Child Abuse Prevention, Adoption, and Family Services Act of 1988
PL 100-294 (H.R.1900), enacted 04/25/1988

102 STAT. 102 
PUBLIC LAW 100-294—APR. 25, 1988 
Public Law 100-294 
100th Congress 
An Act 
To amend the Child Abuse Prevention and Treatment Act, the Child Abuse Preven-
Apr. 25, 1988 
tion and Treatment and Adoption Reform Act of 1978, and the Family Violence 
[H.R. 1900] 
Prevention and Services Act to extend through fiscal year 1991 the authorities 
established in such Acts. 
Child Abuse 
Prevention, 
Adoption, 
and Family 
Services 
Act of 1988. 
42 u s e 5101 
note. 
State and local 
governments. 
Health and 
medical care. 
Health care 
professionals. 
Health care 
facilities. 
42 u s e 5101 
note. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the "Child Abuse Prevention, 
Adoption, and Family Services Act of 1988". 
TITLE I—CHILD ABUSE PREVENTION AND 
TREATMENT ACT 
SEC. 101. AMENDMENT TO THE CHILD ABUSE PREVENTION AND TREAT-
MENT ACT. 
The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.) is amended to read as follows: 
"SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
"(a) SHORT TITLE.—This Act may be cited as the 'Child Abuse 
Prevention and Treatment Act'. 
"(b) TABLE OF CONTENTS.—The table of contents is as follows: 
"TABLE OF CONTENTS 
'Sec. 1. Short title and table of contents. 
'Sec. 2. National Center on Child Abuse and Neglect. 
'Sec. 3. Advisory Board on Child Abuse and Neglect. 
'Sec. 4. Inter-Agency Task Force on Child Abuse and Neglect. 
'Sec. 5. National clearinghouse for information relating to child abuse. 
'Sec. 6. Research and assistance activities of the National Center on Child Abuse 
and Neglect. 
'Sec. 7. Grants to public agencies and nonprofit private organizations for demon-
stration or service programs and projects. 
'Sec. 8. Grants to States for child abuse and neglect prevention and treatment pro-
grams. 
'Sec. 9. Technical assistance to States for child abuse prevention and treatment 
programs. 
"Sec. 10. Grants to States for programs relating to the investigation and prosecu-
tion of child abuse cases. 
"Sec. 11. Miscellaneous requirements relating to assistance. 
"Sec. 12. Coordination of child abuse and neglect programs. 
"Sec. 13. Reports. 
"Sec. 14. Definitions. 
"Sec. 15. Authorization of appropriations. 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 103 
"SEC. 2. NATIONAL CENTER ON CHILD ABUSE AND NEGLECT. 
42 USC 5101. 
"(a) ESTABLISHMENT.—The Secretary of Health and Human Serv-
ices shall establish an office to be known as the National Center on 
Child Abuse and Neglect. 
"(b) APPOINTMENT OF DIRECTOR.— 
"(1) APPOINTMENT.—The Secretary shall appoint a Director of 
the Center. Except as otherwise provided in this Act, the Direc-
tor shall be responsible only for administration and operation of 
the Center and for carrying out the functions of the Center 
under this Act. The Director shall have experience in the field 
of child abuse and neglect. 
"(2) COMPENSATION.—The Director shall be compensated at 
the annual rate provided for a level GS-15 employee under 
section 5332 of title 5, United States Code. 
"(c) OTHER STAFF AND RESOURCES.—The Secretary shall make 
available to the Center such staff and resources as are necessary for 
the Center to carry out effectively its functions under this Act. The 
Secretary shall require that professional staff have experience relat-
ing to child abuse and neglect. The Secretary is required to justify, 
based on the priorities and needs of the Center, the hiring of any 
professional staff member who does not have experience relating to 
child abuse and neglect. 
"SEC. 3. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. 
42 USC 5102. 
"(a) APPOINTMENT.—The Secretary shall appoint an advisory 
board to be known as the Advisory Board on Child Abuse and 
Neglect. 
"(b) SOLICITATION OF NOMINATIONS.—The Secretary shall publish a 
Federal 
notice in the Federal Register soliciting nominations for the appoint- ^gi?**^.' 
ments required by subsection (a). 
^" ication. 
"(c) COMPOSITION OF BOARD.— 
"(1) NUMBER OF MEMBERS.—The board shall consist of 15 
members, each of which shall be a person who is recognized for 
expertise in an aspect of the area of child abuse, of which— 
"(A) 2 shall be members of the task force established 
under section 4; and 
"(B) 13 shall be members of the general public and may 
not be Federal employees. 
"(2) REPRESENTATION.—The Secretary shall appoint members 
from the general public under paragraph (1)(B) who are individ-
uals knowledgeable in child abuse and neglect prevention, inter-
vention, treatment, or research, and with due consideration to 
representation of ethnic or racial minorities and diverse geo-
graphic areas, and who represent— 
"(A) law (including the judiciary); 
"(B) psychology (including child development); 
"(C) social services (including child protective services); 
"(D) medicine (including pediatrics); 
"(E) State and local government; 
"(F) organizations providing services to disabled persons; 
"(G) organizations providing services to adolescents; 
"(H) teachers; 
"(I) parent self-help organizations; 
"(J) parents' groups; and 
"(K) voluntary groups. 
102 STAT. 104 
PUBLIC LAW 100-294—APR. 25, 1988 
"(3) TERMS OF OFFICE.—(A) Except as otherwise provided in 
this subsection, members shall be appointed for terms of office 
of 4 years. 
"(B) Of the members of the board from the general public first 
appointed under subsection (a)— 
"(i) 4 shall be appointed for terms of office of 2 years; 
"(ii) 4 shall be appointed for terms of office of 3 years; and 
"(iii) 5 shall be appointed for terms of office of 4 years, 
as determined by the members from the general public during 
the first meeting of the board. 
"(C) No member of the board appointed under subsection (a) 
shall be eligible to serve in excess of tvi^o consecutive terms, but 
may continue to serve until such member's successor is 
appointed. 
"(4) VACANCIES.—Any member of the board appointed under 
subsection (a) to fill a vacancy occurring before the expiration of 
the term to which such member's predecessor was appointed 
shall be appointed for the remainder of such term. If the 
vacancy occurs prior to the expiration of the term of a member 
of the board appointed under subsection (a), a replacement shall 
be appointed in the same manner in which the original appoint-
ment was made. 
"(5) REMOVAL.—No member of the board may be removed 
during the term of office of such member except for just and 
sufficient cause. 
"(d) ELECTION OF OFFICERS.—The board shall elect a chairperson 
and vice-chairperson at its first meeting from among the members 
from the general public. 
"(e) MEETINGS.—The board shall meet not less than twice a year 
at the call of the chairperson. The chairperson, to the maximum 
extent practicable, shall coordinate meetings of the board with 
receipt of reports from the task force under section 4(f). 
Reports. 
"(f) DuTiES.—The board shall— 
"(1) annually submit to the Secretary and the appropriate 
committees of Congress a report containing— 
"(A) recommendations on coordinating Federal child 
abuse and neglect activities to prevent duplication and 
ensure efficient allocations of resources and program 
effectiveness; and 
"(B) recommendations as to carrying out the purposes of 
this Act; 
"(2) annually submit to the Secretary and the Director a 
report containing long-term and short-term recommendations 
on— 
"(A) programs; 
"(B) research; 
"(C) grant and contract needs; 
"(D) areas of unmet needs; and 
"(E) areas to which the Secretary should provide grant 
and contract priorities under sections 6 and 7; and 
"(3) annually review the budget of the Center and submit to 
the Director a report concerning such review. 
"(g) COMPENSATION.— 
"(1) IN GENERAL.—Except as provided in paragraph (3), mem-
bers of the board, other than those regularly employed by the 
Federal Government, while serving on business of the board, 
may receive compensation at a rate not in excess of the daily 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 105 
equivalent payable to a GS-18 employee under section 5332 of 
title 5, United States Code, including traveltime. 
"(2) TRAVEL.—Except as provided in paragraph (3), members 
of the board, while serving on business of the board away from 
their homes or regular places of business, may be allowed travel 
expenses (including per diem in lieu of subsistence) as au-
thorized by section 5703 of title 5, United States Code, for 
persons in the Government service employed intermittently. 
"(3) RESTRICTION.—The Director may not compensate a 
member of the board under this section if the member is 
receiving compensation or travel expenses from another source 
while serving on business of the board. 
"SEC. 4. INTERAGENCY TASK FORCE ON CHILD ABUSE AND NEGLECT. 
42 USC 5103. 
"(a) ESTABLISHMENT.—The Secretary shall establish a task force to 
be known as the Inter-Agency Task Force on Child Abuse and 
Neglect. 
"(b) COMPOSITION.—The Secretary shall request representation for 
the task force from Federal agencies with responsibility for pro-
grams and activities related to child abuse and neglect. 
"(c) CHAIRPERSON.—The task force shall be chaired by the Direc-
tor. 
"(d) DUTIES.—The task force shall— 
"(1) coordinate Federal efforts with respect to child abuse 
prevention and treatment programs; 
"(2) encourage the development by other Federal agencies of 
activities relating to child abuse prevention and treatment; 
"(3) coordinate the use of grants received under this Act with 
the use of grants received under other programs; 
"(4) prepare a comprehensive plan for coordinating the goals, 
objectives, and activities of all Federal agencies and organiza-
tions which have responsibilities for programs and activities 
related to child abuse and neglect, and submit such plan to such 
Advisory Board not later than 12 months after the date of 
enactment of the Child Abuse Prevention, Adoption, and 
Family Services Act of 1988; and 
"(5) coordinate adoption related activities, develop Federal 
standards with respect to adoption activities under this Act, and 
prevent duplication with respect to the allocation of resources to 
adoption activities. 
"(e) MEETINGS.—The task force shall meet not less than three 
times annually at the call of the chairperson. 
"(f) REPORTS.—The task force shall report not less than twice 
annually to the Center and the Board. 
"SEC. 5. NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO 
42 USC 5104. 
CHILD ABUSE. 
"(a) ESTABLISHMENT.—Before the end of the 2-year period begin- 
Contracts, 
ning on the date of the enactment of the Child Abuse Prevention, 
Adoption, and Family Services Act of 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. 
"(b) FUNCTIONS.—The Director shall, through the clearinghouse 
established by subsection (a)— 
"(1) maintain, coordinate, and disseminate information on all 
programs, including private programs, that show promise of 
102 STAT. 106 
PUBLIC LAW 100-294—APR. 25, 1988 
success with respect to the prevention, identification, and treat-
ment of child abuse and neglect, including the information 
provided by the National Center for Child Abuse and Neglect 
under section 6(b); and 
"(2) maintain and disseminate information relating to— 
"(A) the incidence of cases of child abuse and neglect in 
the general population; 
"(B) the incidence of such cases in populations deter-
mined by the Secretary under section 105(a)(1); 
"(C) the incidence of any such cases related to alcohol or 
drug abuse; and 
"(D) State and local recordkeeping with respect to such 
cases. 
"(c) COORDINATION WITH AVAILABLE RESOURCES.—In establishing a 
national clearinghouse as required by subsection (a), the Director 
shall— 
"(1) consult with other Federal agencies that operate similar 
clearinghouses; 
"(2) consult with the head of each agency that is represented 
on the task force on the development of the components for 
information collection and management of such clearinghouse; 
"(3) develop a Federal data system involving the elements 
under subsection (b) which, to the extent practicable, coordi-
nates existing State, regional, and local data systems; and 
"(4) solicit public comment on the components of such 
clearinghouse. 
42 use 5105. 
"SEC. 6. RESEARCH AND ASSISTANCE ACTIVITIES OF THE NATIONAL 
CENTER ON CHILD ABUSE AND NEGLECT. 
"(a) RESEARCH.— 
"(1) TOPICS.—The Secretary shall, through the Center, con-
duct research on— 
"(A) the causes, prevention, identification, and treatment 
of child abuse and neglect; 
"(B) appropriate and effective investigative, administra-
tive, and judicial procedures with respect to cases of child 
abuse; and 
"(C) 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 relationship of child abuse and neglect to 
nonpayment of child support, handicaps, and various 
other factors; and 
"(iii) the incidence of substantiated reported child 
abuse cases that result in civil child protection proceed-
ings 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. 
Grants. 
"(2) PRIORITIES.—(A) The Secretary shall establish research 
Contracts. 
and demonstration priorities for making grants or contracts for 
purposes of carrying out paragraph (1)(A) and activities under 
section 7. 
"(B) In establishing research and demonstration priorities as 
required by subparagraph (A), the Secretary shall— 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 107 
"(i) publish proposed priorities in the Federal Register for 
public comment; and 
"(ii) allow not less than 60 days for public comment on 
such proposed priorities. 
"(b) PUBLICATION AND DISSEMINATION OF INFORMATION.—The Sec-
retary shall, through the Center— 
"(1) 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 unsubstan-
tiated reports; and 
"(B) information on the number of deaths due to child 
abuse and neglect; 
"(2) annually compile and analyze research on child abuse 
and neglect and publish a summary of such research; 
"(3) compile, evaluate, publish, and disseminate to the States 
and to the clearinghouse, established under section 5, materials 
and information designed to assist the States in developing, 
establishing, and operating the programs described in section 
10, including an evaluation o
f
— 
"(A) various methods and procedures for the investiga-
tion and prosecution of child physical and sexual abuse 
cases; and 
"(B) resultant psychological trauma to the child victim; 
"(4) compile, publish, and disseminate training materials— 
"(A) for persons who are engaged in or intend to engage 
in the prevention, identification, and treatment of child 
abuse and neglect; and 
"(B) to appropriate State and local officials to assist in 
training law enforcement, legal, judicial, medical, mental 
health, and child welfare personnel in appropriate methods 
of interacting during investigative, administrative, and ju-
dicial proceedings with children who have been subjected to 
abuse; and 
"(5) establish model information collection systems, in 
consultation with appropriate State and local agencies and 
professionals. 
"(c) PROVISION OF TECHNICAL ASSISTANCE.—The Secretary shall, 
through the Center, provide technical assistance to public and non-
profit private agencies and organizations, including disability 
organizations and persons who work with children with handicaps, 
to assist such agencies and organizations in planning, improving, 
developing, and carrying out programs and activities relating to the 
prevention, identification, and treatment of child abuse and neglect. 
"(d) 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. The Secretary shall review 
each such grant at least annually, utilizing peer review mecha-
nisms to assure the quality and progress of research conducted 
under such grant. 
"(3) PREFERENCE FOR LONG-TERM STUDIES.—In making grants 
for purposes of conducting research under subsection (a), the 
Federal 
Register, 
publication. 
Reports. 
Handicapped 
persons. 
102 STAT. 108 
PUBLIC LAW 100-294—APR. 25, 1988 
Contracts. 
Contracts. 
Contracts. 
42 use 5106. 
Secretary shall give special consideration to applications for 
long-term projects. 
"(e) PEER REVIEW FOR GRANTS.— 
"(1) ESTABLISHMENT OF PEER REVIEW PROCESS.—(A) The Sec-
retary shall establish a formal peer review process for purposes 
of evaluating applications for grants and contracts under this 
section and determining the relative merits of the projects for 
which such assistance is requested. 
"(B) 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 in-
clude only experts in the field of child abuse and neglect. 
"(2) REVIEW OF APPLICATIONS FOR ASSISTANCE.—Each peer 
review panel established under paragraph (1)(A) that reviews 
any application for a grant, contract, or other financial assist-
ance shall— 
"(A) determine the merit of each project described in such 
application; and 
"(B) rank such application with respect to all other ap-
plications 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. 
"(3) NOTICE OF APPROVAL.—(A) 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. 
"(B) In the instance in which the Secretary approves an 
application for a program without having approved all applica-
tions ranked above such application (as determined under 
subsection (e)(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 pend-
ing application that is superior in merit, as indicated on the list 
under subsection (e)(2)(B). 
"SEC. 7. GRANTS TO PUBLIC AGENCIES AND NONPROFIT PRIVATE 
ORGANIZATIONS FOR DEMONSTRATION OR SERVICE PRO-
GRAMS AND PROJECTS. 
"(a) GENERAL AUTHORITY.—The Secretary, through the Center, 
shall, in accordance with subsections (b) and (c), make grants to, and 
enter into contracts with, public agencies or nonprofit private 
organizations (or combinations of such agencies or organizations) for 
demonstration or service programs and projects designed to prevent, 
identify, and treat child abuse and neglect. 
"(b) GRANTS FOR RESOURCE CENTERS.—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; 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 109 
"(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, agen-
cies, and organizations which request such services. 
"(c) DISCRETIONARY GRANTS.—In addition to grants or contracts 
made under subsection (b), grants or contracts under this section 
may be used for the following: 
"(1) Training programs— 
"(A) for 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; or 
"(B) to provide instruction in methods of protecting chil-
dren from child abuse and neglect to children and to per-
sons responsible for the welfare of children, including 
parents of and persons who work with children with handi-
caps. 
"(2) Such other innovative programs and projects as the 
Secretary may approve, including programs and projects for 
parent self-help, for prevention and treatment of alcohol and 
drug-related child abuse and neglect, and for home health 
visitor programs designed to reach parents of children in popu-
lations in which risk is high, that show promise of successfully 
preventing and treating cases of child abuse and neglect, and 
for a parent self-help program of demonstrated effectiveness 
which is national in scope. 
"(3) Projects which provide educational identification, preven-
tion, and treatment services in cooperation with preschool and 
elementary and secondary schools. 
"(4) Respite and crisis nursery programs provided by commu-
nity-based organizations under the direction and supervision of 
hospitals. 
"(5) Respite and crisis nursery programs provided by commu-
nity-based organizations. 
"(6)(A) Providing hospital-based information and referral 
services to— 
"(i) parents of children with handicaps; and 
"(ii) children who have been neglected or abused and 
their parents. 
"(B) Except as provided in subparagraph (C)(iii), services pro-
vided under a grant received under this paragraph shall be 
provided at the hospital involved— 
"(i) upon the birth or admission of a handicapped child; 
and 
"(ii) upon the treatment of a child for abuse or neglect. 
"(C) Services, as determined £is appropriate by the grantee, 
provided under a grant received under this paragraph shall be 
hospital-based and shall consist o
f
— 
"(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 handicaps regarding resources in the 
community, particularly parent training resources, that 
will assist such parents in caring for their child; 
Education. 
Handicapped 
persons. 
Alcohol and 
alcoholic 
beverages. 
Drugs and drug 
abuse. 
102 STAT. 110 
PUBLIC LAW 100-294—APR. 25, 1988 
"(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 de-
scribed in subparagraph (B). 
The grantee shall assure that parental involvement described in 
this subparagraph is voluntary. 
"(D) For purposes of this paragraph, a qualified grantee is a 
nonprofit acute care hospital that— 
"(i) is in a combination with— 
"(I) a health-care provider organization; 
"(II) a child welfare organization; 
"(III) a disability organization; and 
"(IV) a State child protection agency; 
"(ii) submits an application for a grant under this para-
graph 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 serv-
ices 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. 
Urban areas. 
"(E) In awarding grants under this paragraph, the Secretary 
Rural areas. 
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. 
"(7) Such other innovative programs and projects that show 
promise of preventing and treating cases of child abuse and 
neglect as the Secretary may approve. 
42 use 5106a. 
"SEC. 8. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVEN-
TION AND TREATMENT PROGRAMS. 
"(a) DEVELOPMENT AND OPERATION GRANTS.—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. 
"(b) ELIGIBILITY REQUIREMENTS.—In order for a State to qualify for 
a grant under subsection (a), such State shall— 
"(1) have in effect a State law relating to child abuse and 
neglect, including— 
PUBLIC LAW 100-294—APR. 25,1988 
102 STAT. I l l 
"(A) provisions for the reporting of known and suspected 
instances of child abuse and neglect; and 
"(B) provisions for immunity from prosecution under 
State and local laws for persons who report instances of 
child abuse or neglect for circumstances arising from such 
reporting; 
"(2) provide that upon receipt of a report of known or sus-
pected instances of child abuse or neglect an investigation shall 
be initiated promptly to substantiate the accuracy of the report, 
and, upon a finding of abuse or neglect, immediate steps shall 
be taken to protect the health and welfare of the abused or 
neglected child and of any other child under the same care who 
may be in danger of abuse or neglect; 
"(3) demonstrate that there are in effect throughout the State, 
in connection with the enforcement of child abuse and neglect 
laws and with the reporting of suspected instances of child 
abuse and neglect, such— 
"(A) administrative procedures; 
"(B) personnel trained in child abuse and neglect preven-
tion and treatment; 
"(C) training procedures; 
"(D) institutional and other facilities (public and private); 
and 
"(E) such 
related 
multidisciplinary 
programs 
and 
services, 
as may be necessary or appropriate to ensure that the State will 
deal effectively with child abuse and neglect cases in the State; 
"(4) 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; 
"(5) provide for the cooperation of law enforcement officials, 
courts of competent jurisdiction, and appropriate State agencies 
providing human services; 
"(6) provide that in every case involving an abused or ne-
glected child which results in a judicial proceeding a guardian 
ad litem shall be appointed to represent the child in such 
proceedings; 
"(7) provide that the aggregate of support for programs or 
projects related to child abuse and neglect assisted by State 
funds shall not be reduced below the level provided during fiscal 
year 1973, and set forth policies and procedures designed to 
ensure that Federal funds made available under this Act for 
any fiscal year shall be so used as to supplement and, to the 
extent practicable, increase the level of State funds which 
would, in the absence of Federal funds, be available for such 
programs and projects; 
"(8) provide for dissemination of information, including ef-
forts to encourage more accurate reporting, to the general 
public with respect to the problem of child abuse and neglect 
and the facilities and prevention and treatment methods avail-
able to combat instances of child abuse and neglect; 
"(9) to the extent feasible, ensure that parental organizations 
combating child abuse and neglect receive preferential treat-
ment; and 
"(10) have in place for the purpose of responding to the 
reporting of medical neglect (including instances of withholding 
of medically indicated treatment from disabled infants with life-
Classified 
information. 
Public 
information. 
Handicapped 
persons. 
102 STAT. 112 
PUBLIC LAW 100-294—APR. 25, 1988 
threatening conditions), procedures or programs, or both (within 
the State child protective services system), to provide for— 
"(A) coordination and consultation with individuals des-
ignated by and within appropriate health-care facilities; 
"(B) prompt notification by individuals designated by and 
within appropriate health-care facilities of cases of sus-
pected medical neglect (including instances of withholding 
of medically indicated treatment from disabled infants with 
life-threatening conditions); and 
"(C) authority, under State law, for the State child protec-
tive service 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) WAIVERS.— 
"(1) GENERAL RULE.—Subject to paragraph (3) of this subsec-
tion, any State which does not qualify for assistance under this 
subsection may be granted a waiver of any requirement under 
paragraph (2) of this subsection— 
"(A) for a period of not more than one year, if the 
Secretary makes a finding that such State is making a good 
faith effort to comply with any such requirement, and for a 
second one-year period if the Secretary makes a finding 
that such State is making substantial progress to achieve 
such compliance; or 
"(B) for a nonrenewable period of not more than two 
years in the case of a State the legislature of which meets 
only biennially, if the Secretary makes a finding that such 
State is making a good faith effort to comply with such 
requirement. 
"(2) EXTENSION.—(A) Subject to paragraph (3) of this subsec-
tion, any State whose waiver under paragraph (1) expired as of 
the end of fiscal year 1986 may be granted an extension of such 
waiver, if the Secretary makes a finding that such State is 
making a good faith effort to comply with the requirements 
under subsection (b) of this section— 
"(i) through the end of fiscal year 1988; or 
"(ii) in the case of a State the legislature of which meets 
biennially, through the end of the fiscal year 1989 or the 
end of the next regularly scheduled session of such legisla-
ture, whichever is earlier. 
Effective date. 
"(B) This provision shall be effective retroactively to October 
1,1986. 
"(3) REQUIREMENTS UNDER SUBSECTION (b)(iO).—No waiver 
under paragraph (1) or (2) may apply to any requirement under 
subsection (b)(10) of this section. 
"(d) REDUCTION OF FUNDS IN CASE OF FAILURE TO OBLIGATE.—If a 
State fails to obligate funds awarded under subsection (a) before the 
expiration of the 18-month period beginning on the date of such 
award, the next award made to such State under this section after 
the expiration of such period shall be reduced by an amount equal of 
the amount of such unobligated funds unless the Secretary deter-
mines that extraordinary reasons justify the failure to so obligate. 
"(e) RESTRICTIONS RELATING TO CHILD WELFARE SERVICES.—Pro-
grams or projects relating to child abuse and neglect assisted under 
part B of title IV of the Social Security Act shall comply with the 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 113 
requirements set forth in paragraphs (1)(A), (2), (4), (5), and (10) of 
subsection (b). 
"(f) COMPLIANCE AND EDUCATION GRANTS.—The Secretary is au- Handicapped 
thorized to make grants to the States for purposes of developing, persons, 
implementing, or operating— 
"(1) the procedures or programs required under subsection 
(b)(10); 
"(2) information and education programs or training pro-
grams designed to improve the provision of services to disabled 
infants with life-threatening conditions for— 
"(A) professional and paraprofessional personnel con-
cerned with the welfare of disabled infants with life-
threatening conditions, including personnel employed in 
child protective services programs and health-care facili-
ties; and 
"(B) the parents of such infants; and 
"(3) 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. 
"SEC. 9. TECHNICAL ASSISTANCE TO STATES FOR CHILD ABUSE PREVEN-
TION AND TREATMENT PROGRAMS. 
"(a) TRAINING AND TECHNICAL ASSISTANCE.—The Secretary shall 
provide, directly or through grants or contracts with public or 
private nonprofit organizations, for— 
"(1) training and technical assistance programs to assist 
States in developing, implementing, or operating programs and 
procedures meeting the requirements of section 8(b)(10); and 
"(2) the establishment and operation of national and regional 
information and resource clearinghouses for the purpose of 
providing the most current and complete information regarding 
medical treatment procedures and resources and community 
resources for the provision of services and treatment to disabled 
infants with life-threatening conditions, including— 
"(A) compiling, maintaining, updating, and disseminating 
regional directories of community services and resources 
(including the names and phone numbers of State and local 
medical organizations) to assist parents, families, and physi-
cians; and 
"(B) attempting to coordinate the availability of ap- Education, 
propriate regional education resources for health-care 
personnel. 
"(b) LIMITATION ON FUNDING.—Not more than $1,000,000 of the 
funds appropriated for any fiscal year for purposes of carrying out 
this Act may be used to carry out this section. 
"SEC. 10. GRANTS TO STATES FOR PROGRAMS RELATING TO THE INVES- 
42 USC 5106c. 
TIGATION AND PROSECUTION OF CHILD ABUSE CASES. 
"(a) GRANTS TO STATES.—The Secretary, acting through the Center 
and 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— 
42 USC 5106b. 
Grants. 
Contracts. 
Public 
information. 
Handicapped 
persons. 
102 STAT. 114 
PUBLIC LAW 100-294—APR. 25, 1988 
"(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. 
"(b) EuGiBiLiTY REQUIREMENTS.—In order for a State to qualify for 
assistance under this section, such State shall— 
"(1) fulfill the requirements of sections 8(b) and 8(e) or receive 
a waiver under section 8(c); 
"(2) establish a task force as provided in subsection (c); 
"(3) fulfill the requirements of subsection (d); and 
"(4) submit 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— 
Reports. 
"(A) make such reports to the Secretary as may reason-
ably be required; and 
Records. 
"(B) maintain and provide access to records relating to 
activities under subsections (a) and (b). 
"(c) STATE TASK FORCES.— 
"(1) GENERAL RULE.—Except as provided in paragraph (2), a 
State requesting assistance under this section shall establish or 
designate 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 abuse. The State task 
force shall include— 
"(A) individuals representing the law 
enforcement 
community; 
"(B) judicial and legal officers (including individuals in-
volved with the defense as well as the prosecution of such 
cases); 
"(C) child advocates; 
"(D) health and mental health professionals; 
"(E) individuals representing child protective service 
agencies; 
"(F) individuals experienced in working with children 
with handicaps; 
"(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, the State task force shall— 
"(1) review and evaluate State investigative, administrative 
and judicial handling of cases of child abuse, particularly child 
sexual abuse; and 
"(2) make recommendations in each of the categories de-
scribed in subsection (e). 
The task force may make such other comments and recommenda-
tions 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 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 115 
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, particularly child sexual abuse 
cases, in a manner which reduces the additional trauma to 
the child victim and which also ensures procedural fairness 
to the accused; 
"(B) experimental, model and demonstration programs 
Research and 
for testing innovative approaches and techniques which 
development, 
may improve the rate of successful prosecution or enhance 
the effectiveness of judicial and administrative action in 
child abuse cases, particularly child sexual abuse cases, and 
which also ensure procedural fairness to the accused; and 
"(C) reform of State laws, ordinances, regulations and 
procedures to provide comprehensive protection for chil-
dren from abuse, particularly child sexual abuse, 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 i
f
— 
"(A) the State adopts an alternative to the recommenda-
tions 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 Sec-
retary shall use the amount authorized by section 1404A of the 
Victims of Crime Act of 1984. 
"SEC. 11. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. 
42 USC 5106d. 
"(a) CONSTRUCTION OF FACILITIES.— 
"(1) RESTRICTION ON USE OF FUNDS.—Assistance provided 
under this Act may not be used for construction of facilities. 
"(2) LEASE, RENTAL, OR REPAIR.—The Secretary may authorize 
the use of funds received under this Act— 
"(A) where adequate facilities are not otherwise avail-
able, 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 Act 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 Act. 
"(c) PREVENTION ACTIVITIES.—The Secretary, in consultation with 
the task force and the board, shall ensure that a majority share of 
assistance under this Act is available for discretionary research and 
demonstration grants. 
"(d) LIMITATION.—No funds appropriated for any grant or contract 
pursuant to authorizations made in this Act may be used for any 
purpose other than that for which such funds were authorized to be 
appropriated. 
Urbein areas. 
Rural areas. 
Research and 
development. 
Grants. 
102 STAT. 116 
PUBLIC LAW 100-294—APR. 25, 1988 
42 use 5106e. 
Regulations. 
42 u s e 5106f. 
42 use 5106g. 
"SEC. 
1
2
. COORDINATION OF 
CHILD 
ABUSE 
AND NEGLECT 
PROGRAMS. 
"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 Act and other such programs which 
are assisted by Federal funds. 
"SEC. 13. REPORTS. 
"(a) COORDINATION EFFORTS.—Not later than March 1 of the 
second year following the date of enactment of the Child Abuse 
Prevention, Adoption, and Family Services Act of 1988 and every 2 
years thereafter, the Secretary shall submit to the appropriate 
committees of Congress a report on efforts during the 2-year period 
preceding the date of the report to coordinate the objectives and 
activities of agencies and organizations which are responsible for 
programs and activities related to child abuse and neglect. 
"(b) EFFECTIVENESS OF STATE PROGRAMS AND TECHNICAL ASSIST-
ANCE,—Not later than two years after the first fiscal year for which 
funds are obligated under section 1404A of the Victims of Crime Act 
of 1984, the Secretary shall submit to the appropriate committees of 
Congress a report evaluating the effectiveness of— 
"(1) assisted programs in achieving the objectives of section 
10; and 
"(2) the technical assistance provided under section 9. 
"SEC. 14. DEFINITIONS. 
"For purposes of this Act— 
"(1) the term 'board' means the Advisory Board on Child 
Abuse and Neglect established under section 3; 
"(2) the term 'Center' means the National Center on Child 
Abuse and Neglect established under section 2; 
"(3) 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; 
"(4) the term 'child abuse and neglect' means the physical or 
mental injury, sexual abuse or exploitation, negligent treat-
ment, 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; 
"(5) the term 'person who is responsible for the child's wel-
fare' includes— 
"(A) any employee of a residential facility; and 
"(B) any staff person providing out-of-home care; 
"(6) the term 'Secretary' means the Secretary of Health and 
Human Services; 
"(7) 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 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 117 
"(B) the rape, molestation, prostitution, or other form of 
sexual exploitation of children, or incest with children; 
"(8) 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; 
"(9) the term 'task force' means the Inter-Agency Task Force 
on Child Abuse and Neglect established under section 4; and 
"(10) the term 'withholding of medically indicated treatment' 
means the failure to respond to the infant's life-threatening 
conditions by providing treatment (including appropriate nutri-
tion, hydration, and medication) which, in the treating physi-
cian'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 treat-
ment itself under such circumstances would be inhumane. 
"SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—There are authorized to be appropriated for 
purposes of carrying out this Act $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 5, 6, and 7, 
and (B), $9,000,000 shall be available in each fiscal year for activities 
under sections 8(a) and 9 of this Act, giving special consideration to 
continued funding of child abuse and neglect programs or projects 
(previously funded by the Department of Health and Human Serv-
ices) 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 7(a) of this Act, 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 8(f) of this Act. 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 remain-
der, one-half shall be available as provided for in clause (2) and one-
half as provided for in clause (3) in the preceding sentence. 
"(b) AVAILABILITY OF FUNDS WITHOUT FISCAL YEAR LIMITATION.— 
The Secretary shall ensure that funds appropriated pursuant to 
authorizations in this Act shall remain available until expended for 
the purposes for which they were appropriated.". 
42 u s e 5106h. 
Grants. 
Contracts. 
102 STAT. 118 
PUBLIC LAW 100-294—APR. 25, 1988 
42 use 5105 
SEC. 102. CHILD ABUSE AND DISABILITY. 
(a) STUDY.—The Director of the National Center on Child Abuse 
and Neglect shall conduct a study of— 
(1) the incidence of child abuse among children with handi-
caps, including children in out-of-home placements, and the 
relationship between child abuse and children's handicapping 
conditions; and 
(2) the incidence of children who have developed handi-
capping conditions as a result of child abuse or neglect. 
(b) REPORT.—Not later than 2 years after the date of enactment of 
this Act, the Director shall report to the appropriate committees of 
Congress with respect to the study conducted pursuant to subsection 
(a). The report shall include— 
(1) the information and data gathered; 
(2) an analysis of such information and data; and 
(3) recommendations on how to prevent abuse of disabled 
children. 
42 use 5105 
SEC. 103. CHILD ABUSE AND ALCOHOLIC FAMILIES. 
(a) STUDY.—The Director of the National Center on Child Abuse 
and Neglect shall conduct a study of the incidence of child abuse in 
alcoholic families and the relationship between child abuse and 
familial alcoholism. 
(b) REPORT.—Not later than 2 years after the date of enactment of 
this Act, the Director shall report to the appropriate committees of 
Congress with respect to the study conducted pursuant to subsection 
(a). The report shall include— 
(1) the information and data gathered; 
(2) an analysis of such information and data; and 
(3) recommendations on how to prevent child abuse in alco-
holic families. 
42 use 5105 
SEC. 104. STUDY OF GUARDIAN-AD-LITEM. 
(a) STUDY.—The Director of the National Center on Child Abuse 
and Neglect shall conduct a study of— 
(1) how individual legal representation of children in cases of 
child abuse or neglect has been provided in each State; and 
(2) the effectiveness of legal representation of children in 
cases of abuse or neglect through the use of guardian-ad-litem 
and court appointed special advocates. 
(b) REPORT,—Not later than 2 years after the date of enactment of 
this Act, the Director shall report to the appropriate committees of 
Congress with respect to the study conducted pursuant to subsection 
(a). The report shall include— 
(1) the information and data gathered; 
(2) an analysis of such information and data; and 
(3) recommendations on how to improve legal representation 
of children in cases of abuse or neglect. 
42 use 5105 
SEC. 105. HIGH RISK STUDY. 
(a) STUDY.—The Director of the National Center on Child Abuse 
and Neglect shall conduct a study— 
(1) to identify groups which have been historically under-
served or unserved by programs relating to child abuse and 
neglect; and 
(2) to report the incidence of child abuse and neglect among 
children who are members of such groups. 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 119 
(b) REPORT.—Not later than 2 years after the date of enactment of 
this Act, the Director shall report to the appropriate committees of 
Congress with respect to the study conducted pursuant to subsection 
(a). The report shall include— 
(1) the information and data gathered; 
(2) an analysis of such information and data; and 
(3) recommendations on how to better meet the needs of 
underserved or unserved groups. 
SEC. 106. PRESIDENTIAL COMMISSION ON CHILD AND YOUTH DEATHS. 
42 USC 5101 
(a) FINDINGS.—The Congress finds that— 
(1) even by conservative estimates, during 1985 and 1986, 
child abuse fatalities in this country increased by 23 percent; 
(2) the average age of children who die from abuse and neglect 
is two years old; 
(3) child abuse fatalities are not inherently predictable but 
many are preventable; 
(4) many accidental childhood injuries are likewise prevent-
able; 
(5) accidental childhood injuries remain the biggest killer and 
disabler of children between the ages of 1 and 14; 
(6) in the face of stagnating infant mortality indicators, the 
United States is now tied for last place among 20 industrialized 
nations with respect to infant mortality; 
(7) the teen suicide rate is starting to climb again, with deaths 
totaling over 5,000 in 1986; and 
(8) homicide is the second leading cause of death in youths 
aged fourteen to twenty-four years. 
Qy) ESTABLISHMENT OF COMMISSION.—There is established a Na-
tional Commission oh Child and Youth Deaths (hereafter in this 
section referred to as the "Commission"). The Commission shall be 
composed of fifteen members as follows: 
(1) Two members of the Senate, one to be selected by the 
Majority Leader of the Senate, the other to be selected by the 
Minority Leader of the Senate. 
(2) Two members of the House, one to be selected by the 
Speaker of the House of Representatives, the other to be se-
lected by the Minority Leader of the House. 
(3) Four representatives of State government shall be selected 
by the President: 
(A) The chief executive officer of a State. 
(B) A chief State official responsible for administering 
child health and mental health programs. 
(C) A chief State official responsible for administering 
children's social services programs. 
(D) A chief State official responsible for administering 
law enforcement programs. 
(4) The Secretary of Health and Human Services. 
(5) Six at large members, including representatives of commu-
nity-based organizations with demonstrated expertise in the 
prevention and identification of child and youth deaths due to 
child abuse and neglect, infant mortality (including sudden 
infant death syndrome), suicide, homicide, and unintentional 
injuries, to be jointly selected by the Majority Leader of the 
Senate and Speaker of the House of Representatives. 
(c) STUDY AND EVALUATION BY THE COMMISSION.—The Commission 
shall study and evaluate comprehensively Federal, State, and local 
102 STAT. 120 
PUBLIC LAW 100-294—APR. 25, 1988 
public and private resources which affect child and youth deaths 
and shall— 
(1) evaluate the adequacy and effectiveness of programs de-
signed to prevent or identify child and youth deaths which are 
intentionally caused or which occur due to negligence, neglect, 
or a failure to exercise proper care, including child health and 
mental health services, child protective services, child welfare 
services, education, juvenile justice services, and law enforce-
ment activities; 
(2) evaluate the effectiveness of current Federal, State, and 
local policies and systems aimed at appropriately identifying 
and collecting accurate, uniform data on child and youth deaths 
in a coordinated fashion; 
(3) evaluate the adequacy of current Federal, State, and local 
efforts to enable an appropriate distribution of properly trained 
child health, mental health, social services, protective services, 
education, juvenile justice, and law enforcement personnel to 
prevent and identify child and youth deaths; and 
(4) identify current resource limitations on and intergovern-
mental and Federal interagency barriers to the care needed to 
prevent high child and youth death rates. 
In order to conduct the study and evaluation required by this 
subsection, the Commission shall hold hearings in areas of the 
United States with high child and youth death rates. 
(d) RECOMMENDATIONS AND REPORT OF THE COMMISSION.—(1) 
The 
Commission shall make recommendations with respect to— 
(A) a national policy designed to reduce and prevent child and 
youth deaths, including recommendations for more accurate 
reporting systems and recommendations concerning appro-
priate roles for the Federal Government, States, and local 
governments and the private sector; 
(B) specific changes needed in Federal laws and Federal pro-
grams to achieve an effective Federal role in preventing child 
and youth deaths, including the programs specified in subpara-
graph (A); and 
(C) specific changes needed to improve national data collec-
tion with respect to child and youth deaths. 
In making its recommendations, the Commission shall review 
recommendations made in recent regional and national conferences 
and reports on child and youth deaths. 
(2) Within 12 months after the appointment of the Commission, 
the Commission shall prepare and transmit to the President and the 
appropriate committees of the Congress a report describing the 
activities of the Commission and containing information gathered 
and evaluations required by subsection (c) and recommendations 
required by paragraph (1) of this subsection. 
(e) ADMINISTRATION PROVISIONS.—(1) A vacancy in the Commission 
shall be filled in the same manner as the original appointment was 
made. A vacancy in the Commission shall not affect its powers. 
(2) Members shall be appointed for the life of the Commission. 
(3) The members of the Commission shall elect a Chairman from 
among the members of the Commission. 
(4) Eleven members of the Commission shall constitute a quorum, 
but a lesser number may hold hearings. 
(5) The Commission shall hold its first meeting on a date specified 
by the President which is not later than 90 days after October 1, 
1988. Thereafter, the Commission shall meet at the call of the 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 121 
Chairman or a majority of its members, but shall meet at least three 
times during the life of the Commission. 
(f) COMPENSATION OF MEMBERS.—(1) Each member of the Commis-
sion who is not an officer or employee of the United States shall be 
compensated at a rate equal to the daily equivalent of the annual 
rate of basic pay prescribed for grade GS-18 of the General Schedule 
under section 5332 of title 5, United States Code, for each day 
(including traveltime) during which such member is engaged in the 
actual performance of duties as a member of the Commission. Each 
member of the Commission who is an officer or employee of the 
United States shall receive no additional compensation. 
(2) While away from their homes or regular place of business in 
the performance of duties for the Commission, all members of the 
Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under sections 5702 and 5703 of title 5, United States Code. 
(g) EXECUTIVE DIRECTOR OF COMMISSION.—(1) The Commission 
shall appoint an Executive Director who shall be compensated at a 
rate not to exceed the rate of basic pay prescribed for level V of the 
Executive Schedule under section 5316 of title 5, United States Code. 
(2) With the approval of the Commission, the Executive Director 
may appoint and fix the compensation of such additional personnel 
as the Executive Director considers necessary to carry out the duties 
of the Commission. 
(3) The Executive Director and the additional personnel of the 
Commission referred to in paragraph (2) may be appointed without 
regard to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule pay 
rates. 
(4) Subject to such rules as may be prescribed by the Commission, 
the Executive Director may procure temporary or intermittent serv-
ices under section 3109(b) of title 5, United States Code, at rates for 
individuals not to exceed $200 per day. 
(5) Upon request of the Commission, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of the 
personnel of such agency to the Commission to assist the Commis-
sion in carrying out its duties under this section. 
(6) The Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative and sup-
port services as the Commission may request. 
(h) POWERS OF COMMISSION.—(1) For the purpose of carrying out 
this section, the Commission may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evi-
dence, as the Commission considers appropriate. The commission 
may administer oaths or affirmations to witnesses appearing before 
the Commission, 
(23 Any member or employee of the Commission may, if authorized 
by the Commission, take any action which the Commission is 
authorized to take by this subsection. 
(3) The Commission may secure directly from any Federal agency 
such information as may be necessary to enable the Commission to 
carry out this section. Upon request of the Chairman of the Commis-
sion, the head of such agency shall -furnish such information to the 
Coimnission. 
(i) AUTHORIZATION OF APPROPRIATIONS.—For fiscal years beginning 
after September 30, 1987, there are authorized to be appropriated 
suchr£ums as may be necessary to carry out this section. 
102 STAT. 122 
PUBLIC LAW 100-294-APR. 25, 1988 
(j) TERMINATION.—The Commission shall terminate 90 days after 
the date on which the Commission transmits the report required 
under subsection (d)(2) to the President and the appropriate commit-
tees of Congress. 
TITLE II—CHILD ABUSE PREVENTION 
AND 
TREATMENT 
AND 
ADOPTION 
REFORM ACT OF 1978 
SEC. 201. AUTHORIZATION FOR CHILD ABUSE PREVENTION AND TREAT-
MENT AND ADOPTION REFORM ACT OF 1978. 
Section 205 of the Child Abuse Prevention and Treatment and 
42 use 5115. 
Adoption Reform Act of 1978 is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 205. (a) 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 Act except for programs and 
activities authorized under sections 203(b)(8) and 203(c)(1). 
"(b) For any fiscal year in which appropriations under subsection 
(a) exceeds $5,000,000, 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 203(b)(8), 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 203(c)(1). 
"(c) The Secretary shall ensure that funds appropriated pursuant 
to authorizations in this Act shall remain available until expended 
for the purposes for which they were appropriated.". 
SEC. 202. AMENDMENTS TO CHILD ABUSE PREVENTION AND TREATMENT 
AND ADOPTION REFORM ACT OF 1978 RELATING TO ADOPTION 
ASSISTANCE AND SERVICES. 
(a) MINORITY CHILDREN PLACEMENTS.—Section 203(b) of title II of 
the Child Abuse Prevention and Treatment and Adoption Reform 
42 use 5113. 
Act of 1978 is amended by— 
(1) striking the "and" at the end of paragraph (6); 
(2) striking the period at the end of paragraph (7) and insert-
ing "; and"; and 
(3) adding the following new paragraph: 
Grants. 
"(8) provide (directly or by grant to or contract with States, 
Contracts. 
local government entities, public or private nonprofit licensed 
child welfare or adoption agencies or adoptive family groups 
and community-based organizations with experience in working 
with minority populations) for the provision of programs aimed 
at increasing the number of minority children (who are in foster 
care and have the goal of adoption) placed in adoptive families, 
with a special emphasis on recruitment of minority families— 
"(A) which may include such activities as— 
"(i) outreach, public education, or media campaigns 
to inform the public of the needs and numbers of such 
children; 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 123 
"(ii) recruitment of prospective adoptive families for 
such children; 
"(iii) expediting, where appropriate, the legal avail-
ability 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 o
f
— 
"(I) public agencies; 
"(II) private nonprofit child welfare and adoption 
agencies that are licensed by the State; and 
"(III) adoptive parents organizations and commu-
nity-based organizations with experience in work-
ing with minority populations; 
"(vii) use of volunteers and adoptive parent groups; 
and 
"(viii) any other activities determined by the Sec-
retary to further the purposes of this Act; 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 suffi-
cient placements of such children have occurred during the 
previous funding period.". 
(b) POST LEGAL ADOPTION SERVICES.—Section 203 is amended by 42 use 5113. 
adding the following new subsection: 
"(c)(1) The Secretary shall provide (directly or by grant to or Grants, 
contract with States, local government entities, public or private Contracts, 
nonprofit licensed child welfare or adoption agencies or adoptive 
family groups) for the provision of post legal adoption services for 
families who have adopted special needs children. 
"(2) Services provided under grants made under this subsection 
shall supplement, not supplant, services from any other funds avail-
able for the same general purposes, including— 
"(A) individual counseling; 
"(B) group counseling; 
"(C) family counseling; 
"(D) case management; 
"(E) training public agency adoption personnel, personnel of 
private, nonprofit child welfare and adoption agencies licensed 
by the State to provide adoption services, mental health services 
professionals, and other support personnel to provide services 
under this subsection; 
"(F) assistance to adoptive parent organizations; and 
"(G) assistance to support groups for adoptive parents, 
adopted children, and siblings of adopted children. 
(c) PLACEMENT OF FOSTER CARE CHILDREN.—Section 203, as amend-
ed by subsection (b), is amended by adding the following new 
subsection: 
"(d)(1) The Secretary shall make grants for improving State ef- Grants, 
forts 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 use4 to im-
prove the placement of special needs children who are legally free 
for adoption, and the successes and failures of the initiative. The Reports. 
102 STAT. 124 
PUBLIC LAW 100-294—APR. 25, 1988 
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 shall give 
priority to grantees who propose improvements designed to continue 
in the absence of Federal funds. 
Contracts. 
"(2) Each State entering into an agreement under this subsection 
shall submit an application to the Secretary for each fiscal year in a 
form and manner determined to be appropriate by the Secretary. 
Each application shall include verification of the placements 
described in paragraph (1). 
"(3)(A) Payments under this subsection shall begin during fiscal 
year 1989. Payments under this section during any fiscal year shall 
not exceed $1,000,000. No payment may be made under this subsec-
tion unless an amount in excess of $5,000,000 is appropriated for 
such fiscal year under section 205(a). 
"(B) Any payment made to a State under this subsection which is 
not used by such State for the purpose provided in paragraph (1) 
during the fiscal year payment is made shall revert to the Secretary 
on October 1st of the next fiscal year and shall be used to carry out 
the purposes of this Act.". 
TITLE III—FAMILY VIOLENCE 
PREVENTION AND SERVICES ACT 
SEC. 301. AUTHORIZATION FOR FAMILY VIOLENCE PREVENTION AND 
SERVICES ACT. 
(a) AUTHORIZATION.—Section 310(a) of the Family Violence 
42 use 10409. 
Prevention and Services Act is amended by— 
(1) striking "and" the first place it appears and inserting a 
comma; and 
(2) by striking out the period at the end and inserting in lieu 
thereof the following: ", $26,000,000 for fiscal year 1988, and 
such sums as may be necessary for each of the fiscal years 1989, 
1990, and 1991.". 
(b) LIMITATION ON FUNDS AVAILABLE.—Section 310 of such Act is 
amended by adding at the end thereof the following: 
"(c) The Secretary shall ensure that funds appropriated pursuant 
to authorizations in this Act shall remain available until expended 
for the purposes for which they were appropriated.". 
SEC. 302. REMOVAL OF THREE-YEAR LIMIT ON GRANTS FOR SHELTERS. 
Section 303(c) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10402(c)) is amended by striking out the second sentence. 
SEC. 303. AMENDMENTS TO FAMILY VIOLENCE PREVENTION AND SERV-
ICES ACT. 
(a) TECHNICAL AMENDMENT.—The Family Violence Prevention 
and Services Act is amended by striking out section 312 the first 
time such section appears in such Act (Public Law 98-457; 42 U.S.C. 
10411). 
PUBLIC LAW 100-294—APR. 25, 1988 
102 STAT. 125 
42 u s e 10410. 
(b) INFORMATION AND TRAINING GRANTS.—Section 311(b) of the 
Family Violence Prevention and Services Act is amended by insert-
ing at the end thereof the following: 
"(2)(A) The Secretary shall award grants or contracts to local law 
enforcement agencies, acting in coordination with domestic violence 
shelters, social service agencies and hospitals, for the purposes o
f
— Contracts. 
"(i) the development of materials, to be provided to each 
abused family member at the time such spouse is identified 
by law enforcement officers, hospital personnel, social serv-
ices personnel, education counseling personnel, and other 
appropriate personnel involved in the identification of 
family violence cases that include— 
"(I) an explanation in basic terms o
f
— 
"(aa) the rights of the abused family member 
under the laws of the jurisdiction involved; and 
"(bb) the services available to the abused family 
member, including intervention, treatment, and 
support services; and 
"(II) phone numbers and addresses for the services 
described in subparagraph (A)(ii); 
"(ii) the development of procedures whereby domestic 
violence shelter, hospital, social service, or law enforcement 
personnel provide to an abused family member a written 
report, relating to each incidence of physical abuse reported 
by the family member, that includes a description of phys-
ical injuries to the family member observed by such person-
nel; and 
"(iii) the development of systems whereby domestic 
violence shelter or local social service personnel, with the 
consent of the abused family member involved, may obtain 
from local law enforcement personnel information relating 
to abuse of such family member, including a report describ-
ing the initial contact of such family member and the law 
enforcement agency. 
"(B) The Secretary shall provide assurances that procedures will 
be developed under this paragraph to guarantee the confidentiality 
of the records maintained.". 
(c) FAMILY VIOLENCE PREVENTION PROJECT.—The Family Violence 
Prevention and Services Act is amended by adding at the end the 
following new section: 
Classified 
information. 
FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTATION PROJECT 
"SEC. 313. The Secretary shall, directly or by grant or contract— 
"(1) develop data on the individual characteristics relating to 
family violence; 
"(2) provide for the objective documentation of data on the 
victims of family violence and their dependents based on in-
juries that are brought to the attention of domestic violence 
shelter, hospital, social service, or law enforcement personnel, 
whether or not formal civil or criminal action is taken; and 
"(3) provide assurances that procedures will be developed to 
guarantee the confidentiality of records pertaining to any 
individual 
for 
whom 
data 
are 
compiled 
through 
this 
subsection.". 
42 use 10413. 
Grants. 
Contracts. 
Records. 
Clsissified 
information. 
102 STAT. 126 
PUBLIC LAW 100-294—APR. 25, 1988 
TITLE IV—ADMINISTRATIVE PROVISIONS 
42 u s e 5101 
SEC. 401. REGULATIONS. 
(a) For any rule or regulation needed to implement this Act, 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; 
(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. 
Approved April 25, 1988. 
LEGISLATIVE HISTORY—H.R. 1900 (S. 1663): 
HOUSE REPORTS: No. 100-135 (Comm. on Education and Labor) and No. 100-543 
(Comm. of C!onference). 
SENATE REPORTS: No. 100-210 accompanying S. 1663 (Comm. on Labor and Human 
Resources). 
CONGRESSIONAL RECORD: 
VoL 133 (1987): June 8, considered and passed House. 
Nov. 3, considered and passed Senate, amended, in lieu of 
S. 1663. 
Vol. 134 (1988): Mar. 30, Senate agreed to conference report. 
Apr. 12, House agreed to conference report.