Title 42 — The Public Health and Welfare

Chapter 67 — Child Abuse Prevention and Treatment and Adoption Reform

§ 5105. Research and assistance activities

Statutory text

Research

Topics

The Secretary shall, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research, including longitudinal research, that is designed to provide information needed to better protect children from child abuse or neglect and to improve the well-being of victims of child abuse or neglect, with at least a portion of such research being field initiated. Such research program may focus on—

the nature and scope of child abuse and neglect;

causes, prevention, assessment, identification, treatment, cultural and socio-economic distinctions, and the consequences of child abuse and neglect, including the effects of child abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed;

effective approaches to improving the relationship and attachment of infants and toddlers who experience child abuse or neglect with their parents or primary caregivers in circumstances where reunification is appropriate;

appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisciplinary, coordinated decisionmaking procedures with respect to cases of child abuse and neglect;

the evaluation and dissemination of best practices, including best practices to meet the needs of special populations, consistent with the goals of achieving improvements in the child protective services systems of the States in accordance with paragraphs (1) through (14) of section 5106a(a) of this title;

effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems;

effective practices and programs to improve activities such as identification, screening, medical diagnosis, forensic diagnosis, health evaluations, and services, including activities that promote collaboration between—

the child protective service system; and

the medical community, including providers of mental health and developmental disability services; and

providers of early childhood intervention services and special education for children who have been victims of child abuse or neglect;

an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources;

effective collaborations, between the child protective system and domestic violence service providers, that provide for the safety of children exposed to domestic violence and their nonabusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families;

the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low-income children who need health services, including mental health services;

the impact of child abuse and neglect on the incidence and progression of disabilities;

the nature and scope of effective practices relating to differential response, including an analysis of best practices conducted by the States;

child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawaiians, including providing recommendations for improving the collection of child abuse and neglect data from Indian tribes and Native Hawaiian communities;

the information on the national incidence of child abuse and neglect specified in clauses (i) through (x) 1 of subparagraph (O); and

the national incidence of child abuse and neglect, including—

the extent to which incidents of child abuse and neglect are increasing or decreasing in number and severity;

the incidence of substantiated and unsubstantiated reported child abuse and neglect cases;

the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions;

the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect;

the extent to which the lack of adequate resources and the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse and neglect;

the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement;

the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect;

the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care;

the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year;

the extent to which reports of suspected or known instances of child abuse or neglect involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, are being screened out solely on the basis of the cross-jurisdictional complications; and

the incidence and outcomes of child abuse and neglect allegations reported within the context of divorce, custody, or other family court proceedings, and the interaction between this venue and the child protective services system.

Research

The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in clauses (i) through (xi) of paragraph (1)(O).

Report

Not later than 4 years after December 20, 2010, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2).

 2 Priorities

In general

The Secretary shall establish research priorities for making grants or contracts for purposes of carrying out paragraph (1).

Public comment

Not later than 1 years 3 after December 20, 2010, and every 2 years thereafter, the Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph (A) and maintain an official record of such public comment.

 ² Study on shaken baby syndrome

The Secretary shall conduct a study that—

identifies data collected on shaken baby syndrome;

determines the feasibility of collecting uniform, accurate data from all States regarding—

incidence rates of shaken baby syndrome;

characteristics of perpetrators of shaken baby syndrome, including age, gender, relation to victim, access to prevention materials and resources, and history of substance abuse, domestic violence, and mental illness; and

characteristics of victims of shaken baby syndrome, including gender, date of birth, date of injury, date of death (if applicable), and short- and long-term injuries sustained.

Provision of technical assistance

In general

The Secretary shall provide technical assistance to State and local public and private agencies and community-based organizations, including disability organizations and persons who work with children with disabilities and providers of mental health, substance abuse treatment, and domestic violence prevention services, to assist such agencies and organizations in planning, improving, developing, and carrying out programs and activities, including replicating successful program models, relating to the prevention, assessment, identification, and treatment of child abuse and neglect.

Evaluation

Such technical assistance may include an evaluation or identification of—

various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases;

ways to mitigate psychological trauma to the child victim;

effective programs carried out by the States under this subchapter and subchapter III; and

effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages.

Dissemination

The Secretary may provide for and disseminate information relating to various training resources available at the State and local level to—

individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and

appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, child welfare, substance abuse, and domestic violence services personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.

Authority to make grants or enter into contracts

In general

The functions of the Secretary under this section may be carried out either directly or through grant or contract.

Duration

Grants under this section shall be made for periods of not more than 5 years.

Preference for long-term studies

In making grants for purposes of conducting research under subsection (a), the Secretary shall give special consideration to applications for long-term projects.

Peer review for grants

Establishment of peer review process

In general

To enhance the quality and usefulness of research in the field of child abuse and neglect, the Secretary shall, in consultation with experts in the field and other Federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for assistance through a grant or contract under this section and determining the relative merits of the project for which such assistance is requested.

Members

In establishing the process required by subparagraph (A), the Secretary shall only appoint to the peer review panels members who—

are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise related to the applications to be reviewed; and

are not individuals who are officers or employees of the Administration for Children and Families.

Meetings

The peer review panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but shall meet not less often than once a year.

Criteria and guidelines

The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines in the review of the applications for grants and contracts.

Review of applications for assistance

Each peer review panel established under paragraph (1)(A) that reviews any application for a grant shall—

determine and evaluate the merit of each project described in such application;

rank such application with respect to all other applications it reviews in the same priority area for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested; and

make recommendations to the Secretary concerning whether the application for the project shall be approved.

The Secretary shall award grants under this section on the basis of competitive review.

Notice of approval

Meritorious projects

The Secretary shall provide grants and contracts under this section from among the projects which the peer review panels established under paragraph (1)(A) have determined to have merit.

Explanation

In the instance in which the Secretary approves an application for a program without having approved all applications ranked above such application (as determined under paragraph (2)(B)), the Secretary shall append to the approved application a detailed explanation of the reasons relied on for approving the application and for failing to approve each pending application that is superior in merit, as indicated on the list under paragraph (2)(B).

Demonstration programs and projects

The Secretary may award grants to, and enter into contracts with, entities that are States, Indian tribes or tribal organizations, or public or private agencies or organizations (or combinations of such entities) for time-limited, demonstration projects for the following:

Promotion of safe, family-friendly physical environments for visitation and exchange

The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family-friendly physical environments—

for court-ordered, supervised visitation between children and abusing parents; and

to facilitate the safe exchange of children for visits with noncustodial parents in cases of domestic violence.

Education identification, prevention, and treatment

The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with child care and early childhood education and care providers, preschools, and elementary and secondary schools.

Risk and safety assessment tools

The Secretary may award grants under this subsection to entities for projects that provide for the development of research-based strategies for risk and safety assessments relating to child abuse and neglect.

Training

The Secretary may award grants under this subsection to entities for projects that involve research-based strategies for innovative training for mandated child abuse and neglect reporters.

Footnotes

1 So in original. Probably should refer to clauses (i) through (xi).
2 So in original. There are two pars. designated “(4)”.
3 So in original. Probably should be “year”.

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.

1974
Child Abuse Prevention and Treatment Act
Pub. L. 93–247 title I § 104 · [88 Stat. 4]
Enacted · 42 U.S.C. § 5105
Pub. L. 93–247, title I, § 104, formerly § 6, Jan. 31, 1974, 88 Stat. 7
Target inherited from the preceding amendment note.
Source evidence
Code source credit
Pub. L. 93–247, title I, § 104, formerly § 6, Jan. 31, 1974, 88 Stat. 7
Enacted provision · exact public law section
Sec. 6. advisory board on child abuse and neglect (a) The Secretary shall, within sixty days after the date of 42 USC 5105. enactment of this Act, appoint an Advisory Board on Child Abuse and Neglect (hereinafter referred to as the “Advisory Board”), which shall be composed of representatives from Federal agencies with Membership. responsibility for programs and activities related to child abuse and neglect, including the Office of Child Development, the Office of Education, the, National Institute of Education, the National Institute, of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration. The Advisory Board shall assist the Secretary Functions. in coordinating programs and activities related to child abuse and neglect administered or assisted under this Act with such programs and activities administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. The Advisory Board shall also assist the Secretary in the development of Federal standards for child abuse and neglect prevention and treatment programs and projects. Report to President and Congress.(b) The Advisory Board shall prepare and submit, within eighteen months after the date of enactment of this Act, to the President and to the Congress a report on the programs assisted under this Act and the programs, projects, and activities related to child abuse and neglect administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. Such report shall include a study of the relationship between drug addiction and child abuse and neglect. (c) Of the funds appropriated under section 5, one-half of 1 per centum, or $1,000,000, whichever is the lesser, may be used by the Secretary only for purposes of the report under subsection (b).
1978
Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
Pub. L. 95–266 § 105(1) · 92 Stat. 205
Inserted · 42 U.S.C. § 5105(a)
Pub. L. 95–266, § 105(1), (2), inserted requirement for representation from the general public, and “planned,” before “administered” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–266, § 105(1), (2), inserted requirement for representation from the general public, and “planned,” before “administered” in two places.
Enacted provision · exact public law section
(1) inserting before the period at the end of the first sentence in subsection (a) a comma and “and not less than three members from the general public with experience or expertise in the field of child abuse and neglect”;
1978
Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
Pub. L. 95–266 § 105(3) · 92 Stat. 205
Substituted · 42 U.S.C. § 5105(b)
Pub. L. 95–266, § 105(3), substituted provisions relating to review of the plan by the Advisory Board and submission to the President and Congress of a final plan, for provisions relating to a report by the Advisory Board on assisted programs, etc., and submission to the President and Congress
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–266, § 105(3), substituted provisions relating to review of the plan by the Advisory Board and submission to the President and Congress of a final plan, for provisions relating to a report by the Advisory Board on assisted programs, etc., and submission to the President and Congress.
Enacted provision · exact public law section
(3) striking out subsection (b) and subsection (c) and inserting in lieu thereof the following new subsections: Plan, submittal to President and Congress.42 USC 5101.“(b) The Advisory Board shall review the comprehensive plan submitted to it by the Center pursuant to section 2(b)(7), make such changes as it deems appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after the effective date of this subsection. Compensation.“(c) Members of the Advisory Board, other than those regularly employed by the Federal Government, while serving on business of the Advisory Board, shall be entitled to receive compensation at a rate not in excess of the daily equivalent payable to a GS–18 employee under section 5332 of title 5, United States Code, including traveltime; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title for persons in the Government service employed intermittently.”.
1978
Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
Pub. L. 95–266 § 105(3) · 92 Stat. 205
Substituted · 42 U.S.C. § 5105(c)
Pub. L. 95–266, § 105(3), substituted provisions setting forth compensation and travel expense allowance authorizations for members of the Board, for provisions authorizing use of appropriated funds for required report
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–266, § 105(3), substituted provisions setting forth compensation and travel expense allowance authorizations for members of the Board, for provisions authorizing use of appropriated funds for required report.
Enacted provision · exact public law section
(3) striking out subsection (b) and subsection (c) and inserting in lieu thereof the following new subsections: Plan, submittal to President and Congress.42 USC 5101.“(b) The Advisory Board shall review the comprehensive plan submitted to it by the Center pursuant to section 2(b)(7), make such changes as it deems appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after the effective date of this subsection. Compensation.“(c) Members of the Advisory Board, other than those regularly employed by the Federal Government, while serving on business of the Advisory Board, shall be entitled to receive compensation at a rate not in excess of the daily equivalent payable to a GS–18 employee under section 5332 of title 5, United States Code, including traveltime; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of such title for persons in the Government service employed intermittently.”.
1984
Child Abuse Amendments of 1984
Pub. L. 98–457 § 105(a) · 98 Stat. 1749
1. Struck · 42 U.S.C. § 5105(a)
  Pub. L. 98–457, § 105(a), (b), struck out “, including the Office of Child Development, the Department of Education, the National Institute of Education, the National Institute of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration,” before “and not less than three members”
2. Inserted · 42 U.S.C. § 5105(a)
  Pub. L. 98–457, § 105(a), (b), inserted provision that the Advisory Board may be available, at the Secretary’s request, to assist the Secretary in coordinating adoption-related activities of the Federal Government
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–457, § 105(a), (b), struck out “, including the Office of Child Development, the Department of Education, the National Institute of Education, the National Institute of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration,” before “and not less than three members”, and inserted provision that the Advisory Board may be available, at the Secretary’s request, to assist the Secretary in coordinating adoption-related activities of the Federal Government.
Enacted provision · exact public law section
(a) The first sentence of section 6(a) of the Act is 42 USC 5105. amended by striking out “including” and ail that follows thereafter through “Administration,”.
1984
Child Abuse Amendments of 1984
Pub. L. 98–457 § 105(c) · 98 Stat. 1749
1. Redesignated · 42 U.S.C. § 5105(b); 42 U.S.C. § 5105(c)
  Pub. L. 98–457, § 105(c), redesignated subsec. (c) as (b)
2. Struck · 42 U.S.C. § 5105(b); 42 U.S.C. § 5105(c)
  Pub. L. 98–457, § 105(c), struck out former subsec. (b) which required the Board to review the comprehensive plan submitted to it by the Center pursuant to section 5101(b)(7) of this title, make such changes as it deemed appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after April 24, 1978
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 98–457, § 105(c), redesignated subsec. (c) as (b) and struck out former subsec. (b) which required the Board to review the comprehensive plan submitted to it by the Center pursuant to section 5101(b)(7) of this title, make such changes as it deemed appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after April 24, 1978.
Enacted provision · exact public law section
(c) (1) Section 6(b) of the Act is repealed. (2) Subsection (c) of section 6 of the Act is redesignated as subsection (b),
1986
Children’s Justice Act
Pub. L. 99–401 § 104(1) · 100 Stat. 903
Inserted · 42 U.S.C. § 5105(a)
Pub. L. 99–401, § 104(1), inserted after first sentence “The Advisory Board shall meet at least every six months.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–401, § 104(1), inserted after first sentence “The Advisory Board shall meet at least every six months.”
Enacted provision · exact public law section
(1) by inserting after the first sentence “The Advisory Board shall meet at least every six months.”; and
1986
Children’s Justice Act
Pub. L. 99–401 § 104(2) · 100 Stat. 903
Inserted · 42 U.S.C. § 5105(a)
Pub. L. 99–401, § 104(2), which directed that subsec. (a) be amended by inserting “in order to prevent unnecessary duplication of such programs, to ensure efficient allocation of resources, and to assure that programs effectively address all aspects of the child abuse problem” after “Board” in second sentence, was executed by inserting provision after “Advisory Board” the first time that term appeared in what constituted the second sentence before a new second sentence was added by section 104(1) of Pub. L. 99–401
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–401, § 104(2), which directed that subsec. (a) be amended by inserting “in order to prevent unnecessary duplication of such programs, to ensure efficient allocation of resources, and to assure that programs effectively address all aspects of the child abuse problem” after “Board” in second sentence, was executed by inserting provision after “Advisory Board” the first time that term appeared in what constituted the second sentence before a new second sentence was added by section 104(1) of Pub. L. 99–401.
Enacted provision · exact public law section
(2) in the second sentence by inserting “in order to prevent unnecessary duplication of such programs, to ensure efficient allocation of resources, and to assure that programs effectively address all aspects of the child abuse problem” after “Board”.
1988
Child Abuse Prevention, Adoption, and Family Services Act of 1988
Pub. L. 100–294 title I § 101 · 102 Stat. 102
1. Amended · 42 U.S.C. § 5105
  Pub. L. 100–294 amended section generally
2. Substituted · 42 U.S.C. § 5105
  Pub. L. 100–294 substituting provisions relating to research and assistance activities of the National Center on Child Abuse and Neglect for provisions relating to Advisory Board on Child Abuse and Neglect. See section 5102 of this title
Source evidence
Code amendment note
Pub. L. 100–294 amended section generally, substituting provisions relating to research and assistance activities of the National Center on Child Abuse and Neglect for provisions relating to Advisory Board on Child Abuse and Neglect. See section 5102 of this title.
Enacted provision · exact public law section
SEC. 101. AMENDMENT TO THE CHILD ABUSE PREVENTION AND TREATMENT 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 demonstration or service programs and projects. “Sec. 8. Grants to States for child abuse and neglect prevention and treatment programs. “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 prosecution 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. “SEC. 2. NATIONAL CENTER ON CHILD ABUSE AND NEGLECT. “(a) Establishment.— The Secretary of Health and Human Services 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 Director 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 relating 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. “(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 Federal Register, publication. a notice in the Federal Register soliciting nominations for the appointments required by subsection (a). “(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 individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent— “(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. “(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 two 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 appointment 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). “(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), members 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 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 authorized 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. INTER-AGENCY TASK FORCE ON CHILD ABUSE AND NEGLECT. “(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 programs and activities related to child abuse and neglect. “(c) Chairperson.— The task force shall be chaired by the Director. “(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 organizations which have responsibilities for programs and activities related to child abuse and neglect, and submit such plan to such Advisory Board not later than 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 CHILD ABUSE. “(a) Establishment.— Before the end of the 2-year period beginning Contracts. 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 success with respect to the prevention, identification, and treatment 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 determined 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, coordinates existing State, regional, and local data systems; and “(4) solicit public comment on the components of such clearinghouse. “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, conduct research on— “(A) the causes, prevention, identification, and treatment of child abuse and neglect; “(B) appropriate and effective investigative, administrative, 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 proceedings or criminal proceedings, including the number of such cases with respect to which the court makes a finding that abuse or neglect exists and the disposition of such cases. “(2) Priorities.— (A) The Secretary shall establish research 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— “(i) publish proposed priorities in the Federal Register for Federal Register, publication. public comment; and “(ii) allow not less than 60 days for public comment on such proposed priorities. “(b) Publication and Dissemination of Information.— The Secretary shall, through the Center— “(1) as a part of research activities establish a national data Reports. collection and analysis program, which, to the extent practical, coordinates existing State child abuse and neglect reports and which shall include— “(A) standardized data on false, unfounded, or unsubstantiated reports; and “(B) information on the number of deaths due to child abuse and neglect; “(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 of— “(A) various methods and procedures for the investigation 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 judicial 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, Handicapped persons. 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 mechanisms 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 Secretary shall give special consideration to applications for long-term projects. “(e) Peer Review for Grants.— “(1) Establishment of peer review process.— (A) The Secretary 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 include 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 assistance shall— “(A) determine the merit of each project described in such application; and “(B) rank such application with respect to all other applications it reviews in the same priority area for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested. “(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 applications 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 pending 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 PROGRAMS 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; “(2) staffed by multidisciplinary teams of personnel trained in the prevention, identification, and treatment of child abuse and neglect; and “(3) providing advice and consultation to individuals, agencies, and organizations which request such services. “(c) Discretionary Grants.— In addition to grants or contracts Education. 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 children Handicapped persons. from child abuse and neglect to children and to persons responsible for the welfare of children, including parents of and persons who work with children with handicaps. “(2) Such other innovative programs and projects as the Alcohol and alcoholic beverages. Drugs and drug abuse. 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 populations 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, prevention, and treatment services in cooperation with preschool and elementary and secondary schools. “(4) Respite and crisis nursery programs provided by community-based organizations under the direction and supervision of hospitals. “(5) Respite and crisis nursery programs provided by community-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 provided 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 as appropriate by the grantee, provided under a grant received under this paragraph shall be hospital-based and shall consist of— “(i) the provision of notice to parents that information relating to community services is available; “(ii) the provision of appropriate information to parents of a child with handicaps regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child; “(iii) the provision of appropriate information to parents of a child who has been neglected or abused regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child and reduce the possibility of abuse or neglect; “(iv) the provision of appropriate follow-up services to parents of a child described in subparagraph (B) after the child has left the hospital; and “(v) where necessary, assistance in coordination of community services available to parents of children described in subparagraph (B). The grantee shall assure that parental involvement described in this subparagraph is voluntary. “(D) For purposes of this paragraph, a qualified grantee is a 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 paragraph that is approved by the Secretary; “(iii) maintains an office in the hospital involved for purposes of providing services under such grant; “(iv) provides assurances to the Secretary that in the conduct of the project the confidentiality of medical, social, and personal information concerning any person described in subparagraph (A) or (B) shall be maintained, and shall be disclosed only to qualified persons providing required services described in subparagraph (C) for purposes relating to conduct of the project; and “(v) assumes legal responsibility for carrying out the terms and conditions of the grant. “(E) In awarding grants under this paragraph, the Secretary shall— “(i) give priority under this section for two grants under this paragraph, provided that one grant shall be made to provide services in an urban setting and one grant shall be made to provide services in rural setting; and “(ii) encourage qualified grantees to combine the amounts received under the grant with other funds available to such grantees. “(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. “SEC. 8. GRANTS TO STATES FOR CHILD ABUSE AND NEGLECT PREVENTION 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— “(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 suspected 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 prevention 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 Classified information. 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 neglected 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 efforts Public Information. 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 available to combat instances of child abuse and neglect; “(9) to the extent feasible, ensure that parental organizations combating child abuse and neglect receive preferential treatment; and “(10) have in place for the purpose of responding to the Handicapped persons. reporting of medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for— “(A) coordination and consultation with individuals designated by and within appropriate health-care facilities; “(B) prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from disabled infants with life-threatening conditions); and “(C) authority, under State law, for the State child protective 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 subsection, 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 subsection, 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 legislature, whichever is earlier. “(B) This provision shall be effective retroactively to October 1, 1986. “(3) Requirements under subsection (b)(10).— 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 determines that extraordinary reasons justify the failure to so obligate. “(e) Restrictions Relating to Child Welfare Services.— Programs or projects relating to child abuse and neglect assisted under part B of title IV of the Social Security Act shall comply with the requirements set forth in paragraphs (1)(A), (2), (4), (5), and (10) of subsection (b). “(f) Compliance and Education Grants.— The Secretary is authorized Handicapped persons. to make grants to the States for purposes of developing, implementing, or operating— “(1) the procedures or programs required under subsection (b)(10); “(2) information and education programs or training programs designed to improve the provision of services to disabled infants with life-threatening conditions for— “(A) professional and para professional personnel concerned with the welfare of disabled infants with life-threatening conditions, including personnel employed in child protective services programs and health-care facilities; and “(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 PREVENTION AND TREATMENT PROGRAMS. “(a) Training and Technical Assistance.— The Secretary shall Grants. Contracts. 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 Public information. Handicapped persons. 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 physicians; and “(B) attempting to coordinate the availability of appropriate Education. 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 INVESTIGATION 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— “(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) Eligibility 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— “(A) make such reports to the Secretary as may reason-ably be required; and “(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 involved 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 described in subsection (e). The task force may make such other comments and recommendations as are considered relevant and useful. “(e) Adoption of State Task Force Recommendations.— “(1) General rule.— Subject to the provisions of paragraph (2), before a State receives assistance under this section, a State shall adopt recommendations of the State task force in each of the following categories— “(A) investigative, administrative, and judicial handling of cases of child abuse, 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 development. for testing innovative approaches and techniques which 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 children 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 if— “(A) the State adopts an alternative to the recommendations of the State task force, which carries out the purpose of this section, in each of the categories under paragraph (1) for which the State task force’s recommendations are not adopted; or “(B) the State is making substantial progress toward adopting recommendations of the State task force or a comparable alternative to such recommendations. “(f) Funds Available.— For grants under this section, the Secretary shall use the amount authorized by section 1404A of the Victims of Crime Act of 1984. “SEC. 11. MISCELLANEOUS REQUIREMENTS RELATING TO ASSISTANCE. “(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 available, for the lease or rental of facilities; or “(B) for the repair or minor remodeling or alteration of existing facilities. “(b) Geographical Distribution.— The Secretary shall establish Urban areas. Rural areas. 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 Research and development. Grants. 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. “SEC. 12. COORDINATION OF CHILD ABUSE AND NEGLECT PROGRAMS. Regulations. “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 Assistance.— 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 treatment, or maltreatment of a child by a person who is responsible for the child’s welfare, under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary; “(5) the term ‘person who is responsible for the child’s welfare’ includes— “(A) any employee of a residential facility; and “(B) any staff person providing out-of-home care; “(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 “(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 nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician’s or physicians’ reasonable medical judgment— “(A) the infant is chronically and irreversibly comatose; “(B) the provision of such treatment would— “(i) merely prolong dying; “(ii) not be effective in ameliorating or correcting all of the infant’s life-threatening conditions; or “(iii) otherwise be futile in terms of the survival of the infant; or “(C) the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane. “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 Grants. Contracts. 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 Services) of national or regional scope and demonstrated effectiveness, (2) $5,000,000 shall be available in each such year for grants and contracts under section 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 remainder, one-half shall be available as provided for in clause (2) and one-half as provided for in clause (3) in the preceding sentence. “(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.”.
1989
Child Abuse Prevention Challenge Grants Reauthorization Act of 1989
Pub. L. 101–126 § 3(b)(3) · 103 Stat. 764
Changed · 42 U.S.C. § 5105(a)(2)(A); 42 U.S.C. § 5105(a)(b)(3)
Pub. L. 101–126, § 3(b)(3), made technical amendments to references to sections 5104, 5106, and 5106c of this title to reflect renumbering of corresponding sections of original act
Source evidence
Code amendment note
Subsecs. (a)(2)(A), (b)(3). Pub. L. 101–126, § 3(b)(3), made technical amendments to references to sections 5104, 5106, and 5106c of this title to reflect renumbering of corresponding sections of original act.
Enacted provision · exact public law section
(3) in section 105— (A) in subsection (a)(2)(A), by striking “section 7” and inserting “section 106”; and (B) in subsection (b)(3), by striking “section 5” and “section 10” and inserting “section 104” and “section 109”, respectively;
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(a)(1) · 106 Stat. 187
Substituted · 42 U.S.C. § 5105(a)(1)(A)
Pub. L. 102–295, § 112(a)(1), substituted “, treatment and cultural distinctions of” for “and treatment of”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 102–295, § 112(a)(1), substituted “, treatment and cultural distinctions of” for “and treatment of”.
Enacted provision · exact public law section
(1) in subparagraph (A), by striking “and treatment of” and inserting “, treatment and cultural distinctions of”;
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(a)(2) · 106 Stat. 187
Substituted · 42 U.S.C. § 5105(a)(1)(B)
Pub. L. 102–295, § 112(a)(2), substituted “appropriate, effective and culturally sensitive” for “appropriate and effective”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 102–295, § 112(a)(2), substituted “appropriate, effective and culturally sensitive” for “appropriate and effective”.
Enacted provision · exact public law section
(2) in subparagraph (B), by striking “appropriate and effective” and inserting “appropriate, effective and culturally sensitive”; and
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 title I · 106 Stat. 187
Substituted · 42 U.S.C. § 5105(a)(1)(C)(ii)
Pub. L. 102–295, §§ 112(a)(3), 141(5), substituted “child support, cultural diversity, disabilities” for “child support, handicaps”
Source evidence
Code amendment note
Subsec. (a)(1)(C)(ii). Pub. L. 102–295, §§ 112(a)(3), 141(5), substituted “child support, cultural diversity, disabilities” for “child support, handicaps”.
Enacted provision · exact public law
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 amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered 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: “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 families fail to receive adequate protection or treatment; “(3) the problem of child abuse and neglect requires a comprehensive approach that— “(A) integrates the work of social service, legal, health, mental health, education, and substance abuse agencies and organizations; “(B) strengthens coordination among all levels of government, and with private agencies, civic, religious, and professional organizations, and individual volunteers; “(C) emphasizes the need for abuse and neglect prevention, investigation, and treatment at the neighborhood level; “(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 and neglect threatens the futures of tens of thousands of children and results in a cost to the Nation of billions of dollars in direct expenditures for health, social, and special educational services and ultimately in the loss of work productivity; “(5) all elements of American society have a shared responsibility in responding to this national child and family emergency; “(6) substantial reductions in the prevalence and incidence of child abuse and neglect and the alleviation of its consequences are matters of the highest national priority; “(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 children 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 aid 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 community in the United States has the fiscal, human, and technical resources necessary 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 communities; “(D) allocating sufficient financial resources to assist States in implementing community plans; “(E) helping communities to carry out their child protection plans by promoting the competence of professional, paraprofessional, and volunteer resources; and “(F) providing leadership to end the abuse and neglect of the nation’s children and youth.”. (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.”. 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 paragraph (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: “(4) not later than 24 months after the date of the enactment of the Child Abuse Programs, Adoption Opportunities, and Family 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 programs 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(a)(1) (42 U.S.C. 5105(a)(1)) is amended— (1) in subparagraph (A), by striking “and treatment of” and inserting “, treatment and cultural distinctions of”; (2) in subparagraph (B), by striking “appropriate and effective” and inserting “appropriate, effective and culturally sensitive”; and (3) in subparagraph (C)(ii), by inserting “cultural diversity,” after “child support,”. (b) Publication and Dissemination of Information.— Section 105(b)(1) (42 U.S.C. 5105(b)(1)) 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 “(B) which shall collect, compile, analyze, and make available State child abuse and neglect reporting information which, to the extent practical, is universal and case specific, and integrated with other case-based foster care and adoption 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 who are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed, and who are not individuals who are officers or employees of the Office of Human Development. The panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but may not meet less than once a year.”; (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 subparagraph: “(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 (1)(A) have determined to have merit.”. SEC. 113. GRANTS TO PUBLIC 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 “Secretary” 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 contracts Contracts. 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 percentage 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.”. (b) Discretionary Grants.— Section 106(c)(1) (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 semicolon 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 children, youth and family service organizations in order to prevent child abuse and neglect through collaborative analysis of current recruitment, selection, and training programs and development of model programs for dissemination and replication nationally.”. SEC. 114. 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, acting through the Center, shall make grants to the States, based on the population of children under the age of 18 in each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective 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, decisionmaking, public awareness, and training of staff; “(2) (A) investigating such reports through improving response time, decision making, 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 preparation and representation; “(3) case management and delivery services provided to families through the improvement of response time in service provision, improving the training of staff, and increasing the numbers of families to be served; “(4) enhancing the general child protective system by improving 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, and 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 subsections (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 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 from 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 funds from the grant, 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.— The types and frequency of pre-service and in-service training programs available to support direct line and supervisory personnel in report-taking, screening, decisionmaking, 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 obligated 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 agency response time to each with respect to initial investigation, the number of substantiated and unsubstantiated 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 number of reports investigated 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 formal policies governing interagency relationships exist in the following areas— “(i) multidisciplinary investigation teams among child welfare and law enforcement agencies; “(ii) interagency coordination for the prevention, intervention and treatment of child abuse and neglect among agencies responsible for child protective services, criminal justice, schools, health, mental health, and substance abuse; and “(iii) special interagency child fatality review panels, including a listing of those agencies that are involved. “(D) Training.— The types and frequency of pre-service and in-service training programs available to support direct line and supervisory personnel in such areas as investigation, risk assessment, court preparation, and referral to and provision of services. “(E) Legal representation.— A description of the State agency’s current capacity for legal representation, including the manner in which 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 investigation of reports of child abuse and neglect. “(C) Training.— The types and frequency of pre-service and in-service training programs available to support direct line and supervisory personnel in such areas as risk assessment, court preparation, provision of services and determination 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 current automated systems for tracking reports of child abuse and neglect from intake through final 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 and neglect, determining whether child abuse and neglect has occurred, and assessing the appropriate 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. “(D) Staff capacity and competence.— An assessment of basic and specialized training needs of all staff and current training provided staff. Assessment of the competencies of staff with respect to minimum knowledge in areas such as child development, cultural and ethnic diversity, functions and relationship of other systems to child protective services and in specific skills such as interviewing, assessment, and decision making relative to the child and family, and the need for training consistent with such minimum competencies. “(5) Innovative approaches.— A description of— “(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 development 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 “subsection (a)”. (d) Delayed Effective Date for New Requirements.— The 42 USC 5106a note. 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 Treatment 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. 115. EMERGENCY GRANT PROGRAM. (a) In General.— Section 107A(e) (42 U.S.C. 5106a–1(e)) is amended by striking out “and such sums” and all that follows through the end thereof and inserting “such sums as may be necessary 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 lieu 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: “(1) the handling of child abuse and neglect cases, particularly cases of child sexual abuse and exploitation, in a manner which limits additional trauma to the child victim; “(2) the handling of cases of suspected child abuse or neglect related fatalities; and “(3) the investigation and prosecution of cases of child abuse and neglect, particularly child sexual abuse and exploitation.”; (3) in subsection (b)— (A) by striking out “and 107(e) or receive a waiver under section 107(c)” in paragraph (1); (B) by striking out “and” at the end of paragraph (3); (C) by inserting “annually” after “submit” in paragraph (D) by striking out the period at the end thereof and inserting the following: “; and “(5) submit annually to the Secretary a report on the manner in which assistance received under this program was expended throughout the State, with particular attention focused on the areas described in paragraphs (1) through (3) of subsection (a).”: (4) in subsection (c)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting “, and maintain” after “designate”; and (ii) by striking out “child abuse” and inserting in lieu thereof “child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities”; (B) by striking out “judicial and legal officers”, in subparagraph (B) and inserting in lieu thereof “judges and attorneys involved in both civil and criminal court proceedings 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 lieu 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 “judicial” and all that follows in paragraph (1), and inserting in lieu thereof the following: “both civil and criminal judicial handling of cases of child abuse and neglect, particularly child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as interstate, Federal-State, and State-Tribal;”; (C) by inserting “policy and training” before “recommendations” in paragraph (2); and (6) in subsection (e)(i)— (A) by striking out “child abuse” and all that follows through “child victim” in subparagraph (A), and inserting in lieu thereof the following: “child abuse and neglect, particularly child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as interstate, Federal-State, and State-Tribal, in a manner which reduces the additional trauma to the child victim and the victim’s family”; (B) by striking out “improve the rate” and all that follows through “abuse cases” in subparagraph (B), and inserting in lieu 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 enhancement 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 neglect cases.”. SEC. 117. AUTHORIZATION 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 appropriated to carry out this title, except for section 107A, $100,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995. “(2) Allocations.— “(A) Of the amounts appropriated under paragraph (1) for a fiscal year, $5,000,000 shall be available for the purpose of making additional grants to the States to carry out the provisions of section 107(g). “(B) Of the amounts appropriated under paragraph (1) for a fiscal year and available after compliance with subparagraph (A)— “(i) 33 ⅓ percent shall be available for activities under sections 104, 105 and 106; and “(ii) 66 ⅔ 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 USC 5106h note. as amended by subsection (a), shall become effective on October 1 of the first fiscal year for which $30,000,000 or more would be available under subsection (a)(2)(B)(ii) of such section 114 (if such subsection were in effect), and until such fiscal year, the second and third sentences of section 114(a) (as in effect prior to the amendment made by such subsection (a)) shall continue in effect. Subtitle C— Community-Based Prevention Grants SEC. 121. TITLE HEADING AND PURPOSE. (a) Title 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. 201. 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 neglect prevention activities.”. SEC. 122. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS. Section 203 (42 U.S.C. 5116b) is amended— (1) by striking out subsection (b); (2) by redesignating subsection (c) as subsection (b); and (3) in subsection (b) (as so redesignated), by striking out “such sums” and all that follows through the period and inserting 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 ELIGIBILITY. Section 204 (42 U.S.C. 5116c) is amended— (1) by striking out “or other funding mechanism”; and (2) by 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 making funding available only for the broad range of child abuse and neglect prevention activities.”. SEC. 124. LIMITATIONS. Section 205 (42 U.S.C. 5116d) is amended— (1) by striking out paragraph (1) of subsection (a) and inserting in lieu 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 the number of children under the age of 18 in each such State, except that each State shall receive not less than $30,000; and “(ii) the remaining 50 percent of the total amount appropriated is allotted in an amount equal to 25 percent 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 amounts.— 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 appropriated under section 203(b) exceed $10,000,000.”; and (2) in subsection (b)(1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (F) and (G), respectively; and (B) by inserting after subparagraph (A), the following new subparagraphs: “(B) demonstrate coordination with other child abuse and neglect prevention activities and agencies at the State and local levels; “(C) demonstrate the outcome of services and activities funded under this title; “(D) provide evidence that Federal assistance received under this title has been supplemented with non-Federal public and private assistance (including in-kind contributions) 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 supplemental support required under subparagraph (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 Families or Families at Risk of Homelessness SEC. 131. AUTHORIZATION OF APPROPRIATIONS. 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) by striking “handicapped child” each place such term appears and inserting “child with disabilities”; (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”; and (5) in the case of any variation of a term struck by paragraph (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 different 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. SEC. 142 REPORT CONCERNING VOLUNTARY REPORTING SYSTEM. Not later than April 30, 1993, and annually thereafter, the Secretary of Health and Human Services, acting through the Director of the National Center on Child Abuse and Neglect, shall prepare and submit to the appropriate committees of Congress a report concerning the measures being taken to assist States in implementing a voluntary reporting system for child abuse and neglect Such reports shall contain information concerning the extent to which the child abuse and neglect reporting systems developed by the States are coordinated with the automated foster care and adoption reporting system required under section 479 of the Social Security Act.
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(b) · 106 Stat. 187
Amended · 42 U.S.C. § 5105(b)(1)
Pub. L. 102–295, § 112(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a part of research activities establish a national data collection and analysis program, which, to the extent practical, coordinates existing State child abuse and neglect reports and which shall include—
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 102–295, § 112(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a part of research activities establish a national data collection and analysis program, which, to the extent practical, coordinates existing State child abuse and neglect reports and which shall include—
“(A) standardized data on false, unfounded, or unsubstantiated reports; and “(B) information on the number of deaths due to child abuse and neglect;”.
Enacted provision · exact public law section
(b) Publication and Dissemination of Information.— Section 105(b)(1) (42 U.S.C. 5105(b)(1)) 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 “(B) which shall collect, compile, analyze, and make available State child abuse and neglect reporting information which, to the extent practical, is universal and case specific, and integrated with other case-based foster care and adoption data collected by the Secretary:”.
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 141(5) · 106 Stat. 187
Substituted · 42 U.S.C. § 5105(c)
Pub. L. 102–295, § 141(5), substituted “disabilities” for “handicaps”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–295, § 141(5), substituted “disabilities” for “handicaps”.
Enacted provision · exact public law section
(5) in the case of any variation of a term struck by paragraph (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 different 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.
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(c)(1)(A) · 106 Stat. 187
Inserted · 42 U.S.C. § 5105(e)(1)(A)
Pub. L. 102–295, § 112(c)(1)(A), inserted “and reviewing” after “evaluating”
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 102–295, § 112(c)(1)(A), inserted “and reviewing” after “evaluating”.
Enacted provision · exact public law section
(A) in subparagraph (A), by inserting “and reviewing” after “evaluating”; and
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(c)(1)(B) · 106 Stat. 187
Amended · 42 U.S.C. § 5105(e)(1)(B)
Pub. L. 102–295, § 112(c)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Members of peer review panels shall be appointed by the Secretary from among individuals who are not officers or employees of the Office of Human Development Services. In making appointments to such panels, the Secretary shall include only experts in the field of child abuse and neglect.”
Source evidence
Code amendment note
Subsec. (e)(1)(B). Pub. L. 102–295, § 112(c)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Members of peer review panels shall be appointed by the Secretary from among individuals who are not officers or employees of the Office of Human Development Services. In making appointments to such panels, the Secretary shall include only experts in the field of child abuse and neglect.”
Enacted provision · exact public law section
(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 who are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed, and who are not individuals who are officers or employees of the Office of Human Development. The panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but may not meet less than once a year.”;
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(c)(2)(A) · 106 Stat. 187
Inserted · 42 U.S.C. § 5105(e)(2)(A)
Pub. L. 102–295, § 112(c)(2)(A), inserted “and evaluate” after “determine”
Source evidence
Code amendment note
Subsec. (e)(2)(A). Pub. L. 102–295, § 112(c)(2)(A), inserted “and evaluate” after “determine”.
Enacted provision · exact public law section
(A) in subparagraph (A), by inserting “and evaluate” after “determine”; and
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(c)(2)(B) · 106 Stat. 187
Added · 42 U.S.C. § 5105(e)(2)(C)
Pub. L. 102–295, § 112(c)(2)(B), added subpar. (C)
Source evidence
Code amendment note
Subsec. (e)(2)(C). Pub. L. 102–295, § 112(c)(2)(B), added subpar. (C).
Enacted provision · exact public law section
(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 subparagraph: “(C) make recommendations to the Secretary concerning whether the application for the project shall be approved.”; and
1992
Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992
Pub. L. 102–295 § 112(c)(3) · 106 Stat. 187
Amended · 42 U.S.C. § 5105(e)(3)(A)
Pub. L. 102–295, § 112(c)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “At the end of each application process, the Secretary shall make available upon request, no later than 14 days after the request, to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate the list which identifies all applications reviewed by such panel and arranges such applications according to rank determined under paragraph (2) and a list of all applications funded.”
Source evidence
Code amendment note
Subsec. (e)(3)(A). Pub. L. 102–295, § 112(c)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “At the end of each application process, the Secretary shall make available upon request, no later than 14 days after the request, to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate the list which identifies all applications reviewed by such panel and arranges such applications according to rank determined under paragraph (2) and a list of all applications funded.”
Enacted provision · exact public law section
(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 (1)(A) have determined to have merit.”.
1996
Pub. L. 104–235 § 105(f) · 110 Stat. 3063
Struck · 42 U.S.C. § 5105
Pub. L. 104–235, § 105(f), struck out “of the National Center on Child Abuse and Neglect” after “activities” in section catchline
Source evidence
Code amendment note
Pub. L. 104–235, § 105(f), struck out “of the National Center on Child Abuse and Neglect” after “activities” in section catchline.
Enacted provision · exact public law section
(f) Technical Amendment.— Section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended in the section heading by striking “OF THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT”
1996
Pub. L. 104–235 § 105(a)(1)(A) · 110 Stat. 3063
Substituted · 42 U.S.C. § 5105(a)(1)
Pub. L. 104–235, § 105(a)(1)(A), in introductory provisions, substituted “, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on” for “, through the Center, conduct research on”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–235, § 105(a)(1)(A), in introductory provisions, substituted “, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on” for “, through the Center, conduct research on”.
Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A), by striking “, through the Center, conduct research on” and inserting “, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing inter-disciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on”;
1996
Pub. L. 104–235 § 105(a)(1)(C) · 110 Stat. 3063
Redesignated · 42 U.S.C. § 5105(a)(1)(A)
Pub. L. 104–235, § 105(a)(1)(C), added subpar. (A). Former subpar. (A) redesignated (B)
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 104–235, § 105(a)(1)(C), added subpar. (A). Former subpar. (A) redesignated (B).
Enacted provision · exact public law section
(C) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: “(A) the nature and scope of child abuse and neglect;”;
1996
Pub. L. 104–235 § 105(a)(1)(B) · 110 Stat. 3063
1. Redesignated · 42 U.S.C. § 5105(a)(1)(B)
  Pub. L. 104–235, § 105(a)(1)(B), (D), redesignated subpar. (A) as (B)
2. Redesignated · 42 U.S.C. § 5105(a)(1)(B)
  Pub. L. 104–235, § 105(a)(1)(B), (D), amended it generally. Prior to amendment, subpar. (B) read as follows: “the causes, prevention, identification,, treatment and cultural distinctions of child abuse and neglect;”. Former subpar. (B) redesignated (C)
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 104–235, § 105(a)(1)(B), (D), redesignated subpar. (A) as (B) and amended it generally. Prior to amendment, subpar. (B) read as follows: “the causes, prevention, identification,, treatment and cultural distinctions of child abuse and neglect;”. Former subpar. (B) redesignated (C).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (A) through (C) as subparagraph (B) through (D), respectively;
1996
Pub. L. 104–235 § 105(a)(1)(B) · 110 Stat. 3063
Redesignated · 42 U.S.C. § 5105(a)(1)(C)
Pub. L. 104–235, § 105(a)(1)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D)
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 104–235, § 105(a)(1)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Enacted provision · exact public law section
(B) by redesignating subparagraphs (A) through (C) as subparagraph (B) through (D), respectively;
1996
Pub. L. 104–235 § 105(a)(1)(B) · 110 Stat. 3063
1. Redesignated · 42 U.S.C. § 5105(a)(1)(D)
  Pub. L. 104–235, § 105(a)(1)(B), (E), redesignated subpar. (C) as (D)
2. Struck · 42 U.S.C. § 5105(a)(1)(D)
  Pub. L. 104–235, § 105(a)(1)(B), (E), struck out cl. (ii)
3. Redesignated · 42 U.S.C. § 5105(a)(1)(D)
  Pub. L. 104–235, § 105(a)(1)(B), (E), redesignated cl. (iii) as (ii)
4. Amended · 42 U.S.C. § 5105(a)(1)(D)
  Pub. L. 104–235, § 105(a)(1)(B), (E), amended it generally
5. Added · 42 U.S.C. § 5105(a)(1)(D)
  Pub. L. 104–235, § 105(a)(1)(B), (E), added cls. (iii) to (ix). Prior to amendment, cls. (ii) and (iii) read as follows:
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 104–235, § 105(a)(1)(B), (E), redesignated subpar. (C) as (D), struck out cl. (ii), redesignated cl. (iii) as (ii) and amended it generally, and added cls. (iii) to (ix). Prior to amendment, cls. (ii) and (iii) read as follows:
“(ii) the relationship of child abuse and neglect to nonpayment of child support, cultural diversity, disabilities, and various other factors; and “(iii) the incidence of substantiated reported child abuse cases that result in civil child protection proceedings or criminal proceedings, including the number of such cases with respect to which the court makes a finding that abuse or neglect exists and the disposition of such cases.”
Enacted provision · exact public law section
(B) by redesignating subparagraphs (A) through (C) as subparagraph (B) through (D), respectively;
1996
Pub. L. 104–235 § 105(a)(2) · 110 Stat. 3063
1. Struck · 42 U.S.C. § 5105(a)(2)
  Pub. L. 104–235, § 105(a)(2), struck out “and demonstration” after “research”
2. Substituted · 42 U.S.C. § 5105(a)(2)
  Pub. L. 104–235, § 105(a)(2), substituted “paragraph (1)” for “paragraph (1)(A) and activities under section 5106 of this title” in subpar. (A)
3. Struck · 42 U.S.C. § 5105(a)(2)
  Pub. L. 104–235, § 105(a)(2), struck out “and demonstration” after “research” in introductory provisions of subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 104–235, § 105(a)(2), struck out “and demonstration” after “research”, substituted “paragraph (1)” for “paragraph (1)(A) and activities under section 5106 of this title” in subpar. (A) and struck out “and demonstration” after “research” in introductory provisions of subpar. (B).
Enacted provision · exact public law section
(2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking “and demonstration”; and (ii) by striking “paragraph (1)(A) and activities under section 106” and inserting “paragraph (1)”; and (B) in subparagraph (B), by striking “and demonstration”.
1996
Pub. L. 104–235 § 105(b) · 110 Stat. 3063
1. Redesignated · 42 U.S.C. § 5105(b)
  Pub. L. 104–235, § 105(b), (c), redesignated subsec. (c) as (b)(1)
2. Inserted · 42 U.S.C. § 5105(b)
  Pub. L. 104–235, § 105(b), (c), inserted par. heading
3. Struck · 42 U.S.C. § 5105(b)
  Pub. L. 104–235, § 105(b), (c), struck out “, through the Center,” after “Secretary shall”
4. Inserted · 42 U.S.C. § 5105(b)
  Pub. L. 104–235, § 105(b), (c), inserted “State and local” before “public and nonprofit” and “assessment,” before “identification”
5. Added · 42 U.S.C. § 5105(b)
  Pub. L. 104–235, § 105(b), (c), added pars. (2) and (3)
6. Struck · 42 U.S.C. § 5105(b)
  Pub. L. 104–235, § 105(b), (c), struck out heading and text of former subsec. (b) consisting of pars. (1) to (5) which related to publication and dissemination of information
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–235, § 105(b), (c), redesignated subsec. (c) as (b)(1), inserted par. heading, struck out “, through the Center,” after “Secretary shall”, inserted “State and local” before “public and nonprofit” and “assessment,” before “identification”, added pars. (2) and (3), and struck out heading and text of former subsec. (b) consisting of pars. (1) to (5) which related to publication and dissemination of information.
Enacted provision · exact public law section
(b) Repeal.— Subsection (b) of section 105 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(b)) is repealed.
1996
Pub. L. 104–235 § 105(d) · 110 Stat. 3063
Redesignated · 42 U.S.C. § 5105(c)
Pub. L. 104–235, § 105(d), redesignated subsec. (d) as (c) and in par. (2) struck out at end “The Secretary shall review each such grant at least annually, utilizing peer review mechanisms to assure the quality and progress of research conducted under such grant.” Former subsec. (c) redesignated (b)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–235, § 105(d), redesignated subsec. (d) as (c) and in par. (2) struck out at end “The Secretary shall review each such grant at least annually, utilizing peer review mechanisms to assure the quality and progress of research conducted under such grant.” Former subsec. (c) redesignated (b).
Enacted provision · exact public law section
(d) Grants and Contracts.— Section 105(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(d)) is amended— (1) by striking “(d)” and inserting “(c)”; and (2) in paragraph (2), by striking the second sentence.
1996
Pub. L. 104–235 § 105(e) · 110 Stat. 3063
1. Redesignated · 42 U.S.C. § 5105(d)
  Pub. L. 104–235, § 105(e), redesignated subsec. (e) as (d), in par. (1)(A) substituted “, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious” for “establish a formal”
2. Struck · 42 U.S.C. § 5105(d)
  Pub. L. 104–235, § 105(e), struck out “and contracts” after “for grants”
3. Substituted · 42 U.S.C. § 5105(d)
  Pub. L. 104–235, § 105(e), inserted at end “The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”, in par. (1)(B) substituted “Administration on Children and Families” for “Office of Human Development”
4. Redesignated · 42 U.S.C. § 5105(d)
  Pub. L. 104–235, § 105(e), inserted at end “The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”, in par. (2) struck out “, contract, or other financial assistance” after “grant” in introductory provisions and inserted “The Secretary shall award grants under this section on the basis of competitive review.” as concluding provisions, and in par. (3)(B) substituted “paragraph (2)(B)” for “subsection (e)(2)(B) of this section” in two places. Former subsec. (d) redesignated (c)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–235, § 105(e), redesignated subsec. (e) as (d), in par. (1)(A) substituted “, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious” for “establish a formal”, struck out “and contracts” after “for grants”, and inserted at end “The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”, in par. (1)(B) substituted “Administration on Children and Families” for “Office of Human Development” and inserted at end “The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”, in par. (2) struck out “, contract, or other financial assistance” after “grant” in introductory provisions and inserted “The Secretary shall award grants under this section on the basis of competitive review.” as concluding provisions, and in par. (3)(B) substituted “paragraph (2)(B)” for “subsection (e)(2)(B) of this section” in two places. Former subsec. (d) redesignated (c).
Enacted provision · exact public law section
(e) Peer Review.— Section 105(e) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105(e)) is amended— (1) in the heading preceding paragraph (1), by striking “(e)” and inserting “(d)”; (2) in paragraph (1)— (A) in subparagraph (A)— (i) by striking “establish a formal” and inserting “, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious”; (ii) by striking “and contracts”; and (iii) by adding at the end thereof the following new sentence: “The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”; and (B) in subparagraph (B)— (i) by striking “Office of Human Development” and inserting “Administration on Children and Families”; and (ii) by adding at the end thereof the following new sentence: “The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”; (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking “, contract, or other financial assistance”; and (B) by adding at the end thereof the following flush sentence: “The Secretary shall award grants under this section on the Grants. basis of competitive review.”; and (4) in paragraph (3)(B), by striking “subsection (e)(2)(B)” each place it appears and inserting “paragraph (2)(B)”.
1996
Pub. L. 104–235 § 105(e)(1) · 110 Stat. 3063
Redesignated · 42 U.S.C. § 5105(e)
Pub. L. 104–235, § 105(e)(1), redesignated subsec. (e) as (d)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–235, § 105(e)(1), redesignated subsec. (e) as (d).
Enacted provision · exact public law section
(1) in the heading preceding paragraph (1), by striking “(e)” and inserting “(d)”;
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(A) · 117 Stat. 800
Inserted · 42 U.S.C. § 5105(a)(1)
Pub. L. 108–36, § 112(a)(1)(A), inserted “, including longitudinal research,” after “interdisciplinary program of research” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 108–36, § 112(a)(1)(A), inserted “, including longitudinal research,” after “interdisciplinary program of research” in introductory provisions.
Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A), in the first sentence, by inserting “, including longitudinal research,” after “interdisciplinary program of research”; and
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(B) · 117 Stat. 800
Inserted · 42 U.S.C. § 5105(a)(1)(B)
Pub. L. 108–36, § 112(a)(1)(B), inserted before semicolon “, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 108–36, § 112(a)(1)(B), inserted before semicolon “, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed”.
Enacted provision · exact public law section
(B) in subparagraph (B), by inserting before the semicolon the following: “, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed”;
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(C) · 117 Stat. 800
1. Substituted · 42 U.S.C. § 5105(a)(1)(C)
  Pub. L. 108–36, § 112(a)(1)(C), substituted “judicial systems, including multidisciplinary, coordinated decisionmaking procedures” for “judicial procedures”
2. Struck · 42 U.S.C. § 5105(a)(1)(C)
  Pub. L. 108–36, § 112(a)(1)(C), struck out “and” at end
Source evidence
Code amendment note
Subsec. (a)(1)(C). Pub. L. 108–36, § 112(a)(1)(C), substituted “judicial systems, including multidisciplinary, coordinated decisionmaking procedures” for “judicial procedures” and struck out “and” at end.
Enacted provision · exact public law section
(C) in subparagraph (C)— (i) by striking “judicial procedures” and inserting “judicial systems, including multidisciplinary, coordinated decisionmaking procedures”; and (ii) by striking “and” at the end; and
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(F) · 117 Stat. 800
Redesignated · 42 U.S.C. § 5105(a)(1)(D)
Pub. L. 108–36, § 112(a)(1)(F), added subpar. (D). Former subpar. (D) redesignated (I)
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 108–36, § 112(a)(1)(F), added subpar. (D). Former subpar. (D) redesignated (I).
Enacted provision · exact public law section
(F) by inserting after subparagraph (C), the following: “(D) the evaluation and dissemination of best practices consistent with the goals of achieving improvements in the child protective services systems of the States in accordance with paragraphs (1) through (12) of section 106(a); “(E) effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; “(F) an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources; “(G) the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low income children who need health services, including mental health services; “(H) the information on the national incidence of child abuse and neglect specified in clauses (i) through (xi) of subparagraph (H); and” ;
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(D) · 117 Stat. 800
1. Added · 42 U.S.C. § 5105(a)(1)(D)(ix); 42 U.S.C. § 5105(a)(1)(D)(x)
  Pub. L. 108–36, § 112(a)(1)(D), added cl. (ix)
2. Redesignated · 42 U.S.C. § 5105(a)(1)(D)(ix); 42 U.S.C. § 5105(a)(1)(D)(x)
  Pub. L. 108–36, § 112(a)(1)(D), redesignated former cl. (ix) as (x)
Source evidence
Code amendment note
Subsec. (a)(1)(D)(ix), (x). Pub. L. 108–36, § 112(a)(1)(D), added cl. (ix) and redesignated former cl. (ix) as (x).
Enacted provision · exact public law section
(D) in subparagraph (D)— (i) in clause (viii), by striking “and” at the end; (ii) by redesignating clause (ix) as clause (x); and (iii) by inserting after clause (viii), the following: “(ix) the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year; and” ;
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(F) · 117 Stat. 800
Added · 42 U.S.C. § 5105(a)(1)(E)(H)
Pub. L. 108–36, § 112(a)(1)(F), added subpars. (E) to (H)
Source evidence
Code amendment note
Subsec. (a)(1)(E) to (H). Pub. L. 108–36, § 112(a)(1)(F), added subpars. (E) to (H).
Enacted provision · exact public law section
(F) by inserting after subparagraph (C), the following: “(D) the evaluation and dissemination of best practices consistent with the goals of achieving improvements in the child protective services systems of the States in accordance with paragraphs (1) through (12) of section 106(a); “(E) effective approaches to interagency collaboration between the child protection system and the juvenile justice system that improve the delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems; “(F) an evaluation of the redundancies and gaps in the services in the field of child abuse and neglect prevention in order to make better use of resources; “(G) the nature, scope, and practice of voluntary relinquishment for foster care or State guardianship of low income children who need health services, including mental health services; “(H) the information on the national incidence of child abuse and neglect specified in clauses (i) through (xi) of subparagraph (H); and” ;
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(1)(E) · 117 Stat. 800
Redesignated · 42 U.S.C. § 5105(a)(1)(I)
Pub. L. 108–36, § 112(a)(1)(E), redesignated subpar. (D) as (I)
Source evidence
Code amendment note
Subsec. (a)(1)(I). Pub. L. 108–36, § 112(a)(1)(E), redesignated subpar. (D) as (I).
Enacted provision · exact public law section
(E) by redesignating subparagraph (D) as subparagraph (I); and
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(4) · 117 Stat. 800
Redesignated · 42 U.S.C. § 5105(a)(2)
Pub. L. 108–36, § 112(a)(4), added par. (2). Former par. (2) redesignated (4) relating to priorities
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 108–36, § 112(a)(4), added par. (2). Former par. (2) redesignated (4) relating to priorities.
Enacted provision · exact public law section
(4) by inserting after paragraph (1) the following: “(2) Research.— The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in subparagraphs (i) through (ix) of paragraph (1)(I). “(3) Report.— Not later than 4 years after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2).” .
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(2) · 117 Stat. 800
1. Added · 42 U.S.C. § 5105(a)(2)(B)
  Pub. L. 108–36, § 112(a)(2), added subpar. (B)
2. Struck · 42 U.S.C. § 5105(a)(2)(B)
  Pub. L. 108–36, § 112(a)(2), struck out former subpar. (B) which read as follows: “In establishing research priorities as required by subparagraph (A), the Secretary shall—
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 108–36, § 112(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “In establishing research priorities as required by subparagraph (A), the Secretary shall—
“(i) publish proposed priorities in the Federal Register for public comment; and “(ii) allow not less than 60 days for public comment on such proposed priorities.”
Enacted provision · exact public law section
(2) in paragraph (2), by striking subparagraph (B) and inserting the following: “(B) Deadline. Records. Not later than 2 years after the date of enactment of the Keeping Children and Families Safe Act of 2003, and every 2 years thereafter, the Secretary shall provide an opportunity for public comment concerning the priorities proposed under subparagraph (A) and maintain an official record of such public comment.” ;
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(4) · 117 Stat. 800
Added · 42 U.S.C. § 5105(a)(3)
Pub. L. 108–36, § 112(a)(4), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–36, § 112(a)(4), added par. (3).
Enacted provision · exact public law section
(4) by inserting after paragraph (1) the following: “(2) Research.— The Secretary shall conduct research on the national incidence of child abuse and neglect, including the information on the national incidence on child abuse and neglect specified in subparagraphs (i) through (ix) of paragraph (1)(I). “(3) Report.— Not later than 4 years after the date of the enactment of the Keeping Children and Families Safe Act of 2003, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report that contains the results of the research conducted under paragraph (2).” .
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(a)(3) · 117 Stat. 800
Redesignated · 42 U.S.C. § 5105(a)(4)
Pub. L. 108–36, § 112(a)(3), redesignated par. (2) as (4) relating to priorities
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 108–36, § 112(a)(3), redesignated par. (2) as (4) relating to priorities.
Enacted provision · exact public law section
(3) by redesignating paragraph (2) as paragraph (4);
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(b)(1) · 117 Stat. 800
1. Substituted · 42 U.S.C. § 5105(b)(1)
  Pub. L. 108–36, § 112(b)(1), substituted “private agencies and community-based” for “nonprofit private agencies and”
2. Inserted · 42 U.S.C. § 5105(b)(1)
  Pub. L. 108–36, § 112(b)(1), inserted “, including replicating successful program models,” after “programs and activities”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 108–36, § 112(b)(1), substituted “private agencies and community-based” for “nonprofit private agencies and” and inserted “, including replicating successful program models,” after “programs and activities”.
Enacted provision · exact public law section
(1) in paragraph (1)— (A) by striking “nonprofit private agencies and” and inserting “private agencies and community-based”; and (B) by inserting “, including replicating successful program models,” after “programs and activities”; and
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(b)(2) · 117 Stat. 800
Added · 42 U.S.C. § 5105(b)(2)(D)
Pub. L. 108–36, § 112(b)(2), added subpar. (D)
Source evidence
Code amendment note
Subsec. (b)(2)(D). Pub. L. 108–36, § 112(b)(2), added subpar. (D).
Enacted provision · exact public law section
(2) in paragraph (2)— (A) in subparagraph (B), by striking “and” at the end; (B) in subparagraph (C), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(D) effective approaches being utilized to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages.” .
2003
Keeping Children and Families Safe Act of 2003
Pub. L. 108–36 § 112(c) · 117 Stat. 800
Added · 42 U.S.C. § 5105(e)
Pub. L. 108–36, § 112(c), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–36, § 112(c), added subsec. (e).
Enacted provision · exact public law section
(c) Demonstration Programs and Projects.— Section 104 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5105) is amended by adding at the end the following: “(e) Demonstration Programs and Projects.— The Secretary may award grants to, and enter into contracts with, States or public or private agencies or organizations (or combinations of such agencies or organizations) for time-limited, demonstration projects for the following: “(1) Promotion of safe, family-friendly physical environments for visitation and exchange.— The Secretary may award grants under this subsection to entities to assist such entities in establishing and operating safe, family-friendly physical environments— “(A) for court-ordered, supervised visitation between children and abusing parents; and “(B) to safely facilitate the exchange of children for visits with noncustodial parents in cases of domestic violence. “(2) Education identification, prevention, and treatment.— The Secretary may award grants under this subsection to entities for projects that provide educational identification, prevention, and treatment services in cooperation with preschool and elementary and secondary schools. “(3) Risk and safety assessment tools.— The Secretary may award grants under this subsection to entities for projects that provide for the development of research-based strategies for risk and safety assessments relating to child abuse and neglect. “(4) Training.— The Secretary may award grants under this subsection to entities for projects that involve research-based strategies for innovative training for mandated child abuse and neglect reporters.” .
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(1)(A) · 124 Stat. 3459
Substituted · 42 U.S.C. § 5105(a)(1)
Pub. L. 111–320, § 113(a)(1)(A), substituted “from child abuse or neglect and to improve the well-being of victims of child abuse or neglect” for “from abuse or neglect and to improve the well-being of abused or neglected children” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 111–320, § 113(a)(1)(A), substituted “from child abuse or neglect and to improve the well-being of victims of child abuse or neglect” for “from abuse or neglect and to improve the well-being of abused or neglected children” in introductory provisions.
Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A), by striking “from abuse or neglect and to improve the well-being of abused or neglected children” and inserting “from child abuse or neglect and to improve the well-being of victims of child abuse or neglect”;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(1)(B) · 124 Stat. 3459
Substituted · 42 U.S.C. § 5105(a)(1)(B)
Pub. L. 111–320, § 113(a)(1)(B), substituted “child abuse and neglect on” for “abuse and neglect on”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 111–320, § 113(a)(1)(B), substituted “child abuse and neglect on” for “abuse and neglect on”.
Enacted provision · exact public law section
(B) in subparagraph (B), by striking “abuse and neglect on” and inserting “child abuse and neglect on”;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(1)(C) · 124 Stat. 3459
1. Added · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), added subpars. (C), (G), (I), and (K) to (M)
2. Redesignated · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), redesignated subpars. (C), (D), (E), (F), (G), and (H) as (D), (E), (F), (H), (J), and (N), respectively, in subpar. (D)
3. Inserted · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), inserted “and neglect” before semicolon at end, in subpar. (E)
4. Inserted · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), inserted “, including best practices to meet the needs of special populations,” after “best practices”
5. Substituted · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), substituted “(14)” for “(12)”, in subpar. (J)
6. Substituted · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), substituted “low-income” for “low income”, and, in subpar. (N)
7. Redesignated · 42 U.S.C. § 5105(a)(1)(C)(N)
  Pub. L. 111–320, § 113(a)(1)(C)–(K), substituted “clauses (i) through (x) of subparagraph (O)” for “clauses (i) through (xi) of subparagraph (H)”. Former subpar. (I) redesignated (O)
Source evidence
Code amendment note
Subsec. (a)(1)(C) to (N). Pub. L. 111–320, § 113(a)(1)(C)–(K), added subpars. (C), (G), (I), and (K) to (M), redesignated subpars. (C), (D), (E), (F), (G), and (H) as (D), (E), (F), (H), (J), and (N), respectively, in subpar. (D), inserted “and neglect” before semicolon at end, in subpar. (E), inserted “, including best practices to meet the needs of special populations,” after “best practices” and substituted “(14)” for “(12)”, in subpar. (J), substituted “low-income” for “low income”, and, in subpar. (N), substituted “clauses (i) through (x) of subparagraph (O)” for “clauses (i) through (xi) of subparagraph (H)”. Former subpar. (I) redesignated (O).
Enacted provision · exact public law section
(C) by redesignating subparagraphs (C), (D), (E), (F), (G), (H), and (I), as subparagraphs (D), (E), (F), (H), (J), (N), and (O), respectively;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(1)(C) · 124 Stat. 3459
1. Redesignated · 42 U.S.C. § 5105(a)(1)(O)
  Pub. L. 111–320, § 113(a)(1)(C), (L), redesignated subpar. (I) as (O), in cls. (i) and (ii)
2. Inserted · 42 U.S.C. § 5105(a)(1)(O)
  Pub. L. 111–320, § 113(a)(1)(C), (L), inserted “and neglect” after “abuse”, in cl. (v)
3. Substituted · 42 U.S.C. § 5105(a)(1)(O)
  Pub. L. 111–320, § 113(a)(1)(C), (L), substituted “child abuse and neglect have” for “child abuse have”
4. Added · 42 U.S.C. § 5105(a)(1)(O)
  Pub. L. 111–320, § 113(a)(1)(C), (L), added cl. (x)
5. Redesignated · 42 U.S.C. § 5105(a)(1)(O)
  Pub. L. 111–320, § 113(a)(1)(C), (L), redesignated former cl. (x) as (xi), and, in cl. (xi)
6. Substituted · 42 U.S.C. § 5105(a)(1)(O)
  Pub. L. 111–320, § 113(a)(1)(C), (L), substituted “child abuse and neglect” for “abuse”
Source evidence
Code amendment note
Subsec. (a)(1)(O). Pub. L. 111–320, § 113(a)(1)(C), (L), redesignated subpar. (I) as (O), in cls. (i) and (ii), inserted “and neglect” after “abuse”, in cl. (v), substituted “child abuse and neglect have” for “child abuse have”, added cl. (x) and redesignated former cl. (x) as (xi), and, in cl. (xi), substituted “child abuse and neglect” for “abuse”.
Enacted provision · exact public law section
(C) by redesignating subparagraphs (C), (D), (E), (F), (G), (H), and (I), as subparagraphs (D), (E), (F), (H), (J), (N), and (O), respectively;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(2) · 124 Stat. 3459
Substituted · 42 U.S.C. § 5105(a)(2)
Pub. L. 111–320, § 113(a)(2), substituted “clauses (i) through (xi) of paragraph (1)(O).” for “subparagraphs (i) through (ix) of paragraph (1)(I).”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 111–320, § 113(a)(2), substituted “clauses (i) through (xi) of paragraph (1)(O).” for “subparagraphs (i) through (ix) of paragraph (1)(I).”
Enacted provision · exact public law section
(2) in paragraph (2), by striking “subparagraphs” and all that follows and inserting “clauses (i) through (xi) of paragraph (1)(O).”;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(3) · 124 Stat. 3459
Substituted · 42 U.S.C. § 5105(a)(3)
Pub. L. 111–320, § 113(a)(3), substituted “December 20, 2010” for “June 25, 2003”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 111–320, § 113(a)(3), substituted “December 20, 2010” for “June 25, 2003”.
Enacted provision · exact public law section
(3) in paragraph (3), by striking “Keeping Children and Families Safe Act of 2003” and inserting “CAPTA Reauthorization Act of 2010”;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(5) · 124 Stat. 3459
Added · 42 U.S.C. § 5105(a)(4)
Pub. L. 111–320, § 113(a)(5), added par. (4) relating to study on shaken baby syndrome
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 111–320, § 113(a)(5), added par. (4) relating to study on shaken baby syndrome.
Enacted provision · exact public law section
(5) by adding at the end the following: “(4) Study on shaken baby syndrome.— The Secretary shall conduct a study that— “(A) identifies data collected on shaken baby syndrome; “(B) determines the feasibility of collecting uniform, accurate data from all States regarding— “(i) incidence rates of shaken baby syndrome; “(ii) characteristics of perpetrators of shaken baby syndrome, including age, gender, relation to victim, access to prevention materials and resources, and history of substance abuse, domestic violence, and mental illness; and “(iii) characteristics of victims of shaken baby syndrome, including gender, date of birth, date of injury, date of death (if applicable), and short- and long-term injuries sustained.” .
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(a)(4) · 124 Stat. 3459
1. Inserted · 42 U.S.C. § 5105(a)(4)
  Pub. L. 111–320, § 113(a)(4), in par. (4) relating to priorities, inserted subpar. headings and, in subpar. (B)
2. Substituted · 42 U.S.C. § 5105(a)(4)
  Pub. L. 111–320, § 113(a)(4), in par. (4) relating to priorities, substituted “Not later than 1 years after December 20, 2010” for “Not later than 2 years after June 25, 2003”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–320, § 113(a)(4), in par. (4) relating to priorities, inserted subpar. headings and, in subpar. (B), substituted “Not later than 1 years after December 20, 2010” for “Not later than 2 years after June 25, 2003”.
Enacted provision · exact public law section
(4) in paragraph (4)— (A) by striking “(A) The” and inserting the following: “(A) In general.— The” ; and (B) in subparagraph (B)— (i) by striking all that precedes “later” and inserting the following: “(B) Public comment.— Not” ; (ii) by striking “than 2” and inserting “than 1”; and (iii) by striking “Keeping Children and Families Safe Act of 2003” and inserting “CAPTA Reauthorization Act of 2010”; and
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(b)(1) · 124 Stat. 3459
Inserted · 42 U.S.C. § 5105(b)(1)
Pub. L. 111–320, § 113(b)(1), inserted “and providers of mental health, substance abuse treatment, and domestic violence prevention services” after “disabilities”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 111–320, § 113(b)(1), inserted “and providers of mental health, substance abuse treatment, and domestic violence prevention services” after “disabilities”.
Enacted provision · exact public law section
(1) in paragraph (1), by inserting “and providers of mental health, substance abuse treatment, and domestic violence prevention services” after “disabilities”; and
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(b)(2) · 124 Stat. 3459
1. Substituted · 42 U.S.C. § 5105(b)(3)(B)
  Pub. L. 111–320, § 113(b)(2), substituted “child welfare, substance abuse, and domestic violence services personnel” for “and child welfare personnel”
2. Substituted · 42 U.S.C. § 5105(b)(3)(B)
  Pub. L. 111–320, § 113(b)(2), substituted “subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.” for “subjected to abuse.”
Source evidence
Code amendment note
Subsec. (b)(3)(B). Pub. L. 111–320, § 113(b)(2), substituted “child welfare, substance abuse, and domestic violence services personnel” for “and child welfare personnel” and “subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.” for “subjected to abuse.”
Enacted provision · exact public law section
(2) in paragraph (3)(B)— (A) by striking “and child welfare personnel” and inserting “child welfare, substance abuse, and domestic violence services personnel”; and (B) by striking “subjected to abuse.” and inserting “subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.”.
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(c)(1)(A) · 124 Stat. 3459
1. Added · 42 U.S.C. § 5105(d)(1)(A)
  Pub. L. 111–320, § 113(c)(1)(A), added subpar. (A)
2. Struck · 42 U.S.C. § 5105(d)(1)(A)
  Pub. L. 111–320, § 113(c)(1)(A), struck out former subpar. (A) which read as follows: “The Secretary shall, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for grants under this section and determining the relative merits of the projects for which such assistance is requested. The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 111–320, § 113(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “The Secretary shall, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for grants under this section and determining the relative merits of the projects for which such assistance is requested. The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”
Enacted provision · exact public law section
(A) by striking subparagraph (A) and inserting the following: “(A) In general.— To enhance the quality and usefulness of research in the field of child abuse and neglect, the Secretary shall, in consultation with experts in the field and other Federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for assistance through a grant or contract under this section and determining the relative merits of the project for which such assistance is requested.” ; and
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(c)(1)(B) · 124 Stat. 3459
1. Added · 42 U.S.C. § 5105(d)(1)(B)(D)
  Pub. L. 111–320, § 113(c)(1)(B), added subpars. (B) to (D)
2. Struck · 42 U.S.C. § 5105(d)(1)(B)(D)
  Pub. L. 111–320, § 113(c)(1)(B), struck out former subpar. (B) which read as follows: “In establishing the process required by subparagraph (A), the Secretary shall appoint to the peer review panels only members who are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed, and who are not individuals who are officers or employees of the Administration on Children and Families. The panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but may not meet less than once a year. The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”
Source evidence
Code amendment note
Subsec. (d)(1)(B) to (D). Pub. L. 111–320, § 113(c)(1)(B), added subpars. (B) to (D) and struck out former subpar. (B) which read as follows: “In establishing the process required by subparagraph (A), the Secretary shall appoint to the peer review panels only members who are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed, and who are not individuals who are officers or employees of the Administration on Children and Families. The panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but may not meet less than once a year. The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”
Enacted provision · exact public law section
(B) by striking subparagraph (B) and inserting the following: “(B) Members.— In establishing the process required by subparagraph (A), the Secretary shall only appoint to the peer review panels members who— “(i) are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise related to the applications to be reviewed; and “(ii) are not individuals who are officers or employees of the Administration for Children and Families. “(C) Meetings.— The peer review panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but shall meet not less often than once a year. “(D) Criteria and guidelines.— The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines in the review of the applications for grants and contracts.” ; and
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(c)(2) · 124 Stat. 3459
Inserted · 42 U.S.C. § 5105(d)(3)
Pub. L. 111–320, § 113(c)(2), inserted subpar. headings
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 111–320, § 113(c)(2), inserted subpar. headings.
Enacted provision · exact public law section
(2) in paragraph (3)— (A) by striking “(A) The” and inserting the following: “(A) Meritorious projects.— The” ; and (B) in subparagraph (B), by striking all that precedes “the instance” and inserting the following: “(B) Explanation.— In” .
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(d)(1) · 124 Stat. 3459
1. Substituted · 42 U.S.C. § 5105(e)
  Pub. L. 111–320, § 113(d)(1), substituted “entities that are States, Indian tribes or tribal organizations, or” for “States or” in introductory provisions
2. Substituted · 42 U.S.C. § 5105(e)
  Pub. L. 111–320, § 113(d)(1), substituted “such entities” for “such agencies or organizations” in introductory provisions
Source evidence
Code amendment note
Subsec. (e). Pub. L. 111–320, § 113(d)(1), substituted “entities that are States, Indian tribes or tribal organizations, or” for “States or” and “such entities” for “such agencies or organizations” in introductory provisions.
Enacted provision · exact public law section
(1) in the matter preceding paragraph (1)— (A) by striking “States or” and inserting “entities that are States, Indian tribes or tribal organizations, or”; and (B) by striking “such agencies or organizations” and inserting “such entities”;
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(d)(2) · 124 Stat. 3459
Substituted · 42 U.S.C. § 5105(e)(1)(B)
Pub. L. 111–320, § 113(d)(2), substituted “facilitate the safe” for “safely facilitate the”
Source evidence
Code amendment note
Subsec. (e)(1)(B). Pub. L. 111–320, § 113(d)(2), substituted “facilitate the safe” for “safely facilitate the”.
Enacted provision · exact public law section
(2) in paragraph (1)(B), by striking “safely facilitate the” and inserting “facilitate the safe”; and
2010
CAPTA Reauthorization Act of 2010
Pub. L. 111–320 § 113(d)(3) · 124 Stat. 3459
1. Inserted · 42 U.S.C. § 5105(e)(2)
  Pub. L. 111–320, § 113(d)(3), inserted “child care and early childhood education and care providers,” after “in cooperation with”
2. Substituted · 42 U.S.C. § 5105(e)(2)
  Pub. L. 111–320, § 113(d)(3), substituted “preschools,” for “preschool”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 111–320, § 113(d)(3), inserted “child care and early childhood education and care providers,” after “in cooperation with” and substituted “preschools,” for “preschool”.
Enacted provision · exact public law section
(3) in paragraph (2)— (A) by inserting “child care and early childhood education and care providers,” after “in cooperation with”; and (B) by striking “preschool” and inserting “preschools,”.

99 of 100 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

A prior section 104 of Pub. L. 93–247 was renumbered section 103 and is classified to section 5104 of this title.

Amendments1978–2010 · 9 rounds

2010

Subsec. (a)(1). Pub. L. 111–320, § 113(a)(1)(A), substituted “from child abuse or neglect and to improve the well-being of victims of child abuse or neglect” for “from abuse or neglect and to improve the well-being of abused or neglected children” in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 111–320, § 113(a)(1)(B), substituted “child abuse and neglect on” for “abuse and neglect on”.

Subsec. (a)(1)(C) to (N). Pub. L. 111–320, § 113(a)(1)(C)–(K), added subpars. (C), (G), (I), and (K) to (M), redesignated subpars. (C), (D), (E), (F), (G), and (H) as (D), (E), (F), (H), (J), and (N), respectively, in subpar. (D), inserted “and neglect” before semicolon at end, in subpar. (E), inserted “, including best practices to meet the needs of special populations,” after “best practices” and substituted “(14)” for “(12)”, in subpar. (J), substituted “low-income” for “low income”, and, in subpar. (N), substituted “clauses (i) through (x) of subparagraph (O)” for “clauses (i) through (xi) of subparagraph (H)”. Former subpar. (I) redesignated (O).

Subsec. (a)(1)(O). Pub. L. 111–320, § 113(a)(1)(C), (L), redesignated subpar. (I) as (O), in cls. (i) and (ii), inserted “and neglect” after “abuse”, in cl. (v), substituted “child abuse and neglect have” for “child abuse have”, added cl. (x) and redesignated former cl. (x) as (xi), and, in cl. (xi), substituted “child abuse and neglect” for “abuse”.

Subsec. (a)(2). Pub. L. 111–320, § 113(a)(2), substituted “clauses (i) through (xi) of paragraph (1)(O).” for “subparagraphs (i) through (ix) of paragraph (1)(I).”

Subsec. (a)(3). Pub. L. 111–320, § 113(a)(3), substituted “December 20, 2010” for “June 25, 2003”.

Subsec. (a)(4). Pub. L. 111–320, § 113(a)(5), added par. (4) relating to study on shaken baby syndrome.

Pub. L. 111–320, § 113(a)(4), in par. (4) relating to priorities, inserted subpar. headings and, in subpar. (B), substituted “Not later than 1 years after December 20, 2010” for “Not later than 2 years after June 25, 2003”.

Subsec. (b)(1). Pub. L. 111–320, § 113(b)(1), inserted “and providers of mental health, substance abuse treatment, and domestic violence prevention services” after “disabilities”.

Subsec. (b)(3)(B). Pub. L. 111–320, § 113(b)(2), substituted “child welfare, substance abuse, and domestic violence services personnel” for “and child welfare personnel” and “subjected to, or whom the personnel suspect have been subjected to, child abuse or neglect.” for “subjected to abuse.”

Subsec. (d)(1)(A). Pub. L. 111–320, § 113(c)(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “The Secretary shall, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious peer review process for purposes of evaluating and reviewing applications for grants under this section and determining the relative merits of the projects for which such assistance is requested. The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”

Subsec. (d)(1)(B) to (D). Pub. L. 111–320, § 113(c)(1)(B), added subpars. (B) to (D) and struck out former subpar. (B) which read as follows: “In establishing the process required by subparagraph (A), the Secretary shall appoint to the peer review panels only members who are experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed, and who are not individuals who are officers or employees of the Administration on Children and Families. The panels shall meet as often as is necessary to facilitate the expeditious review of applications for grants and contracts under this section, but may not meet less than once a year. The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”

Subsec. (d)(3). Pub. L. 111–320, § 113(c)(2), inserted subpar. headings.

Subsec. (e). Pub. L. 111–320, § 113(d)(1), substituted “entities that are States, Indian tribes or tribal organizations, or” for “States or” and “such entities” for “such agencies or organizations” in introductory provisions.

Subsec. (e)(1)(B). Pub. L. 111–320, § 113(d)(2), substituted “facilitate the safe” for “safely facilitate the”.

Subsec. (e)(2). Pub. L. 111–320, § 113(d)(3), inserted “child care and early childhood education and care providers,” after “in cooperation with” and substituted “preschools,” for “preschool”.

2003

Subsec. (a)(1). Pub. L. 108–36, § 112(a)(1)(A), inserted “, including longitudinal research,” after “interdisciplinary program of research” in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 108–36, § 112(a)(1)(B), inserted before semicolon “, including the effects of abuse and neglect on a child’s development and the identification of successful early intervention services or other services that are needed”.

Subsec. (a)(1)(C). Pub. L. 108–36, § 112(a)(1)(C), substituted “judicial systems, including multidisciplinary, coordinated decisionmaking procedures” for “judicial procedures” and struck out “and” at end.

Subsec. (a)(1)(D). Pub. L. 108–36, § 112(a)(1)(F), added subpar. (D). Former subpar. (D) redesignated (I).

Subsec. (a)(1)(D)(ix), (x). Pub. L. 108–36, § 112(a)(1)(D), added cl. (ix) and redesignated former cl. (ix) as (x).

Subsec. (a)(1)(E) to (H). Pub. L. 108–36, § 112(a)(1)(F), added subpars. (E) to (H).

Subsec. (a)(1)(I). Pub. L. 108–36, § 112(a)(1)(E), redesignated subpar. (D) as (I).

Subsec. (a)(2). Pub. L. 108–36, § 112(a)(4), added par. (2). Former par. (2) redesignated (4) relating to priorities.

Subsec. (a)(2)(B). Pub. L. 108–36, § 112(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “In establishing research priorities as required by subparagraph (A), the Secretary shall—

“(i) publish proposed priorities in the Federal Register for public comment; and

“(ii) allow not less than 60 days for public comment on such proposed priorities.”

Subsec. (a)(3). Pub. L. 108–36, § 112(a)(4), added par. (3).

Subsec. (a)(4). Pub. L. 108–36, § 112(a)(3), redesignated par. (2) as (4) relating to priorities.

Subsec. (b)(1). Pub. L. 108–36, § 112(b)(1), substituted “private agencies and community-based” for “nonprofit private agencies and” and inserted “, including replicating successful program models,” after “programs and activities”.

Subsec. (b)(2)(D). Pub. L. 108–36, § 112(b)(2), added subpar. (D).

Subsec. (e). Pub. L. 108–36, § 112(c), added subsec. (e).

1996

Pub. L. 104–235, § 105(f), struck out “of the National Center on Child Abuse and Neglect” after “activities” in section catchline.

Subsec. (a)(1). Pub. L. 104–235, § 105(a)(1)(A), in introductory provisions, substituted “, in consultation with other Federal agencies and recognized experts in the field, carry out a continuing interdisciplinary program of research that is designed to provide information needed to better protect children from abuse or neglect and to improve the well-being of abused or neglected children, with at least a portion of such research being field initiated. Such research program may focus on” for “, through the Center, conduct research on”.

Subsec. (a)(1)(A). Pub. L. 104–235, § 105(a)(1)(C), added subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (a)(1)(B). Pub. L. 104–235, § 105(a)(1)(B), (D), redesignated subpar. (A) as (B) and amended it generally. Prior to amendment, subpar. (B) read as follows: “the causes, prevention, identification,, treatment and cultural distinctions of child abuse and neglect;”. Former subpar. (B) redesignated (C).

Subsec. (a)(1)(C). Pub. L. 104–235, § 105(a)(1)(B), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (a)(1)(D). Pub. L. 104–235, § 105(a)(1)(B), (E), redesignated subpar. (C) as (D), struck out cl. (ii), redesignated cl. (iii) as (ii) and amended it generally, and added cls. (iii) to (ix). Prior to amendment, cls. (ii) and (iii) read as follows:

“(ii) the relationship of child abuse and neglect to nonpayment of child support, cultural diversity, disabilities, and various other factors; and

“(iii) the incidence of substantiated reported child abuse cases that result in civil child protection proceedings or criminal proceedings, including the number of such cases with respect to which the court makes a finding that abuse or neglect exists and the disposition of such cases.”

Subsec. (a)(2). Pub. L. 104–235, § 105(a)(2), struck out “and demonstration” after “research”, substituted “paragraph (1)” for “paragraph (1)(A) and activities under section 5106 of this title” in subpar. (A) and struck out “and demonstration” after “research” in introductory provisions of subpar. (B).

Subsec. (b). Pub. L. 104–235, § 105(b), (c), redesignated subsec. (c) as (b)(1), inserted par. heading, struck out “, through the Center,” after “Secretary shall”, inserted “State and local” before “public and nonprofit” and “assessment,” before “identification”, added pars. (2) and (3), and struck out heading and text of former subsec. (b) consisting of pars. (1) to (5) which related to publication and dissemination of information.

Subsec. (c). Pub. L. 104–235, § 105(d), redesignated subsec. (d) as (c) and in par. (2) struck out at end “The Secretary shall review each such grant at least annually, utilizing peer review mechanisms to assure the quality and progress of research conducted under such grant.” Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 104–235, § 105(e), redesignated subsec. (e) as (d), in par. (1)(A) substituted “, in consultation with experts in the field and other federal agencies, establish a formal, rigorous, and meritorious” for “establish a formal”, struck out “and contracts” after “for grants”, and inserted at end “The purpose of this process is to enhance the quality and usefulness of research in the field of child abuse and neglect.”, in par. (1)(B) substituted “Administration on Children and Families” for “Office of Human Development” and inserted at end “The Secretary shall ensure that the peer review panel utilizes scientifically valid review criteria and scoring guidelines for review committees.”, in par. (2) struck out “, contract, or other financial assistance” after “grant” in introductory provisions and inserted “The Secretary shall award grants under this section on the basis of competitive review.” as concluding provisions, and in par. (3)(B) substituted “paragraph (2)(B)” for “subsection (e)(2)(B) of this section” in two places. Former subsec. (d) redesignated (c).

Subsec. (e). Pub. L. 104–235, § 105(e)(1), redesignated subsec. (e) as (d).

1992

Subsec. (a)(1)(A). Pub. L. 102–295, § 112(a)(1), substituted “, treatment and cultural distinctions of” for “and treatment of”.

Subsec. (a)(1)(B). Pub. L. 102–295, § 112(a)(2), substituted “appropriate, effective and culturally sensitive” for “appropriate and effective”.

Subsec. (a)(1)(C)(ii). Pub. L. 102–295, §§ 112(a)(3), 141(5), substituted “child support, cultural diversity, disabilities” for “child support, handicaps”.

Subsec. (b)(1). Pub. L. 102–295, § 112(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “as a part of research activities establish a national data collection and analysis program, which, to the extent practical, coordinates existing State child abuse and neglect reports and which shall include—

“(A) standardized data on false, unfounded, or unsubstantiated reports; and

“(B) information on the number of deaths due to child abuse and neglect;”.

Subsec. (c). Pub. L. 102–295, § 141(5), substituted “disabilities” for “handicaps”.

Subsec. (e)(1)(A). Pub. L. 102–295, § 112(c)(1)(A), inserted “and reviewing” after “evaluating”.

Subsec. (e)(1)(B). Pub. L. 102–295, § 112(c)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Members of peer review panels shall be appointed by the Secretary from among individuals who are not officers or employees of the Office of Human Development Services. In making appointments to such panels, the Secretary shall include only experts in the field of child abuse and neglect.”

Subsec. (e)(2)(A). Pub. L. 102–295, § 112(c)(2)(A), inserted “and evaluate” after “determine”.

Subsec. (e)(2)(C). Pub. L. 102–295, § 112(c)(2)(B), added subpar. (C).

Subsec. (e)(3)(A). Pub. L. 102–295, § 112(c)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “At the end of each application process, the Secretary shall make available upon request, no later than 14 days after the request, to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate the list which identifies all applications reviewed by such panel and arranges such applications according to rank determined under paragraph (2) and a list of all applications funded.”

1989

Subsecs. (a)(2)(A), (b)(3). Pub. L. 101–126, § 3(b)(3), made technical amendments to references to sections 5104, 5106, and 5106c of this title to reflect renumbering of corresponding sections of original act.

1988

Pub. L. 100–294 amended section generally, substituting provisions relating to research and assistance activities of the National Center on Child Abuse and Neglect for provisions relating to Advisory Board on Child Abuse and Neglect. See section 5102 of this title.

1986

Subsec. (a). Pub. L. 99–401, § 104(1), inserted after first sentence “The Advisory Board shall meet at least every six months.”

Pub. L. 99–401, § 104(2), which directed that subsec. (a) be amended by inserting “in order to prevent unnecessary duplication of such programs, to ensure efficient allocation of resources, and to assure that programs effectively address all aspects of the child abuse problem” after “Board” in second sentence, was executed by inserting provision after “Advisory Board” the first time that term appeared in what constituted the second sentence before a new second sentence was added by section 104(1) of Pub. L. 99–401.

1984

Subsec. (a). Pub. L. 98–457, § 105(a), (b), struck out “, including the Office of Child Development, the Department of Education, the National Institute of Education, the National Institute of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration,” before “and not less than three members”, and inserted provision that the Advisory Board may be available, at the Secretary’s request, to assist the Secretary in coordinating adoption-related activities of the Federal Government.

Subsecs. (b), (c). Pub. L. 98–457, § 105(c), redesignated subsec. (c) as (b) and struck out former subsec. (b) which required the Board to review the comprehensive plan submitted to it by the Center pursuant to section 5101(b)(7) of this title, make such changes as it deemed appropriate, and submit to the President and the Congress a final such plan not later than eighteen months after April 24, 1978.

1978

Subsec. (a). Pub. L. 95–266, § 105(1), (2), inserted requirement for representation from the general public, and “planned,” before “administered” in two places.

Subsec. (b). Pub. L. 95–266, § 105(3), substituted provisions relating to review of the plan by the Advisory Board and submission to the President and Congress of a final plan, for provisions relating to a report by the Advisory Board on assisted programs, etc., and submission to the President and Congress.

Subsec. (c). Pub. L. 95–266, § 105(3), substituted provisions setting forth compensation and travel expense allowance authorizations for members of the Board, for provisions authorizing use of appropriated funds for required report.

Statutory Notes and Related Subsidiaries

Child Abuse and Disability

Pub. L. 100–294, title I, § 102, Apr. 25, 1988, 102 Stat. 118, directed Director of National Center on Child Abuse and Neglect to conduct a study of incidence of child abuse among children with handicaps, including children in out-of-home placements, the relationship between child abuse and children’s handicapping conditions, and incidence of children who have developed handicapping conditions as a result of child abuse or neglect, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to include information and data gathered, an analysis of such information and data, and recommendations on how to prevent abuse of disabled children.

Child Abuse and Alcoholic Families

Pub. L. 100–294, title I, § 103, Apr. 25, 1988, 102 Stat. 118, directed Director of National Center on Child Abuse and Neglect to conduct a study of incidence of child abuse in alcoholic families and relationship between child abuse and familial alcoholism, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to include information and data gathered, an analysis of such information and data, and recommendations on how to prevent child abuse in alcoholic families.

Study of Guardian-Ad-Litem

Pub. L. 100–294, title I, § 104, Apr. 25, 1988, 102 Stat. 118, directed Director of National Center on Child Abuse and Neglect to conduct a study of how individual legal representation of children in cases of child abuse or neglect has been provided in each State, and effectiveness of legal representation of children in cases of abuse or neglect through use of guardian-ad-litem and court appointed special advocates, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to include information and data gathered, an analysis of such information and data, and recommendations on how to improve legal representation of children in cases of abuse or neglect.

High Risk Study

Pub. L. 100–294, title I, § 105, Apr. 25, 1988, 102 Stat. 118, directed the Director of National Center on Child Abuse and Neglect to conduct a study to identify groups which have been historically underserved or unserved by programs relating to child abuse and neglect, and to report incidence of child abuse and neglect among children who are members of such groups, and not later than 2 years after Apr. 25, 1988, to report to appropriate committees of Congress with respect to the study, such report to include information and data gathered, an analysis of such information and data, and recommendations on how to better meet needs of underserved or unserved groups.

Credits

1974–2010 · 10 acts

1974Pub. L. 93–247, title I, § 104, formerly § 6, Jan. 31, 1974, 88 Stat. 7
1978Pub. L. 95–266, title I, § 105, Apr. 24, 1978, 92 Stat. 207
1984Pub. L. 98–457, title I, § 105, Oct. 9, 1984, 98 Stat. 1751
1986Pub. L. 99–401, title I, § 104, Aug. 27, 1986, 100 Stat. 906
1988Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 106
1989renumbered title I, § 105, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(3), Oct. 25, 1989, 103 Stat. 764, 765
1992Pub. L. 102–295, title I, §§ 112, 141(5), May 28, 1992, 106 Stat. 190, 200
1996renumbered § 104 and amended Pub. L. 104–235, title I, §§ 105, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3067, 3079
2003Pub. L. 108–36, title I, § 112, June 25, 2003, 117 Stat. 803
2010Pub. L. 111–320, title I, § 113, Dec. 20, 2010, 124 Stat. 3462.

Show as published

(Pub. L. 93–247, title I, § 104, formerly § 6, Jan. 31, 1974, 88 Stat. 7; Pub. L. 95–266, title I, § 105, Apr. 24, 1978, 92 Stat. 207; Pub. L. 98–457, title I, § 105, Oct. 9, 1984, 98 Stat. 1751; Pub. L. 99–401, title I, § 104, Aug. 27, 1986, 100 Stat. 906; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 106; renumbered title I, § 105, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(3), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, §§ 112, 141(5), May 28, 1992, 106 Stat. 190, 200; renumbered § 104 and amended Pub. L. 104–235, title I, §§ 105, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3067, 3079; Pub. L. 108–36, title I, § 112, June 25, 2003, 117 Stat. 803; Pub. L. 111–320, title I, § 113, Dec. 20, 2010, 124 Stat. 3462.)

Statutory text

Research

Topics

Research

Report

2 Priorities

In general

Public comment

2 Study on shaken baby syndrome

Provision of technical assistance

In general

Evaluation

Dissemination

Authority to make grants or enter into contracts

In general

Duration

Preference for long-term studies

Peer review for grants

Establishment of peer review process

In general

Members

Meetings

Criteria and guidelines

Review of applications for assistance

Notice of approval

Meritorious projects

Explanation

Demonstration programs and projects

Promotion of safe, family-friendly physical environments for visitation and exchange

Education identification, prevention, and treatment

Risk and safety assessment tools

Training

Footnotes

Legislative history

Editorial Notes

2010

2003

1996

1992

1989

1988

1986

1984

1978

Statutory Notes and Related Subsidiaries

Credits

 2 Priorities

 ² Study on shaken baby syndrome