. (1) to (3) which
    read as follows:
      "(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;".
      Subsec. (a)(4). Pub. L. 108-36, Sec. 201(1)(A), (D), redesignated
    par. (5) as (4) and struck out former par. (4) which read as
    follows: "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;".
      Subsec. (a)(5). Pub. L. 108-36, Sec. 201(1)(D), redesignated par.
    (7) as (5). Former par. (5) redesignated (4).
      Subsec. (a)(6). Pub. L. 108-36, Sec. 201(1)(B), (D), redesignated
    par. (8) as (6) and struck out former par. (6) which read as
    follows: "the majority of such children are of school age, members
    of sibling groups or disabled;".
      Subsec. (a)(7). Pub. L. 108-36, Sec. 201(1)(D), redesignated par.
    (9) as (7). Former par. (7) redesignated (5).
      Subsec. (a)(7)(A). Pub. L. 108-36, Sec. 201(1)(C), added subpar.
    (A) and struck out former subpar. (A) which read as follows:
    "currently, 40,000 children are free for adoption and awaiting
    placement;".
      Subsec. (a)(8) to (10). Pub. L. 108-36, Sec. 201(1)(D),
    redesignated pars. (8) to (10) as (6) to (8), respectively.
      Subsec. (b). Pub. L. 108-36, Sec. 201(2)(A), inserted ",
    including geographic barriers," after "barriers" in introductory
    provisions.
      Subsec. (b)(2). Pub. L. 108-36, Sec. 201(2)(B), substituted "an
    Internet-based national" for "a national".
      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                                            01/03/2007

-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.

-MISC1-
    Sec. 5112. Repealed. Pub. L. 102-295, title IV, Sec. 402, May 28,
      1992, 106 Stat. 213.
      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                                            01/03/2007

-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 services

-STATUTE-
    (a) In general
      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) Required activities
      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 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
      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 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
      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 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) support the placement of children in kinship care
      arrangements, pre-adoptive, or adoptive homes;
        (7) study the efficacy of States contracting with public or
      private 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 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;

        (10) provide (directly or by grant to or contract with States,
      local government entities, public or private 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 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; and

        (11) provide (directly or by grant to or contract with States,
      local government entities, or public or private licensed child
      welfare or adoption agencies) for the implementation of programs
      that are intended to increase the number of older children (who
      are in foster care and with the goal of adoption) placed in
      adoptive families, with a special emphasis on child-specific
      recruitment strategies, including - 
          (A) outreach, public education, or media campaigns to inform
        the public of the needs and numbers of older youth available
        for adoption;
          (B) training of personnel in the special needs of older youth
        and the successful strategies of child-focused, child-specific
        recruitment efforts; and
          (C) recruitment of prospective families for such children.
    (c) Services for families adopting special needs children
      (1) In general
        The Secretary shall provide (directly or by grant to or
      contract with States, local government entities, public or
      private 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
        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, 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;
          (G) assistance to support groups for adoptive parents,
        adopted children, and siblings of adopted children;
          (H) day treatment; and
          (I) respite care.
    (d) Improving placement rate of children in foster care
      (1) In general
        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) Applications; technical and other assistance
        (A) Applications
          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) Technical and other assistance
          The Secretary shall provide, directly or by grant to or
        contract with public or private 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) Payments
        (A) In general
          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) Reversion of unused funds
          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.
    (e) Elimination of barriers to adoptions across jurisdictional
      boundaries
      (1) In general
        The Secretary shall award grants to, or enter into contracts
      with, States, local government entities, public or private child
      welfare or adoption agencies, adoption exchanges, or adoption
      family groups to carry out initiatives to improve efforts to
      eliminate barriers to placing children for adoption across
      jurisdictional boundaries.
      (2) Services to supplement not supplant
        Services provided under grants made under this subsection shall
      supplement, not supplant, services provided using any other funds
      made available for the same general purposes including - 
          (A) developing a uniform homestudy standard and protocol for
        acceptance of homestudies between States and jurisdictions;
          (B) developing models of financing cross-jurisdictional
        placements;
          (C) expanding the capacity of all adoption exchanges to serve
        increasing numbers of children;
          (D) developing training materials and training social workers
        on preparing and moving children across State lines; and
          (E) developing and supporting initiative models for
        networking among agencies, adoption exchanges, and parent
        support groups across jurisdictional boundaries.

-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;
    Pub. L. 108-36, title II, Sec. 202, June 25, 2003, 117 Stat. 819.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36, Sec. 202(1), added section catchline and
    struck out former catchline.
      Subsec. (a). Pub. L. 108-36, Sec. 202(2), inserted heading.
      Subsec. (b). Pub. L. 108-36, Sec. 202(3)(A), inserted heading.
      Subsec. (b)(1). Pub. L. 108-36, Sec. 202(3)(B), struck out
    "nonprofit" before "agencies or" in two places.
      Subsec. (b)(2). Pub. L. 108-36, Sec. 202(3)(C), struck out
    "nonprofit" before "organizations,".
      Subsec. (b)(3). Pub. L. 108-36, Sec. 202(3)(D), struck out
    "nonprofit" before "agencies or organizations)".
      Subsec. (b)(4). Pub. L. 108-36, Sec. 202(3)(E), struck out
    "nonprofit" before "agencies or organizations,".
      Subsec. (b)(6). Pub. L. 108-36, Sec. 202(3)(F), substituted
    "support" for "study the nature, scope, and effects of".
      Subsec. (b)(7). Pub. L. 108-36, Sec. 202(3)(G), struck out
    "nonprofit" before "agencies (including".
      Subsec. (b)(9). Pub. L. 108-36, Sec. 202(3)(H), struck out
    "nonprofit" before "agencies or organizations)" in introductory
    provisions and "and" at end.
      Subsec. (b)(10). Pub. L. 108-36, Sec. 202(3)(I), struck out
    "nonprofit" before "licensed child" in introductory provisions and
    before "child welfare and adoption" in subpar. (A)(vi)(II), and
    substituted "; and" for period at end.
      Subsec. (b)(11). Pub. L. 108-36, Sec. 202(3)(J), added par. (11).
      Subsec. (c). Pub. L. 108-36, Sec. 202(4)(A), inserted heading.
      Subsec. (c)(1). Pub. L. 108-36, Sec. 202(4)(A), (D), inserted
    heading and struck out "nonprofit" before "licensed child" in text.
      Subsec. (c)(2). Pub. L. 108-36, Sec. 202(4)(B)-(D), inserted
    heading, realigned margins, struck out "nonprofit" before "child
    welfare" in subpar. (E), and added subpars. (H) and (I).
      Subsec. (d). Pub. L. 108-36, Sec. 202(5), inserted subsec., par.,
    and subpar. headings and, in par. (2)(B), struck out "nonprofit"
    before "agencies" and realigned cl. margins.
      Subsec. (e). Pub. L. 108-36, Sec. 202(6), added subsec. (e).
      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                                            01/03/2007

-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-
    (a) In general
      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 June 25, 2003) designed to
    determine - 
        (1) 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.(!1)

        (2) how interstate placements are being financed across State
      lines;
        (3) recommendations on best practice models for both interstate
      and intrastate adoptions; and
        (4) how State policies in defining special needs children
      differentiate or group similar categories of children.
    (b) Dynamics of successful adoption
      The Secretary shall conduct research (directly or by grant to, or
    contract with, public or private nonprofit research agencies or
    organizations) about adoption outcomes and the factors affecting
    those outcomes. The Secretary shall submit a report containing the
    results of such research to the appropriate committees of the
    Congress not later than the date that is 36 months after June 25,
    2003.
    (c) Interjurisdictional adoption
      Not later than 1 year after June 25, 2003, the Secretary shall
    submit to the appropriate committees of the Congress a report that
    contains recommendations for an action plan to facilitate the
    interjurisdictional adoption of foster children.

-SOURCE-
    (Pub. L. 95-266, title II, Sec. 204, Apr. 24, 1978, 92 Stat. 210;
    Pub. L. 108-36, title II, Secs. 203, 204, June 25, 2003, 117 Stat.
    821.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36 designated existing provisions as subsec.
    (a), inserted subsec. heading and par. (1) designation, substituted
    "June 25, 2003" for "April 24, 1978" and "to determine - " for "to
    determine", struck out "which are not licensed by or subject to
    regulation by any governmental entity" after "by persons or
    agencies", and added pars. (2) to (4) and subsecs. (b) and (c).

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.


-End-



-CITE-
    42 USC Sec. 5115                                            01/03/2007

-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 $40,000,000 for
    fiscal year 2004 and such sums as may be necessary for fiscal years
    2005 through 2008 to carry out programs and activities authorized
    under this subchapter.
      (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;
    Pub. L. 108-36, title II, Sec. 205, June 25, 2003, 117 Stat. 822.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (a), was in the original
    "this subtitle", and was translated as reading "this title",
    meaning title II of Pub. L. 95-266, to reflect the probable intent
    of Congress, because Pub. L. 95-266 does not contain subtitles.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-36 amended subsec. (a) generally.
    Prior to amendment, subsec. (a) read as follows: "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."
      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.

-End-



-CITE-
    42 USC Sec. 5115a                                           01/03/2007

-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.

-MISC1-
    Sec. 5115a. Repealed. Pub. L. 104-188, title I, Sec. 1808(d), Aug.
      20, 1996, 110 Stat. 1904.
      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 GRANTS FOR THE
           PREVENTION OF CHILD ABUSE AND NEGLECT           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-HEAD-
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
                             ABUSE AND NEGLECT

-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.


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36, title I, Sec. 121(c), June 25, 2003, 117
    Stat. 814, substituted "COMMUNITY-BASED GRANTS FOR THE PREVENTION
    OF CHILD ABUSE AND NEGLECT" for "COMMUNITY-BASED FAMILY RESOURCE
    AND SUPPORT GRANTS" in subchapter heading.

-End-



-CITE-
    42 USC Sec. 5116                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-HEAD-
    Sec. 5116. Purpose and authority

-STATUTE-
    (a) Purpose
      It is the purpose of this subchapter - 
        (1) to support community-based efforts to develop, operate,
      expand, enhance, and, where appropriate to network, initiatives
      aimed at the prevention of child abuse and neglect, and to
      support networks of coordinated resources and activities to
      better strengthen and support families to reduce the likelihood
      of child abuse and neglect; 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 community-
      based and prevention-focused programs and activities designed to
      strengthen and support families to prevent child abuse and
      neglect (through networks where appropriate) that are accessible,
      effective, culturally appropriate, and build upon existing
      strengths 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;
          (G) demonstrate a commitment to meaningful parent leadership,
        including among parents of children with disabilities, parents
        with disabilities, racial and ethnic minorities, and members of
        other underrepresented or underserved groups; and
          (H) provide referrals to early health and developmental
        services;

        (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 through leveraging of funds 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
      community-based and prevention-focused, programs and activities
      designed to strengthen and support families to prevent child
      abuse and neglect (through networks where appropriate); 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; amended Pub. L.
    108-36, title I, Sec. 121(a), (b), June 25, 2003, 117 Stat. 813.)

-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).

                                AMENDMENTS                            
      2003 - Subsec. (a)(1). Pub. L. 108-36, Sec. 121(a), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "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".
      Subsec. (b)(1). Pub. L. 108-36, Sec. 121(b)(1)(A), in
    introductory provisions, substituted "community-based and
    prevention-focused programs and activities designed to strengthen
    and support families to prevent child abuse and neglect (through
    networks where appropriate) that are accessible, effective,
    culturally appropriate, and build upon existing strengths that" for
    "Statewide networks of community-based, prevention-focused, family
    resource and support programs that".
      Subsec. (b)(1)(G), (H). Pub. L. 108-36, Sec. 121(b)(1)(B), (C),
    added subpars. (G) and (H) and struck out former subpar. (G) which
    read as follows: "decrease the risk of homelessness;".
      Subsec. (b)(4). Pub. L. 108-36, Sec. 121(b)(2), inserted "through
    leveraging of funds" after "maximizing funding" and substituted
    "community-based and prevention-focused" for "a Statewide network
    of community-based, prevention-focused" and "programs and
    activities designed to strengthen and support families to prevent
    child abuse and neglect (through networks where appropriate)" for
    "family resource and support program".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 5116a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-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
      community-based and prevention-focused, programs and activities
      designed to strengthen and support families to prevent child
      abuse and neglect (through networks where appropriate);
        (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) that exists to
      strengthen and support families to prevent child abuse and
      neglect 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) community-based and prevention-focused programs and
        activities designed to strengthen and support families to
        prevent child abuse and neglect (through networks where
        appropriate) 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 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 parents
        with disabilities; and
          (C) direction and oversight 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 community-
        based and prevention-focused programs and activities designed
        to strengthen and support families to prevent child abuse and
        neglect (through networks where appropriate);
          (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
        community-based and prevention-focused programs and activities
        designed to strengthen and support families to prevent child
        abuse and neglect (through networks where appropriate);
          (C) has the capacity to provide operational support (both
        financial and programmatic) (!1) training, technical
        assistance, and evaluation assistance, to community-based and
        prevention-focused programs and activities designed to
        strengthen and support families to prevent child abuse and
        neglect (through networks where appropriate), 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, parents 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; amended Pub. L.
    108-36, title I, Sec. 122, June 25, 2003, 117 Stat. 814.)


-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).

                                AMENDMENTS                            
      2003 - Par. (1)(A). Pub. L. 108-36, Sec. 122(1)(A), substituted
    "community-based and prevention-focused" for "a Statewide network
    of community-based, prevention-focused" and "programs and
    activities designed to strengthen and support families to prevent
    child abuse and neglect (through networks where appropriate)" for
    "family resource and support programs, child abuse and neglect
    prevention activities and access to respite care services
    integrated with the Statewide network".
      Par. (1)(B). Pub. L. 108-36, Sec. 122(1)(B), inserted "that
    exists to strengthen and support families to prevent child abuse
    and neglect" after "written authority of the State)".
      Par. (2)(A). Pub. L. 108-36, Sec. 122(2)(A), substituted
    "community-based and prevention-focused programs and activities
    designed to strengthen and support families to prevent child abuse
    and neglect (through networks where appropriate)" for "a network of
    community-based family resource and support programs".
      Par. (2)(B). Pub. L. 108-36, Sec. 122(2)(B), struck out "to the
    network" after "direction" and inserted ", and parents with
    disabilities" before semicolon.
      Par. (2)(C). Pub. L. 108-36, Sec. 122(2)(C), struck out "to the
    network" after "direction and oversight".
      Par. (3)(A). Pub. L. 108-36, Sec. 122(3)(A), substituted
    "community-based and prevention-focused programs and activities
    designed to strengthen and support families to prevent child abuse
    and neglect (through networks where appropriate)" for "Statewide
    network of community-based, prevention-focused, family resource and
    support programs".
      Par. (3)(B). Pub. L. 108-36, Sec. 122(3)(B), substituted
    "community-based and prevention-focused programs and activities
    designed to strengthen and support families to prevent child abuse
    and neglect (through networks where appropriate)" for "Statewide
    network of community-based, prevention-focused, family resource and
    support programs".
      Par. (3)(C). Pub. L. 108-36, Sec. 122(3)(C), substituted
    "training, technical assistance, and evaluation assistance, to
    community-based and prevention-focused programs and activities
    designed to strengthen and support families to prevent child abuse
    and neglect (through networks where appropriate)" for "and training
    and technical assistance, to the Statewide network of community-
    based, prevention-focused, family resource and support programs".
      Par. (3)(D). Pub. L. 108-36, Sec. 122(3)(D), inserted ", parents
    with disabilities," after "children with disabilities".

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
    42 USC Sec. 5116b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-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 of private, State or other non-Federal funds leveraged
        and directed through the currently designated State lead entity
        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 current lead
        entity 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 (b) 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; amended Pub. L.
    108-36, title I, Sec. 123, June 25, 2003, 117 Stat. 815.)


-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).

                                AMENDMENTS                            
      2003 - Subsec. (b)(1)(B). Pub. L. 108-36, Sec. 123(1),
    substituted "as the amount of private, State or other non-Federal
    funds leveraged and directed through the currently designated" for
    "as the amount leveraged by the State from private, State, or other
    non-Federal sources and directed through the", "State lead entity"
    for "State lead agency", and "the current lead entity" for "the
    lead agency".
      Subsec. (c)(2). Pub. L. 108-36, Sec. 123(2), substituted
    "subsection (b)" for "subsection (a)".

-End-



-CITE-
    42 USC Sec. 5116c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-HEAD-
    Sec. 5116c. Repealed.

-MISC1-
    Sec. 5116c. Repealed. Pub. L. 108-36, title I, Sec. 124, June 25,
      2003, 117 Stat. 815.
      Section, 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, related to
    continuation of grants and agreements in effect on October 3, 1996.
      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).

-End-



-CITE-
    42 USC Sec. 5116d                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-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 community-based
      and prevention-focused programs and activities designed to
      strengthen and support families to prevent child abuse and
      neglect (through networks where appropriate) which meets the
      requirements of section 5116a of this title;
        (2) a description of how the community-based and prevention-
      focused programs and activities designed to strengthen and
      support families to prevent child abuse and neglect (through
      networks where appropriate) will operate and how family resource
      and support services provided by public and private, nonprofit
      organizations will be integrated into a developing continuum of
      family centered, holistic, preventive services for children and
      families;
        (3) a description of the inventory of current unmet needs and
      current community-based and prevention-focused programs and
      activities to prevent child abuse and neglect, and other family
      resource services operating in the State;
        (4) a budget for the development, operation and expansion of
      the community-based and prevention-focused programs and
      activities designed to strengthen and support families to prevent
      child abuse and neglect 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 start up, maintenance, expansion, and redesign
      of community-based and prevention-focused programs and activities
      designed to strengthen and support families to prevent child
      abuse and neglect;
        (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, community-based and prevention-
      focused programs and activities designed to strengthen and
      support families to prevent child abuse and neglect as part of
      network development, expansion or enhancement;
        (8) a description of outreach activities that the entity and
      the community-based and prevention-focused programs and
      activities designed to strengthen and support families to prevent
      child abuse and neglect 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 and prevention-focused
      programs and activities designed to strengthen and support
      families to prevent child abuse and neglect 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 (where appropriate) 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
      community-based and prevention-focused programs and activities
      designed to strengthen and support families to prevent child
      abuse and neglect services to children and families; and
        (12) 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; amended Pub. L.
    108-36, title I, Sec. 125, June 25, 2003, 117 Stat. 815.)


-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).

                                AMENDMENTS                            
      2003 - Par. (1). Pub. L. 108-36, Sec. 125(1), substituted
    "community-based and prevention-focused programs and activities
    designed to strengthen and support families to prevent child abuse
    and neglect (through networks where appropriate)" for "Statewide
    network of community-based, prevention-focused, family resource and
    support programs".
      Par. (2). Pub. L. 108-36, Sec. 125(2), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect
    (through networks where appropriate)" for "network of community-
    based, prevention-focused, family resource and support programs"
    and struck out ", including those funded by programs consolidated
    under this subchapter and subchapter I of this chapter," before
    "will be integrated".
      Par. (3). Pub. L. 108-36, Sec. 125(3), added par. (3) and struck
    out former par. (3) which read as follows: "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;".
      Par. (4). Pub. L. 108-36, Sec. 125(4), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "State's network of community-based, prevention-focused, family
    resource and support programs".
      Par. (5). Pub. L. 108-36, Sec. 125(5), substituted "start up,
    maintenance, expansion, and redesign of community-based and
    prevention-focused programs and activities designed to strengthen
    and support families to prevent child abuse and neglect" for
    "Statewide network of community-based, prevention-focused, family
    resource and support programs".
      Par. (7). Pub. L. 108-36, Sec. 125(6), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "individual community-based, prevention-focused, family
    resource and support programs".
      Par. (8). Pub. L. 108-36, Sec. 125(7), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "community-based, prevention-focused, family resource and
    support programs".
      Par. (9). Pub. L. 108-36, Sec. 125(8), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "community-based, prevention-focused, family resource and
    support programs".
      Par. (10). Pub. L. 108-36, Sec. 125(9), inserted "(where
    appropriate)" after "members".
      Par. (11). Pub. L. 108-36, Sec. 125(10), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "prevention-focused, family resource and support program".
      Pars. (12), (13). Pub. L. 108-36, Sec. 125(11), redesignated par.
    (13) as (12).

-End-



-CITE-
    42 USC Sec. 5116e                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-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, and
    prevention-focused programs and activities designed to strengthen
    and support families to prevent child abuse and neglect 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 voluntary home visiting and 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 and prevention-
      focused programs and activities designed to strengthen and
      support families to prevent child abuse and neglect in the
      development, operation and expansion of networks where
      appropriate.
    (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; amended Pub. L.
    108-36, title I, Sec. 126, June 25, 2003, 117 Stat. 816.)


-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).

                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-36, Sec. 126(1), substituted "and
    prevention-focused programs and activities designed to strengthen
    and support families to prevent child abuse and neglect" for
    "prevention-focused, family resource and support programs" in
    introductory provisions.
      Subsec. (a)(3)(B). Pub. L. 108-36, Sec. 126(2), inserted
    "voluntary home visiting and" after "including".
      Subsec. (a)(6). Pub. L. 108-36, Sec. 126(3), added par. (6) and
    struck out former par. (6) which read as follows: "participate with
    other community-based, prevention-focused, family resource and
    support program grantees in the development, operation and
    expansion of the Statewide network."

-End-



-CITE-
    42 USC Sec. 5116f                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-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 community-based and prevention-focused programs and
      activities designed to strengthen and support families to prevent
      child abuse and neglect 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 that they will have addressed 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 parents with
      disabilities, and the involvement of a diverse representation of
      families in the design, operation, and evaluation of community-
      based and prevention-focused programs and activities designed to
      strengthen and support families to prevent child abuse and
      neglect, and in the design, operation and evaluation of the
      networks of such community-based and prevention-focused programs;
        (5) shall demonstrate a high level of satisfaction among
      families who have used the services of the community-based and
      prevention-focused programs and activities designed to strengthen
      and support families to prevent child abuse and neglect;
        (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
      community-based and prevention-focused programs and activities
      designed to strengthen and support families to prevent child
      abuse and neglect;
        (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 and
      prevention-focused programs and activities designed to strengthen
      and support families to prevent child abuse and neglect.

-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; amended Pub. L.
    108-36, title I, Sec. 127, June 25, 2003, 117 Stat. 817.)


-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).

                                AMENDMENTS                            
      2003 - Par. (1). Pub. L. 108-36, Sec. 127(1), substituted
    "community-based and prevention-focused programs and activities
    designed to strengthen and support families to prevent child abuse
    and neglect" for "a Statewide network of community-based,
    prevention-focused, family resource and support programs".
      Par. (3). Pub. L. 108-36, Sec. 127(2), added par. (3) and struck
    out former par. (3) which read as follows: "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;".
      Par. (4). Pub. L. 108-36, Sec. 127(3), inserted "and parents with
    disabilities," after "children with disabilities," and substituted
    "evaluation of community-based and prevention-focused programs and
    activities designed to strengthen and support families to prevent
    child abuse and neglect, and in the design, operation and
    evaluation of the networks of such community-based and prevention-
    focused programs" for "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".
      Par. (5). Pub. L. 108-36, Sec. 127(4), substituted "and
    prevention-focused programs and activities designed to strengthen
    and support families to prevent child abuse and neglect" for ",
    prevention-focused, family resource and support programs".
      Par. (6). Pub. L. 108-36, Sec. 127(5), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "Statewide network of community-based, prevention-focused,
    family resource and support programs".
      Par. (8). Pub. L. 108-36, Sec. 127(6), substituted "community-
    based and prevention-focused programs and activities designed to
    strengthen and support families to prevent child abuse and neglect"
    for "community based, prevention-focused, family resource and
    support programs".

-End-



-CITE-
    42 USC Sec. 5116g                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-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 community-based and
      prevention-focused programs and activities designed to strengthen
      and support families to prevent child abuse and neglect;
        (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; amended Pub. L.
    108-36, title I, Sec. 128, June 25, 2003, 117 Stat. 817.)


-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).

                                AMENDMENTS                            
      2003 - Par. (3). Pub. L. 108-36 substituted "community-based and
    prevention-focused programs and activities designed to strengthen
    and support families to prevent child abuse and neglect" for
    "Statewide networks of community-based, prevention-focused, family
    resource and support programs".

-End-



-CITE-
    42 USC Sec. 5116h                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-HEAD-
    Sec. 5116h. Definitions

-STATUTE-
      For purposes of this subchapter:
      (1) Children with disabilities
        The term "children with disabilities" has the same meaning
      given the term "child with a disability" in section 1401(3) or
      "infant or toddler with a disability" in section 1432(5) 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) Community-based and prevention-focused programs and
        activities to prevent child abuse and neglect
        The term "community-based and prevention-focused programs and
      activities designed to strengthen and support families to prevent
      child abuse and neglect" includes organizations such as family
      resource programs, family support programs, voluntary home
      visiting programs, respite care programs, parenting education,
      mutual support programs, and other community programs or networks
      of such programs that provide activities that are designed to
      prevent or respond to child abuse and neglect.
      (4) Repealed. Pub. L. 108-36, title I, Sec. 129(b), June 25,
        2003, 117 Stat. 817
      (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; amended Pub. L.
    108-36, title I, Sec. 129, June 25, 2003, 117 Stat. 817.)


-MISC1-
                                AMENDMENTS                            
      2003 - Par. (1). Pub. L. 108-36, Sec. 129(a), substituted "given
    the term 'child with a disability' in section 1401(3) or 'infant or
    toddler with a disability' in section 1432(5) of title 20" for
    "given such term in section 1401(a)(2) of title 20".
      Pars. (3), (4). Pub. L. 108-36, Sec. 129(b), added par. (3) and
    struck out former pars. (3) and (4), which related, respectively,
    to family resource and support programs and outreach services.

-End-



-CITE-
    42 USC Sec. 5116i                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
           ABUSE AND NEGLECT                             

-HEAD-
    Sec. 5116i. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out this
    subchapter $80,000,000 for fiscal year 2004 and such sums as may be
    necessary for each of the fiscal years 2005 through 2008.

-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; amended Pub. L.
    108-36, title I, Sec. 130, June 25, 2003, 117 Stat. 818.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36 amended section catchline and text
    generally. Prior to amendment, text read as follows: "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."

-End-


-CITE-
    42 USC SUBCHAPTER IV - TEMPORARY CHILD CARE FOR CHILDREN
           WITH DISABILITIES AND CRISIS NURSERIES          01/03/2007

-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                                  01/03/2007

-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.

-MISC1-
    Secs. 5117 to 5117d. Repealed. Pub. L. 104-235, title I, Sec.
      142(a), Oct. 3, 1996, 110 Stat. 3089.
      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 IV-A - ABANDONED INFANTS ASSISTANCE       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE

-HEAD-
              SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE          

-COD-
                               CODIFICATION                           
      This subchapter is comprised generally of Pub. L. 100-505, Oct.
    18, 1988, 102 Stat. 2533, as amended. Pub. L. 100-505 was formerly
    set out as a note under section 670 of this title. Section 105 of
    Pub. L. 100-505, which provided for termination of the grant
    program described in this subchapter on Sept. 30, 1991, was
    repealed by Pub. L. 102-236, Sec. 8, Dec. 12, 1991, 105 Stat. 1816.

-End-



-CITE-
    42 USC Sec. 5117aa                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE

-HEAD-
    Sec. 5117aa. Findings

-STATUTE-
      The Congress finds that - 
        (1) studies indicate that a number of factors contribute to the
      inability of some parents to provide adequate care for their
      infants and young children and a lack of suitable shelter homes
      for such infants and young children have led to the abandonment
      of such infants and young children in hospitals for extended
      periods;
        (2) an unacceptable number of these infants and young children
      will be medically cleared for discharge, yet remain in hospitals
      as boarder babies;
        (3) hospital-based child care for these infants and young
      children is extremely costly and deprives them of an adequate
      nurturing environment;
        (4) appropriate training is needed for personnel working with
      infants and young children with life-threatening conditions and
      other special needs, including those who are infected with the
      human immunodeficiency virus (commonly known as "HIV"), those who
      have acquired immune deficiency syndrome (commonly known as
      "AIDS"), and those who have been exposed to dangerous drugs;
        (5) infants and young children who are abandoned in hospitals
      are particularly difficult to place in foster homes, and are
      being abandoned in hospitals in increasing numbers by mothers
      dying of acquired immune deficiency syndrome, by parents abusing
      drugs, or by parents incapable of providing adequate care;
        (6) there is a need for comprehensive support services for such
      infants and young children and their families and services to
      prevent the abandonment of such infants and young children,
      including foster care services, case management services, family
      support services, respite and crisis intervention services,
      counseling services, and group residential home services;
        (7) there is a need to support the families of such infants and
      young children through the provision of services that will
      prevent the abandonment of the infants and children; and
        (8) private, Federal, State, and local resources should be
      coordinated to establish and maintain services described in
      paragraph (7) and to ensure the optimal use of all such
      resources.

-SOURCE-
    (Pub. L. 100-505, Sec. 2, Oct. 18, 1988, 102 Stat. 2533; Pub. L.
    102-236, Sec. 2, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 108-36,
    title III, Sec. 301, June 25, 2003, 117 Stat. 822.)


-MISC1-
                                AMENDMENTS                            
      2003 - Par. (1). Pub. L. 108-36, Sec. 301(1), (8), redesignated
    par. (2) as (1) and struck out former par. (1) which read as
    follows: "throughout the Nation, the number of infants and young
    children who have been exposed to drugs taken by their mothers
    during pregnancy has increased dramatically;".
      Par. (2). Pub. L. 108-36, Sec. 301(8), redesignated par. (3) as
    (2). Former par. (2) redesignated (1).
      Pub. L. 108-36, Sec. 301(2), substituted "studies indicate that a
    number of factors contribute to the inability of some parents to
    provide adequate care for their infants" for "the inability of
    parents who abuse drugs to provide adequate care for such infants".
      Pars. (3), (4). Pub. L. 108-36, Sec. 301(8), redesignated pars.
    (4) and (5) as (3) and (4), respectively. Former par. (3)
    redesignated (2).
      Par. (5). Pub. L. 108-36, Sec. 301(8), redesignated par. (8) as
    (5). Former par. (5) redesignated (4).
      Pub. L. 108-36, Sec. 301(3), amended par. (5) generally. Prior to
    amendment, par. (5) read as follows: "training is inadequate for
    foster care personnel working with medically fragile infants and
    young children and infants and young children exposed to drugs;".
      Pars. (6), (7). Pub. L. 108-36, Sec. 301(4), (8), redesignated
    pars. (9) and (10) as (6) and (7), respectively, and struck out
    former pars. (6) and (7) which read as follows:
      "(6) a particularly devastating development is the increase in
    the number of infants and young children who are infected with the
    human immunodeficiency virus (which is believed to cause acquired
    immune deficiency syndrome and which is commonly known as HIV) or
    who have been perinatally exposed to the virus or to a dangerous
    drug;
      "(7) many such infants and young children have at least one
    parent who is an intravenous drug abuser;".
      Par. (8). Pub. L. 108-36, Sec. 301(9), added par. (8). Former
    par. (8) redesignated (5).
      Pub. L. 108-36, Sec. 301(5), substituted "infants and young
    children who are abandoned in hospitals" for "such infants and
    young children" and inserted "by parents abusing drugs," after
    "deficiency syndrome,".
      Par. (9). Pub. L. 108-36, Sec. 301(8), redesignated par. (9) as
    (6).
      Pub. L. 108-36, Sec. 301(6), substituted "comprehensive support
    services for such infants and young children and their families and
    services to prevent the abandonment of such infants and young
    children, including foster care services, case management services,
    family support services, respite and crisis intervention services,
    counseling services, and group residential home services;" for
    "comprehensive services for such infants and young children,
    including foster family care services, case management services,
    family support services, respite and crisis intervention services,
    counseling services, and group residential home services;".
      Par. (10). Pub. L. 108-36, Sec. 301(8), redesignated par. (10) as
    (7).
      Par. (11). Pub. L. 108-36, Sec. 301(7), struck out par. (11)
    which read as follows: "there is a need for the development of
    funding strategies that coordinate and make the optimal use of all
    private resources, and Federal, State, and local resources, to
    establish and maintain such services."
      1991 - Par. (3). Pub. L. 102-236, Sec. 2(1), substituted "an
    unacceptable number" for "the vast majority".
      Par. (6). Pub. L. 102-236, Sec. 2(2), substituted "the number of
    infants and young children who are infected with the human
    immunodeficiency virus (which is believed to cause acquired immune
    deficiency syndrome and which is commonly known as HIV) or who have
    been perinatally exposed to the virus or to a dangerous drug;" for
    "the number of cases of acquired immune deficiency syndrome in
    infants and young children, and the number of such cases has
    doubled within the last 13 months;".
      Par. (7). Pub. L. 102-236, Sec. 2(3), substituted "many such" for
    "more than 80 percent of" and struck out "with acquired immune
    deficiency syndrome" after "young children".
      Par. (8). Pub. L. 102-236, Sec. 2(4), substituted "such infants
    and young children" for "infants and young children with acquired
    immune deficiency syndrome".
      Pars. (10), (11). Pub. L. 102-236, Sec. 2(5), added par. (10) and
    redesignated former par. (10) as (11).

                                SHORT TITLE                            
      For short title of this subchapter as the "Abandoned Infants
    Assistance Act of 1988", see section 1 of Pub. L. 100-505, set out
    as a note under section 5101 of this title.

-End-


-CITE-
    42 USC Part A - Projects Regarding Abandonment of Infants
                     and Young Children in Hospitals       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE
    Part A - Projects Regarding Abandonment of Infants and Young
              Children in Hospitals                   

-HEAD-
       PART A - PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG
                           CHILDREN IN HOSPITALS


-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-236, Sec. 7, Dec. 12, 1991, 105 Stat. 1816,
    substituted "Projects Regarding Abandonment of Infants and Young
    Children in Hospitals" for "Foster Care and Residential Care of
    Infants and Young Children Abandoned in Hospitals" in part heading.

-End-



-CITE-
    42 USC Sec. 5117aa-11                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE
    Part A - Projects Regarding Abandonment of Infants and Young
              Children in Hospitals                   

-HEAD-
    Sec. 5117aa-11. Establishment of local projects

-STATUTE-
    (a) In general
      The Secretary of Health and Human Services may make grants to
    public and nonprofit private entities for the purpose of
    developing, implementing, and operating projects to demonstrate
    methods - 
        (1) to prevent the abandonment of infants and young children,
      including the provision of services to members of the natural
      family for any condition that increases the probability of
      abandonment of an infant or young child;
        (2) to identify and address the needs of abandoned infants and
      young children;
        (3) to assist abandoned infants and young children to reside
      with their natural families or in foster care, as appropriate;
        (4) to recruit, train, and retain foster families for abandoned
      infants and young children;
        (5) to carry out residential care programs for abandoned
      infants and young children who are unable to reside with their
      families or to be placed in foster care;
        (6) to carry out programs of respite care for families and
      foster families of infants and young children described in
      subsection (b);
        (7) to recruit and train health and social services personnel
      to work with families, foster care families, and residential care
      programs for abandoned infants and young children; and
        (8) to prevent the abandonment of infants and young children,
      and to care for the infants and young children who have been
      abandoned, through model programs providing health, educational,
      and social services at a single site in a geographic area in
      which a significant number of infants and young children
      described in subsection (b) reside (with special consideration
      given to applications from entities that will provide the
      services of the project through community-based organizations).
    (b) Priority in provision of services
      The Secretary may not make a grant under subsection (a) unless
    the applicant for the grant agrees to give priority to abandoned
    infants and young children who - 
        (1) are infected with, or have been perinatally exposed to, the
      human immunodeficiency virus, or have a life-threatening illness
      or other special medical need; or
        (2) have been perinatally exposed to a dangerous drug.
    (c) Case plan with respect to foster care
      The Secretary may not make a grant under subsection (a) unless
    the applicant for the grant agrees that, if the applicant expends
    the grant to carry out any program of providing care to infants and
    young children in foster homes or in other nonmedical residential
    settings away from their parents, the applicant will ensure that - 
        (1) a case plan of the type described in paragraph (1) of
      section 675 of this title is developed for each such infant and
      young child (to the extent that such infant and young child is
      not otherwise covered by such a plan); and
        (2) the program includes a case review system of the type
      described in paragraph (5) of such section (covering each such
      infant and young child who is not otherwise subject to such a
      system).
    (d) Administration of grant
      (1) The Secretary may not make a grant under subsection (a)
    unless the applicant for the grant agrees - 
        (A) to use the funds provided under this section only for the
      purposes specified in the application submitted to, and approved
      by, the Secretary pursuant to subsection (e);
        (B) to establish such fiscal control and fund accounting
      procedures as may be necessary to ensure proper disbursement and
      accounting of Federal funds paid to the applicant under this
      section;
        (C) to report to the Secretary annually on the utilization,
      cost, and outcome of activities conducted, and services
      furnished, under this section; and
        (D) that if, during the majority of the 180-day period
      preceding October 18, 1988, the applicant has carried out any
      program with respect to the care of abandoned infants and young
      children, the applicant will expend the grant only for the
      purpose of significantly expanding, in accordance with subsection
      (a), activities under such program above the level provided under
      such program during the majority of such period.

      (2) Subject to the availability of amounts made available in
    appropriations Acts for the fiscal year involved, the duration of a
    grant under subsection (a) shall be for a period of 3 years, except
    that the Secretary - 
        (A) may terminate the grant if the Secretary determines that
      the entity involved has substantially failed to comply with the
      agreements required as a condition of the provision of the grant;
      and
        (B) shall continue the grant for one additional year if the
      Secretary determines that the entity has satisfactorily complied
      with such agreements.
    (e) Requirement of application
      The Secretary may not make a grant under subsection (a) unless - 
        (1) an application for the grant is submitted to the Secretary;
        (2) with respect to carrying out the purpose for which the
      grant is to be made, the application provides assurances of
      compliance satisfactory to the Secretary; and
        (3) the application otherwise is in such form, is made in such
      manner, and contains such agreements, assurances, and information
      as the Secretary determines to be necessary to carry out this
      section.
    (f) Technical assistance to grantees
      The Secretary may, without charge to any grantee under subsection
    (a), provide technical assistance (including training) with respect
    to the planning, development, and operation of projects described
    in such subsection. The Secretary may provide such technical
    assistance directly, through contracts, or through grants.
    (g) Technical assistance with respect to process of applying for
      grant
      The Secretary may provide technical assistance (including
    training) to public and nonprofit private entities with respect to
    the process of applying to the Secretary for a grant under
    subsection (a). The Secretary may provide such technical assistance
    directly, through contracts, or through grants.
    (h) Priority requirement
      In making grants under subsection (a), the Secretary shall give
    priority to applicants located in States that have developed and
    implemented procedures for expedited termination of parental rights
    and placement for adoption of infants determined to be abandoned
    under State law.

-SOURCE-
    (Pub. L. 100-505, title I, Sec. 101, Oct. 18, 1988, 102 Stat. 2534;
    Pub. L. 102-236, Sec. 3, Dec. 12, 1991, 105 Stat. 1812; Pub. L. 104-
    235, title II, Sec. 221, Oct. 3, 1996, 110 Stat. 3091; Pub. L. 108-
    36, title III, Sec. 302, June 25, 2003, 117 Stat. 823.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36, Sec. 302(1), substituted "Establishment of
    local projects" for "Establishment of program of demonstration
    projects" in section catchline.
      Subsec. (b). Pub. L. 108-36, Sec. 302(2), added subsec. (b) and
    struck out former subsec. (b). Prior to amendment, text read as
    follows: "The Secretary may not make a grant under subsection (a)
    unless the applicant for the grant agrees that, in carrying out the
    purpose described in subsection (a) (other than with respect to
    paragraph (6) of such subsection), the applicant will give priority
    to abandoned infants and young children - 
        "(1) who are infected with the human immunodeficiency virus or
      who have been perinatally exposed to the virus; or
        "(2) who have been perinatally exposed to a dangerous drug."
      1996 - Subsec. (h). Pub. L. 104-235 added subsec. (h).
      1991 - Subsec. (a)(1). Pub. L. 102-236, Sec. 3(c)(1), inserted
    before semicolon at end ", including the provision of services to
    members of the natural family for any condition that increases the
    probability of abandonment of an infant or young child".
      Subsec. (a)(2). Pub. L. 102-236, Sec. 3(a)(2)(A)(ii), struck out
    ", particularly those with acquired immune deficiency syndrome"
    after "young children".
      Subsec. (a)(3). Pub. L. 102-236, Sec. 3(a)(2)(A)(iii), struck out
    ", particularly those with acquired immune deficiency syndrome,"
    after "young children".
      Subsec. (a)(4). Pub. L. 102-236, Sec. 3(a)(2)(A)(ii), struck out
    ", particularly those with acquired immune deficiency syndrome"
    after "young children".
      Subsec. (a)(5). Pub. L. 102-236, Sec. 3(a)(2)(A)(ii), (c)(2),
    substituted "who are unable to reside with their families or to be
    placed in foster care" for ", particularly those with acquired
    immune deficiency syndrome".
      Subsec. (a)(6). Pub. L. 102-236, Sec. 3(a)(2)(A)(i), substituted
    "described in subsection (b)" for "with acquired immune deficiency
    syndrome".
      Subsec. (a)(7). Pub. L. 102-236, Sec. 3(a)(2)(A)(ii), struck out
    ", particularly those with acquired immune deficiency syndrome"
    after "young children".
      Subsec. (a)(8). Pub. L. 102-236, Sec. 3(b), added par. (8).
      Subsecs. (b), (c). Pub. L. 102-236, Sec. 3(a)(1), added subsec.
    (b) and redesignated former subsec. (b) as (c). Former subsec. (c)
    redesignated (d).
      Subsec. (d). Pub. L. 102-236, Sec. 3(d), designated existing
    provisions as par. (1), redesignated former pars. (1) to (4) as
    subpars. (A) to (D), respectively, realigned margins, and added
    par. (2).
      Pub. L. 102-236, Sec. (3)(a)(1)(A), redesignated subsec. (c) as
    (d). Former subsec. (d) redesignated (e).
      Subsec. (d)(1). Pub. L. 102-236, Sec. 3(a)(2)(B), substituted
    "subsection (e)" for "subsection (d)".
      Subsecs. (e) to (g). Pub. L. 102-236, Sec. 3(a)(1)(A),
    redesignated subsecs. (d) to (f) as (e) to (g), respectively.

-End-



-CITE-
    42 USC Sec. 5117aa-12                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE
    Part A - Projects Regarding Abandonment of Infants and Young
              Children in Hospitals                   

-HEAD-
    Sec. 5117aa-12. Evaluations, study, and reports by Secretary

-STATUTE-
    (a) Evaluations of local programs
      The Secretary shall, directly or through contracts with public
    and nonprofit private entities, provide for evaluations of projects
    carried out under section 5117aa-11 of this title and for the
    dissemination of information developed as a result of such
    projects.
    (b) Study and report on number of abandoned infants and young
      children
      (1) In general
        The Secretary shall conduct a study for the purpose of
      determining - 
          (A) an estimate of the annual number of infants and young
        children relinquished, abandoned, or found deceased in the
        United States and the number of such infants and young children
        who are infants and young children described in section 5117aa-
        11(b) of this title;
          (B) an estimate of the annual number of infants and young
        children who are victims of homicide;
          (C) characteristics and demographics of parents who have
        abandoned an infant within 1 year of the infant's birth; and
          (D) an estimate of the annual costs incurred by the Federal
        Government and by State and local governments in providing
        housing and care for abandoned infants and young children.
      (2) Deadline
        Not later than 36 months after June 25, 2003, the Secretary
      shall complete the study required under paragraph (1) and submit
      to Congress a report describing the findings made as a result of
      the study.
    (c) Evaluation
      The Secretary shall evaluate and report on effective methods of
    intervening before the abandonment of an infant or young child so
    as to prevent such abandonments, and effective methods for
    responding to the needs of abandoned infants and young children.

-SOURCE-
    (Pub. L. 100-505, title I, Sec. 102, Oct. 18, 1988, 102 Stat. 2535;
    Pub. L. 102-236, Sec. 4, Dec. 12, 1991, 105 Stat. 1814; Pub. L. 108-
    36, title III, Sec. 303, June 25, 2003, 117 Stat. 823.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36 amended section generally. Prior to
    amendment, text consisted of subsecs. (a) to (d) relating to
    evaluations of demonstration projects, dissemination of information
    on assistance programs to individuals with special needs, a study
    and report on the estimated number of abandoned children to be
    completed by Apr. 1, 1992, and a study and report on effective care
    methods to be completed by Apr. 1, 1991.
      1991 - Subsec. (b). Pub. L. 102-236, Sec. 4(a)(2), added subsec.
    (b). Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 102-236, Sec. 4(a)(1), redesignated subsec.
    (b) as (c). Former subsec. (c) redesignated (d).
      Subsec. (c)(1)(A). Pub. L. 102-236, Sec. 4(b)(1), substituted
    "infants and young children who are infants and young children
    described in section 5117aa-11(b) of this title" for "infants who
    have acquired immune deficiency syndrome".
      Subsec. (c)(2). Pub. L. 102-236, Sec. 4(b)(2), which directed
    striking out " 'The Secretary and all that follows through 'Act,' "
    and inserting "Not later than April 1, 1992, the Secretary shall",
    was executed by making the substitution for "The Secretary shall,
    not later than 12 months after the date of the enactment of this
    Act," to reflect the probable intent of Congress.
      Subsec. (d). Pub. L. 102-236, Sec. 4(a)(1), redesignated subsec.
    (c) as (d).

-End-


-CITE-
    42 USC Part B - General Provisions                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE
    Part B - General Provisions

-HEAD-
                        PART B - GENERAL PROVISIONS                    

-End-



-CITE-
    42 USC Sec. 5117aa-21                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE
    Part B - General Provisions

-HEAD-
    Sec. 5117aa-21. Definitions

-STATUTE-
      In this subchapter:
      (1) Abandoned; abandonment
        The terms "abandoned" and "abandonment", used with respect to
      infants and young children, mean that the infants and young
      children are medically cleared for discharge from acute-care
      hospital settings, but remain hospitalized because of a lack of
      appropriate out-of-hospital placement alternatives.
      (2) Acquired immune deficiency syndrome
        The term "acquired immune deficiency syndrome" includes
      infection with the etiologic agent for such syndrome, any
      condition indicating that an individual is infected with such
      etiologic agent, and any condition arising from such etiologic
      agent.
      (3) Dangerous drug
        The term "dangerous drug" means a controlled substance, as
      defined in section 802 of title 21.
      (4) Natural family
        The term "natural family" shall be broadly interpreted to
      include natural parents, grandparents, family members, guardians,
      children residing in the household, and individuals residing in
      the household on a continuing basis who are in a care-giving
      situation, with respect to infants and young children covered
      under this subchapter.
      (5) Secretary
        The term "Secretary" means the Secretary of Health and Human
      Services.

-SOURCE-
    (Pub. L. 100-505, title III, Sec. 301, Oct. 18, 1988, 102 Stat.
    2537; Pub. L. 108-36, title III, Sec. 305(a), June 25, 2003, 117
    Stat. 824.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 100-505, Oct. 18, 1988, 102 Stat. 2533, which
    is classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-36 amended section generally. Prior to
    amendment, section defined "acquired immune deficiency syndrome"
    and "Secretary".

-End-



-CITE-
    42 USC Sec. 5117aa-22                                       01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                          
    SUBCHAPTER IV-A - ABANDONED INFANTS ASSISTANCE
    Part B - General Provisions

-HEAD-
    Sec. 5117aa-22. Authorization of appropriations

-STATUTE-
    (a) In general
      (1) Authorization
        For the purpose of carrying out this subchapter, there are
      authorized to be appropriated $45,000,000 for fiscal year 2004
      and such sums as may be necessary for fiscal years 2005 through
      2008.
      (2) Limitation
        Not more than 5 percent of the amounts appropriated under
      paragraph (1) for any fiscal year may be obligated for carrying
      out section 5117aa-12(a) of this title.
    (b) Administrative expenses
      (1) Authorization
        For the purpose of the administration of this subchapter by the
      Secretary, there is authorized to be appropriated for each fiscal
      year specified in subsection (a)(1) an amount equal to 5 percent
      of the amount authorized in such subsection to be appropriated
      for the fiscal year. With respect to the amounts appropriated
      under such subsection, the preceding sentence may not be
      construed to prohibit the expenditure of the amounts for the
      purpose described in such sentence.
      (2) Limitation
        The Secretary may not obligate any of the amounts appropriated
      under paragraph (1) for a fiscal year unless, from the amounts
      appropriated under subsection (a)(1) for the fiscal year, the
      Secretary has obligated for the purpose described in such
      paragraph an amount equal to the amounts obligated by the
      Secretary for such purpose in fiscal year 2003.
    (c) Availability of funds
      Amounts appropriated under this section shall remain available
    until expended.

-SOURCE-
    (Pub. L. 100-505, title III, Sec. 302, formerly title I, Sec. 104,
    Oct. 18, 1988, 102 Stat. 2536; Pub. L. 102-236, Sec. 6, Dec. 12,
    1991, 105 Stat. 1815; Pub. L. 104-235, title II, Sec. 222, Oct. 3,
    1996, 110 Stat. 3092; renumbered title III, Sec. 302, and amended
    Pub. L. 108-36, title III, Sec. 304, June 25, 2003, 117 Stat. 824.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 100-505, Oct. 18, 1988, 102 Stat. 2533, which
    is classified generally to this subchapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-36, Sec. 304(a)(1), added subsec.
    (a) and struck out former subsec. (a) which authorized
    appropriations, with certain limitations, for fiscal years 1997 to
    2001.
      Subsec. (b). Pub. L. 108-36, Sec. 304(a)(2), (4), redesignated
    subsec. (c) as (b) and struck out former subsec. (b). Prior to
    amendment, text read as follows: "For the purpose of carrying out
    section 5117aa-12(b) of this title, there is authorized to be
    appropriated $5,000,000 for each of the fiscal years 1992 through
    1995."
      Subsec. (c). Pub. L. 108-36, Sec. 304(a)(4), redesignated subsec.
    (d) as (c). Former subsec. (c) redesignated (b).
      Pub. L. 108-36, Sec. 304(a)(3), inserted par. headings and
    substituted "this subchapter" for "this part" in par. (1) and
    "fiscal year 2003." for "fiscal year 1991." in par. (2).
      Subsec. (d). Pub. L. 108-36, Sec. 304(a)(4), redesignated subsec.
    (d) as (c).
      1996 - Subsec. (a)(1). Pub. L. 104-235 substituted "$35,000,000
    for fiscal year 1997 and such sums as may be necessary for each of
    the fiscal years 1998 through 2001." for "$20,000,000 for fiscal
    year 1992, $25,000,000 for fiscal year 1993, $30,000,000 for fiscal
    year 1994, and $35,000,000 for fiscal year 1995."
      1991 - Pub. L. 102-236 substituted provisions relating to
    appropriations to carry out this part for fiscal years 1992 to
    1995, with certain limitations, for provisions relating to
    appropriations to make grants under section 5117aa-11 of this title
    for fiscal years 1989 to 1991.

-End-


-CITE-
    42 USC SUBCHAPTER V - CERTAIN PREVENTIVE SERVICES
           REGARDING CHILDREN OF HOMELESS FAMILIES OR
           FAMILIES AT RISK OF HOMELESSNESS                01/03/2007

-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                                  01/03/2007

-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.

-MISC1-
    Secs. 5118 to 5118e. Repealed. Pub. L. 104-235, title I, Sec. 131,
      Oct. 3, 1996, 110 Stat. 3088.
      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                               01/03/2007

-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

-End-



-CITE-
    42 USC Sec. 5119                                            01/03/2007

-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".

                                SHORT TITLE                            
      For short title of this subchapter as the "National Child
    Protection Act of 1993", see section 1 of Pub. L. 103-209, set out
    as a note under section 5101 of this title.

    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                                           01/03/2007

-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".

     PILOT PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS AND
                             FEASIBILITY STUDY
      Pub. L. 108-21, title I, Sec. 108, Apr. 30, 2003, 117 Stat. 655,
    as amended by Pub. L. 108-68, Sec. 1, Aug. 1, 2003, 117 Stat. 883;
    Pub. L. 108-458, title VI, Sec. 6401, Dec. 17, 2004, 118 Stat.
    3755; Pub. L. 109-162, title XI, Sec. 1197, Jan. 5, 2006, 119 Stat.
    3131, provided that:
      "(a) Establishment of Pilot Program. - 
        "(1) In general. - Not later than 90 days after the date of the
      enactment of this Act [Apr. 30, 2003], the Attorney General shall
      establish a pilot program for volunteer groups to obtain national
      and State criminal history background checks through a 10-
      fingerprint check to be conducted utilizing State criminal
      records and the Integrated Automated Fingerprint Identification
      System of the Federal Bureau of Investigation.
        "(2) State pilot program. - 
          "(A) In general. - The Attorney General shall designate 3
        States as participants in a 30-month State pilot program.
          "(B) Volunteer organization requests. - A volunteer
        organization in one of the 3 States participating in the State
        pilot program under this paragraph that is part of the Boys and
        Girls Clubs of America, the National Mentoring Partnerships, or
        the National Council of Youth Sports may submit a request for a
        10-fingerprint check from the participating State.
          "(C) State check. - The participating State under this
        paragraph after receiving a request under subparagraph (B)
        shall conduct a State background check and submit a request
        that a Federal check be performed through the Integrated
        Automated Fingerprint Identification System of the Federal
        Bureau of Investigation, to the Attorney General, in a manner
        to be determined by the Attorney General.
          "(D) Information provided. - Under procedures established by
        the Attorney General, any criminal history record information
        resulting from the State and Federal check under subparagraph
        (C) shall be provided to the State or National Center for
        Missing and Exploited Children consistent with the National
        Child Protection Act [of 1993, 42 U.S.C. 5119 et seq.].
          "(E) Costs. - A State may collect a fee to perform a criminal
        background check under this paragraph which may not exceed the
        actual costs to the State to perform such a check.
          "(F) Timing. - For any background check performed under this
        paragraph, the State shall provide the State criminal record
        information to the Attorney General within 7 days after
        receiving the request from the organization, unless the
        Attorney General determines during the feasibility study that
        such a check cannot reasonably be performed within that time
        period. The Attorney General shall provide the criminal history
        records information to the National Center for Missing and
        Exploited Children within 7 business days after receiving the
        request from the State.
        "(3) Child safety pilot program. - 
          "(A) In general. - The Attorney General shall establish a 60-
        month Child Safety Pilot Program that shall provide for the
        processing of 200,000 10-fingerprint check requests from
        organizations described in subparagraph (B) conducted through
        the Integrated Automated Fingerprint Identification System of
        the Federal Bureau of Investigation.
          "(B) Participating organizations. - 
            "(i) Eligible organizations. - Eligible organizations
          include - 
         "(I) the Boys and Girls Clubs of America;
         "(II) the MENTOR/National Mentoring Partnership;
         "(III) the National Council of Youth Sports; and
         "(IV) any nonprofit organization that provides care, as that
          term is defined in section 5 of the National Child Protection
          Act of 1993 (42 U.S.C. 5119c), for children.
            "(ii) Pilot program. - The eligibility of an organization
          described in clause (i)(IV) to participate in the pilot
          program established under this section shall be determined by
          the National Center for Missing and Exploited Children, with
          the rejection or concurrence within 30 days of the Attorney
          General, according to criteria established by such Center,
          including the potential number of applicants and suitability
          of the organization to the intent of this section. If the
          Attorney General fails to reject or concur within 30 days,
          the determination of the National Center for Missing and
          Exploited Children shall be conclusive.
          "(C) Applicants from participating organizations. -
        Participating organizations may request background checks on
        applicants for positions as volunteers and employees who will
        be working with children or supervising volunteers.
          "(D) Procedures. - The Attorney General shall notify
        participating organizations of a process by which the
        organizations may provide fingerprint cards to the Attorney
        General.
          "(E) Volunteer information required. - An organization
        authorized to request a background check under this paragraph
        shall - 
            "(i) forward to the Attorney General the volunteer's
          fingerprints; and
            "(ii) obtain a statement completed and signed by the
          volunteer that - 
         "(I) sets out the provider or volunteer's name, address, date
          of birth appearing on a valid identification document as
          defined in section 1028 of title 18, United States Code, and
          a photocopy of the valid identifying document;
         "(II) states whether the volunteer has a criminal record, and,
          if so, sets out the particulars of such record;
         "(III) notifies the volunteer that the Attorney General may
          perform a criminal history background check and that the
          volunteer's signature to the statement constitutes an
          acknowledgment that such a check may be conducted;
         "(IV) notifies the volunteer that prior to and after the
          completion of the background check, the organization may
          choose to deny the provider access to children; and
         "(V) notifies the volunteer of his right to correct an
          erroneous record held by the Attorney General.
          "(F) Timing. - For any background checks performed under this
        paragraph, the Attorney General shall provide the criminal
        history records information to the National Center for Missing
        and Exploited Children within 10 business days after receiving
        the request from the organization.
          "(G) Determinations of fitness. - 
            "(i) In general. - Consistent with the privacy protections
          delineated in the National Child Protection Act [of 1993] (42
          U.S.C. 5119 [et seq.]), the National Center for Missing and
          Exploited Children may make a determination whether the
          criminal history record information received in response to
          the criminal history background checks conducted under this
          paragraph indicates that the provider or volunteer has a
          criminal history record that renders the provider or
          volunteer unfit to provide care to children based upon
          criteria established jointly by, the National Center for
          Missing and Exploited Children, the Boys and Girls Clubs of
          America, the National Mentoring Partnership, and the National
          Council of Youth Sports.
            "(ii) Child safety pilot program. - The National Center for
          Missing and Exploited Children shall convey that
          determination to the organizations making requests under this
          paragraph.
        "(4) Fees collected by attorney general. - The Attorney General
      may collect a fee which may not exceed $18 to cover the cost to
      the Federal Bureau of Investigation to conduct the background
      check under paragraph (2) or (3).
      "(b) Rights of Volunteers. - Each volunteer who is the subject of
    a criminal history background check under this section is entitled
    to contact the Attorney General to initiate procedures to - 
        "(1) obtain a copy of their criminal history record report; and
        "(2) challenge the accuracy and completeness of the criminal
      history record information in the report.
      "(c) Authorization of Appropriations. - 
        "(1) In general. - There is authorized to be appropriated such
      sums as may be necessary to the National Center for Missing and
      Exploited Children for fiscal years 2004 through 2008 to carry
      out the requirements of this section.
        "(2) State program. - There is authorized to be appropriated
      such sums as may be necessary to the Attorney General for the
      States designated in subsection (a)(1) for fiscal years 2004 and
      2005 to establish and enhance fingerprint technology
      infrastructure of the participating State.
      "(d) Feasibility Study for a System of Background Checks for
    Employees and Volunteers. - 
        "(1) Study required. - The Attorney General shall conduct a
      feasibility study within 180 days after the date of the enactment
      of this Act [Apr. 30, 2003]. The study shall examine, to the
      extent discernible, the following:
          "(A) The current state of fingerprint capture and processing
        at the State and local level, including the current available
        infrastructure, State system capacities, and the time for each
        State to process a civil or volunteer print from the time of
        capture to submission to the Federal Bureau of Investigation
        (FBI).
          "(B) The intent of the States concerning participation in a
        nationwide system of criminal background checks to provide
        information to qualified entities.
          "(C) The number of volunteers, employees, and other
        individuals that would require a fingerprint-based criminal
        background check.
          "(D) The impact on the Integrated Automated Fingerprint
        Identification System (IAFIS) of the Federal Bureau of
        Investigation in terms of capacity and impact on other users of
        the system, including the effect on Federal Bureau of
        Investigation work practices and staffing levels.
          "(E) The current fees charged by the Federal Bureau of
        Investigation, States and local agencies, and private companies
        to process fingerprints and conduct background checks.
          "(F) The existence of 'model' or best practice programs which
        could easily be expanded and duplicated in other States.
          "(G) The extent to which private companies are currently
        performing background checks and the possibility of using
        private companies in the future to perform any of the
        background check process, including, but not limited to, the
        capture and transmission of fingerprints and fitness
        determinations.
          "(H) The cost of development and operation of the technology
        and the infrastructure necessary to establish a nationwide
        fingerprint-based and other criminal background check system.
          "(I) The extent of State participation in the procedures for
        background checks authorized in the National Child Protection
        Act [of 1993] (Public Law 103-209), as amended by the
        Volunteers for Children Act (sections 221 and 222 of Public Law
        105-251).
          "(J) The extent to which States currently provide access to
        nationwide criminal history background checks to organizations
        that serve children.
          "(K) The extent to which States currently permit volunteers
        to appeal adverse fitness determinations, and whether similar
        procedures are required at the Federal level.
          "(L) The implementation of the 2 pilot programs created in
        subsection (a).
          "(M) Any privacy concerns that may arise from nationwide
        criminal background checks.
          "(N) Any other information deemed relevant by the Department
        of Justice.
          "(O) The extent of participation by eligible organizations in
        the state pilot program.
        "(2) Interim report. - Based on the findings of the feasibility
      study under paragraph (1), the Attorney General shall, not later
      than 180 days after the date of the enactment of this Act [Apr.
      30, 2003], submit to Congress an interim report, which may
      include recommendations for a pilot project to develop or improve
      programs to collect fingerprints and perform background checks on
      individuals that seek to volunteer with organizations that work
      with children, the elderly, or the disabled.
        "(3) Final report. - Based on the findings of the pilot
      project, the Attorney General shall, not later than 60 days after
      completion of the pilot project under this section, submit to
      Congress a final report, including recommendations, which may
      include a proposal for grants to the States to develop or improve
      programs to collect fingerprints and perform background checks on
      individuals that seek to volunteer with organizations that work
      with children, the elderly, or the disabled, and which may
      include recommendations for amendments to the National Child
      Protection Act [of 1993] and the Volunteers for Children Act [see
      Short Title of 1998 Amendment note set out under section 5101 of
      this title] so that qualified entities can promptly and
      affordably conduct nationwide criminal history background checks
      on their employees and volunteers.
      "(e) Limitation on Liability. - In connection with the Pilot
    Programs established under this section, in reliance upon the
    fitness criteria established under section 108(a)(3)(G)(i), and
    except upon proof of actual malice or intentional misconduct, the
    National Center for Missing and Exploited Children, or a director,
    officer, employee, or agent of the Center shall not be liable in
    any civil action for damages - 
        "(1) arising from any act or communication by the Center, the
      director, officer, employee, or agent that results in or
      contributes to a decision that an individual is unfit to serve as
      a volunteer for any volunteer organization;
        "(2) alleging harm arising from a decision based on the
      information in an individual's criminal history record that an
      individual is fit to serve as a volunteer for any volunteer
      organization unless the Center, the director, officer, employee,
      or agent is furnished with an individual's criminal history
      records which they know to be inaccurate or incomplete, or which
      they know reflect a lesser crime than that for which the
      individual was arrested; and
        "(3) alleging harm arising from a decision that, based on the
      absence of criminal history information, an individual is fit to
      serve as a volunteer for any volunteer organization unless the
      Center, the director, officer, employee, or agent knows that
      criminal history records exist and have not been furnished as
      required under this section."

-End-



-CITE-
    42 USC Sec. 5119b                                           01/03/2007

-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 former 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                                           01/03/2007

-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-