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Title 34 — Crime Control and Law Enforcement

Chapter 203 — Victims of Child Abuse

§ 20302. Definitions

Statutory text

For purposes of this subchapter—

(1)

the term “Administrator” means the agency head designated under section 11111(b) of this title;

(2)

the term “applicant” means a child protective service, law enforcement, legal, medical and mental health agency or other agency that responds to child abuse cases;

(3)

the term “census region” means 1 of the 4 census regions (northeast, south, midwest, and west) that are designated as census regions by the Bureau of the Census as of ;

(4)

the term “child abuse” means physical or sexual abuse or neglect of a child, including human trafficking and the production of child pornography;

(5)

the term “multidisciplinary response to child abuse” means a coordinated team response to child abuse that is based on mutually agreed upon procedures among the community agencies and professionals involved in the intervention, prevention, prosecution, and investigation systems that best meets the needs of child victims and their nonoffending family members;

(6)

the term “nonoffending family member” means a member of the family of a victim of child abuse other than a member who has been convicted or accused of committing an act of child abuse;

(7)

the term “regional children’s advocacy program” means the children’s advocacy program established under section 20303(a) of this title; and

(8)

the term “State chapter” means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and organizational capacity support to local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Victims of Child Abuse Act of 1990

    Pub. L. 101–647 title II § 212 · 104 Stat. 4789

    Enacted · 34 U.S.C. § 20302

    Pub. L. 101–647, title II, § 212, as added Pub. L. 102–586, § 6(b)(2), Nov. 4, 1992, 106 Stat. 5029

    Source evidence

    Code source credit
    Pub. L. 101–647, title II, § 212, as added Pub. L. 102–586, § 6(b)(2), Nov. 4, 1992, 106 Stat. 5029

    Enacted provision · exact public law section
    SEC. 212. AUTHORITY OF THE DIRECTOR TO MAKE GRANTS. (a) In General.— The Director of the Office of Victims of Crime (hereinafter in this subtitle referred to as the “Director”), in consultation with officials of the Department of Health and Human Services, shall make grants to develop and implement multidisciplinary child abuse investigation and prosecution programs. (b) Grant Criteria.— (1) The Director shall establish the criteria to be used in evaluating applications for grants under this section consistent with sections 262, 293, and 296 of subpart II of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et seq.). (2) In general, the grant criteria established pursuant to paragraph (1) may require that a program include any of the following elements: (A) A written agreement between local law enforcement, social service, health, and other related agencies to coordinate child abuse investigation, prosecution, treatment, and counseling services. (B) An appropriate site for referring, interviewing, treating, and counseling child victims of sexual and serious physical abuse and neglect (referred to as the “counseling center”). (C) Referral of all sexual and serious physical abuse and neglect cases to the counseling center not later than 24 hours after notification of an incident of abuse. (D) Joint initial investigative interviews of child victims by personnel from law enforcement, health, and social service agencies. (E) A requirement that, to the extent practicable, the same agency representative who conducts an initial interview conduct all subsequent interviews. (F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the counseling center. (G) Coordination of each step of the investigation process to minimize the number of interviews that a child victim must attend. (H) Designation of a director for the multidisciplinary program. (I) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child’s family, throughout each step of judicial proceedings. (J) Such other criteria as the Director shall establish by regulation. (c) Distribution of Grants.— In awarding grants under this section, the Director shall ensure that grants are distributed to both large and small States and to rural, suburban, and urban jurisdictions.

  2. Justice for Victims of Trafficking Act of 2015

    Pub. L. 114–22 title I § 104(1) · 129 Stat. 227

    Inserted · 34 U.S.C. § 20302(5)

    Pub. L. 114–22 inserted “, including human trafficking and the production of child pornography” before semicolon at end

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 114–22 inserted “, including human trafficking and the production of child pornography” before semicolon at end.

    Enacted provision · exact public law section
    (1) in section 212(5) (42 U.S.C. 13001a(5)), by inserting “, including human trafficking and the production of child pornography” before the semicolon at the end; and

  3. Victims of Child Abuse Act Reauthorization Act of 2018

    Pub. L. 115–424 § 2(h)(1) · 132 Stat. 5465

    Changed · 34 U.S.C. § 20302(1)

    Pub. L. 115–424, § 2(h)(1), made technical amendment to reference in original act which appears in text as reference to section 11111(b) of this title

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 115–424, § 2(h)(1), made technical amendment to reference in original act which appears in text as reference to section 11111(b) of this title.

    Enacted provision · exact public law section
    (1) in section 212(1) (34 U.S.C. 20302), by striking “(42 U.S.C. 5611(b))” and inserting “(34 U.S.C. 11111(b))”;

  4. Victims of Child Abuse Act Reauthorization Act of 2018

    Pub. L. 115–424 § 2(b) · 132 Stat. 5465

    1. Redesignated · 34 U.S.C. § 20302(3)(9)

      Pub. L. 115–424, § 2(b), redesignated pars. (4), (5), and (7) to (9) as (3) to (7), respectively

    2. Added · 34 U.S.C. § 20302(3)(9)

      Pub. L. 115–424, § 2(b), added par. (8)

    3. Struck · 34 U.S.C. § 20302(3)(9)

      Pub. L. 115–424, § 2(b), struck out former pars. (3) and (6) which defined the terms “board” and “Director”, respectively

    Source evidence

    Code amendment note
    Pars. (3) to (9). Pub. L. 115–424, § 2(b), redesignated pars. (4), (5), and (7) to (9) as (3) to (7), respectively, added par. (8), and struck out former pars. (3) and (6) which defined the terms “board” and “Director”, respectively.

    Enacted provision · exact public law section
    (b) Definitions.— Section 212 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20302) is amended— (1) by striking paragraphs (3) and (6); (2) by redesignating paragraphs (4), (5), (7), (8), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; (3) in paragraph (6), as so redesignated, by striking “and” at the end; (4) in paragraph (7), as so redesignated, by striking the period at the end and inserting “; and”; and (5) by adding at the end the following: “(8) the term ‘State chapter’ means a membership organization that provides technical assistance, training, coordination, grant administration, oversight, and support to local children’s advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence-informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.” .

  5. Respect for Child Survivors Act

    Pub. L. 117–354 § 3(2)(A) · 136 Stat. 6270

    Changed · 34 U.S.C. § 20302(5)

    Pub. L. 117–354, § 3(2)(A), which directed insertion of “coordinated team” before “response”, was executed by making the insertion before “response” the second time appearing, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 117–354, § 3(2)(A), which directed insertion of “coordinated team” before “response”, was executed by making the insertion before “response” the second time appearing, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) in paragraph (5), by inserting “coordinated team” before “response”; and

  6. Respect for Child Survivors Act

    Pub. L. 117–354 § 3(2)(B) · 136 Stat. 6270

    Inserted · 34 U.S.C. § 20302(8)

    Pub. L. 117–354, § 3(2)(B), inserted “organizational capacity” before “support”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 117–354, § 3(2)(B), inserted “organizational capacity” before “support”.

    Enacted provision · exact public law section
    (B) in paragraph (8), by inserting “organizational capacity” before “support”;

8 of 8 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 13001a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 212 of Pub. L. 101–647 was renumbered section 214 and is classified to section 20304 of this title.

Amendments2015–2023 · 3 rounds

2023

Par. (5). Pub. L. 117–354, § 3(2)(A), which directed insertion of “coordinated team” before “response”, was executed by making the insertion before “response” the second time appearing, to reflect the probable intent of Congress.

Par. (8). Pub. L. 117–354, § 3(2)(B), inserted “organizational capacity” before “support”.

2019

Par. (1). Pub. L. 115–424, § 2(h)(1), made technical amendment to reference in original act which appears in text as reference to section 11111(b) of this title.

Pars. (3) to (9). Pub. L. 115–424, § 2(b), redesignated pars. (4), (5), and (7) to (9) as (3) to (7), respectively, added par. (8), and struck out former pars. (3) and (6) which defined the terms “board” and “Director”, respectively.

2015

Par. (5). Pub. L. 114–22 inserted “, including human trafficking and the production of child pornography” before semicolon at end.

Credits

1992–2023 · 4 acts
  1. 1992Pub. L. 101–647, title II, § 212, as added Pub. L. 102–586, § 6(b)(2), , 106 Stat. 5029
  2. 2015amended Pub. L. 114–22, title I, § 104(1), , 129 Stat. 236
  3. 2019Pub. L. 115–424, § 2(b), (h)(1), , 132 Stat. 5465, 5470
  4. 2023Pub. L. 117–354, § 3(2), , 136 Stat. 6274.
Show as published

(Pub. L. 101–647, title II, § 212, as added Pub. L. 102–586, § 6(b)(2), , 106 Stat. 5029; amended Pub. L. 114–22, title I, § 104(1), , 129 Stat. 236; Pub. L. 115–424, § 2(b), (h)(1), , 132 Stat. 5465, 5470; Pub. L. 117–354, § 3(2), , 136 Stat. 6274.)

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