PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3063

Public Law 104–235

104th Congress

An Act

To modify and reauthorize the Child Abuse Prevention and Treatment Act, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Child Abuse

Prevention and Treatment Act Amendments of 1996’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AMENDMENTS TO THE CHILD ABUSE PREVENTION AND

TREATMENT ACT

Sec. 100. Findings.

Subtitle A—General Program

Sec. 101. Office on Child Abuse and Neglect.

Sec. 102. Advisory Board on Child Abuse and Neglect.

Sec. 103. Repeal of Inter-Agency Task Force on Child Abuse and Neglect.

Sec. 104. National clearinghouse for information relating to child abuse.

Sec. 105. Research, evaluation and assistance activities.

Sec. 106. Grants for demonstration programs.

Sec. 107. State grants for prevention and treatment programs.

Sec. 108. Repeal.

Sec. 109. Miscellaneous requirements.

Sec. 110. Definitions.

Sec. 111. Authorization of appropriations.

Sec. 112. Rule of construction.

Sec. 113. Technical and conforming amendments.

Subtitle B—Community-Based Family Resource and Support Grants

Sec. 121. Establishment of program.

Subtitle C—Certain Preventive Services Regarding Children of Homeless Families

or Families At Risk of Homelessness

Sec. 131. Repeal of title III.

Subtitle D—Miscellaneous Provisions

Sec. 141. Table of contents.

Sec. 142. Repeals of other laws.

TITLE II—AMENDMENTS TO OTHER ACTS

Subtitle A—Family Violence Prevention and Services Act

Sec. 201. State demonstration grants.

Sec. 202. Allotments.

Sec. 203. Authorization of appropriations.

Subtitle B—Child Abuse Prevention and Treatment and Adoption Reform Act of

1978 (‘‘Adoption Opportunities Act’’)

Sec. 211. Findings and purpose.

42 USC 5101

note.

Child Abuse

Prevention and

Treatment Act

Amendments of

1996.

Oct. 3, 1996

[S. 919]
110 STAT. 3064 PUBLIC LAW 104–235—OCT. 3, 1996

Sec. 212. Information and services.

Sec. 213. Authorization of appropriations.

Subtitle C—Abandoned Infants Assistance Act of 1988

Sec. 221. Priority requirement.

Sec. 222. Reauthorization.

Subtitle D—Reauthorization of Various Programs

Sec. 231. Missing Children’s Assistance Act.

Sec. 232. Victims of Child Abuse Act of 1990.

TITLE I—AMENDMENTS TO THE CHILD

ABUSE PREVENTION AND TREATMENT ACT

SEC. 100. FINDINGS.

Section 2 of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5101 note) is amended—

(1) in paragraph (1), to read as follows:

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

victims of abuse and neglect;’’;

(2) in paragraph (3)(C), by inserting ‘‘assessment,’’ after

‘‘prevention,’’;

(3) in paragraph (4)—

(A) by striking ‘‘tens of’’; and

(B) by striking ‘‘direct’’ and all that follows through

the semicolon and inserting ‘‘tangible expenditures, as well

as significant intangible costs;’’;

(4) in paragraph (7), by striking ‘‘remedy the causes of’’

and inserting ‘‘prevent’’;

(5) in paragraph (8), by inserting ‘‘safety,’’ after ‘‘fosters

the health,’’;

(6) in paragraph (10)—

(A) by striking ‘‘ensure that every community in the

United States has’’ and inserting ‘‘assist States and communities with’’; and

(B) after ‘‘child’’ insert ‘‘and family’’; and

(7) in paragraph (11)—

(A) by striking ‘‘child protection’’ each place that such

term appears and inserting ‘‘child and family protection’’;

and

(B) in subparagraph (D), by striking ‘‘sufficient’’.

Subtitle A—General Program

SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

Section 101 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5101) is amended to read as follows:

‘‘SEC. 101. OFFICE ON CHILD ABUSE AND NEGLECT.

‘‘(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) shall be to execute and coordinate the functions

and activities of this Act. In the event that such functions and
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3065

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.’’.

SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

Section 102 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5102) is amended to read as follows:

‘‘SEC. 102. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT.

‘‘(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).

‘‘(c) COMPOSITION.—In establishing the board under subsection

(a), 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), 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

Reports.

Federal Register,

publication.
110 STAT. 3066 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(3) recommendations for modifications needed to facilitate

coordinated national data collection with respect to child protection and child welfare.’’.

SEC. 103. REPEAL OF INTER-AGENCY TASK FORCE ON CHILD ABUSE

AND NEGLECT.

Section 103 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5103) is repealed.

SEC. 104. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING

TO CHILD ABUSE.

Section 104 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5104) is amended—

(1) in subsection (a), to read as follows:

‘‘(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.’’;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking

‘‘Director’’ and inserting ‘‘Secretary’’;

(B) in paragraph (1)—

(i) by inserting ‘‘assessment,’’ after ‘‘prevention,’’;

and

(ii) by striking ‘‘, including’’ and all that follows

and inserting ‘‘; and’’;

(C) in paragraph (2)—

(i) in subparagraph (A), by striking ‘‘general population’’ and inserting ‘‘United States’’;

(ii) in subparagraph (B), by adding ‘‘and’’ at the

end;

(iii) in subparagraph (C), by striking ‘‘; and’’ at

the end and inserting a period; and

(iv) by striking subparagraph (D); and

(D) by striking paragraph (3); and

(3) in subsection (c)—

(A) in the matter preceding paragraph (1)—

(i) by striking ‘‘In establishing’’ and inserting the

following:

‘‘(1) IN GENERAL.—In establishing’’; and

(ii) by striking ‘‘Director’’ and inserting ‘‘Secretary’’;

(B) by redesignating paragraphs (1) through (4) as

subparagraphs (A) through (D), respectively, and by moving

the text of subparagraphs (A) through (D) (as redesignated)

2 ems to the right;

(C) in subparagraph (B) (as redesignated), by striking

‘‘that is represented on the task force’’ and inserting

‘‘involved with child abuse and neglect and mechanisms

for the sharing of such information among other Federal

agencies and clearinghouses’’;

(D) in subparagraph (C) (as redesignated), by striking

‘‘State, regional’’ and all that follows and inserting the

following: ‘‘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;’’;

Contracts.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3067

(E) by redesignating subparagraph (D) (as redesignated) as subparagraph (F);

(F) by inserting after subparagraph (C) (as redesignated), the following new subparagraphs:

‘‘(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 105(a); and’’; and

(G) by adding at the end the following:

‘‘(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.’’.

SEC. 105. RESEARCH, EVALUATION AND ASSISTANCE ACTIVITIES.

(a) RESEARCH.—Section 105(a) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5105(a)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by striking ‘‘, through the Center, conduct research on’’ and inserting ‘‘, 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’’;

(B) by redesignating subparagraphs (A) through (C)

as subparagraph (B) through (D), respectively;

(C) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph:

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

(D) in subparagraph (B) (as so redesignated), to read

as follows:

‘‘(B) causes, prevention, assessment, identification,

treatment, cultural and socio-economic distinctions, and

the consequences of child abuse and neglect;’’; and

(E) in subparagraph (D) (as so redesignated)—

(i) by striking clause (ii);

(ii) in clause (iii), to read as follows:

‘‘(ii) the incidence of substantiated and unsubstantiated reported child abuse cases;’’; and

(iii) by adding at the end the following:

‘‘(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;
110 STAT. 3068 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(v) the extent to which the lack of adequate

resources and the lack of adequate training of individuals required by law to report suspected cases of child

abuse have contributed to the inability of a State to

respond effectively to serious cases of child abuse and

neglect;

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

unfounded reports that have resulted in a child being

placed in substitute care, and the duration of such

placement;

‘‘(vii) the extent to which unsubstantiated reports

return as more serious cases of child abuse or neglect;

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

sexual, and emotional abuse and physical and emotional neglect in substitute care; and

‘‘(ix) the incidence and outcomes of abuse allegations reported within the context of divorce, custody,

or other family court proceedings, and the interaction

between this venue and the child protective services

system.’’; and

(2) in paragraph (2)—

(A) in subparagraph (A)—

(i) by striking ‘‘and demonstration’’; and

(ii) by striking ‘‘paragraph (1)(A) and activities

under section 106’’ and inserting ‘‘paragraph (1)’’; and

(B) in subparagraph (B), by striking ‘‘and demonstration’’.

(b) REPEAL.—Subsection (b) of section 105 of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5105(b)) is repealed.

(c) TECHNICAL ASSISTANCE.—Section 105(c) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5105(c)) is amended—

(1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’;

(2) by striking ‘‘The Secretary’’ and inserting:

‘‘(1) IN GENERAL.—The Secretary’’;

(3) by striking ‘‘, through the Center,’’;

(4) by inserting ‘‘State and local’’ before ‘‘public and nonprofit’’;

(5) by inserting ‘‘assessment,’’ before ‘‘identification’’; and

(6) by adding at the end thereof the following new paragraphs:

‘‘(2) EVALUATION.—Such technical assistance may include

an evaluation or identification of—

‘‘(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and

sexual abuse cases;

‘‘(B) ways to mitigate psychological trauma to the child

victim; and

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

titles I and II.

‘‘(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
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3069

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.’’.

(d) GRANTS AND CONTRACTS.—Section 105(d) of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5105(d)) is amended—

(1) by striking ‘‘(d)’’ and inserting ‘‘(c)’’; and

(2) in paragraph (2), by striking the second sentence.

(e) PEER REVIEW.—Section 105(e) of the Child Abuse Prevention

and Treatment Act (42 U.S.C. 5105(e)) is amended—

(1) in the heading preceding paragraph (1), by striking

‘‘(e)’’ and inserting ‘‘(d)’’;

(2) in paragraph (1)—

(A) in subparagraph (A)—

(i) by striking ‘‘establish a formal’’ and inserting

‘‘, in consultation with experts in the field and other

federal agencies, establish a formal, rigorous, and meritorious’’;

(ii) by striking ‘‘and contracts’’; and

(iii) by adding at the end thereof the following

new sentence: ‘‘The purpose of this process is to

enhance the quality and usefulness of research in the

field of child abuse and neglect.’’; and

(B) in subparagraph (B)—

(i) by striking ‘‘Office of Human Development’’ and

inserting ‘‘Administration on Children and Families’’;

and

(ii) by adding at the end thereof the following

new sentence: ‘‘The Secretary shall ensure that the

peer review panel utilizes scientifically valid review

criteria and scoring guidelines for review committees.’’;

(3) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by striking ‘‘, contract, or other financial assistance’’; and

(B) by adding at the end thereof the following flush

sentence:

‘‘The Secretary shall award grants under this section on the

basis of competitive review.’’; and

(4) in paragraph (3)(B), by striking ‘‘subsection (e)(2)(B)’’

each place it appears and inserting ‘‘paragraph (2)(B)’’.

(f) TECHNICAL AMENDMENT.—Section 105 of the Child Abuse

Prevention and Treatment Act (42 U.S.C. 5105) is amended in

the section heading by striking ‘‘OF THE NATIONAL CENTER

ON CHILD ABUSE AND NEGLECT’’.

SEC. 106. GRANTS FOR DEMONSTRATION PROGRAMS.

Section 106 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106) is amended—

(1) in the section heading, by striking ‘‘OR SERVICE’’;

(2) in subsection (a), to read as follows:

‘‘(a) DEMONSTRATION PROGRAMS AND PROJECTS.—The Secretary

may make grants to, and enter into contracts with, public agencies

or private nonprofit agencies or organizations (or combinations of

such agencies or organizations) for time limited, demonstration

programs and projects for the following purposes:

Grants.
110 STAT. 3070 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(1) TRAINING PROGRAMS.—The Secretary may award

grants to public or private nonprofit organizations under this

section—

‘‘(A) for the training of professional and paraprofessional personnel in the fields of medicine, law, education,

social work, and other relevant fields who are engaged

in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, including

the links between domestic violence and child abuse;

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

of volunteers serving in public and private nonprofit children, youth and family service organizations in order to

prevent child abuse and neglect through collaborative

analysis of current recruitment, selection, and training programs and development of model programs for dissemination and replication nationally; and

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

purpose of providing information and training to professionals working in the field of child abuse and neglect.

‘‘(2) MUTUAL SUPPORT PROGRAMS.—The Secretary may

award grants to private nonprofit organizations (such as Parents Anonymous) to establish or maintain a national network

of mutual support and self-help programs as a means of

strengthening families in partnership with their communities.

‘‘(3) OTHER INNOVATIVE PROGRAMS AND PROJECTS.—

‘‘(A) IN GENERAL.—The Secretary may award grants

to public and private nonprofit agencies that demonstrate

innovation in responding to reports of child abuse and

neglect including programs of collaborative partnerships

between the State child protective services agency, community social service agencies and family support programs,

schools, churches and synagogues, and other community

agencies to allow for the establishment of a triage system

that—

‘‘(i) accepts, screens and assesses reports received

to determine which such reports require an intensive

intervention and which require voluntary referral to

another agency, program or project;

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

a variety of community-linked services to assist families in preventing child abuse and neglect; and

‘‘(iii) provides further investigation and intensive

intervention where the child’s safety is in jeopardy.

‘‘(B) KINSHIP CARE.—The Secretary may award grants

to public and private nonprofit entities in not more than

10 States to assist such entities in developing or implementing procedures using adult relatives as the preferred placement for children removed from their home, where such

relatives are determined to be capable of providing a safe

nurturing environment for the child and where such relatives comply with the State child protection standards.

‘‘(C) PROMOTION OF SAFE, FAMILY-FRIENDLY PHYSICAL

ENVIRONMENTS FOR VISITATION AND EXCHANGE.—The Secretary may award grants to entities to assist such entities

in establishing and operating safe, family-friendly physical

environments—
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3071

‘‘(i) for court-ordered supervised visitation between

children and abusing parents; and

‘‘(ii) to safely facilitate the exchange of children

for visits with noncustodian parents in cases of domestic violence.’’;

(3) by striking subsection (b);

(4) by redesignating subsection (c) as subsection (b);

(5) in subsection (b) (as redesignated)—

(A) by striking paragraphs (1) and (2); and

(B) by redesignating paragraphs (3) through (7) as

paragraphs (1) through (5), respectively; and

(6) by adding at the end the following new subsection:

‘‘(c) EVALUATION.—In making grants for demonstration projects

under this section, the Secretary shall require all such projects

to be evaluated for their effectiveness. Funding for such evaluations

shall be provided either as a stated percentage of a demonstration

grant or as a separate grant entered into by the Secretary for

the purpose of evaluating a particular demonstration project or

group of projects.’’.

SEC. 107. STATE GRANTS FOR PREVENTION AND TREATMENT PROGRAMS.

Section 107 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106a) is amended to read as follows:

‘‘SEC. 107. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT

PREVENTION AND TREATMENT PROGRAMS.

‘‘(a) DEVELOPMENT AND OPERATION GRANTS.—The Secretary

shall make grants to the States, based on the population of children

under the age of 18 in each State that applies for a grant under

this section, for purposes of assisting the States in improving the

child protective services system of each such State in—

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

of reports of abuse and neglect;

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

teams and interagency protocols to enhance investigations; and

‘‘(B) improving legal preparation and representation,

including—

‘‘(i) procedures for appealing and responding to appeals

of substantiated reports of abuse and neglect; and

‘‘(ii) provisions for the appointment of an individual

appointed to represent a child in judicial proceedings;

‘‘(3) case management and delivery of services provided

to children and their families;

‘‘(4) enhancing the general child protective system by

improving risk and safety assessment tools and protocols, automation systems that support the program and track reports

of child abuse and neglect from intake through final disposition

and information referral systems;

‘‘(5) developing, strengthening, and facilitating training

opportunities and requirements for individuals overseeing and

providing services to children and their families through the

child protection system;

‘‘(6) developing and facilitating training protocols for

individuals mandated to report child abuse or neglect;

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

and neglect prevention, treatment, and research programs in

the public and private sectors;

Grants.
110 STAT. 3072 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(8) developing, implementing, or operating—

‘‘(A) information and education programs or training

programs designed to improve the provision of services

to disabled infants with life-threatening conditions for—

‘‘(i) professional and paraprofessional personnel

concerned with the welfare of disabled infants with

life-threatening conditions, including personnel

employed in child protective services programs and

health-care facilities; and

‘‘(ii) the parents of such infants; and

‘‘(B) programs to assist in obtaining or coordinating

necessary services for families of disabled infants with

life-threatening conditions, including—

‘‘(i) existing social and health services;

‘‘(ii) financial assistance; and

‘‘(iii) services necessary to facilitate adoptive placement of any such infants who have been relinquished

for adoption; or

‘‘(9) developing and enhancing the capacity of communitybased programs to integrate shared leadership strategies

between parents and professionals to prevent and treat child

abuse and neglect at the neighborhood level.

‘‘(b) ELIGIBILITY REQUIREMENTS.—

‘‘(1) STATE PLAN.—

‘‘(A) IN GENERAL.—To be eligible to receive a grant

under this section, a State shall, at the time of the initial

grant application and every 5 years thereafter, prepare

and submit to the Secretary a State plan that specifies

the areas of the child protective services system described

in subsection (a) that the State intends to address with

amounts received under the grant.

‘‘(B) ADDITIONAL REQUIREMENT.—After the submission

of the initial grant application under subparagraph (A),

the State shall provide notice to the Secretary of any substantive changes to any State law relating to the prevention

of child abuse and neglect that may affect the eligibility

of the State under this section.

‘‘(2) COORDINATION.—A State plan submitted under paragraph (1) shall, to the maximum extent practicable, be coordinated with the State plan under part B of title IV of the

Social Security Act 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 title, including—

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

the chief executive officer of the State that the State has

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

and is operating a Statewide program, relating to child

abuse and neglect that includes—

‘‘(i) provisions or procedures for the reporting of

known and suspected instances of child abuse and

neglect;

‘‘(ii) procedures for the immediate screening, safety

assessment, and prompt investigation of such reports;

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

to ensure and protect the safety of the abused or

Notification.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3073

neglected child and of any other child under the same

care who may also be in danger of abuse or neglect

and ensuring their placement in a safe environment;

‘‘(iv) provisions for immunity from prosecution

under State and local laws and regulations for individuals making good faith reports of suspected or known

instances of child abuse or neglect;

‘‘(v) methods to preserve the confidentiality of all

records in order to protect the rights of the child and

of the child’s parents or guardians, including requirements ensuring that reports and records made and

maintained pursuant to the purposes of this Act shall

only be made available to—

‘‘(I) individuals who are the subject of the

report;

‘‘(II) Federal, State, or local government entities, or any agent of such entities, having a need

for such information in order to carry out its

responsibilities under law to protect children from

abuse and neglect;

‘‘(III) child abuse citizen review panels;

‘‘(IV) child fatality review panels;

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

that information in the record is necessary for

the determination of an issue before the court or

grand jury; and

‘‘(VI) other entities or classes of individuals

statutorily authorized by the State to receive such

information pursuant to a legitimate State purpose;

‘‘(vi) provisions which allow for public disclosure

of the findings or information about the case of child

abuse or neglect which has resulted in a child fatality

or near fatality;

‘‘(vii) the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate

State agencies providing human services in the investigation, assessment, prosecution, and treatment of

child abuse or neglect;

‘‘(viii) provisions requiring, and procedures in place

that facilitate the prompt expungement of any records

that are accessible to the general public or are used

for purposes of employment or other background checks

in cases determined to be unsubstantiated or false,

except that nothing in this section shall prevent State

child protective services agencies from keeping

information on unsubstantiated reports in their casework files to assist in future risk and safety assessment;

‘‘(ix) provisions and procedures requiring that in

every case involving an abused or neglected child which

results in a judicial proceeding, a guardian ad litem,

who may be an attorney or a court appointed special

advocate (or both), shall be appointed to represent

the child in such proceedings—

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

of the situation and needs of the child; and

Confidentiality.

Records.
110 STAT. 3074 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(II) to make recommendations to the court

concerning the best interests of the child;

‘‘(x) the establishment of citizen review panels in

accordance with subsection (c);

‘‘(xi) provisions, procedures, and mechanisms to

be effective not later than 2 years after the date of

the enactment of this section—

‘‘(I) for the expedited termination of parental

rights in the case of any infant determined to

be abandoned under State law; and

‘‘(II) by which individuals who disagree with

an official finding of abuse or neglect can appeal

such finding;

‘‘(xii) provisions, procedures, and mechanisms to

be effective not later than 2 years after the date of

the enactment of this section 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, United States Code, 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, United States Code,

if the offense had occurred in the special maritime

or territorial jurisdiction of the United States) of

another child of such parent;

‘‘(III) to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; or

‘‘(IV) to have committed a felony assault that

results in the serious bodily injury to the surviving

child or another child of such parent; and

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

by the State of the provisions, procedures, and mechanisms under clause (xii), conviction of any one of the

felonies listed in clause (xii) constitute grounds under

State law for the termination of parental rights of

the convicted parent as to the surviving children

(although case-by-case determinations of whether or

not to seek termination of parental rights shall be

within the sole discretion of the State);

‘‘(B) an assurance that the State has in place procedures for responding to the reporting of medical neglect

(including instances of withholding of medically indicated

treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State

child protective services system), to provide for—

‘‘(i) coordination and consultation with individuals

designated by and within appropriate health-care

facilities;

‘‘(ii) prompt notification by individuals designated

by and within appropriate health-care facilities of cases

Effective date.

Effective date.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3075

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 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 comply

with the requirements set forth in paragraph (1) and this

paragraph.

‘‘(3) LIMITATION.—With regard to clauses (v) and (vi) of

paragraph (2)(A), nothing in this section shall be construed

as restricting the ability of a State to refuse to disclose identifying information concerning the individual initiating a report

or complaint alleging suspected instances of child abuse or

neglect, except that the State may not refuse such a disclosure

where a court orders such disclosure after such court has

reviewed, in camera, the record of the State related to the

report or complaint and has found it has reason to believe

that the reporter knowingly made a false report.

‘‘(4) DEFINITIONS.—For purposes of this subsection—

‘‘(A) the term ‘near fatality’ means an act that, as

certified by a physician, places the child in serious or

critical condition; and

‘‘(B) the term ‘serious bodily injury’ means bodily injury

which involves substantial risk of death, extreme physical

pain, protracted and obvious disfigurement, or protracted

loss or impairment of the function of a bodily member,

organ, or mental faculty.

‘‘(c) CITIZEN REVIEW PANELS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), each State to which a grant is made under this section

shall establish not less than 3 citizen review panels.

‘‘(B) EXCEPTIONS.—

‘‘(i) ESTABLISHMENT OF PANELS BY STATES RECEIVING MINIMUM ALLOTMENT.—A State that receives the

minimum allotment of $175,000 under section
110 STAT. 3076 PUBLIC LAW 104–235—OCT. 3, 1996

203(b)(1)(A) for a fiscal year shall establish not less

than 1 citizen review panel.

‘‘(ii) DESIGNATION OF EXISTING ENTITIES.—A State

may designate as panels for purposes of this subsection

one or more existing entities established under State

or Federal law, such as child fatality panels or foster

care review panels, if such entities have the capacity

to satisfy the requirements of paragraph (4) and the

State ensures that such entities will satisfy such

requirements.

‘‘(2) MEMBERSHIP.—Each panel established pursuant to

paragraph (1) shall be composed of volunteer members who

are broadly representative of the community in which such

panel is established, including members who have expertise

in the prevention and treatment of child abuse and neglect.

‘‘(3) MEETINGS.—Each panel established pursuant to paragraph (1) shall meet not less than once every 3 months.

‘‘(4) FUNCTIONS.—

‘‘(A) IN GENERAL.—Each panel established pursuant

to paragraph (1) shall, by examining the policies and procedures of State and local agencies and where appropriate,

specific cases, evaluate the extent to which the agencies

are effectively discharging their child protection responsibilities in accordance with—

‘‘(i) the State plan under subsection (b);

‘‘(ii) the child protection standards set forth in

subsection (b); and

‘‘(iii) any other criteria that the panel considers

important to ensure the protection of children, including—

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

child protective services system is coordinated with

the foster care and adoption programs established

under part E of title IV of the Social Security

Act; and

‘‘(II) a review of child fatalities and near fatalities (as defined in subsection (b)(4)).

‘‘(B) CONFIDENTIALITY.—

‘‘(i) IN GENERAL.—The members and staff of a

panel established under paragraph (1)—

‘‘(I) shall not disclose to any person or government official any identifying information about any

specific child protection case with respect to which

the panel is provided information; and

‘‘(II) shall not make public other information

unless authorized by State statute.

‘‘(ii) CIVIL SANCTIONS.—Each State that establishes

a panel pursuant to paragraph (1) shall establish civil

sanctions for a violation of clause (i).

‘‘(5) STATE ASSISTANCE.—Each State that establishes a

panel pursuant to paragraph (1)—

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

cases that the panel desires to review if such information

is necessary for the panel to carry out its functions under

paragraph (4); and

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

assistance for the performance of the duties of the panel.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3077

‘‘(6) REPORTS.—Each panel established under paragraph

(1) shall prepare and make available to the public, on an

annual basis, a report containing a summary of the activities

of the panel.

‘‘(d) ANNUAL STATE DATA REPORTS.—Each State to which a

grant is made under this section shall annually work with the

Secretary to provide, to the maximum extent practicable, a report

that includes the following:

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

State during the year as abused or neglected.

‘‘(2) Of the number of children described in paragraph

(1), the number with respect to whom such reports were—

‘‘(A) substantiated;

‘‘(B) unsubstantiated; or

‘‘(C) determined to be false.

‘‘(3) Of the number of children described in paragraph

(2)—

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

the year under the State program funded under this section

or an equivalent State program;

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

under the State program funded under this section or

an equivalent State program; and

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

during the year by disposition of the case.

‘‘(4) The number of families that received preventive services from the State during the year.

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

resulting from child abuse or neglect.

‘‘(6) Of the number of children described in paragraph

(5), the number of such children who were in foster care.

‘‘(7) The number of child protective services workers responsible for the intake and screening of reports filed in the previous

year.

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

report with respect to initial investigation of reports of child

abuse or neglect.

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

services to families and children where an allegation of abuse

or neglect has been made.

‘‘(10) The number of child protective services workers

responsible for intake, assessment, and investigation of child

abuse and neglect reports relative to the number of reports

investigated in the previous year.

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

or receiving family preservation services that, within five years,

result in subsequent substantiated reports of child abuse and

neglect, including the death of the child.

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

appointed by the court to represent the best interests of such

children and the average number of out of court contacts

between such individuals and children.

‘‘(e) ANNUAL REPORT BY THE SECRETARY.—Within 6 months

after receiving the State reports under subsection (d), 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

Public

information.
110 STAT. 3078 PUBLIC LAW 104–235—OCT. 3, 1996

and such information available to the Congress and the national

clearinghouse for information relating to child abuse.’’.

SEC. 108. REPEAL.

Section 108 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106b) is repealed.

SEC. 109. MISCELLANEOUS REQUIREMENTS.

Section 110 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106d) is amended—

(1) by striking subsection (c); and

(2) by redesignating subsection (d) as subsection (c).

SEC. 110. DEFINITIONS.

Section 113 of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106h) is amended—

(1) by striking paragraphs (1), (2), (5), and (9);

(2)(A) by redesignating paragraphs (3), (4), and (6) through

(8) as paragraphs (1) through (5), respectively; and

(B) by redesignating paragraph (10) as paragraph (6);

(3) in paragraph (2) (as redesignated), to read as follows:

‘‘(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;’’;

and

(4) in paragraph (4)(B) (as redesignated), by inserting ‘‘,

and in cases of caretaker or inter-familial relationships, statutory rape’’ after ‘‘rape’’.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

Section 114(a) of the Child Abuse Prevention and Treatment

Act (42 U.S.C. 5106h(a)) is amended to read as follows:

‘‘(a) IN GENERAL.—

‘‘(1) GENERAL AUTHORIZATION.—There are authorized to be

appropriated to carry out this title, $100,000,000 for fiscal

year 1997, and such sums as may be necessary for each of

the fiscal years 1998 through 2001.

‘‘(2) DISCRETIONARY ACTIVITIES.—

‘‘(A) IN GENERAL.—Of the amounts appropriated for

a fiscal year under paragraph (1), the Secretary shall make

available 30 percent of such amounts to fund discretionary

activities under this title.

‘‘(B) DEMONSTRATION PROJECTS.—Of the amounts made

available for a fiscal year under subparagraph (A), the

Secretary make available not more than 40 percent of

such amounts to carry out section 106.’’.

SEC. 112. RULE OF CONSTRUCTION.

Title I of the Child Abuse Prevention and Treatment Act (42

U.S.C. 5101 et seq.) is amended by adding at the end the following

new section:

‘‘SEC. 115. RULE OF CONSTRUCTION.

‘‘(a) IN GENERAL.—Nothing in this Act shall be construed—

‘‘(1) as establishing a Federal requirement that a parent

or legal guardian provide a child any medical service or treat42 USC 5106i.

42 USC 5106g.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3079

ment 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), 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.’’.

SEC. 113. TECHNICAL AND CONFORMING AMENDMENTS.

(a) CHILD ABUSE PREVENTION AND TREATMENT ACT.—

(1)(A) Sections 104 through 107 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104 through 5106a), as

amended by this subtitle, are redesignated as sections 103

through 106 of such Act, respectively.

(B) Sections 109 through 114 of the Child Abuse Prevention

and Treatment Act (42 U.S.C 5106c through 5106h), as amended by this subtitle, are redesignated as sections 107 through

112 of such Act, respectively.

(C) Section 115 of the Child Abuse Prevention and Treatment Act, as added by section 112 of this Act, is redesignated

as section 113 of the Child Abuse Prevention and Treatment

Act.

(2) Section 107 of the Child Abuse Prevention and Treatment Act (as redesignated) is amended—

(A) in subsection (a), by striking ‘‘acting through the

Center and’’;

(B) in subsection (b)(1), by striking ‘‘sections’’ and

inserting ‘‘section’’;

(C) in subsection (c)(1)—

(i) in the matter preceding subparagraph (A), by

inserting a comma after ‘‘maintain’’; and

(ii) in subparagraph (F), by adding a semicolon

at the end; and

(D) in subsection (d)(1), by adding ‘‘and’’ at the end.

(3) Section 110(b) of the Child Abuse Prevention and Treatment Act (as redesignated) is amended by striking ‘‘effectiveness of—’’ and all that follows and inserting ‘‘effectiveness

of assisted programs in achieving the objectives of section 107.’’.

(b) VICTIMS OF CRIME ACT OF 1984.—Section 1404A of the

Victims of Crime Act of 1984 (42 U.S.C. 10603a) is amended—

(1) by striking ‘‘1402(d)(2)(D) and (d)(3).’’ and inserting

‘‘1402(d)(2)’’; and

(2) by striking ‘‘section 4(d)’’ and inserting ‘‘section 109’’.
110 STAT. 3080 PUBLIC LAW 104–235—OCT. 3, 1996

Subtitle B—Community-Based Family

Resource and Support Grants

SEC. 121. ESTABLISHMENT OF PROGRAM.

Title II of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5116 et seq.) is amended to read as follows:

‘‘TITLE II—COMMUNITY-BASED FAMILY

RESOURCE AND SUPPORT GRANTS

‘‘SEC. 201. PURPOSE AND AUTHORITY.

‘‘(a) PURPOSE.—It is the purpose of this title—

‘‘(1) to support State efforts to develop, operate, expand

and enhance a network of community-based, preventionfocused, family resource and support programs that coordinate

resources among existing education, vocational rehabilitation,

disability, respite care, health, mental health, job readiness,

self-sufficiency, child and family development, community

action, Head Start, child care, child abuse and neglect prevention, juvenile justice, domestic violence prevention and intervention, housing, and other human service organizations within

the State; and

‘‘(2) to foster an understanding, appreciation, and knowledge of diverse populations in order to be effective in preventing

and treating child abuse and neglect.

‘‘(b) AUTHORITY.—The Secretary shall make grants under this

title on a formula basis to the entity designated by the State

as the lead entity (hereafter referred to in this title as the ‘lead

entity’) under section 202(1) for the purpose of—

‘‘(1) developing, operating, expanding and enhancing Statewide networks of community-based, prevention-focused, family

resource and support programs that—

‘‘(A) offer assistance to families;

‘‘(B) provide early, comprehensive support for parents;

‘‘(C) promote the development of parenting skills, especially in young parents and parents with very young children;

‘‘(D) increase family stability;

‘‘(E) improve family access to other formal and informal

resources and opportunities for assistance available within

communities;

‘‘(F) support the additional needs of families with children with disabilities through respite care and other services; and

‘‘(G) decrease the risk of homelessness;

‘‘(2) fostering the development of a continuum of preventive

services for children and families through State and communitybased 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

42 USC 5116.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3081

description of current services required under section 205(a)(3)

as an unmet need, and integrated with the network of community-based family resource and support program to the extent

practicable given funding levels and community priorities;

‘‘(4) maximizing funding for the financing, planning,

community mobilization, collaboration, assessment, information

and referral, startup, training and technical assistance,

information management, reporting and evaluation costs for

establishing, operating, or expanding a Statewide network of

community-based, prevention-focused, family resource and support program; and

‘‘(5) financing public information activities that focus on

the healthy and positive development of parents and children

and the promotion of child abuse and neglect prevention activities.

‘‘SEC. 202. ELIGIBILITY.

‘‘A State shall be eligible for a grant under this title for a

fiscal year if—

‘‘(1)(A) the chief executive officer of the State has designated a lead entity to administer funds under this title for

the purposes identified under the authority of this title, including to develop, implement, operate, enhance or expand a Statewide network of community-based, prevention-focused, family

resource and support programs, child abuse and neglect prevention activities and access to respite care services integrated

with the Statewide network;

‘‘(B) such lead entity is an existing public, quasi-public,

or nonprofit private entity (which may be an entity that has

not been established pursuant to State legislation, executive

order, or any other written authority of the State) with a

demonstrated ability to work with other State and communitybased 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 title (as such title was in effect on the date of

the enactment of the Child Abuse Prevention and Treatment

Act Amendments of 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);

42 USC 5116a.
110 STAT. 3082 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(2) the chief executive officer of the State provides assurances that the lead entity will provide or will be responsible

for providing—

‘‘(A) a network of community-based family resource

and support programs composed of local, collaborative, public-private partnerships directed by interdisciplinary structures with balanced representation from private and public

sector members, parents, and public and private nonprofit

service providers and individuals and organizations experienced in working in partnership with families with children

with disabilities;

‘‘(B) direction to the network through an interdisciplinary, collaborative, public-private structure with balanced

representation from private and public sector members,

parents, and public sector and private nonprofit sector service providers; and

‘‘(C) direction and oversight to the network through

identified goals and objectives, clear lines of communication

and accountability, the provision of leveraged or combined

funding from Federal, State and private sources, centralized assessment and planning activities, the provision of

training and technical assistance, and reporting and

evaluation functions; and

‘‘(3) the chief executive officer of the State provides assurances that the lead entity—

‘‘(A) has a demonstrated commitment to parental

participation in the development, operation, and oversight

of the Statewide network of community-based, preventionfocused, family resource and support programs;

‘‘(B) has a demonstrated ability to work with State

and community-based public and private nonprofit

organizations to develop a continuum of preventive, family

centered, comprehensive services for children and families

through the Statewide network of community-based,

prevention-focused, family resource and support programs;

‘‘(C) has the capacity to provide operational support

(both financial and programmatic) and training and technical assistance, to the Statewide network of communitybased, prevention-focused, family resource and support programs, through innovative, interagency funding and interdisciplinary service delivery mechanisms; and

‘‘(D) will integrate its efforts with individuals and

organizations experienced in working in partnership with

families with children with disabilities and with the child

abuse and neglect prevention activities of the State, and

demonstrate a financial commitment to those activities.

‘‘SEC. 203. AMOUNT OF GRANT.

‘‘(a) RESERVATION.—The Secretary shall reserve 1 percent of

the amount appropriated under section 210 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 210 for a fiscal year and remaining

after the reservation under subsection (a) among the States

as follows:

Native

Americans.

42 USC 5116b.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3083

‘‘(A) 70 percent of such amount appropriated shall be

allotted among the States by allotting to each State an

amount that bears the same proportion to such amount

appropriated as the number of children under the age

of 18 residing in the State bears to the total number

of children under the age of 18 residing in all States

(except that no State shall receive less than $175,000 under

this subparagraph).

‘‘(B) 30 percent of such amount appropriated shall be

allotted among the States by allotting to each State an

amount that bears the same proportion to such amount

appropriated as the amount leveraged by the State from

private, State, or other non-Federal sources and directed

through the State lead agency in the preceding fiscal year

bears to the aggregate of the amounts leveraged by all

States from private, State, or other non-Federal sources

and directed through the lead agency of such States in

the preceding fiscal year.

‘‘(2) ADDITIONAL REQUIREMENT.—The Secretary shall provide allotments under paragraph (1) to the State lead entity.

‘‘(c) ALLOCATION.—Funds allotted to a State under this section—

‘‘(1) shall be for a 3-year period; and

‘‘(2) shall be provided by the Secretary to the State on

an annual basis, as described in subsection (a).

‘‘SEC. 204. EXISTING GRANTS.

‘‘(a) IN GENERAL.—Notwithstanding the enactment of the Child

Abuse Prevention and Treatment Act Amendments of 1996, a State

or entity that has a grant, contract, or cooperative agreement in

effect, on the date of the enactment of such Act under any program

described in subsection (b), shall continue to receive funds under

such program, subject to the original terms under which such

funds were provided under the grant, through the end of the

applicable grant cycle.

‘‘(b) PROGRAMS DESCRIBED.—The programs described in this

subsection are the following:

‘‘(1) The Community-Based Family Resource programs

under section 201 of this Act, as such section was in effect

on the day before the date of the enactment of the Child

Abuse Prevention and Treatment Act Amendments of 1996.

‘‘(2) The Family Support Center programs under subtitle

F of title VII of the Stewart B. McKinney Homeless Assistance

Act (42 U.S.C. 11481 et seq.), as such title was in effect on

the day before the date of the enactment of the Child Abuse

Prevention and Treatment Act Amendments of 1996.

‘‘(3) The Emergency Child Abuse Prevention Services grant

program under section 107A of this Act, as such section was

in effect on the day before the date of the enactment of the

Human Services Amendments of 1994.

‘‘(4) Programs under the Temporary Child Care for Children

With Disabilities and Crisis Nurseries Act of 1986.

‘‘SEC. 205. APPLICATION.

‘‘A grant may not be made to a State under this title unless

an application therefor is submitted by the State to the Secretary

and such application contains the types of information specified

42 USC 5116d.

42 USC 5115c.
110 STAT. 3084 PUBLIC LAW 104–235—OCT. 3, 1996

by the Secretary as essential to carrying out the provisions of

section 202, including—

‘‘(1) a description of the lead entity that will be responsible

for the administration of funds provided under this title and

the oversight of programs funded through the Statewide network of community-based, prevention-focused, family resource

and support programs which meets the requirements of section

202;

‘‘(2) a description of how the network of community-based,

prevention-focused, family resource and support programs will

operate and how family resource and support services provided

by public and private, nonprofit organizations, including those

funded by programs consolidated under this Act, will be

integrated into a developing continuum of family centered,

holistic, preventive services for children and families;

‘‘(3) an assurance that an inventory of current family

resource programs, respite care, child abuse and neglect prevention activities, and other family resource services operating

in the State, and a description of current unmet needs, will

be provided;

‘‘(4) a budget for the development, operation and expansion

of the State’s network of community-based, prevention-focused,

family resource and support programs that verifies that the

State will expend in non-Federal funds an amount equal to

not less than 20 percent of the amount received under this

title (in cash, not in-kind) for activities under this title;

‘‘(5) an assurance that funds received under this title will

supplement, not supplant, other State and local public funds

designated for the Statewide network of community-based,

prevention-focused, family resource and support programs;

‘‘(6) an assurance that the State has the capacity to ensure

the meaningful involvement of parents who are consumers and

who can provide leadership in the planning, implementation,

and evaluation of the programs and policy decisions of the

applicant agency in accomplishing the desired outcomes for

such efforts;

‘‘(7) a description of the criteria that the entity will use

to develop, or select and fund, individual community-based,

prevention-focused, family resource and support programs as

part of network development, expansion or enhancement;

‘‘(8) a description of outreach activities that the entity

and the community-based, prevention-focused, family resource

and support programs will undertake to maximize the participation of racial and ethnic minorities, children and adults with

disabilities, homeless families and those at risk of homelessness, and members of other underserved or underrepresented

groups;

‘‘(9) a plan for providing operational support, training and

technical assistance to community-based, prevention-focused,

family resource and support programs for development, operation, expansion and enhancement activities;

‘‘(10) a description of how the applicant entity’s activities

and those of the network and its members will be evaluated;

‘‘(11) a description of the actions that the applicant entity

will take to advocate systemic changes in State policies, practices, procedures and regulations to improve the delivery of
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3085

prevention-focused, family resource and support program services to children and families; and

‘‘(13) an assurance that the applicant entity will provide

the Secretary with reports at such time and containing such

information as the Secretary may require.

‘‘SEC. 206. LOCAL PROGRAM REQUIREMENTS.

‘‘(a) IN GENERAL.—Grants made under this title shall be used

to develop, implement, operate, expand and enhance communitybased, prevention-focused, family resource and support programs

that—

‘‘(1) assess community assets and needs through a planning

process that involves parents and local public agencies, local

nonprofit organizations, and private sector representatives;

‘‘(2) develop a strategy to provide, over time, a continuum

of preventive, family centered services to children and families,

especially to young parents and parents with young children,

through public-private partnerships;

‘‘(3) provide—

‘‘(A) core family resource and support services such

as—

‘‘(i) parent education, mutual support and self help,

and leadership services;

‘‘(ii) outreach services;

‘‘(iii) community and social service referrals; and

‘‘(iv) follow-up services;

‘‘(B) other core services, which must be provided or

arranged for through contracts or agreements with other

local agencies, including all forms of respite care services

to the extent practicable; and

‘‘(C) access to optional services, including—

‘‘(i) referral to and counseling for adoption services

for individuals interested in adopting a child or relinquishing their child for adoption;

‘‘(ii) child care, early childhood development and

intervention services;

‘‘(iii) referral to services and supports to meet the

additional needs of families with children with disabilities;

‘‘(iv) referral to job readiness services;

‘‘(v) referral to educational services, such as

scholastic tutoring, literacy training, and General Educational Degree services;

‘‘(vi) self-sufficiency and life management skills

training;

‘‘(vii) community referral services, including early

developmental screening of children; and

‘‘(viii) peer counseling;

‘‘(4) develop leadership roles for the meaningful involvement of parents in the development, operation, evaluation,

and oversight of the programs and services;

‘‘(5) provide leadership in mobilizing local public and private resources to support the provision of needed family

resource and support program services; and

‘‘(6) participate with other community-based, preventionfocused, family resource and support program grantees in the

42 USC 5116e.
110 STAT. 3086 PUBLIC LAW 104–235—OCT. 3, 1996

development, operation and expansion of the Statewide network.

‘‘(b) PRIORITY.—In awarding local grants under this title, 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.

‘‘SEC. 207. PERFORMANCE MEASURES.

‘‘A State receiving a grant under this title, through reports

provided to the Secretary—

‘‘(1) shall demonstrate the effective development, operation

and expansion of a Statewide network of community-based,

prevention-focused, family resource and support programs that

meets the requirements of this title;

‘‘(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 202;

‘‘(3) shall demonstrate the establishment of new respite

care and other specific new family resources services, and the

expansion of existing services, to address unmet needs identified by the inventory and description of current services

required under section 205(3);

‘‘(4) shall describe the number of families served, including

families with children with disabilities, and the involvement

of a diverse representation of families in the design, operation,

and evaluation of the Statewide network of community-based,

prevention-focused, family resource and support programs, and

in the design, operation and evaluation of the individual

community-based family resource and support programs that

are part of the Statewide network funded under this title;

‘‘(5) shall demonstrate a high level of satisfaction among

families who have used the services of the community-based,

prevention-focused, family resource and support programs;

‘‘(6) shall demonstrate the establishment or maintenance

of innovative funding mechanisms, at the State or community

level, that blend Federal, State, local and private funds, and

innovative, interdisciplinary service delivery mechanisms, for

the development, operation, expansion and enhancement of the

Statewide network of community-based, prevention-focused,

family resource and support programs;

‘‘(7) shall describe the results of a peer review process

conducted under the State program; and

‘‘(8) shall demonstrate an implementation plan to ensure

the continued leadership of parents in the on-going planning,

implementation, and evaluation of such community based,

prevention-focused, family resource and support programs.

‘‘SEC. 208. NATIONAL NETWORK FOR COMMUNITY-BASED FAMILY

RESOURCE PROGRAMS.

‘‘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;

42 USC 5116g.

42 USC 5116f.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3087

‘‘(3) to fund a yearly symposium on State system change

efforts that result from the operation of the Statewide networks

of community-based, prevention-focused, family resource and

support programs;

‘‘(4) to create, operate and maintain a computerized communication system between lead entities; and

‘‘(5) to fund State-to-State technical assistance through biannual conferences.

‘‘SEC. 209. DEFINITIONS.

‘‘For purposes of this title:

‘‘(1) CHILDREN WITH DISABILITIES.—The term ‘children with

disabilities’ has the same meaning given such term in section

602(a)(2) of the Individuals with Disabilities Education Act.

‘‘(2) COMMUNITY REFERRAL SERVICES.—The term ‘community referral services’ means services provided under contract

or through interagency agreements to assist families in obtaining needed information, mutual support and community

resources, including respite care services, health and mental

health services, employability development and job training,

and other social services, including early developmental screening of children, through help lines or other methods.

‘‘(3) FAMILY RESOURCE AND SUPPORT PROGRAM.—The term

‘family resource and support program’ means a communitybased, prevention-focused entity that—

‘‘(A) provides, through direct service, the core services

required under this title, including—

‘‘(i) parent education, support and leadership services, together with services characterized by relationships between parents and professionals that are based

on equality and respect, and designed to assist parents

in acquiring parenting skills, learning about child

development, and responding appropriately to the

behavior of their children;

‘‘(ii) services to facilitate the ability of parents

to serve as resources to one another (such as through

mutual support and parent self-help groups);

‘‘(iii) outreach services provided through voluntary

home visits and other methods to assist parents in

becoming aware of and able to participate in family

resources and support program activities;

‘‘(iv) community and social services to assist families in obtaining community resources; and

‘‘(v) follow-up services;

‘‘(B) provides, or arranges for the provision of, other

core services through contracts or agreements with other

local agencies, including all forms of respite care services;

and

‘‘(C) provides access to optional services, directly or

by contract, purchase of service, or interagency agreement,

including—

‘‘(i) child care, early childhood development and

early intervention services;

‘‘(ii) referral to self-sufficiency and life management skills training;

42 USC 5116h.
110 STAT. 3088 PUBLIC LAW 104–235—OCT. 3, 1996

‘‘(iii) referral to education services, such as scholastic tutoring, literacy training, and General Educational

Degree services;

‘‘(iv) referral to services providing job readiness

skills;

‘‘(v) child abuse and neglect prevention activities;

‘‘(vi) referral to services that families with children

with disabilities or special needs may require;

‘‘(vii) community and social service referral, including early developmental screening of children;

‘‘(viii) peer counseling;

‘‘(ix) referral for substance abuse counseling and

treatment; and

‘‘(x) help line services.

‘‘(4) OUTREACH SERVICES.—The term ‘outreach services’

means services provided to assist consumers, through voluntary

home visits or other methods, in accessing and participating

in family resource and support program activities.

‘‘(5) RESPITE CARE SERVICES.—The term ‘respite care services’ means short term care services provided in the temporary

absence of the regular caregiver (parent, other relative, foster

parent, adoptive parent, or guardian) to children who—

‘‘(A) are in danger of abuse or neglect;

‘‘(B) have experienced abuse or neglect; or

‘‘(C) have disabilities, chronic, or terminal illnesses.

Such services shall be provided within or outside the home

of the child, be short-term care (ranging from a few hours

to a few weeks of time, per year), and be intended to enable

the family to stay together and to keep the child living in

the home and community of the child.

‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

title, $66,000,000 for fiscal year 1997 and such sums as may be

necessary for each of the fiscal years 1998 through 2001.’’.

Subtitle C—Certain Preventive Services

Regarding Children of Homeless Families or Families At Risk of Homelessness

SEC. 131. REPEAL OF TITLE III.

Title III of the Child Abuse Prevention and Treatment Act

(42 U.S.C. 5118 et seq.) is repealed.

Subtitle D—Miscellaneous Provisions

SEC. 141. TABLE OF CONTENTS.

The table of contents of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended to read as follows:

‘‘Sec. 1. Short title and table of contents.

‘‘Sec. 2. Findings.

‘‘TITLE I—GENERAL PROGRAM

‘‘Sec. 101. Office on Child Abuse and Neglect.

42 USC 5116i.
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3089

‘‘Sec. 102. Advisory Board on Child Abuse and Neglect.

‘‘Sec. 103. National clearinghouse for information relating to child abuse.

‘‘Sec. 104. Research and assistance activities.

‘‘Sec. 105. Grants to public agencies and nonprofit private organizations for demonstration programs and projects. ‘‘Sec. 106. Grants to States for child abuse and neglect prevention and treatment

programs. ‘‘Sec. 107. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases. ‘‘Sec. 108. Miscellaneous requirements relating to assistance.

‘‘Sec. 109. Coordination of child abuse and neglect programs.

‘‘Sec. 110. Reports.

‘‘Sec. 111. Definitions.

‘‘Sec. 112. Authorization of appropriations.

‘‘Sec. 113. Rule of construction.

‘‘TITLE II—COMMUNITY-BASED FAMILY RESOURCE AND SUPPORT GRANTS

‘‘Sec. 201. Purpose and authority.

‘‘Sec. 202. Eligibility.

‘‘Sec. 203. Amount of grant.

‘‘Sec. 204. Existing grants.

‘‘Sec. 205. Application.

‘‘Sec. 206. Local program requirements.

‘‘Sec. 207. Performance measures.

‘‘Sec. 208. National network for community-based family resource programs.

‘‘Sec. 209. Definitions.

‘‘Sec. 210. Authorization of appropriations.

SEC. 142. REPEALS OF OTHER LAWS.

(a) TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES

AND CRISIS NURSERIES ACT OF 1986.—The Temporary Child Care

for Children With Disabilities and Crisis Nurseries Act of 1986

(42 U.S.C. 5117 et seq.) is repealed.

(b) FAMILY SUPPORT CENTERS.—Subtitle F of title VII of the

Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11481

et seq.) is repealed.

TITLE II—AMENDMENTS TO OTHER

ACTS

Subtitle A—Family Violence Prevention

and Services Act

SEC. 201. STATE DEMONSTRATION GRANTS.

Section 303(e) of the Family Violence Prevention and Services

Act (42 U.S.C. 10420(e)) is amended—

(1) by striking ‘‘following local share’’ and inserting ‘‘following non-Federal matching local share’’; and

(2) by striking ‘‘20 percent’’ and all that follows through

‘‘private sources.’’ and inserting ‘‘with respect to an entity

operating an existing program under this title, not less than

20 percent, and with respect to an entity intending to operate

a new program under this title, not less than 35 percent.’’.

SEC. 202. ALLOTMENTS.

Section 304(a)(1) of the Family Violence Prevention and Serv- ices Act (42 U.S.C. 10403(a)(1)) is amended by striking ‘‘$200,000’’

and inserting ‘‘$400,000’’.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

Section 310 of the Family Violence Prevention and Services

Act (42 U.S.C. 10409) is amended—

42 USC 10402.
110 STAT. 3090 PUBLIC LAW 104–235—OCT. 3, 1996

(1) in subsection (b), by striking ‘‘80’’ and inserting ‘‘70’’;

and

(2) by adding at the end thereof the following new subsections:

‘‘(d) GRANTS FOR STATE COALITIONS.—Of the amounts appropriated under subsection (a) for each fiscal year, not less than

10 percent of such amounts shall be used by the Secretary for

making grants under section 311.

‘‘(e) NON-SUPPLANTING REQUIREMENT.—Federal funds made

available to a State under this title shall be used to supplement

and not supplant other Federal, State, and local public funds

expended to provide services and activities that promote the purposes of this title.’’.

Subtitle B—Child Abuse Prevention and

Treatment and Adoption Reform Act of

1978 (‘‘Adoption Opportunities Act’’)

SEC. 211. FINDINGS AND PURPOSE.

Section 201 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5111) is amended—

(1) in subsection (a)—

(A) in paragraph (1)—

(i) by striking ‘‘50 percent between 1985 and 1990’’

and inserting ‘‘61 percent between 1986 and 1994’’;

and

(ii) by striking ‘‘400,000 children at the end of

June, 1990’’ and inserting ‘‘452,000 as of June 1994’’;

(B) in paragraph (5), by striking ‘‘local’’ and inserting

‘‘legal’’; and

(C) in paragraph (7), to read as follows:

‘‘(7)(A) currently, 40,000 children are free for adoption and

awaiting placement;

‘‘(B) such children are typically school aged, in sibling

groups, have experienced neglect or abuse, or have a physical,

mental, or emotional disability; and

‘‘(C) while the children are of all races, children of color

and older children (over the age of 10) are over represented

in such group;’’; and

(2) in subsection (b)—

(A) by striking ‘‘conditions, by—’’ and all that follows

through ‘‘Department of Health and Human Services

to—’’ and inserting ‘‘conditions, by providing a mechanism

to—’’; and

(B) by redesignating subparagraphs (A) through (C)

of paragraph (2), as paragraphs (1) through (3), respectively, and by realigning the margins of such paragraphs

accordingly.

SEC. 212. INFORMATION AND SERVICES.

Section 203 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5113) is amended—

(1) in subsection (a), by striking the last sentence;

(2) in subsection (b)—

(A) in paragraph (6), to read as follows:
PUBLIC LAW 104–235—OCT. 3, 1996 110 STAT. 3091

‘‘(6) study the nature, scope, and effects of the placement

of children in kinship care arrangements, pre-adoptive, or adoptive homes;’’;

(B) by redesignating paragraphs (7) through (9) as

paragraphs (8) through (10), respectively; and

(C) by inserting after paragraph (6), the following new

paragraph:

‘‘(7) study the efficacy of States contracting with public

or private nonprofit agencies (including community-based and

other organizations), or sectarian institutions for the recruitment of potential adoptive and foster families and to provide

assistance in the placement of children for adoption;’’; and

(3) in subsection (d)(2)—

(A) by striking ‘‘Each’’ and inserting ‘‘(A) Each’’;

(B) by striking ‘‘for each fiscal year’’ and inserting

‘‘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’’; and

(C) by adding at the end the following new subparagraph:

‘‘(B) The Secretary shall provide, directly or by grant to or

contract with public or private nonprofit agencies or organizations—

‘‘(i) technical assistance and resource and referral information to assist State or local governments with termination of

parental rights issues, in recruiting and retaining adoptive

families, in the successful placement of children with special

needs, and in the provision of pre- and post-placement services,

including post-legal adoption services; and

‘‘(ii) other assistance to help State and local governments

replicate successful adoption-related projects from other areas

in the United States.’’.

SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

Section 205 of the Child Abuse Prevention and Treatment

and Adoption Reform Act of 1978 (42 U.S.C. 5115) is amended—

(1) in subsection (a), by striking ‘‘$10,000,000’’ and all

that follows through ‘‘203(c)(1)’’ and inserting ‘‘$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’’;

(2) by striking subsection (b); and

(3) by redesignating subsection (c) as subsection (b).

Subtitle C—Abandoned Infants Assistance

Act of 1988

SEC. 221. PRIORITY REQUIREMENT.

Section 101 of the Abandoned Infants Assistance Act of 1988

(42 U.S.C. 670 note) is amended by adding at the end the following:

‘‘(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.’’.

Grants.

Contracts.
110 STAT. 3092 PUBLIC LAW 104–235—OCT. 3, 1996

LEGISLATIVE HISTORY—S. 919:

SENATE REPORTS: No. 104–117 (Comm. on Labor and Human Resources).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 18, considered and passed Senate.

Sept. 25, considered and passed House, amended.

Sept. 27, Senate concurred in House amendment.

Æ

SEC. 222. REAUTHORIZATION.

Section 104(a)(1) of the Abandoned Infants Assistance Act of

1988 (42 U.S.C. 670 note) is amended by striking ‘‘$20,000,000’’

and all that follows and inserting ‘‘$35,000,000 for fiscal year 1997

and such sums as may be necessary for each of the fiscal years

1998 through 2001.’’.

Subtitle D—Reauthorization of Various

Programs

SEC. 231. MISSING CHILDREN’S ASSISTANCE ACT.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 408 of the

Missing Children’s Assistance Act (42 U.S.C. 5777) is amended—

(1) by striking ‘‘To’’ and inserting ‘‘(a) IN GENERAL.—To’’;

(2) by striking ‘‘1993, 1994, 1995, and 1996’’ and inserting

‘‘1997 through 2001’’; and

(3) by adding at the end the following new subsection:

‘‘(b) EVALUATION.—The Administrator may use not more than

5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evaluation of the effectiveness of the

programs and activities established and operated under this title.’’.

(b) SPECIAL STUDY AND REPORT.—Section 409 of the Missing

Children’s Assistance Act (42 U.S.C. 5778) is repealed.

SEC. 232. VICTIMS OF CHILD ABUSE ACT OF 1990.

Section 214B of the Victims of Child Abuse Act of 1990 (42

U.S.C. 13004) is amended—

(1) in subsection (a)(2), by striking ‘‘and 1996’’ and inserting

‘‘1996, and each of the fiscal years 1997 through 2000’’; and

(2) in subsection (b)(2), by striking ‘‘and 1996’’ and inserting

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

Approved October 3, 1996.