Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
PL 102-295 (S.838), enacted 05/28/1992

PUBLIC LAW 102-295—MAY 28,1992 
106 STAT. 187 
Public Law 102-295 
102d Congress 
An Act 
To amend the Child Abuse Prevention and Treatment Act to revise and extend 
May 28,1992 
programs under such Act and for other piuposes. 
[S. 838] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled. 
Child Abuse, 
Domestic 
SECTION 1. SHORT TITLE; TABLE OP CONTENTS. 
Violence, 
(a) SHORT TITLE.—This Act may be cited as the "Child Abuse, pf^dhr^ie^ces 
Domestic Violence, Adoption and Family Services Act of 1992". Actofl992. 
(b) TABLE OF CONTENTS,—The table of contents for this Act is Grants. 
a s follows: 
Inter-
governmental 
relations. 
Sec. 1. Short title; table of contents. 
42 USC 5101 
TITLE I—CHILD ABUSE PREVENTION AND TREATMENT ACT 
Subtitle A—Greneral Provisions 
Sec. 101. Amendatory references. 
Sec. 102. Findings. 
Subtitle B—General Program 
Sec. 111. Advisorv board on child abuse and neglect. 
Sec. 112. Research and assistance activities of the National Centef on Child Abuse 
and Neglect. 
Sec. 113. Grants to public agencies and nonprofit private organizations for dem-
onstration or service programs ana projects. 
Sec. 114. Grant program for child abuse neglect prevention and treatment. 
Sec. 115. Emergency grant program. 
Sec. 116. Grant program for investigation and prosecution of child abuse cases. 
Sec. 117. Authorization of appropriations. 
Subtitle C—Community-Based Prevention Grants 
Sec. 121. Title heading and purpose. 
Sec. 122. Grants authorized; authorization of appropriations. 
Sec. 123. State eligibility. 
Sec. 124. Limitations. 
Subtitle D—Certain Preventive Services Regarding Children of Homeless Families 
or Families at Risk of Homelessness 
Sec. 131. Authorization of appropriations. 
Subtitie E—^Miscellaneous Provisions 
Sec. 141. Technical amendments. 
Sec. 142. Report concerning voluntary reporting system. 
TITLE II—TEMPORARY CHILD CARE FOR CHILDREN WITH DISABILITIES 
AND CRISIS NURSERIES ACT 
Sec. 201. Short title. 
Sec. 202. Administrative provisions. 
Sec. 203. Authorization of appropriations. 
TITLE III—REAUTHORIZATION OF PROGRAMS WITH RESPECT TO FAMILY 
VIOLENCE 
Sec. 301. Amendatory references. 
Sec. 302. Expansion of purpose. 
Sec. 303. Expansion of State grant program. 
note. 
106 STAT. 188 
PUBLIC LAW 102-295--MAY 28,1992 
Sec. 304. Involvement in planning. 
Sec. 305. Confidentiality assurances. 
Sec. 306. Procedure for evicting violent spouses. 
Sec. 307. Penalties for noncompliance. 
Sec. 308. Grants to Indian tribes. 
Sec. 309. Maximum ceiling. 
; f). 
Sec. 310. Grants to entities other than States; local share. 
Sec. 311. Shelter and related assistance. 
Sec. 312. Allotment of funds. 
Sec. 313. Secretarial responsibilities. 
Sec. 314. Evaluation and report to CSongress. 
Sec. 315. Funding for technical assistance centers. 
Sec. 316. Authorization of appropriations. 
Sec. 317. Contracts and grants for State domestic violence coalitions. 
Sec. 318. Regulations. 
Sec. 319. Family member abuse information and documentation. 
Sec. 320. Grants for public information campaigns. 
Sec. 321. Model State leadership incentive grants for domestic violence interven-
tion. 
Sec. 322. Educating youth about domestic violence. 
TITLE IV—REAUTHORIZATION OF PROGRAMS WITH RESPECT TO 
ADOPTION 
Sec. 401. Findings and purpose. 
Sec. 402. Model adoption legislation and procedures. 
Sec. 403. Information and service functions. 
Sec. 404. Authorization of appropriations. 
TITLE I—CHILD ABUSE PREVENTION 
AND TREATMENT ACT 
Subtitle A—General Provisions 
SEC. 101. AMENDATORY REFERENCES. 
Except as otherwise provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to that section or other provision of the Child 
Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.). 
SEC. 102. FINDINGS. 
(a) IN GENERAL.—^The Act is amended by inserting after section 
1 the following new section: 
42 use 5101 
"SEC. 2. FINDINGS. 
"°*®- 
"Congress finds that— 
"(1) each year, hundreds of thousands of American children 
are victims of abuse and neglect with such numbers having 
increased dramatically over the past decade; 
"(2) many of these children and their famiUes fail to receive 
adequate protection or treatment; 
"(3) the problem of child abuse and neglect requires a com-
prehensive approach that— 
"(A) integrates the work of social service, legal, health, 
mental health, education, and substance abuse agencies 
and organizations; 
"(B) strengthens coordination among all levels of govern-
ment, and with private agencies, civic, religious, and profes-
sional organizations, and individual volunteers; 
"(C) emphasizes tiie need for abuse and neglect preven-
tion, investigation, and treatment at the neighborhood 
level; 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 189 
"(D) ensures properly trained and support staff with 
specialized knowledge, to carry out their child protection 
duties; and 
"(E) is sensitive to ethnic and cultural diversity; 
"(4) the failure to coordinate and comprehensively prevent 
and treat child abuse suid neglect threatens the ^tures of 
tens of thousands of children and results in a cost to the 
Nation of billions of dollars in direct expenditures for health, 
social, £uid special educational services and ultimately in the 
loss of work productivity; 
"(5) all elements of American society have a shared respon-
sibility in responding to this national child and family emer-
gency; 
"(6) substantial reductions in the prevalence and incidence 
of child abuse and neglect and the alleviation of its con-
sequences are matters of the highest national priority; 
"(7) national policy should strengthen families to remedy 
the causes of child abuse and neglect, provide support for 
intensive services to prevent the unnecessary removal of chil-
dren from families, and promote the reunification of families 
if removal has taken place; 
"(8) the child protection system should be comprehensive, 
child-centered, family-focused, and community-based, should 
incorporate all appropriate measures to prevent the occurrence 
or recurrence of child abuse and neglect, and should promote 
physical and psychological recovery and social re-integration 
in an environment that fosters the health, self-respect, and 
dignity of the child; 
"(9) because of the limited resources available in low-income 
communities, Federal sdd for the child protection system should 
be distributed with due regard to the relative financial need 
of the communities; 
"(10) the Federal government should ensure that every com-
munity in the United States has the fiscal, human, and tech-
nical resources necessaiy to develop and implement a successful 
and comprehensive child protection strategy; 
"(11) the Federal government should provide leadership and 
assist communities in their child protection efforts by— 
"(A) promoting coordinated planning among all levels 
of government; 
"(B) generating and sharing knowledge relevant to child 
protection, including the development of models for service 
delivery; 
"(C) strengthening the capacity of States to assist commu-
nities; 
"(D) allocating sufficient financial resources to assist 
States in implementing community plans; 
"(E) helping communities to carry out their child protec-
tion plans by promoting the competence of professional, 
paraprofessional, and volunteer resources; and 
"(F) providing leadership to end the abuse and neglect 
of the nation's children and youth.**, 
(b) CONFORMING AMENDMENT.—The table of contents of the Act 
is amended by inserting after the item relating to section 1 the 
following new item: 
"Sec. 2. Findings.". 
106 STAT. 190 
PUBLIC LAW 102-295—MAY 28, 1992 
Subtitle B—General Program 
SEC. 111. ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. 
(a) DUTIES.—Section 102(f) (42 U.S.C. 5102(f)) is amended— 
(1) in DEiragraph (2), by striking "and" after the semicolon 
at the end of subparagraph (E); 
(2) in paragraph (3), by striking the period and inserting 
"; and"; and 
(3) by adding at the end the following new paragraph: 
Reports. 
"(4) not later than 24 months after the date of the enactment 
of the Child Abuse Programs, Adoption Opportunities, and Fam-
ily Violence Prevention Amendments Act of 1992, submit to 
the Secretary and the appropriate committees of the Congress 
a report containing the recommendations of the Board with 
respect to— 
"(A) a national policy designed to reduce and ultimately 
to prevent child and youth maltreatment-related deaths, 
detailing appropriate roles and responsibilities for State 
and local governments and the private sector; 
"(B) specific changes needed in Federal laws and pro-
grams 
to achieve an effective 
Federal role in 
the 
implementation of the policy specified in subparagraph (A); 
and 
"(C) specific changes needed to improve national data 
collection with respect to child and youth maltreatment-
related deaths.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 102 (42 U.S.C. 
5102) is amended by adding at the end thereof the following new 
subsection: 
"(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section, $1,000,000 for fiscal 
year 1992, and such sums as may be necessary for each of the 
fiscal years 1993 through 1995.". 
SEC. 112. RESEARCH AND ASSISTANCE ACTIVITIES OF THE NATIONAL 
CENTER ON CHILD ABUSE AND NEGLECT. 
(a) RESEARCH TOPICS.—Section 105(aXl) (42 U.S.C. 5105(aXl)) 
is amended— 
(1) in subpEiragraph (A), by striking "and treatment of and 
inserting ", treatment and cultural distinctions of; 
(2) in subparagraph (B), by striking "appropriate and effec-
tive" and inserting "appropriate, effective and culturally sen-
sitive"; and 
(3) in subparagraph (CXii), by inserting "cultural diversity," 
after "child support,". 
(b) PUBLICATION AND DISSEMINATION OF INFORMATION.—Section 
105(bXl) (42 U.S.C. 5105(bXl)) is amended to read as follows: 
"(1) as a part of research activities, establish a national 
data collection and analysis program— 
''(A) which, to the extent practicable, coordinates existing 
State child abuse and neglect reports and which shall 
include— 
"(i) standardized data on false, unfounded, 
or 
unsubstantiated reports; and 
"(ii) information on the number of deaths due to 
child abuse and neglect; and 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 191 
"(B) which shall collect, compile, analyze, and make avail-
able State child abuse and neglect reporting information 
which, to the extent practical, is universsd and case specific, 
and integrated with other case-based foster care and adop-
tion data collected by the Secretary;". 
(c) PEER REVIEW FOR GRANTS.—Section 105(e) (42 U.S.C. 5105(e)) 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by inserting "and reviewing" 
after "evaluating^; and 
(B) by amending subparagraph (B) to read as follows: 
"(B) In establishing the process required by subparagraph 
(A), the Secretary shall appoint to the peer review panels 
only members wno are experts in the field of child abuse 
and neglect or related disciplines, with appropriate expertise 
in the application to be reviewed, and who are not individuals 
who are officers or employees of the Ofiice of Human Develop-
ment. The panels shall meet as ofi:en as is necessary to facilitate 
the expeditious review of applications for grants and contracts 
under this section, but may not meet less than once a year."; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by inserting "and evaluate" 
after "determine"; and 
(B)(i) by striking "and" after the semicolon at the end 
of subparagraph (A); 
(ii) by striking the period at the end of subparagraph 
(B) and inserting "; and"; and 
(iii) by adding at the end the following new subpara-
graph: 
"(C) make recommendations to the Secretary concerning 
whether the application for the project shall be approved."; 
and 
(3) in paragraph (3), by amending subparagraph (A) to read 
as follows: "(A) The Secretary shall provide grants and contracts Contracts, 
under this section from among the projects which the peer 
review panels established under paragraph (IXA) have deter-
mined to have merit.". 
SEC. 113. GRANTS TO PUBUC AGENCIES AND NONPROFIT PRIVATE 
ORGANIZATIONS FOR DEMONSTRATION OR SERVICE 
PROGRAMS AND PROJECTS. 
(a) GENERAL AUTHORITY.—Section 106(a) (42 U.S.C. 5106(a)) is 
amended— 
(1) by striking "(a)" and all that follows through "Secretar/' 
and inserting the following: 
"(a) GENERAL AUTHORITY.— 
"(1) DEMONSTRATION OR SERVICE PROGRAMS AND PROJECTS.— 
The Secretary"; and 
(2) by adding at the end the following paragraph: 
"(2) EVALUATIONS.—In making grants or entering into con- Contracts, 
tracts for demonstration projects, the Secretary shall require 
all such projects to be evaluated for their effectiveness. Funding 
for such evaluations shall be provided either as a stated per-
centage of a demonstration grant or contract, or as a separate 
grant or contract entered into by the Secretary for the purpose 
of evaluating a particular demonstration project or group of 
projects.". 
106 STAT. 192 
PUBLIC LAW 102-295—MAY 28, 1992 
(b) 
DISCRETIONARY 
GRANTS.—Section 
106(cXl) 
(42 
U.S.C. 
5106(c)(1)) is amended— 
(1) in subparagraph (B), by inserting "culturally specific" 
before "instruction"; and 
(2)(A) in subparagraph (A), by striking "or" after the semi-
colon at the end; 
(B) in subparagraph (B), by striking the period and inserting 
";or";and 
(C) by adding at the end the following subparagraph: 
"(C) to improve the recruitment, selection, and training 
of volunteers serving in private and public nonprofit chil-
dren, youth and family service organizations in order to 
prevent child abuse and neglect through collaborative 
Einalysis of current recruitment, selection, and training pro-
grams and development of model programs for dissemina-
tion and replication nationally.". 
SEC. 
1
1
4
. 
GRANT 
PROGRAM FOR 
CHILD 
ABUSE 
NEGLECT 
PREVENTION 
AND 
TREATMENT. 
(a) DEVELOPMENT AND OPERATION GRANTS.—Section 107(a) (42 
U.S.C. 5106a(a)) is amended to read as follows: 
"(a) DEVELOPMENT AND OPERATION GRANTS.—The Secretary, act-
ing through the Center, shall make grants to the States, based 
on the population of children under me 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 service system of each 
such State in— 
"(1) the intake and screening of reports of abuse and neglect 
through the improvement of the receipt of information, decision-
making, public awareness, and training of staff; 
"(2)(A) investigating such reports through improving response 
time, decisionmaking, referral to services, and training of staff; 
"(B) creating and improving the use of multidisciplinary 
teams and interagency protocols to enhance investigations; and 
"(C) improving legal prep£U'ation and representation; 
"(3) case management £ind delivery services provided to fami-
lies through the improvement of response time in service provi-
sion, improving the training of staff, and increasing the nimi-
bers of families to be served; 
"(4) enhancing the general child protective system by improv-
ing assessment tools, automation systems that support the 
program, information referral systems, and the overall training 
of staff to meet minimum competencies; or 
"(5) developing, strengthening, £uid carrying out child abuse 
and neglect prevention, treatment, and research programs. 
Not more than 15 percent of a grant under this subsection may 
be expended for carrying out paragraph (5). The preceding sentence 
does not apply to any program or activity authorized in any of 
paragraphs (1) through (4).". 
(b) ESTABLISHMENT OF CERTAIN REQUIREMENT.—Section 107 
(42 
U.S.C. 5106a) is amended— 
(1) by redesignating subsections (c) through (f) as sub-
sections (d) through (g), respectively; and 
(2) by inserting after subsection (b) the following new 
subsection: 
"(c) STATE PROGRAM PLAN.—TO be eligible to receive a grant 
under this section, a State shall submit every four years a plan 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 193 
to the Secretary that specifies the child protective service system 
area or areas described in subsection (a) that the State intends 
to address with funds received under the grant. The plan shall 
describe the current system capacity of the State in the relevant 
area or areas fi*om which to assess programs with grant funds 
and specify the manner in which funds from the State's programs 
will be used to make improvements. The plan required under this 
subsection shall contain, with respect to each area in which the 
State intends to use 
fiinds 
fi:Y>m 
the gr£uit, the following information 
with respect to the State: 
"(1) INTAKE AND SCREENING.— 
"(A) STAFFING.—^The number of child protective service 
workers responsible for the intake and screening of reports 
of abuse and neglect relative to the number of reports 
filed in the previous year. 
"(B) TRAINING.—^Tlie t3T6s and frequen<?y of pre-service 
and in-service training programs available to support direct 
line and supervisory personnel in report-taking, screening, 
decision-making, and referral for investigation. 
"(C) PUBLIC EDUCATION.—An assessment of the State 
or local agency's public education program with respect 
to— 
"(i) what is child abuse and neglect; 
"(ii) who is obUgated to report and who may choose 
to report; and 
"(iii) how to report. 
"(2) INVESTIGATION OF REPORTS.— 
"(A) RESPONSE TIME.—The number of reports of child 
abuse and neglect filed in the State in the previous year 
where appropriate, the agen^r response time to each with 
respect to initial investigation, the number of substantiated 
and imsubstantiated reports, and where appropriate, the 
response time with respect to the provision of services. 
"(B) STAFFING.—^The number of child protective service 
workers responsible for the investigation of child abuse 
and neglect reports relative to the munber of reports inves-
tigated in the previous year. 
"(C) INTERAGENCY COORDINATION.—A description of the 
extent to which interagency coordination processes exist 
and are available Statewide, and whether protocols or for-
mal policies governing interagency relationships exist in 
the following areas— 
"(i) multidisciplinary investigation teams among 
child welfsire and law enforcement agencies; 
"(ii) interagency coordination for the prevention, 
intervention and treatment of child abuse and neglect 
among agencies responsible for child protective serv-
ices, criminal justice, schools, health, mental health, 
and substance abuse; and 
"(iii) special interagency child fatality review panels, 
including a Hsting of those agencies that are involved. 
"(D) TRAINING.—^The types and firequency of pre-service 
and in-service training programs available to support direct 
line and supervisory personnel in such areas as investiga-
tion, risk assessment, court preparation, and referral to 
and provision of services. 
69-194 O—93 
8:QLS(Ptl) 
106 STAT. 194 
PUBLIC LAW 102-295—MAY 28, 1992 
"(E) LEGAL REPRESENTATION.—A description of the State 
agency's current capacity for legal representation, including 
the manner in wmch workers are prepared and trained 
for court preparation and attendance, including procedures 
for appealing substantiated reports of abuse and neglect. 
"(3) CASE MANAGEMENT AND DELIVERY OF ONGOING FAMILY 
SERVICES.—For children for whom a report of abuse and neglect 
has been substantiated and the children remain in their own 
homes and are not currently at risk of removal, the State 
shall assess the activities and the outcomes of the following 
services: 
"(A) RESPONSE TIME.—^The number of cases opened for 
services as a result of investigation of child abuse and 
neglect reports filed in the previous year, including the 
response time with respect to the provision of services 
from the time of initial report and initial investigation. 
"(B) STAFFING.—^The number of child protective service 
workers responsible for providing services to children and 
their families in their own homes as a result of investiga-
tion of reports of child abuse and neglect. 
"(C) TRAINING.—^The types and frequency of pre-service 
and in-service training programs avedlable to support direct 
line and supervisory personnel in such areas as risk assess-
ment, court preparation, provision of services and deter-
f ' 
mination of case disposition, including how such training 
is evaluated for effectiveness. 
"(D) INTERAGENCY COORDINATION.—^The extent to which 
treatment services for the child and other family members 
are coordinated with child welfare, social service, mental 
health, education, and other agencies. 
"(4) GENERAL SYSTEM ENHANCEMENT.— 
"(A) AUTOMATION.—^A description of the capacity of cur-
rent automated systems for tracking reports of child abuse 
and neglect from intake through fined disposition and how 
personnel are trained in the use of such system. 
"(B) ASSESSMENT TOOLS.—A description of whether, how, 
and what risk assessment tools are used for screening 
reports of abuse £ind neglect, determining whether child 
abuse and neglect has occurred, and assessing the appro-
priate level of State agency protection and intervention, 
including the extent to which such tool is used statewide 
and how workers are trained in its use. 
"(C) INFORMATION AND REFERRAL.—^A description and 
-,^ 
assessment of the extent to which a State has in place— 
"(i) information and referral systems, including their 
availability and ability to link families to various child 
welfare services such as homemakers, intensive family-
based services, emergency caretakers, home health 
visitors, daycare and services outside the child welfare 
system such as housing, nutrition, health care, special 
education, income support, and emergency resource 
assistance; and 
"(ii) efforts undertaken to disseminate to the public 
information concerning the problem of child abuse and 
neglect and the prevention and treatment programs 
and services available to combat instances of such 
abuse and neglect. 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 195 
"(D) STAFF CAPACITY AND COMPETENCE.—An assessment 
of basic and specialized training needs of all staff and 
current training provided staff. Assessment of the com-
petencies of s t ^ with respect to minimum knowledge in 
areas such as child development, cultural and ethnic diver-
sity, fimctions and relationship of other systems to child 
protective services and in specie skills such as interview-
ing, assessment, and decisionmcddng relative to the child 
£ind family, and the need for training consistent with such 
minimum competencies. 
"(5) INNOVATIVE APPROACHES.—A description o
f
—
-
''(A) research and demonstration efforts for developing, 
strengthening, and carrying out child abuse and neglect 
prevention, treatment, and research programs, including 
the interagency efforts at the State level; and 
"(B) the manner in which proposed research and develop-
ment activities build on existing capacity in the programs 
being addressed.". 
(c) TECHNICAL CORRECTION.—Section 107(d), as redesignated by 
subsection (b) of this section, is amended in the matter preceding 
subparagraph (A) by striking "this subsection" and inserting "sub-
section (a)". 
(d) 
DELAYED EFFECTIVE DATE FOR N E W REQUIREMENTS.—The 42usc5io6a 
amendments described in subsections (a) and (b) are made upon "°*«-
the date of the enactment of this Act. Such amendments take 
effect on October 1, 1993, or on October 1 of the first fiscal year 
for which $40,000,000 or more is made available under subsection 
(a)(2)(B)(ii) of section 114 of the Child Abuse Prevention and Treat-
ment Act (as amended by section 117 of this Act), whichever occurs 
first. Prior to such amendments taking effect, section 107(a) of 
the Child Abuse Prevention and Treatment Act, as in effect on 
the day before the date of the enactment of this Act, continues 
to be in effect. 
SEC. 
1
1
5
. 
EMERGENCY 
GRANT 
PROGRAM. 
(a) IN GENERAL.—Section 107A(e) (42 U.S.C. 5106a-l(e)) is 
amended by striking out "and such sums" and all that follows 
through the end thereof and inserting "such sums as may be nec-
essary for fiscal year 1991, $40,000,000 for fiscal year 1992, and 
such sums as may be necessary for each of the fiscal years 1993 
through 1995.". 
(b) TECHNICAL AMENDMENT.—Section 1 is amended in the table 
of contents by inserting after the item relating to section 107 
the following: 
"Sec. 107A. Emergency child abuse prevention services grant.". 
SEC. 116. GRANT PROGRAM FOR INVESTIGATION AND PROSECUTION 
OF CHILD ABUSE CASES. 
(a) IN GENERAL.—Section 109 (42 U.S.C. 5106c) is amended— 
(1) by striking out the section heading and inserting in Ueu 
thereof the following: 
"SEC 109. GRANTS TO STATES FOR PROGRAMS RELATING TO THE 
INVESTIGATION AND PROSECUTION OF CHILD ABUSE 
AND NEGLECT CASES."; 
(2) in subsection (a), by striking out paragraphs (1) and 
(2), and inserting in lieu thereof the following new paragraphs: 
106 STAT. 196 
PUBLIC LAW 102-295—MAY 28, 1992 
"(1) the handling of child abuse and ne^jlect cases, particularly 
cases of child sexiuJ abuse and exploitation, in a manner which 
limits additional trauma to the child victim* 
"(2) the handling of cases of suspected child abuse or neglect 
related fatahties; and 
"(3) the investigation and prosecution of cases of child abuse 
and neglect, particularly child sexual abuse and exploitation."; 
(3) in subsection (b)— 
(A) Iqr striking out "and 107(e) or receive a waiver under 
section lOTCc)" in paragraph (1); 
(B) l^ striking out "and** at the end of paragraph (3); 
(C) by inserting "annually" after "submit in paragraph 
(4); and 
(D) by striking out the period at the end thereof and 
inserting the following:"; and 
Reports. 
«(5) submit annually to the Secretary a report on the manner 
in which assistance received under this program was expended 
throughout the State, with particular attention focused on the 
areas described in paragraphs (1) through (3) of subsection 
(a).*; 
(4) in subsection (cXl)— 
(A) in the matter preceding subpara|n^ph (A)— 
(i) by inserting ", and maintam" after "designate"; 
and 
(ii) by striking out "child abuse" and inserting in 
lieu thereof "child phvsical abuse, child neglect, child 
sexual abuse and exploitation, ana child maltreatment 
related fatalities"; 
(B) by striking out 'judicial and legal officers" in sub-
paragraph (B) and inserting in lieu thereof 'fudges and 
attorneys involved in both civil and criminal court proceed-
ings related to child abuse and neglect"; 
(C) by inserting before the semicolon in subparagraph 
(C), the following: ", including both attorneys for children 
and, where such programs are in operation, court appointed 
special advocates ; and 
(D) by striking out "handicaps;" in subparagraph (F), 
and inserting in heu thereof "disabilities". 
(5) in subsection (d)— 
(A) by striking out "the State task force shall" in the 
matter preceding paragraph (1), and inserting in lieu 
thereof and at three year intervals thereafter, the State 
task force shall comprehensively"; 
(B) by striking out '^udiciaJ" and all that follows in 
paragraph (1), and inserting in lieu thereof the following: 
nboth civil and criminal judicial handling of cases of child 
abuse and neglect, particularly child sexual abuse and 
exploitation, as well as cases involving suspected child 
maltreatment related fatalities and cases involving a poten-
tial combination of jurisdictions, such as interstate, Fed-
eral-State, and State-Tribal;"; 
(C) bv inserting "polipv and training" before "rec-
ommenclations" in paragraph (2); and 
(6) in subsection (eXl)— 
(A) by striking out "child abuse" and all that follows 
through "child victim" in subpanug^aph (^, and inserting 
in Ueu thereof the following: "child abuse and neglect. 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 197 
particularly child sexual abuse and exploitation, as well 
as cases involving suspected child maltreatment related 
fatalities and cases involving a potential combination of 
juris<Uctions, such as interstate, Federal-State, and State-
Tribal, in a manner which reduces the additional trauma 
to the child victim and the victim's family"; 
(B) by striking out ''improve the rate" and all that follows 
throui^ "abuse cases" in subparagraph (B), and inserting 
in Ueu thereof the following: "improve the prompt and 
successful resolution of civil and criminal court proceedings 
or enhance the effectiveness of judicial and administrative 
action in child abuse and neglect cases, particularly child 
sexual abuse and exploitation cases, including the enhance-
ment of performance of court-appointed attorneys and 
guardians ad litem for children"; and 
(C) in subparagraph (C)— 
(i) by inserting ", protocols" after "regulations"; and 
(ii) by inserting "and exploitation" after "sexual 
abuse". 
(b) CONFORMING AMENDMENT.—Section 1 is amended in the item 
relating to section 109 in the table of contents by striking "Grants" 
and all that follows and inserting the following: "Grants to States 
for programs relating to the investigation and prosecution of child 
abuse and n^lect cases.". 
SEC. 117. AUTHOBIZAHON OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 114(a) (42 U.S.C. 5106h(a)) is amended 
to read as follows: 
"(a) IN GENERAL.— 
"(1) AUTHORIZATION.—^There are authorized to be appro-
priated to carry out this title, except for section 107A, 
$100,000,000 for fiscal year 1992, and such sums as may be 
necessaiy for each of the fiscal years 1993 through 1995. 
"(2) ALLOCATIONS.— 
"(A) Of the amounts appropriated under paragraph (1) 
for a fiscal year, $5,000,000 shall be available for the 
purpose of making additional grants to the States to carry 
out the provisions of section 107(g). 
"(B) Of the amounts appropriated under paragraph (1) 
for a fiscal year and available after compliance with sub-
paragraph (A)— 
"(i) 33V3 percent shall be available for activities 
under sections 104,105 and 106; and 
"(ii) 66% percent of such amounts shall be made 
available in each such fiscal year for activities under 
sections 107 and 108.". 
(b) DELAYED EFFECTIVE DATE.—Paragraph (2) of section 114(a), 42 use 5i06h 
as amended by subsection (a), shall become effective on October ^°*^-
1 of the first fiscal year for which $30,000,000 or more would 
be available under subsection (a)(2)(BXii) of such section 114 (ff 
such subsection were in effect), and until such fiscal year, the 
second and third sentences of section 114(a) (as in effect prior 
to the amendment made by such subsection (a)) shall continue* 
in effect. 
106 STAT. 198 
PUBLIC LAW 102-295—MAY 28, 1992 
Subtitle C—Community-Based Prevention 
Grants 
SEC. 121. TITLE HEADING AND PURPOSE. 
(a) Trru: HEADING.—The heading for title II (42 U.S.C. 5116 
et seq.) is amended to read as follows: 
"TITLE II—COMMUNITY-BASED CHILD 
ABUSE AND NEGLECT PREVENTION 
GRANTS^ 
(b) PURPOSE.—Section 201 (42 U.S.C. 5116) is amended— 
(1) in the section heading to read as follows: 
"SEC. aoi. PURPOSES." 
;and 
(2) by striking out subsections (a) and (b) and inserting 
in lieu thereof the following: 
"It is the purpose of this title, through the provision of community-
based child abuse and neglect prevention grants, to assist States 
in supporting child abuse and n^lect prevention activities.". 
SEC. 122. CaiANTS AUTHORIZED; AUTHORIZATION OF APPROPRIA-
noss. 
Section 203 (42 U.S.C. 5116b) is amended— 
(1) by striking out subsection (b); 
(2) by redesign^ating subsection (c) as subsection (b); and 
(3) in subsection (b) (as so redesignated), by striking out 
"such sums" and all Uiat follows through the period and insert-
ing in lieu thereof "$45,000,000 for fiscal year 1992, and such 
sums as may be necessary for each of the fiscal years 1993 
through 1995.". 
SEC. 123. STATE ELIGIBILITlf. 
Section 204 (42 U.S.C. 5116c) is amended— 
(1) by striking out "or other funding mechanism"; and 
(2) py striking out "which is available only for child" and 
all that follows through the end thereof, and inserting "which 
includes (in whole or in part) legislative provisions makine 
funding available only for the broad range of child abuse and 
neglect prevention activities.". 
SEC. 124. UMITATIONa 
Section 205 (42 U.S.C. 5116d) is amended— 
(1) by striking out paragraph (1) of subsection (a) and insert-
ing in ueu thereof the following new paragraph: 
*(1) ALLOTMENT FORMULA.-
"(A) IN GENERAL.—^Amounts appropriated to provide 
grants under this title shall be allotted among eligible 
States in each fiscal year so that— 
"(i) 50 percent of the total amount appropriated is 
allotted among each State based on tne number of 
children under the aee of 18 in each such State, except 
that each State shall receive not less than $30,0()0; 
and 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 199 
'Xii) the remaining 50 percent of the total amount 
appropriated is allotted in an amount equal to 25 per-
«:-•; 
cent of the total amount collected by each such State, 
in the fiscal year prior to the fiscal year for which 
the allotment is being determined, for the children's 
trust fund of the State for child abuse and neglect 
prevention activities. 
"(B) USE OF AMOXJNTS.—Not less than 50 percent of the 
amount of a grant made to a State under this title in 
each fiscal year shall be utilized to support community-
based prevention programs as authorized in section 204(a), 
except that this subparagraph shall not become applicable 
until amounts appropriatea under section 203(b) exceed 
$10,000,000."; and 
(2) in subsection (b)(1)— 
(A) by redesignating subparagraphs (B) and (C) as sub-
paragraphs (F) and (Gr), respectively; and 
(B) by inserting after subp£uragraph (A), the following 
new subparagraphs: 
''(B) demonstrate coordination with other child abuse 
and neglect prevention activities and agencies at the State 
and loccd levels; 
"(C) demonstrate the outcome of services and activities 
funded under this title; 
"(D) provide evidence that Federal assistance received 
under tnis title has been supplemented with non-Federal 
public and private assistance (including in-kind con-
tributions) at the local level (Federal assistance expended 
in support of activities authorized under paragraphs (1), 
(2), and (3) of section 204 shall be supplemented by State 
assistance); 
"(E) demonstrate the extent to which funds received 
under this title are used to support community prevention 
activities in underserved areas, in which case the supple-
mental support required under subpara|n*aph (D) shall be 
waived for the first 3 years in which assistance is provided 
to a grantee described in this subparagraph;". 
Subtitle D—Certain Preventive Services 
Regarding Children of Homeless Fami-
lies or Families at Risk of Homelessness 
SEC. 131. AUraOBIZATION OF APPROPBIATION& 
Section 306(a) (42 U.S.C. 5118e(a)) is amended by inserting ", 
and such sums as may be necessary for each of the fiscal years 
1993 through 1995" before the period. 
Subtitle E—^Miscellaneous Provisions 
SEC. 141. TECHNICAL AMENDMENTS. 
The Act (42 U.S.C. 5101 et seq.) is amended— 
(1) l^ striking ''handicapped child" each place such term 
appears and inserting "child with disabilities"; 
106 STAT. 200 
PUBLIC LAW 102-295—MAY 28, 1992 
(2) by striking "child with handicaps" each place such term 
appears and inserting "child with disabilities"; 
(3) by striking "handicap" each place such term appears 
and inserting "disability; 
(4) by striking "handicapped" each place such term appears 
and inserting "disabled"; ana 
(5) in the case of any variation of a term struck by para^aph 
(1), (2), (3), or (4) that results from the capitalization of any 
of the letters of such term, from the use of the plural or 
the singular, from the use of the possessive, from the use 
of a diflnirent tense, from the use of a different form of typeface, 
or from any combination thereof, by striking such variation 
each place the variation appears and inserting the analogous 
variation of the term inserted in lieu of the term struck by 
paragraph (1), (2), (3), or (4), respectively. 
42 use 5106f-l. 
SEC. 142. BEPORT CONCERNING VOLUNTARY REPORTING SYSTEM. 
Not later than April 30, 1993, and annually thereafter, the Sec-
retary of Health and Human Services, acting through the Director 
of the National Center on Child Abuse and Neglect, shall prepare 
and submit to the appropriate committees of Congress a report 
concerning the measures being taken to assist States in implement-
ing a voluntary reporting system for child abuse and neglect. Such 
reports shall contain information concerning the extent to which 
the child abuse and ne|;lect reporting systems developed by the 
States are coordinated with the automated foster care and adoption 
reporting system required under section 479 of the Social Security 
Act. 
Temporary 
ChUd 
Care for 
Children 
With Disabilities 
and Crisis 
Nurseries Act 
Amendments of 
1992. 
42 u s e 5117 
note. 
TITLE 
II—TEMPORARY CHILD 
CARE 
FOR CHILDREN WITH DISABILITIES 
AND CRISIS NURSERIES ACT 
SEC. aoi. SHORT TITLE. 
This title may be cited as the "Temporary Child Care for Children 
With Disabilities and Crisis Nurseries Act Amendments of 1992". 
SEC. a02. ADMINISTRATIVE PROVISIONa 
(a) DEFINITIONS.—Section 205(d)(2) of the Temporary Child Care 
for Children With Disabilities and Crisis Nurseries Act of 1986 
(42 U.S.C. 5117c(dX2)) is amended by striking "given" and all 
that follows and inserting the following: ''given such term in section 
602(a)(1) of the Individuals with Disabilities Education Act;". 
(b) TECHNICAL AMENDMENT.—Section 205(a)(l)(A)(vi) of the Tem-
porary Child Care for Children With Disabilities and Crisis Nurs-
eries Act of 1986 (42 U.S.C. 5117c(a)(l)(A)(vi)) is amended by strik-
ing out **(vi)" and inserting in lieu thereof'*(v)". 
SEC. aOS. AUTHORIZATION OF APPROPRIATIONS. 
Section 206 of the Temporary Child Care for Children With 
Disabilities and Crisis Nurseries Act of 1986 (42 U.S.C. 5117d) 
is amended in the first sentence— 
(1) bv striking **and" after "1989,"; and 
(2) by inserting before the period the following: ", and 
$20,000,000 for each of the fiscal years 1992 through 1995". 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 201 
TITLE III—REAUTHOraZATION OF PRO-
GRAMS WITH RESPECT TO FAMILY VI-
OLENCE 
SEC. 301. AMENDATORY REFERENCES. 
Except as otherwise provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall he consid-
ered to be made to that section or other provision of the Family 
Violence Prevention and Services Act (42 U.S.C. 10401 et seq.). 
SEC. 302. EXPANSION OF PURPOSE. 
Section 302 (42 U.S.C. 10401) is amended— 
(1) in paragraph (1)— 
(A) by strikhig out "demonstration the effectiveness of 
assisting" and inserting in Ueu thereof "assist"; and 
(B) by striking out "to prevent" and inserting in lieu 
thereof "to increase pubUc awareness about and prevent"; 
and 
(2) in paragraph (2), by inserting ", courts, legal, social serv-
ice, and nealm care professionals" after "(including law enforce-
ment agencies". 
SEC. 303. EXPANSION OF STATE GRANT PROGRAM. 
Section 303(a) (42 U.S.C. 10402(a)) is amended— 
(1) in paragraph (1), by striking out "demonstration grants" 
and inserting in lieu thereof "grants"; and 
(2) in paragraph (2)— 
(A) by striking out "demonstration grant" in the matter 
preceding subparagraph (A), and inserting in Ueu thereof 
"grant"; 
(B) by striking out "demonstration grant" in subpara-
graph (A), and inserting in lieu thereof "grant"; and 
(C) by striking out "particularly those projects" in sub-
paragraph (B)(ii) and all that follows through the end 
thereof, and inserting in lieu thereof the following: "the 
primary purpose of which is to operate shelters for victims 
of family violence and their dependents, and those which 
provide counseling, advocacy, and self-help services to vic-
tims and their children.". 
SEC. 304. INVOLVEMENT IN PLANNING. 
Section 303(a)(2)(C) (42 U.S.C. 10402(aX2XC)) is amended by 
inserting "State domestic violence coalitions" after "involve". 
SEC. 305. CONFIDENTIALITY ASSURANCES. 
Section 303(a)(2)(E) (42 U.S.C. 10402(aX2XE)) is amended by 
striking out "assurances that procedures will be developed" and 
inserting in lieu thereof "documentation that procedures have been 
developed, and implemented including copies of the policies and 
procedure,". 
SEC. 306. PROCEDURE FOR EVICTING VIOLENT SPOUSES. 
Section 303(aX2XF) (42 U.S.C. 10402(aX2XF)) is amended to read 
as follows: 
106 STAT. 202 
PUBLIC LAW 102-295—MAY 28, 1992 
"(F) provide documentation to the Secretary that the State 
has a law or procedure that has been implemented for the 
eviction of £ui abusing spouse from a share household;". 
SEC. 307. PENALTIES FOR NONCOMPLIANCE. 
Section 303(a)(3) (42 U.S.C. 10402(aX3)) is amended— 
(1) by inserting "a 6-month period providing an" before 
"opportunity"; and 
(2) by adding at the end thereof the following new sentences: 
'The Secretary shall provide such notice within 45 days of 
the date of the application if any of the provisions of paragraph 
(2) have not been satisfied in such appUcation. If the State 
has not corrected the deficiencies in such application within 
the 6-month period following the receipt of the Secretary's 
notice of intention to disapprove, the Secretary shall withhold 
payment of any grant funds to such State until the date that 
is 30 days prior to the end of the fiscal year for which such 
grant funds are appropriated or until such time as the State 
provides documentation that the deficiencies have been cor-
rected, whichever occurs first. State Domestic Violence CoaU-
tions shall be permitted to participate in determining whether 
a grantee is in comphance with paragraph (2), except that 
no funds made available to State Domestic Violence Coalitions 
under section 311 shall be used to challenge a determination 
as to whether a grantee is in compliance with, or to seek 
the enforcement of, the eligibility requirements of such para-
graph.". 
SEC. 308. GRANTS TO INDIAN TRIBES. 
Section 303(b) (42 U.S.C. 10402(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking out "is authorized to make demonstration 
grants" and inserting in lieu thereof", from amounts appro-
{>riated to carry out this section, shall make available not 
ess than 10 percent of such amoimts to make grants"; 
(B) by strilang out "and tribal" and inserting in lieu 
thereof ", tribal"; and 
(C) by inserting "and nonprofit private organizations 
approved by an Indian Tribe for the operation of a family 
violence shelter on a Reservation", after "tribal organiza-
tions"; 
(2) in paragraph (2)— 
(A) by striking out "demonstration grant" and inserting 
in lieu thereof "grant"; 
(B) by striking out "suid (E)" £md inserting in lieu thereof 
"(E) and (F)"; and 
(C) by adding at the end thereof the following new sen-
tence: "No entity eligible to submit an appUcation under 
paragraph (1) shall be prohibited from making an appUca-
tion during any fiscal year for which funds are available 
because such entity has not previously applied or received 
> 
funding under this section."; and 
(3) by adding at the end the following new paragraph: 
"(3) In the case of a project for which the initial appUcation 
for a demonstration grant under this subsection is made on or 
after the date of the enactment of the Child Abuse Programs, 
Adoption Opportunities, and Family Violence Prevention Amend-
ments Act of 1992, the terms 'Indian tribe' and *tribal organization'. 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 203 
for purposes of this subsection, have the meaning given such terms 
in section 4 of the Indian Self-Determination and Education Assist-
ance Act.". 
SEC. 309. MAXIMUM CEILING. 
(a) IN GENERAL.—Section 303 (42 U.S.C. 10402) is amended— 
(1) by striking out subsection (c); and 
(2) by redesignating subsections (d) through (g) as subsections 
(c) through (f), respectively. 
(b) EFFECTIVITY OF AMENDMENTS.—^The amendments made by 42USC10402 
subsection (a) are effective in the case of amounts appropriated ^°*«-
for fiscal year 1992 and subsequent fiscal years. 
SEC. 310. GRANTS TO ENTITIES OTHER THAN STATES; LOCAL SHARE. 
Section 303(e) (as redesignated by section 309 of this Act) is 
amended— 
(1) in the first sentence— 
(A) by striking out "demonstration grant" and inserting 
in Heu thereof "grant"; 
(B) by inserting "or an Indian Tribe" after "State"; 
(C) by striking out "35 percent" and inserting in lieu 
thereof "20 percent"; 
(D) by striking out "55 percent" and inserting in lieu 
thereof "35 percent"; 
(E) by striking out "and 65 percent in the third such 
year" and inserting in heu thereof "and 50 percent in 
the third such year and in any such year thereafter"; 
and 
(2) in the second sentence, by striking out "50 percent" and 
inserting in lieu thereof "25 percent". 
SEC. 311. SHELTER AND RELATED ASSISTANCE. 
(a) SHELTER.—Section 303(f) (42 U.S.C. 10402(g)) (as so redesig-
nated by section 309) is amended-— 
(1) by striking out "60 percent" and inserting in lieu thereof 
"70 percent"; and 
(2) by inserting before the period the following "as defined 
in section 309(4). Not less than 25 percent of the ninds distrib-
uted under subsection (a) or (b) shall be distributed for the 
purpose of providing related assistance as defined under section 
309(5)(A)". 
(b) DEFINITION.—Paragraph (5) of section 309 (42 U.S.C. 10408(5)) 
is amended to read as follows: 
"(5) The term 'related assistance' means the provision of 
direct assistance to victims of family violence and their depend-
ents for the purpose of preventing further violence, helping 
such victims to gain access to civil and criminal courts and 
other community services, facilitating the efforts of such victims 
to make decisions concerning their Uves in the interest of 
safety, and assisting such victims in healing from the effects 
of the violence. Related assistance shall include— 
"(A) prevention services such as outreach and prevention 
services for victims and their children, employment train-
ing, parenting and other educational services for victims 
and their children, preventive health services within 
domestic violence programs (including nutrition, disease 
prevention, exercise, and prevention of substance abuse), 
domestic violence prevention programs for school age chil-
106 STAT. 204 
PUBLIC LAW 102-295—MAY 28, 1992 
dren, family violence public awareness campaigns, and 
violence prevention coiuiseling services to abusers; 
"(B) counseling with respect to family violence, counseling 
by peers individuEdly or in groups, and referral to commu-
nity social services; 
"(C) transportation, technical assist£uice with respect to 
obtaining finsuicial assistance under Federal and State pro-
grams, and referrals for appropriate health-care services 
(including alcohol and drug abuse treatment), but shedl 
not include reimbursement for any health-care services; 
"(D) leg£d advocacy to provide victims vdth information 
and assistance through the civil and criminal courts, and 
legal assistance; or 
"(E) children's counseling and support services, and child 
care services for children who are victims of family violence 
or the dependents of such victims.". 
SEC. 312. ALLOTMENT OF FUNDS. 
Section 304(a)(1) (42 U.S.C. 10403(a)(1)) is amended— 
(1) by striking out "whichever is the greater of the following 
amounts: one-half of; and 
(2) by striking out "$50,000" and inserting in lieu thereof 
"$200,000, whichever is the lessor amount". 
SEC. 313. SECRETARLVL RESPONSIBILITIES. 
Section 305(b)(2)(A) (42 U.S.C. 10404(b)(2XA)) is amended— 
(1) by striking out "into the causes of family violence"; 
(2) by inserting "most effective" before "prevention"; 
(3) by striking out "and (ii)" and inserting in lieu thereof 
"(ii)"; and 
(4) by inserting before "and (B)" the following: "(iii) the 
effectiveness of providing safety and support to maternal and 
child victims of family violence as a way to eliminate the 
abuse experienced by children in such situations, (iv) identifica-
tion of intervention approaches to child abuse prevention serv-
ices which appear to be successful in preventing child abuse 
where both mother and child are abused, (v) effective and 
appropriate treatment services for children where both mother 
and child are abused, and (vi) the individual and situational 
factors leading to the end of violent and abusive behavior 
by persons who commit acts of family violence, including such 
factors as history of previous violence and the legal and service 
interventions received,". 
SEC. 314. EVALUATION AND REPORT TO CONGRESS. 
Section 306 (42 U.S.C. 10405) is amended— 
(1) by inserting "and every two years thereafter," after "the 
first time after the date of the enactment of this title,"; 
(2) by striking out "assurances" and inserting in lieu thereof 
"documentation"; and 
(3) by striking out "303(aX2XF)" and inserting in lieu 
"303(a)(2)(B) through 303(a)(2XF)". 
SEC. 315. FUNDING FOR TECHNICAL ASSISTANCE CENTERS. 
Section 308 (42 U.S.C. 10407) is amended to read as follows: 
Indians. 
"SEC. 308. INFORMATION AND TECHNICAL ASSISTANCE CENTERS. 
"(a) PURPOSE AND GRANTS.— 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 205 
"(1) PURPOSE.—It is the purpose of this section to provide 
resource information, training, and technical assistance to Fed-
eral, State, £ind Indian tribal agencies, as well as to local 
domestic violence programs and to other professionals who 
provide services to victims of domestic violence. 
"(2) GRANTS.—From the amounts appropriated under this Nonprofit 
title, the Secretary shall award grants to private nonprofit organizations, 
organizations for the estabhshment and maintenance of one 
national resource center (as provided for in subsection (b)) 
and not to exceed six special issue resource centers (as provided 
for in subsection (c)) focusing on one or more issues of concern 
to domestic violence victims. 
"(b) NATIONAL RESOURCE CENTER.—The national resource center 
established under subsection (aX2) shall offer resource, poUcy and 
training assistance to Federal, State, and local government agencies, 
to domestic violence service providers, and to other professionals 
and interested parties on issues pertaining to domestic violence, 
and shall maintain a central resource library in order to collect, 
prepare, analyze, and disseminate information and statistics and 
analyses thereof relating to the incidence and prevention of family 
violence (particularly the prevention of repeated incidents of 
violence) and the provision of immediate shelter and related assist-
ance. 
"(c) 
SPECIAL 
ISSUE 
RESOURCE 
CENTERS.—^The special issue 
resource centers established under subsection (aX2) shall provide 
information, training and technical assistance to State and loced 
domestic violence service providers, and shall specialize in at least 
one of the following areas of domestic violence service, prevention, 
or law: 
"(1) Criminal justice response to domestic violence, including 
court-mandated abuser treatment. 
"(2) Improving the response of Child Protective Service agen-
cies to battered mothers of abused children. 
"(3) Child custody issues in domestic violence cases. 
"(4) The use of the self-defense plea by domestic violence 
victims. 
"(5) Improving interdisciplinary health care responses and 
access to health care resources for victims of domestic violence. 
"(6) Improving access to and the quality of legal rep-
resentation for victims of domestic violence in civil litigation. 
"(d) ELIGIBILITY.—^To be eligible to receive a grant under this 
section an entity shall be a private nonprofit organization that— 
"(1) focuses primarily on domestic violence; 
"(2) provides documentation to the Secretary demonstrating 
experience working directly on issues of domestic violence, par-
ticularly in the specific subject area for which it is applying; 
"(3) include on its advisory boards representatives from 
domestic violence programs in the region who are geo-
graphically and culturally diverse; and 
"(4) demonstrate the strong support of domestic violence advo-
cates from across the country find the region for their des-
ignation as the national or a special issue resource center. 
"(e) REPORTING.—Not later than 6 months after receiving a grant 
under this section, a grantee shall prepare and submit a report 
to the Secretary that evaluates the effectiveness of the use of 
amounts received under such grant by such grantee and containing 
such additional information as the Secretary may prescribe. 
106 STAT. 206 
PUBLIC LAW 102-295—MAY 28, 1992 
"(0 DEFINITION.—For purposes of this section, the term Indian 
tribal agenc/ means an Indian tribe or tribal organization, as 
defined in section 4 of the Indian Self-Determination and Education 
Assistance Act. 
"(g) REGULATIONS.—Not later than 90 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
£ifter such date of enactment, the Secretary shall publish final 
regulations.". 
SEC. 316. AUTHORIZATION OF APPROPRIATIONS. 
Section 310 (42 U.S.C. 10409) is amended to read as follows: 
«SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out the provisions of sections 303 through 309 and section 
313, $60,000,000 for fiscal year 1992, and such sums as may be 
necessary for each of the fiscal years 1993 through 1995. 
"(b) SECTION 303 (a) AND (b).—Of the amounts appropriated under 
subsection (a) for each fiscal year, not less than 80 percent shall 
be used for making grants under subsection 303(a), and not less 
than 10 percent shall be used for the purpose of carrying out 
section 303(b). 
"(c) SECTION 308.—Of the amoimts appropriated under subsection 
(a) for each fiscal year, 5 percent shall be used by the Secretary 
for making grants under section 308.". 
SEC. 317. CONTRACTS AND GRANTS FOR STATE DOMESTIC VIOLENCE 
COALITIONS. 
Section 311 (42 U.S.C. 10410) is amended to read as follows: 
Nonprofit 
"SEC. 311. GRANTS FOR STATE DOMESTIC VIOLENCE COALITIONS. 
organiza ions. 
«^^^ j ^ GENERAL.—^The Secretary shall award grants for the fund-
ing of State domestic violence coalitions. Such coalitions shall fur-
ther the purposes of domestic violence intervention and prevention 
through activities, including— 
"(1) working with judicial and law enforcement agencies to 
encourage appropriate responses to domestic violence cases and 
examine issues including— 
"(A) the inappropriateness of mutual protection orders; 
"(B) the prohibition of mediation when domestic violence 
is involved; 
"(C) the use of mandatory arrests of accused offenders; 
"(D) the discouragement of dual arrests; 
"(E) the adoption of aggressive and vertical prosecution 
policies and procedures; 
"(F) the use of mandatory requirements for presentence 
investigations; 
"(G) the length of time taken to prosecute cases or reach 
plea agreements; 
"(H) the use of plea agreements; 
"(I) the consistency of sentencing, including comparisons 
of domestic violence crimes with other violent crimes; 
"(J) the restitution of victims; 
"(K) the use of training and technical assistance to law 
enforcement and court officials and other professionals; 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 207 
.ry\^ 
"(L) the reporting practices of, and significance to be 
accorded to, prior convictions (both felony and mis-
demeanor) and protection orders; 
"(M) the use of interstate extradition in cases of domestic 
violence crimes; 
"(N) the use of statewide and regional planning; and 
"(O) any other matters as the Secretary and the State 
domestic violence coalitions believe merit investigations; 
"(2) work with family law judges, Child Protective Services 
agencies, and children's advocates to develop appropriate 
responses to child custody and visitation issues in domestic 
violence cases as well as cases where domestic violence and 
child abuse are both present, including— 
"(A) the inappropriateness of mutual protection orders; 
"(B) the prohibition of mediation where domestic violence 
is involved; 
"(C) the inappropriate use of marital or conjoint counsel-
ing in domestic violence cases; 
"(D) the use of training and technicsd assistance for fam-
ily law judges and court personnel; 
"(E) the presumption of custody to domestic violence 
victims; 
"(F) the use of comprehensive protection orders to grant 
fullest protections possible to victims of domestic violence, 
including temporary support and maintenance; 
"(G) the development by Child Protective Service of sup-
portive responses that enable victims to protect their chil-
dren; 
"(H) the implementation of supervised visitations that 
do not endanger victims and their children; and 
"(I) the possibility of permitting domestic violence victims 
to remove children from the State when the safety of the 
children or the victim is at risk; 
"(3) conduct public education campaigns regarding domestic 
violence through the use of public service announcements and 
informative materials that are designed for print media, bill-
boards, public trginsit advertising, electronic broadcast media, 
and other vehicles for information that shall inform the public 
concerning domestic violence; and 
"(4) participate in planning and monitoring of the distribution 
of grants and grant funds to their State under section 303(a). 
"(b) ELIGIBILITY.—To be eligible for a grant luider this section, 
an entity shall be a statewide nonprofit State domestic violence 
coalition meeting the following conditions: 
"(1) The membership of the coalition includes representatives 
from a majority of the programs for victims of domestic violence 
in the State. 
"(2) The board membership of the coalition is representative 
of such programs. 
"(3) The purpose of the coalition is to provide services, com-
munity education, and technical assistance to such programs 
to establish and maintain shelter and related services for vic-
tims of domestic violence and their children. 
"(4) In the application submitted by the coalition for the 
grant, the coalition provides assurances satisfactory to the Sec-
retary that the coalition— 
106 STAT. 208 
PUBLIC LAW 102-295—MAY 28, 1992 
'^ 
"(A) has actively sought and encouraged the participation 
of law enforcement agencies and other legal or judicial 
entities in the preparation of the application; and 
"(B) will actively seek and encourage the participation 
of such entities in the activities carried out wiUi the grant. 
"(c) ALLOTMENT OF FUNDS.—^From amounts appropriated under 
this section for each fiscal year, the Secretary shall allot to each 
State, the District of Coliunbia, the Conmionwealth of Puerto Rico, 
and the combined U.S. Territories an amount equal to Vss of the 
amoimt appropriated for such fiscal year. For purposes of this 
section, the term 'combined U.S. Territories' means Guam, American 
Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands and shall not receive 
less than 1.5 percent of the funds appropriated for each fiscal 
year. 
"(d) PROHIBITION ON LOBBYING.—NO fimds made available to 
entities under this section shall be used, directly or indirectly, 
to influence the issuance, amendment, or revocation of any executive 
order or similar promulgation by any Federal, State or local agency, 
or to undertake to influence the passage or defeat of any legislation 
by Congress, or by any State or local legislative body, or State 
proposals by initiative petition, except that the representatives of 
the entity may testify or make other appropriate commimication— 
"(1) when formally requested to do so by a legislative body, 
a committee, or a member thereof; or 
"(2) in connection with legislation or appropriations directly 
affecting the activities of the entity. 
"(e) REPORTING.—Each State domestic violence coaUtion receiving 
amounts under this section shall submit a report to the Secretary 
describing the coordination, training and technical assistance and 
public education services performed with such amounts and evaluat-
ing the effectiveness of those services. 
"(f) DEFINITION.—For purposes of this section, a State domestic 
violence coalition may include representatives of Indian tribes and 
tribal organizations, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act. 
"(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to be used to award grants under this section 
$8,000,000 for fiscal year 1992, and such sums as may be necessary 
for each of the fiscal years 1993 through 1995. 
"(h) REGULATIONS.—Not later than 90 days after the date of 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after such date of enactment, the Secretary shall publish final 
regulations implementing this section.". 
SEC. 318. REGULATIONS. 
42 use 10412. 
Section 312(a) (42 U.S.C. 10409(a)) is amended by adding at 
the end thereof the following new sentence: 
"Not later than 90 days after the date of enactment of this sentence, 
the Secretary shall publish proposed regulations implementing sec-
tions 303, 308, and 314. Not later than 120 days after such date 
of enactment, the Secretary shall publish final 
regulations 
implementing such sections.". 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 209 
SEC. 319. FAMILY MEMBER ABUSE INFORMATION AND DOCUMENTA-
TION. 
Section 313(1) (42 U.S.C. 10409(1)) is amended by striking out 
"characteristics relating to family violence" and inserting in lieu 
thereof "develop data on the number of victims of family violence 
and their dependents who are homeless or institutionalized as 
a result of the violence and abuse they have experienced". 
SEC. 320. GRANTS FOR PUBUC INFORMATION CAMPAIGNS. 
The Act is amended by adding at the end thereof the following 
new section: 
"SEC. 314. GRANTS FOR PUBUC INFORMATION CAMPAIGNS. 
42 u s e 10413. 
Nonprofit 
organizations. 
42 use 10414. 
Federal 
Register, 
publication. 
"(a) IN GENERAL.—^The Secretary may make grants to public 
or private nonprofit entities to provide public information campaigns 
regarding domestic violence through the use of public service 
announcements and informative materials that are designed for 
print media, billboards, public transit advertising, electronic broad-
cast media, and other vehicles for information that shall inform 
the public concerning domestic violence. 
"(b) APPLICATION.—No grant, contract, or cooperative agreement 
shall be made or entered into under this section unless an applica-
tion that meets the requirements of subsection (c) has been 
approved by the Secretary. 
"(c) REQUIREMENTS.—^An application submitted under subsection 
(b) shall— 
"(1) provide such agreements, assurances, and information, 
be in such form and be submitted in such manner as the 
Secretary shall prescribe through notice in the Federal Register, 
including a description of how the proposed public information 
campaign will target the population at risk, including pregnant 
women; 
"(2) include a complete description of the plan of the applica-
tion for the development of a public information campaign; 
"(3) identify the specific audiences that will be educated, 
including communities and groups with the highest prevalence 
of domestic violence; 
"(4) identify the media to be used in the campaign and 
the geographic distribution of the campaign; 
"(5) describe plans to test market a development plan with 
a relevant population group and in a relevant geographic area 
and give assureince that effectiveness criteria will be imple-
mented prior to the completion of the final plan that will 
include an evaluation component to measure the overall 
effectiveness of the campaign; 
"(6) describe the kind, amount, distribution, and timing of 
informational messages and such other information as the Sec-
retary may require, with assurances that media organizations 
and other groups with which such messages are placed will 
not lower the current frequency of public service emnounce-
ments; and 
"(7) contain such other information as the Secretary may 
require. 
"(d) USE.—^A grant, contract, or agreement made or entered into Contracts, 
under this section shall be used for the development of a public 
information campaign that may include public service announce-
ments, paid educational messages for print media, public transit 
106 STAT. 210 
PUBLIC LAW 102-295—MAY 28, 1992 
Law 
enforcement 
and crime. 
42 use 10415. 
advertising, electronic broadcast media, and any other mode of 
conveying information that the Secretary determines to be appro-
priate. 
"(e) CRITERIA.—^The criteria for awarding grants shall ensiure 
that an applicant— 
"(1) will conduct activities that educate conmiunities and 
groups at greatest risk; 
"(2) has a record of high quaUty campaigns of a comparable 
type; and 
"(3) has a record of high qusdily campaigns that educate 
the population groups identified as most at risk. 
"(f) For purposes of this section, the term 'pubUc or private 
nonprofit entity* includes an 'Indian tribe* or 'tribal organization', 
as defined in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act.". 
SEC. 321. MODEL STATE LEADERSHIP INCENTIVE GRANTS FOR DOMES-
TIC VIOLENCE INTERVENTION. 
The Act (as amended by section 320) is further amended by 
adding at the end thereof the following new section: 
"SEC. 315. MODEL STATE LEADERSHIP GRANTS FOR DOMESTIC 
VIOLENCE INTERVENTION. 
"(a) IN GENERAL.—^The Secretary, in cooperation with the Attor-
ney General, shgdl award grants to not more than 10 States to 
assist such States in becoming model demonstration States and 
in meeting the costs of improving State leadership concerning activi-
ties that will— 
"(1) increase the number of prosecutions for domestic violence 
crimes; 
^ 
"(2) encourage the reporting of incidences of domestic 
violence; and 
"(3) facilitate 'arrests euid aggressive' prosecution policies. 
"(b) DESIGNATION AS MODEL STATE.—TO be designated as a model 
State under subsection (a), a State shall have in effect— 
"(1) a law that requires mandatory arrest of a person that 
police have probable cause to beheve has committed an act 
of domestic violence or probable cause to believe has violated 
an outstanding civil protection order; 
"(2) a law or policy that discourages 'dual' arrests; 
"(3) statewide prosecution policies that— 
"(A) authorize and encourage prosecutors to pursue cases 
where a criminal case can be proved, including proceeding 
without the active involvement of the victim u necessary; 
and 
"(B) implement model projects that include either— 
"(i) a 'no-drop* prosecution policy; or 
"(ii) a vertical prosecution policy; and 
"(C) Umit diversion to extraordinaiy cases, and then only 
after an admission before a judicial officer has been 
entered; 
"(4) statewide guidelines forjudges that— 
"(A) reduce the automatic issuance of mutual restraining 
or protective orders in cases where only one spouse has 
sought a restraining or protective order; 
"(B) discourage custody or joint custody orders by spouse 
abusers; and 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 211 
"(C) encourage the understanding of domestic violence 
as a serious criminal offense and not a trivial dispute; 
and 
"(5) develop and disseminate methods to improve the criminal 
justice system's response to domestic violence to make existing 
remedies as easily available as possible to victims of domestic 
violence, including reducing delay, eliminating court fees, and 
providing easily understandable court forms. 
"(c) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—In addition to the funds authorized to 
be appropriated under section 310, there are authorized to 
be appropriated to make grants under this section $25,000,000 
for fiscal year 1992, and such sums as may be necessary for 
each of the fiscal years 1993 through 1995. 
"(2) LIMITATION.—^A grant may not be made under this section 
in an amount less than $2,000,000. 
"(3) DELEGATION AND TRANSFER.—^The Secretary shall dele-
gate to the Attorney General the Secretary's responsibilities 
for carrying out this section and shall transfer to the Attorney 
General the funds appropriated under this section for the pur-
pose of making grants under this section.". 
SEC. 322. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE. 
(a) GENERAL PURPOSE.—For purposes of this section, the Sec-
retary of Education, hereinafter referred to as the "Secretary" shall 
develop model programs for education of young people about domes-
tic violence and violence among intimate partners. 
(b) NATURE OF PROGRAM.—^The Secretary, in consultation with 
the Secretary of Health and Human Services, shall through grants 
or contracts develop three separate programs, one each for primary 
and middle schools, secondary schools, and institutions of higher 
education. Such model programs shall be developed with the input 
of educational experts, law enforcement personnel, legal and psycho-
logical experts on battering, and victim advocate organizations such 
as battered women's shelters. The participation of each such group 
or individual consultants from such groups is essential to the devel-
opment of a program that meets both the needs of educational 
institutions and the needs of the domestic violence problem. 
(c) REVIEW AND DISSEMINATION.—Not later than 9 months after 
the date of enactment of this Act, the Secretary shall transmit 
the model programs, along with a plan and cost estimate for nation-
wide distribution, to the relevant committees of Congress for review. 
(d) AUTHORIZATION.—^There sire authorized to be appropriated 
under this section for fiscal year 1992, $200,000 to carry out the 
purposes of this section. 
42 use 10401 
note. 
Contracts. 
TITLE IV—REAUTHORIZATION OF PRO-
GRAMS WITH RESPECT TO ADOPTION 
SEC. 401. 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 to read 
as follows: 
106 STAT. 212 
PUBLIC LAW 102-295—MAY 28, 1992 
«SEC. 201. CONGRESSIONAL FINDINGS AND DECLARATION OF PUR-
POSE. 
"(a) FINDINGS.—Congress finds that— 
"(1) the number of children in substitute care increased by 
nearly 50 percent between 1985 and 1990, as our Nation's 
foster care population included more than 400,000 children 
at the end of June, 1990; 
"(2) increasingly children entering foster care have complex 
problems which require intensive services; 
"(3) an increasing number of infants are bom to mothers 
who did not receive prenatal care, are bom addicted to alcohol 
and other drugs, and exposed to infection with the etiologic 
agent for the human immunodeficiency virus, are medically 
fragile, and technology dependent; 
"(4) the welfare of thousands of children in institutions and 
foster homes and disabled infants with Ufe-threatening condi-
tions may be in serious jeopardy and some such children are 
in need of placement in permanent, adoptive homes; 
"(5) many thousands of children remain in institutions or 
foster homes solely because of local and other barriers to their 
placement in permanent, adoptive homes; 
"(6) the majority of such children are of school age, members 
of sibling groups or disabled; 
"(7) currently one-half of children free for adoption and await-
ing placement are minorities; 
"(8) adoption may be the best alternative for assuring the 
healthy development of such children; 
"(9) there are qualified persons seeking to adopt such children 
who are unable to do so because of barriers to their placement; 
and 
"(10) in order both to enhance the stability and love of the 
child's home environment and to avoid wasteful expenditures 
of public funds, such children should not have medically 
indicated treatment withheld from them nor be maintained 
in foster care or institutions when adoption is appropriate 
and families can be found for such children. 
"(b) PURPOSE.—It is the purpose of this title to faciUtate the 
elimination of barriers to adoption and to provide permanent and 
loving home environments for children who would benefit from 
adoption, particularly children with special needs, including dis-
abled infants with life-threatening conditions, by— 
"(1) promoting model adoption legislation and procedures in 
the States and territories of the United States in order to 
eliminate jurisdictional and legal obstacles to adoption; and 
"(2) providing a mechanism for the Department of Health 
and Human Services to— 
"(A) promote quality standards for adoption services, pre-
/ .. 
placement, post-placement, and post-legal adoption counsel-
ing, and standards to protect the rights of children in 
r*. :
- 
need of adoption; 
"(B) maintain a national adoption information exchange 
system to bring together children who would benefit from 
adoption and qualified prospective adoptive parents who 
: are seeking such children, and conduct national recruit-
ment efforts in order to reach prospective parents for chil-
dren awaiting adoption; and 
PUBLIC LAW 102-295—MAY 28, 1992 
106 STAT. 213 
"(C) demonstrate expeditious ways to free children for 
adoption for whom it has been determined that adoption 
is the appropriate plan.". 
SEC. 402. MODEL ADOPTION LEGISLATION AND PROCEDUKES. 
Section 202 of the Child Abuse Prevention and Treatment £ind 
Adoption Reform Act of 1978 (42 U.S.C. 5112) is repealed. 
SEC. 403. INFORMATION AND SERVICE FUNCTIONS. 
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)— 
(A) by inserting ", on-site technical assistance" Eifter "con-
sultant services" in the second sentence; 
(B) by inserting "including salaries and travel costs," 
after "administrative expenses," in the second sentence; 
and 
(C) by adding at the end thereof the following new sen- Reports, 
tence: "The Secretary shall, not later than 12 months after 
the date of enactment of this sentence, prepare and submit 
to the committees of Congress having jurisdiction over such 
services reports, as appropriate, containing appropriate 
data concerning the manner in which activities were carried 
out under this title, and such reports shall be made avail-
able to the public"; and 
(2) in subsection (b)— 
(A) by striking out paragraph (1) and redesignating para-
graph (2) as paragraph (1); 
(B) by inserting after paragraph (1) (as so redesignated) 
the following new paragraph: 
"(2) conduct, directly or by grant or contract with public 
or private nonprofit organizations, ongoing, extensive recruit-
ment efforts on a national level, develop national public aware-
ness efforts to unite children in need of adoption with appro-
priate adoptive parents, and establish a coordinated referral 
system of recruited families with appropriate State or regional 
adoption resources to ensure that families are served in a 
timely fashion;"; 
(C) in paragraph (4), by inserting before the semicolon 
the following: ", and to promote professional leadership 
training of minorities in the adoption field"; and 
(D)(i) in paragraph (7), by striking "and" after the semi-
colon at the end; 
(ii) by redesignating paragraph (8) as paragraph (9); 
and 
(iii) by inserting after paragraph (7) the following new 
paragraph: 
"(8) maintain (directly or by grant to or contract with public 
or private nonprofit agencies or organizations) a National 
Resource Center for Special Needs Adoption to— 
"(A) promote professional leadership development of 
minorities in the adoption field; 
"(B) provide training and technical assistance to service 
providers and State agencies to improve professional com-
petenQT in the field of adoption and the adoption of children 
with special needs; and 
106 STAT. 214 
PUBLIC LAW 102-295—MAY 28, 1992 
"(C) facilitate 
the development 
of 
interdisciplinary 
approaches to meet the needs of children who are waiting 
for adoption and the needs of adoptive families; and". 
SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 
Section 205 of the Child Abuse Prevention and Treatment £ind 
Adoption Reform Act of 1978 (42 U.S.C. 5115) is amended— 
(1) by striking out subsection (a) and inserting in lieu thereof 
the following new subsection: 
"(a) There are authorized to be appropriated, $10,000,000 for 
fiscal year 1992, and such sums as may be necessary for each 
of the fiscal years 1993 through 1995, to carry out programs and 
activities under this Act except for programs and activities author-
ized under sections 203(b)(9) and 203(c)(1)."; and 
(2) in subsection (b), by striking out "$3,000,000", the first 
place that such appears, and all that follows through the end 
thereof, and inserting in lieu thereof the following: "$10,000,000 
for fiscal year 1992, and such sums as may be necessary for 
each of the fiscal years 1993 through 1995, to carry out section 
203(b)(9), and there are authorized to be 
appropriated 
$10,000,000 for fiscal year 1992, and such sums as may be 
necessary for each of the fiscal years 1993 through 1995, to 
carry out section 203(c)(1).". 
Approved May 28, 1992. 
LEGISLATIVE HISTORY—S. 838 (H.R. 4712): 
SENATE REPORTS: No. 102-164 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Nov. 7, considered and passed Senate. 
Vol. 138 (1992): Apr. 7, H.R. 4712 considered and passed House; S. 838, 
amended, passed in lieu. 
Apr. 9, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
May 28, Presidential statement.