Collapse to view only § 5101. Office on Child Abuse and Neglect
- § 5101. Office on Child Abuse and Neglect
- § 5102. Advisory board on child abuse and neglect
- § 5103. Repealed.
- § 5104. National clearinghouse for information relating to child abuse
- § 5105. Research and assistance activities
- § 5106. Grants to States, Indian tribes or tribal organizations, and public or private agencies and organizations
- § 5106a. Grants to States for child abuse or neglect prevention and treatment programs
- § 5106a-1. Repealed.
- § 5106b. Repealed.
- § 5106c. Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases
- § 5106d. Miscellaneous requirements relating to assistance
- § 5106e. Coordination of child abuse and neglect programs
- § 5106f. Reports
- § 5106f-1. Report concerning voluntary reporting system
- § 5106g. Definitions
- § 5106h. Authorization of appropriations
- § 5106i. Rule of construction
- § 5107. Discretionary programs; authorization of appropriations
- § 5108. Monitoring and oversight
§ 5101. Office on Child Abuse and Neglect
(a) Establishment
(b) Purpose
(Pub. L. 93–247, title I, § 101, formerly § 2, Jan. 31, 1974, 88 Stat. 5; Pub. L. 93–644, § 8(d)(1), Jan. 4, 1975, 88 Stat. 2310; Pub. L. 95–266, title I, § 101, Apr. 24, 1978, 92 Stat. 205; Pub. L. 98–457, title I, § 101, Oct. 9, 1984, 98 Stat. 1749; Pub. L. 99–401, title I, § 103(a), Aug. 27, 1986, 100 Stat. 906; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, § 101, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 104–235, title I, § 101, Oct. 3, 1996, 110 Stat. 3064.)
§ 5102. Advisory board on child abuse and neglect
(a) Appointment
(b) Solicitation of nominations
(c) Composition
In establishing the board under subsection (a), the Secretary shall appoint members from the general public who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent—
(1) law (including the judiciary);
(2) psychology (including child development);
(3) social services (including child protective services);
(4) health care providers (including pediatricians);
(5) State and local government;
(6) organizations providing services to disabled persons;
(7) organizations providing services to adolescents;
(8) teachers;
(9) parent self-help organizations;
(10) parents’ groups;
(11) voluntary groups;
(12) family rights groups;
(13) children’s rights advocates; and
(14) Indian tribes or tribal organizations.
(d) Vacancies
(e) Election of officers
(f) Duties
Not later than 1 year after the establishment of the board under subsection (a), the board shall submit to the Secretary and the appropriate committees of Congress a report, or interim report, containing—
(1) recommendations on coordinating Federal, State, tribal, and local child abuse and neglect activities with similar activities at the Federal, State, tribal, and local level pertaining to family violence prevention;
(2) specific modifications needed in Federal, State, and tribal laws and programs to reduce the number of unfounded or unsubstantiated reports of child abuse or neglect while enhancing the ability to identify and substantiate legitimate cases of child abuse or neglect which place a child in danger; and
(3) recommendations for modifications needed to facilitate coordinated national data collection with respect to child protection and child welfare.
(Pub. L. 93–247, title I, § 102, formerly § 3, Jan. 31, 1974, 88 Stat. 5; Pub. L. 95–266, title I, § 102, Apr. 24, 1978, 92 Stat. 206; Pub. L. 98–457, title I, §§ 102, 121, Oct. 9, 1984, 98 Stat. 1750, 1752; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 103; renumbered title I, § 102, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(1), Oct. 25, 1989, 103 Stat. 764; Pub. L. 102–295, title I, § 111, May 28, 1992, 106 Stat. 190; Pub. L. 104–235, title I, § 102, Oct. 3, 1996, 110 Stat. 3065; Pub. L. 111–320, title I, § 111, Dec. 20, 2010, 124 Stat. 3460.)
§ 5103. Repealed. Pub. L. 104–235, title I, § 103, Oct. 3, 1996, 110 Stat. 3066
§ 5104. National clearinghouse for information relating to child abuse
(a) Establishment
(b) FunctionsThe Secretary shall, through the clearinghouse established by subsection (a)—
(1) maintain, coordinate, and disseminate information on effective programs, including private and community-based programs, that have demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect and hold the potential for broad-scale implementation and replication;
(2) maintain, coordinate, and disseminate information on the medical diagnosis and treatment of child abuse and neglect;
(3) maintain and disseminate information on best practices relating to differential response;
(4) maintain and disseminate information about the best practices used for achieving improvements in child protective systems;
(5) maintain and disseminate information about the requirements of section 5106a(b)(2)(B)(iii) of this title and best practices relating to the development of plans of safe care as described in such section for infants born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder;
(6) maintain and disseminate information relating to—
(A) the incidence of cases of child abuse and neglect in the United States;
(B) the incidence of such cases in populations determined by the Secretary under section 105(a)(1) of the Child Abuse Prevention, Adoption, and Family Services Act of 1988 (42 U.S.C. 5105 note); and
(C) the incidence of any such cases related to substance abuse;
(7) provide technical assistance upon request that may include an evaluation or identification of—
(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases;
(B) ways to mitigate psychological trauma to the child victim; and
(C) effective programs carried out by the States under this subchapter and subchapter III;
(8) collect and disseminate information relating to various training resources available at the State and local level to—
(A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and
(B) appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, child welfare, substance abuse treatment services, and domestic violence services personnel; and
(9) collect and disseminate information, in conjunction with the National Resource Centers authorized in section 10410(b) of this title, on effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services.
(c) Coordination with available resources
(1) In generalIn establishing a national clearinghouse as required by subsection (a), the Secretary shall—
(A) consult with other Federal agencies that operate similar clearinghouses;
(B) consult with the head of each agency involved with child abuse and neglect on the development of the components for information collection and management of such clearinghouse and on the mechanisms for the sharing of such information with other Federal agencies and clearinghouses;
(C) develop a Federal data system involving the elements under subsection (b) which, to the extent practicable, coordinates existing Federal, State, tribal, regional, and local child welfare data systems which shall include—
(i) standardized data on false, unfounded, unsubstantiated, and substantiated reports;
(ii) information on the number of deaths due to child abuse and neglect;
(iii) information about the incidence and characteristics of child abuse and neglect in circumstances in which domestic violence is present; and
(iv) information about the incidence and characteristics of child abuse and neglect in cases related to substance abuse;
(D) through a national data collection and analysis program and in consultation with appropriate State and local agencies and experts in the field, collect, compile, and make available State child abuse and neglect reporting information which, to the extent practical, shall be universal and case specific and integrated with other case-based foster care and adoption data collected by the Secretary;
(E) compile, analyze, and publish a summary of the research conducted under section 5105(a) of this title;
(F) collect and disseminate information that describes best practices being used throughout the Nation for making appropriate referrals related to, and addressing, the physical, developmental, and mental health needs of victims of child abuse or neglect; and
(G) solicit public comment on the components of such clearinghouse.
(2) Confidentiality requirement
(Pub. L. 93–247, title I, § 103, formerly § 5, Jan. 31, 1974, 88 Stat. 7; Pub. L. 95–266, title I, § 104, Apr. 24, 1978, 92 Stat. 206; Pub. L. 98–457, title I, § 104, Oct. 9, 1984, 98 Stat. 1751; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 105; renumbered title I, § 104, and amended Pub. L. 101–126, §§ 3(a)(1), (2), (b)(2), 6, Oct. 25, 1989, 103 Stat. 764, 765, 768; renumbered § 103 and amended Pub. L. 104–235, title I, §§ 104, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3066, 3079; Pub. L. 108–36, title I, § 111, June 25, 2003, 117 Stat. 802; Pub. L. 111–320, title I, § 112, Dec. 20, 2010, 124 Stat. 3461; Pub. L. 114–198, title V, § 503(a), July 22, 2016, 130 Stat. 729.)
§ 5105. Research and assistance activities
(a) Research
(1) TopicsThe 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—
(A) the nature and scope of child abuse and neglect;
(B) 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;
(C) 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;
(D) appropriate, effective and culturally sensitive investigative, administrative, and judicial systems, including multidisciplinary, coordinated decisionmaking procedures with respect to cases of child abuse and neglect;
(E) 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;
(F) 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;
(G) 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—
(i) the child protective service system; and
(ii)(I) the medical community, including providers of mental health and developmental disability services; and(II) providers of early childhood intervention services and special education for children who have been victims of child abuse or neglect;
(H) 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;
(I) 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;
(J) 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;
(K) the impact of child abuse and neglect on the incidence and progression of disabilities;
(L) the nature and scope of effective practices relating to differential response, including an analysis of best practices conducted by the States;
(M) 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;
(N) the information on the national incidence of child abuse and neglect specified in clauses (i) through (x) 1
1 So in original. Probably should refer to clauses (i) through (xi).
of subparagraph (O); and(O) the national incidence of child abuse and neglect, including—
(i) the extent to which incidents of child abuse and neglect are increasing or decreasing in number and severity;
(ii) the incidence of substantiated and unsubstantiated reported child abuse and neglect cases;
(iii) the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions;
(iv) the extent to which the number of unsubstantiated, unfounded and false reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect;
(v) the extent to which the lack of adequate resources and the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse and neglect;
(vi) the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement;
(vii) the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect;
(viii) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care;
(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;
(x) 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
(xi) 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.
(2) Research
(3) Report
(4)2
2 So in original. There are two pars. designated “(4)”.
Priorities(A) In general
(B) Public comment
(4)2 Study on shaken baby syndromeThe 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.
(b) Provision of technical assistance
(1) In general
(2) EvaluationSuch technical assistance may include an evaluation or identification of—
(A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases;
(B) ways to mitigate psychological trauma to the child victim;
(C) effective programs carried out by the States under this subchapter and subchapter III; and
(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.
(3) DisseminationThe Secretary may provide for and disseminate information relating to various training resources available at the State and local level to—
(A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and
(B) appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental 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.
(c) Authority to make grants or enter into contracts
(1) In general
(2) Duration
(3) Preference for long-term studies
(d) Peer review for grants
(1) Establishment of peer review process
(A) In general
(B) MembersIn 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
(D) Criteria and guidelines
(2) Review of applications for assistanceEach peer review panel established under paragraph (1)(A) that reviews any application for a grant shall—
(A) determine and evaluate the merit of each project described in such application;
(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; and
(C) 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.
(3) Notice of approval
(A) Meritorious projects
(B) Explanation
(e) Demonstration programs and projectsThe 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:
(1) Promotion of safe, family-friendly physical environments for visitation and exchangeThe 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 facilitate the safe exchange of children for visits with noncustodial parents in cases of domestic violence.
(2) Education identification, prevention, and treatment
(3) Risk and safety assessment tools
(4) Training
(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.)
§ 5106. Grants to States, Indian tribes or tribal organizations, and public or private agencies and organizations
(a) Grants for programs and projectsThe Secretary may make grants to, and enter into contracts with, entities that are States, Indian tribes or tribal organizations, or public agencies or private agencies or organizations (or combinations of such entities) for programs and projects for the following purposes:
(1) Training programsThe Secretary may award grants to public or private organizations under this subsection—
(A) for the training of professional and paraprofessional personnel in the fields of health care, medicine, law enforcement, judiciary, social work and child protection, education, child care, and other relevant fields, or individuals such as court appointed special advocates (CASAs) and guardian ad litem, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, including the links between domestic violence and child abuse and neglect;
(B) to improve the recruitment, selection, and training of volunteers serving in public and private children, youth, and family service organizations in order to prevent child abuse and neglect;
(C) for the establishment of resource centers for the purpose of providing information and training to professionals working in the field of child abuse and neglect;
(D) for training to enhance linkages among child protective service agencies and health care agencies, entities providing physical and mental health services, community resources, and developmental disability agencies, to improve screening, forensic diagnosis, and health and developmental evaluations, and for partnerships between child protective service agencies and health care agencies that support the coordinated use of existing Federal, State, local, and private funding to meet the health evaluation needs of children who have been subjects of substantiated cases of child abuse or neglect;
(E) for the training of personnel in best practices to meet the unique needs of children with disabilities, including promoting interagency collaboration;
(F) for the training of personnel in best practices to promote collaboration with the families from the initial time of contact during the investigation through treatment;
(G) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;
(H) for the training of personnel in childhood development including the unique needs of children under age 3;
(I) for improving the training of supervisory and nonsupervisory child welfare workers;
(J) for enabling State child welfare agencies to coordinate the provision of services with State and local health care agencies, alcohol and drug abuse prevention and treatment agencies, mental health agencies, other public and private welfare agencies, and agencies that provide early intervention services to promote child safety, permanence, and family stability;
(K) for cross training for child protective service workers in research-based strategies for recognizing situations of substance abuse, domestic violence, and neglect;
(L) for developing, implementing, or operating information and education programs or training programs designed to improve the provision of services to infants or toddlers with disabilities with life-threatening conditions for—
(i) professionals and paraprofessional personnel concerned with the welfare of infants or toddlers with disabilities with life-threatening conditions, including personnel employed in child protective services programs and health care facilities; and
(ii) the parents of such infants; and
(M) for the training of personnel in best practices relating to the provision of differential response.
(2) Triage proceduresThe Secretary may award grants under this subsection to public and private agencies that demonstrate innovation in responding to reports of child abuse and neglect, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and family support programs, law enforcement agencies, developmental disability agencies, substance abuse treatment entities, health care entities, domestic violence prevention entities, mental health service entities, schools, churches and synagogues, and other community agencies, to allow for the establishment of a triage system that—
(A) accepts, screens, and assesses reports received to determine which such reports require an intensive intervention and which require voluntary referral to another agency, program, or project;
(B) provides, either directly or through referral, a variety of community-linked services to assist families in preventing child abuse and neglect; and
(C) provides further investigation and intensive intervention when the child’s safety is in jeopardy.
(3) Mutual support programs
(4) Kinship care
(5) Linkages among child protective service agencies and public health, mental health, substance abuse, developmental disabilities, and domestic violence service agencies
(6) Collaborations between child protective service entities and domestic violence service entities
(7) Grants to States to improve and coordinate their response to ensure the safety, permanency, and well-being of infants affected by substance use
(A) Program authorized
(B) Distribution of funds
(i) ReservationsOf the amounts made available to carry out subparagraph (A), the Secretary shall reserve—(I) no more than 3 percent for the purposes described in subparagraph (G); and(II) up to 3 percent for grants to Indian Tribes and tribal organizations to address the needs of infants born with, and identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder and their families or caregivers, which to the extent practicable, shall be consistent with the uses of funds described under subparagraph (D).
(ii) Allotments to States and territoriesThe Secretary shall allot the amount made available to carry out subparagraph (A) that remains after application of clause (i) to each State that applies for such a grant, in an amount equal to the sum of—(I) $500,000; and(II) an amount that bears the same relationship to any funds made available to carry out subparagraph (A) and remaining after application of clause (i), as the number of live births in the State in the previous calendar year bears to the number of live births in all States in such year.
(iii) Ratable reduction
(C) ApplicationA State desiring a grant under this paragraph shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include—
(i) a description of—(I) the impact of substance use disorder in such State, including with respect to the substance or class of substances with the highest incidence of abuse in the previous year in such State, including—(aa) the prevalence of substance use disorder in such State;(bb) the aggregate rate of births in the State of infants affected by substance abuse or withdrawal symptoms or a fetal alcohol spectrum disorder (as determined by hospitals, insurance claims, claims submitted to the State Medicaid program, or other records), if available and to the extent practicable; and(cc) the number of infants identified, for whom a plan of safe care was developed, and for whom a referral was made for appropriate services, as reported under section 5106a(d)(18) of this title;(II) the challenges the State faces in developing, implementing, and monitoring plans of safe care in accordance with section 5106a(b)(2)(B)(iii) of this title;(III) the State’s lead agency for the grant program and how that agency will coordinate with relevant State entities and programs, including the child welfare agency, the substance use disorder treatment agency, hospitals with labor and delivery units, health care providers, the public health and mental health agencies, programs funded by the Substance Abuse and Mental Health Services Administration that provide substance use disorder treatment for women, the State Medicaid program, the State agency administering the block grant program under title V of the Social Security Act (42 U.S.C. 701 et seq.), the State agency administering the programs funded under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), the maternal, infant, and early childhood home visiting program under section 511 of the Social Security Act (42 U.S.C. 711), the State judicial system, and other agencies, as determined by the Secretary, and Indian Tribes and tribal organizations, as appropriate, to implement the activities under this paragraph;(IV) how the State will monitor local development and implementation of plans of safe care, in accordance with section 5106a(b)(2)(B)(iii)(II) of this title, including how the State will monitor to ensure plans of safe care address differences between substance use disorder and medically supervised substance use, including for the treatment of a substance use disorder;(V) if applicable, how the State plans to utilize funding authorized under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) to assist in carrying out any plan of safe care, including such funding authorized under section 471(e) of such Act [42 U.S.C. 671(e)] (as in effect on October 1, 2018) for mental health and substance abuse prevention and treatment services and in-home parent skill-based programs and funding authorized under such section 472(j) [42 U.S.C. 672(j)] (as in effect on October 1, 2018) for children with a parent in a licensed residential family-based treatment facility for substance abuse; and(VI) an assessment of the treatment and other services and programs available in the State to effectively carry out any plan of safe care developed, including identification of needed treatment, and other services and programs to ensure the well-being of young children and their families affected by substance use disorder, such as programs carried out under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.) and comprehensive early childhood development services and programs such as Head Start programs;
(ii) a description of how the State plans to use funds for activities described in subparagraph (D) for the purposes of ensuring State compliance with requirements under clauses (ii) and (iii) of section 5106a(b)(2)(B) of this title; and
(iii) an assurance that the State will comply with requirements to refer a child identified as substance-exposed to early intervention services as required pursuant to a grant under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).
(D) Uses of fundsFunds awarded to a State under this paragraph may be used for the following activities, which may be carried out by the State directly, or through grants or subgrants, contracts, or cooperative agreements:
(i) Improving State and local systems with respect to the development and implementation of plans of safe care, which—(I) shall include parent and caregiver engagement, as required under section 5106a(b)(2)(B)(iii)(I) of this title, regarding available treatment and service options, which may include resources available for pregnant, perinatal, and postnatal women; and(II) may include activities such as—(aa) developing policies, procedures, or protocols for the administration or development of evidence-based and validated screening tools for infants who may be affected by substance use withdrawal symptoms or a fetal alcohol spectrum disorder and pregnant, perinatal, and postnatal women whose infants may be affected by substance use withdrawal symptoms or a fetal alcohol spectrum disorder;(bb) improving assessments used to determine the needs of the infant and family;(cc) improving ongoing case management services;(dd) improving access to treatment services, which may be prior to the pregnant woman’s delivery date; and(ee) keeping families safely together when it is in the best interest of the child.
(ii) Developing policies, procedures, or protocols in consultation and coordination with health professionals, public and private health facilities, and substance use disorder treatment agencies to ensure that—(I) appropriate notification to child protective services is made in a timely manner, as required under section 5106a(b)(2)(B)(ii) of this title;(II) a plan of safe care is in place, in accordance with section 5106a(b)(2)(B)(iii) of this title, before the infant is discharged from the birth or health care facility; and(III) such health and related agency professionals are trained on how to follow such protocols and are aware of the supports that may be provided under a plan of safe care.
(iii) Training health professionals and health system leaders, child welfare workers, substance use disorder treatment agencies, and other related professionals such as home visiting agency staff and law enforcement in relevant topics including—(I) State mandatory reporting laws established under section 5106a(b)(2)(B)(i) of this title and the referral and process requirements for notification to child protective services when child abuse or neglect reporting is not mandated;(II) the co-occurrence of pregnancy and substance use disorder, and implications of prenatal exposure;(III) the clinical guidance about treating substance use disorder in pregnant and postpartum women;(IV) appropriate screening and interventions for infants affected by substance use disorder, withdrawal symptoms, or a fetal alcohol spectrum disorder and the requirements under section 5106a(b)(2)(B)(iii) of this title; and(V) appropriate multigenerational strategies to address the mental health needs of the parent and child together.
(iv) Establishing partnerships, agreements, or memoranda of understanding between the lead agency and other entities (including health professionals, health facilities, child welfare professionals, juvenile and family court judges, substance use and mental disorder treatment programs, early childhood education programs, maternal and child health and early intervention professionals (including home visiting providers), peer-to-peer recovery programs such as parent mentoring programs, and housing agencies) to facilitate the implementation of, and compliance with, section 5106a(b)(2) of this title and clause (ii) of this subparagraph, in areas which may include—(I) developing a comprehensive, multi-disciplinary assessment and intervention process for infants, pregnant women, and their families who are affected by substance use disorder, withdrawal symptoms, or a fetal alcohol spectrum disorder, that includes meaningful engagement with and takes into account the unique needs of each family and addresses differences between medically supervised substance use, including for the treatment of substance use disorder, and substance use disorder;(II) ensuring that treatment approaches for serving infants, pregnant women, and perinatal and postnatal women whose infants may be affected by substance use, withdrawal symptoms, or a fetal alcohol spectrum disorder, are designed to, where appropriate, keep infants with their mothers during both inpatient and outpatient treatment; and(III) increasing access to all evidence-based medication-assisted treatment approved by the Food and Drug Administration, behavioral therapy, and counseling services for the treatment of substance use disorders, as appropriate.
(v) Developing and updating systems of technology for improved data collection and monitoring under section 5106a(b)(2)(B)(iii) of this title, including existing electronic medical records, to measure the outcomes achieved through the plans of safe care, including monitoring systems to meet the requirements of this Act and submission of performance measures.
(E) ReportingEach State that receives funds under this paragraph, for each year such funds are received, shall submit a report to the Secretary, disaggregated by geographic location, economic status, and major racial and ethnic groups, except that such disaggregation shall not be required if the results would reveal personally identifiable information on, with respect to infants identified under section 5106a(b)(2)(B)(ii) of this title—
(i) the number who experienced removal associated with parental substance use;
(ii) the number who experienced removal and subsequently are reunified with parents, and the length of time between such removal and reunification;
(iii) the number who are referred to community providers without a child protection case;
(iv) the number who receive services while in the care of their birth parents;
(v) the number who receive post-reunification services within 1 year after a reunification has occurred; and
(vi) the number who experienced a return to out-of-home care within 1 year after reunification.
(F) Secretary’s report to Congress
(G) Assisting States’ implementationThe Secretary shall use the amount reserved under subparagraph (B)(i)(I) to provide written guidance and technical assistance to support States in complying with and implementing this paragraph, which shall include—
(i) technical assistance, including programs of in-depth technical assistance, to additional States, territories, and Indian Tribes and tribal organizations in accordance with the substance-exposed infant initiative developed by the National Center on Substance Abuse and Child Welfare;
(ii) guidance on the requirements of this Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms or fetal alcohol spectrum disorder, as described in clauses (ii) and (iii) of section 5106a(b)(2)(B) of this title, including by—(I) enhancing States’ understanding of requirements and flexibilities under the law, including by clarifying key terms;(II) addressing state-identified challenges with developing, implementing, and monitoring plans of safe care, including those reported under subparagraph (C)(i)(II);(III) disseminating best practices on implementation of plans of safe care, on such topics as differential response, collaboration and coordination, and identification and delivery of services for different populations, while recognizing needs of different populations and varying community approaches across States; and(IV) helping States improve the long-term safety and well-being of young children and their families;
(iii) supporting State efforts to develop information technology systems to manage plans of safe care; and
(iv) preparing the Secretary’s report to Congress described in subparagraph (F).
(H) Sunset
(b) Discretionary grantsIn addition to grants or contracts made under subsection (a), grants or contracts under this section may be used for the following:
(1) Respite and crisis nursery programs provided by community-based organizations under the direction and supervision of hospitals.
(2) Respite and crisis nursery programs provided by community-based organizations.
(3) Programs based within children’s hospitals or other pediatric and adolescent care facilities, that provide model approaches for improving medical diagnosis of child abuse and neglect and for health evaluations of children for whom a report of maltreatment has been substantiated.
(4)
(A) Providing hospital-based information and referral services to—
(i) parents of children with disabilities; and
(ii) children who have been victims of child abuse or neglect 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 child with disabilities; and
(ii) upon the treatment of a child for child abuse and 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 disabilities 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 a victim of child abuse or neglect regarding resources in the community, particularly parent training resources, that will assist such parents in caring for their child and reduce the possibility of child abuse and 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 an 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.
(5) Such other innovative programs and projects that show promise of preventing and treating cases of child abuse and neglect as the Secretary may approve.
(c) Evaluation
(Pub. L. 93–247, title I, § 105, formerly § 7, Jan. 31, 1974, 88 Stat. 8; Pub. L. 98–457, title I, § 106, Oct. 9, 1984, 98 Stat. 1751; Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 108; renumbered title I, § 106, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; Pub. L. 102–295, title I, §§ 113, 141(1), (2), (5), May 28, 1992, 106 Stat. 191, 199, 200; renumbered § 105 and amended Pub. L. 104–235, title I, §§ 106, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3069, 3079; Pub. L. 108–36, title I, § 113, June 25, 2003, 117 Stat. 805; Pub. L. 111–320, title I, § 114, Dec. 20, 2010, 124 Stat. 3465; Pub. L. 115–271, title VII, § 7065(a),
§ 5106a. Grants to States for child abuse or neglect prevention and treatment programs
(a) Development and operation grantsThe Secretary shall make grants to the States, from allotments made under subsection (f) for each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective services system of each such State in—
(1) the intake, assessment, screening, and investigation of reports of child abuse or neglect;
(2)
(A) creating and improving the use of multidisciplinary teams and interagency, intra-agency, interstate, and intrastate protocols to enhance investigations; and
(B) improving legal preparation and representation, including—
(i) procedures for appealing and responding to appeals of substantiated reports of child abuse or neglect; and
(ii) provisions for the appointment of an individual appointed to represent a child in judicial proceedings;
(3) case management, including ongoing case monitoring, and delivery of services and treatment provided to children and their families;
(4) enhancing the general child protective system by developing, improving, and implementing risk and safety assessment tools and protocols, including the use of differential response;
(5) developing and updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow interstate and intrastate information exchange;
(6) developing, strengthening, and facilitating training including—
(A) training regarding research-based strategies, including the use of differential response, to promote collaboration with the families;
(B) training regarding the legal duties of such individuals;
(C) personal safety training for case workers; and
(D) training in early childhood, child, and adolescent development;
(7) improving the skills, qualifications, and availability of individuals providing services to children and families, and the supervisors of such individuals, through the child protection system, including improvements in the recruitment and retention of caseworkers;
(8) developing, facilitating the use of, and implementing research-based strategies and training protocols for individuals mandated to report child abuse and neglect;
(9) developing, implementing, or operating 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;
(C) services necessary to facilitate adoptive placement of any such infants who have been relinquished for adoption; and
(D) the use of differential response in preventing child abuse and neglect;
(10) developing and delivering information to improve public education relating to the role and responsibilities of the child protection system and the nature and basis for reporting suspected incidents of child abuse and neglect, including the use of differential response;
(11) developing and enhancing the capacity of community-based programs to integrate shared leadership strategies between parents and professionals to prevent and treat child abuse and neglect at the neighborhood level;
(12) supporting and enhancing interagency collaboration between the child protection system and the juvenile justice system for improved delivery of services and treatment, including methods for continuity of treatment plan and services as children transition between systems;
(13) supporting and enhancing interagency collaboration among public health agencies, agencies in the child protective service system, and agencies carrying out private community-based programs—
(A) to provide child abuse and neglect prevention and treatment services (including linkages with education systems), and the use of differential response; and
(B) to address the health needs, including mental health needs, of children identified as victims of child abuse or neglect;,1
1 So in original.
including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child maltreatment reports; or(14) developing and implementing procedures for collaboration among child protective services, domestic violence services, and other agencies in—
(A) investigations, interventions, and the delivery of services and treatment provided to children and families, including the use of differential response, where appropriate; and
(B) the provision of services that assist children exposed to domestic violence, and that also support the caregiving role of their nonabusing parents.
(b) Eligibility requirements
(1) State plan
(A) In general
(B) Duration of planEach State plan shall—
(i) remain in effect for the duration of the State’s participation under this section; and
(ii) be periodically reviewed and revised as necessary by the State to reflect changes in the State’s strategies and programs under this section.
(C) Additional informationThe State shall provide notice to the Secretary—
(i) of any substantive changes, including any change to State law or regulations, relating to the prevention of child abuse and neglect that may affect the eligibility of the State under this section; and
(ii) of any significant changes in how funds provided under this section are used to support activities described in this section, which may differ from the activities described in the current State application.
(2) ContentsA State plan submitted under paragraph (1) shall contain a description of the activities that the State will carry out using amounts received under the grant to achieve the objectives of this subchapter, including—
(A) an assurance that the State plan, to the maximum extent practicable, is coordinated with the State plan under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] relating to child welfare services and family preservation and family support services;
(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes—
(i) provisions or procedures for an individual to report known and suspected instances of child abuse and neglect, including a State law for mandatory reporting by individuals required to report such instances;
(ii) policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder, including a requirement that health care providers involved in the delivery or care of such infants notify the child protective services system of the occurrence of such condition in such infants, except that such notification shall not be construed to—(I) establish a definition under Federal law of what constitutes child abuse or neglect; or(II) require prosecution for any illegal action;
(iii) the development of a plan of safe care for the infant born and identified as being affected by substance abuse or withdrawal symptoms, or a Fetal Alcohol Spectrum Disorder to ensure the safety and well-being of such infant following release from the care of health care providers, including through—(I) addressing the health and substance use disorder treatment needs of the infant and affected family or caregiver; and(II) the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver;
(iv) procedures for the immediate screening, risk and safety assessment, and prompt investigation of such reports;
(v) triage procedures, including the use of differential response, for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service;
(vi) procedures for immediate steps to be taken to ensure and protect the safety of a victim of child abuse or neglect and of any other child under the same care who may also be in danger of child abuse or neglect and ensuring their placement in a safe environment;
(vii) provisions for immunity from civil or criminal liability under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect;
(viii) methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child’s parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of this subchapter and subchapter III shall only be made available to—(I) individuals who are the subject of the report;(II) Federal, State, or local government entities, or any agent of such entities, as described in clause (ix);(III) child abuse citizen review panels;(IV) child fatality review panels;(V) a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; and(VI) other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a legitimate State purpose;
(ix) provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect;
(x) provisions which allow for public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality;
(xi) the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse and neglect;
(xii) provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment;
(xiii) provisions and procedures requiring that in every case involving a victim of child abuse or neglect which results in a judicial proceeding, a guardian ad litem, who has received training appropriate to the role, including training in early childhood, child, and adolescent development, and who may be an attorney or a court appointed special advocate who has received training appropriate to that role (or both), shall be appointed to represent the child in such proceedings—(I) to obtain first-hand, a clear understanding of the situation and needs of the child; and(II) to make recommendations to the court concerning the best interests of the child;
(xiv) the establishment of citizen review panels in accordance with subsection (c);
(xv) provisions, procedures, and mechanisms—(I) for the expedited termination of parental rights in the case of any infant determined to be abandoned under State law; and(II) by which individuals who disagree with an official finding of child abuse or neglect can appeal such finding;
(xvi) provisions, procedures, and mechanisms that assure that the State does not require reunification of a surviving child with a parent who has been found by a court of competent jurisdiction—(I) to have committed murder (which would have been an offense under section 1111(a) of title 18 if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent;(II) to have committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18 if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent;(III) to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter;(IV) to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent;(V) to have committed sexual abuse against the surviving child or another child of such parent; or(VI) to be required to register with a sex offender registry under section 20913(a) of title 34;
(xvii) an assurance that, upon the implementation by the State of the provisions, procedures, and mechanisms under clause (xvi), conviction of any one of the felonies listed in clause (xvi) constitute grounds under State law for the termination of parental rights of the convicted parent as to the surviving children (although case-by-case determinations of whether or not to seek termination of parental rights shall be within the sole discretion of the State);
(xviii) provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse or neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the informant;
(xix) provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment;
(xx) provisions and procedures for improving the training, retention, and supervision of caseworkers;
(xxi) provisions and procedures for referral of a child under the age of 3 who is involved in a substantiated case of child abuse or neglect to early intervention services funded under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(xxii) provisions and procedures for requiring criminal background record checks that meet the requirements of section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household;
(xxiii) provisions for systems of technology that support the State child protective service system described in subsection (a) and track reports of child abuse and neglect from intake through final disposition;
(xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 7102(10) 2
2 See References in Text note below.
of title 22); and(xxv) provisions and procedures for training child protective services workers about identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;
(C) an assurance that the State has in place procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for—
(i) coordination and consultation with individuals designated by and within appropriate health-care facilities;
(ii) prompt notification by individuals designated by and within appropriate health-care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions); and
(iii) authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions;
(D) a description of—
(i) the services to be provided under the grant to individuals, families, or communities, either directly or through referrals aimed at preventing the occurrence of child abuse and neglect;
(ii) the training to be provided under the grant to support direct line and supervisory personnel in report taking, screening, assessment, decision making, and referral for investigating suspected instances of child abuse and neglect;
(iii) the training to be provided under the grant for individuals who are required to report suspected cases of child abuse and neglect;
(iv) policies and procedures encouraging the appropriate involvement of families in decisionmaking pertaining to children who experienced child abuse or neglect;
(v) policies and procedures that promote and enhance appropriate collaboration among child protective service agencies, domestic violence service agencies, substance abuse treatment agencies, and other agencies in investigations, interventions, and the delivery of services and treatment provided to children and families affected by child abuse or neglect, including children exposed to domestic violence, where appropriate; and
(vi) policies and procedures regarding the use of differential response, as applicable;
(E) an assurance or certification that the programs or projects relating to child abuse and neglect carried out under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] comply with the requirements set forth in paragraph (1) and this paragraph;
(F) an assurance or certification that programs and training conducted under this subchapter address the unique needs of unaccompanied homeless youth, including access to enrollment and support services and that such youth are eligible for under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] and meet the requirements of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
(G) an assurance that the State, in developing the State plan described in paragraph (1), has collaborated with community-based prevention agencies and with families affected by child abuse or neglect.
Nothing in subparagraph (B) shall be construed to limit the State’s flexibility to determine State policies relating to public access to court proceedings to determine child abuse and neglect, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and families.
(3) Limitation
(4) DefinitionsFor purposes of this subsection—
(A) the term “near fatality” means an act that, as certified by a physician, places the child in serious or critical condition; and
(B) the term “serious bodily injury” means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(c) Citizen review panels
(1) Establishment
(A) In general
(B) Exceptions
(i) Establishment of panels by States receiving minimum allotment
(ii) Designation of existing entities
(2) Membership
(3) Meetings
(4) Functions
(A) In generalEach panel established pursuant to paragraph (1) shall, by examining the policies, procedures, and practices of State and local agencies and where appropriate, specific cases, evaluate the extent to which State and local child protection system agencies are effectively discharging their child protection responsibilities in accordance with—
(i) the State plan under subsection (b);
(ii) the child protection standards set forth in subsection (b); and
(iii) any other criteria that the panel considers important to ensure the protection of children, including—(I) a review of the extent to which the State and local child protective services system is coordinated with the foster care and adoption programs established under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.); and(II) a review of child fatalities and near fatalities (as defined in subsection (b)(4)).
(B) Confidentiality
(i) In generalThe members and staff of a panel established under paragraph (1)—(I) shall not disclose to any person or government official any identifying information about any specific child protection case with respect to which the panel is provided information; and(II) shall not make public other information unless authorized by State statute.
(ii) Civil sanctions
(C) Public outreach
(5) State assistanceEach State that establishes a panel pursuant to paragraph (1)—
(A) shall provide the panel access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its functions under paragraph (4); and
(B) shall provide the panel, upon its request, staff assistance for the performance of the duties of the panel.
(6) Reports
(d) Annual State data reportsEach State to which a grant is made under this section shall annually work with the Secretary to provide, to the maximum extent practicable, a report that includes the following:
(1) The number of children who were reported to the State during the year as victims of child abuse or neglect.
(2) Of the number of children described in paragraph (1), the number with respect to whom such reports were—
(A) substantiated;
(B) unsubstantiated; or
(C) determined to be false.
(3) Of the number of children described in paragraph (2)—
(A) the number that did not receive services during the year under the State program funded under this section or an equivalent State program;
(B) the number that received services during the year under the State program funded under this section or an equivalent State program; and
(C) the number that were removed from their families during the year by disposition of the case.
(4) The number of families that received preventive services, including use of differential response, from the State during the year.
(5) The number of deaths in the State during the year resulting from child abuse or neglect.
(6) Of the number of children described in paragraph (5), the number of such children who were in foster care.
(7)
(A) The number of child protective service personnel responsible for the—
(i) intake of reports filed in the previous year;
(ii) screening of such reports;
(iii) assessment of such reports; and
(iv) investigation of such reports.
(B) The average caseload for the workers described in subparagraph (A).
(8) The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect.
(9) The response time with respect to the provision of services to families and children where an allegation of child abuse or neglect has been made.
(10) For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the State—
(A) information on the education, qualifications, and training requirements established by the State for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions;
(B) data on the education, qualifications, and training of such personnel;
(C) demographic information of the child protective service personnel; and
(D) information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor.
(11) The number of children reunited with their families or receiving family preservation services that, within five years, result in subsequent substantiated reports of child abuse or neglect, including the death of the child.
(12) The number of children for whom individuals were appointed by the court to represent the best interests of such children and the average number of out of court contacts between such individuals and children.
(13) The annual report containing the summary of the activities of the citizen review panels of the State required by subsection (c)(6).
(14) The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system.
(15) The number of children referred to a child protective services system under subsection (b)(2)(B)(ii).
(16) The number of children determined to be eligible for referral, and the number of children referred, under subsection (b)(2)(B)(xxi), to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).
(17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).
(18) The number of infants—
(A) identified under subsection (b)(2)(B)(ii);
(B) for whom a plan of safe care was developed under subsection (b)(2)(B)(iii); and
(C) for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii).
(e) Annual report by Secretary
(f) Allotments
(1) DefinitionsIn this subsection:
(A) Fiscal year 2009 grant funds
(B) Grant funds
(C) State
(D) Territory
(2) In generalExcept as otherwise provided in this section, the Secretary shall make allotments to each State and territory that applies for a grant under this section in an amount equal to the sum of—
(A) $50,000; and
(B) an amount that bears the same relationship to any grant funds remaining after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant.
(3) Allotments for decreased appropriation years
(4) Allotments for increased appropriation years
(A) Minimum allotments to States for increased appropriations yearsIn any fiscal year for which the grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000, the Secretary shall adjust the allotments under paragraph (2), as necessary, such that no State that applies for a grant under this section receives an allotment in an amount that is less than—
(i) $100,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by more than $1,000,000 but less than $2,000,000;
(ii) $125,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $2,000,000 but less than $3,000,000; and
(iii) $150,000, for a fiscal year in which the grant funds exceed the fiscal year 2009 grant funds by at least $3,000,000.
(B) Allotment adjustment
(5) Hold harmless
(Pub. L. 93–247, title I, § 106, formerly § 8, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 110; renumbered title I, § 107, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; amended Pub. L. 102–295, title I, § 114(a)–(c), May 28, 1992, 106 Stat. 192, 195; Pub. L. 102–586, § 9(b), Nov. 4, 1992, 106 Stat. 5037; renumbered § 106 and amended Pub. L. 104–235, title I, §§ 107, 113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3071, 3079; Pub. L. 108–36, title I, § 114(a)–(d), June 25, 2003, 117 Stat. 808–812; Pub. L. 111–320, title I, § 115, Dec. 20, 2010, 124 Stat. 3467; Pub. L. 114–22, title VIII, § 802(b), May 29, 2015, 129 Stat. 263; Pub. L. 114–198, title V, § 503(b), (c), July 22, 2016, 130 Stat. 729, 730; Pub. L. 115–424, § 3(a), Jan. 7, 2019, 132 Stat. 5470.)
§ 5106a–1. Repealed. Pub. L. 103–252, title IV, § 401(b)(2), May 18, 1994, 108 Stat. 672
§ 5106b. Repealed. Pub. L. 104–235, title I, § 108, Oct. 3, 1996, 110 Stat. 3078
§ 5106c. Grants to States for programs relating to investigation and prosecution of child abuse and neglect cases
(a) Grants to StatesThe Secretary, 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 assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’s family;
(2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities;
(3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and
(4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect.
(b) Eligibility requirementsIn order for a State to qualify for assistance under this section, such State shall—
(1) fulfill the requirements of section 5106a(b) of this title;
(2) establish a task force as provided in subsection (c);
(3) fulfill the requirements of subsection (d);
(4) submit annually 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 reasonably be required; and
(B) maintain and provide access to records relating to activities under subsections (a) and (b); 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).
(c) State task forces
(1) General ruleExcept as provided in paragraph (2), a State requesting assistance under this section shall establish or designate, and maintain, 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 physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. The State task force shall include—
(A) individuals representing the law enforcement community;
(B) judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect (including individuals involved with the defense as well as the prosecution of such cases);
(C) child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates;
(D) health and mental health professionals;
(E) individuals representing child protective service agencies;
(F) individuals experienced in working with children with disabilities;
(G) parents;
(H) representatives of parents’ groups;
(I) adult former victims of child abuse or neglect; and
(J) individuals experienced in working with homeless children and youths (as defined in section 11434a of this title).
(2) Existing task force
(d) State task force studyBefore a State receives assistance under this section, and at three year intervals thereafter, the State task force shall comprehensively—
(1) review and evaluate State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, including 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 intrastate, interstate, Federal-State, and State-Tribal; and
(2) make policy and training 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 ruleSubject 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 and neglect, including 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 intrastate, interstate, Federal-State, and State-Tribal, in a manner which reduces the additional trauma to the child victim and the victim’s family and which also ensures procedural fairness to the accused;
(B) experimental, model, and demonstration programs for testing innovative approaches and techniques which may 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 which also ensure procedural fairness to the accused; and
(C) reform of State laws, ordinances, regulations, protocols, and procedures to provide comprehensive protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, from child abuse and neglect, including child sexual abuse and exploitation, while ensuring fairness to all affected persons.
(2) ExemptionAs 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
(Pub. L. 93–247, title I, § 107, formerly § 10, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 113; renumbered title I, § 109, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(5), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, § 116(a), May 28, 1992, 106 Stat. 195; renumbered § 107 and amended Pub. L. 104–235, title I, § 113(a)(1)(B), (2), Oct. 3, 1996, 110 Stat. 3079; Pub. L. 108–36, title I, § 115, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 116, Dec. 20, 2010, 124 Stat. 3474.)
§ 5106d. Miscellaneous requirements relating to assistance
(a) Construction of facilities
(1) Restriction on use of funds
(2) Lease, rental, or repair
The Secretary may authorize the use of funds received under this subchapter and subchapter III—
(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
(c) Limitation
(d) Sense of Congress
It is the sense of Congress that the Secretary should encourage all States and public and private entities that receive assistance under this subchapter to—
(1) ensure that children and families with limited English proficiency who participate in programs under this subchapter are provided with materials and services through such programs in an appropriate language other than English; and
(2) ensure that individuals with disabilities who participate in programs under this subchapter are provided with materials and services through such programs that are appropriate to their disabilities.
(e) Annual report
(Pub. L. 93–247, title I, § 108, formerly § 11, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 115; renumbered title I, § 110, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; renumbered § 108 and amended Pub. L. 104–235, title I, §§ 109, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 108–36, title I, § 116, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 117, Dec. 20, 2010, 124 Stat. 3475.)
§ 5106e. Coordination of child abuse and neglect programs
The Secretary shall prescribe regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination among programs related to child abuse and neglect under this subchapter and subchapter III and other such programs which are assisted by Federal funds.
(Pub. L. 93–247, title I, § 109, formerly § 12, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116; renumbered title I, § 111, Pub. L. 101–126, § 3(a)(1), (2), Oct. 25, 1989, 103 Stat. 764; renumbered § 109, Pub. L. 104–235, title I, § 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3079.)
§ 5106f. Reports
(a) Coordination efforts
(b) Effectiveness of State programs and technical assistance
(c) Study and report relating to citizen review panels
(1) In general
The Secretary shall conduct a study to determine the effectiveness of citizen review panels, established under section 5106a(c) of this title, in achieving the stated function of such panels under section 5106a(c)(4)(A) of this title of—
(A) examining the policies, procedures, and practices of State and local child protection agencies; and
(B) evaluating the extent to which such State and local child protection agencies are fulfilling their child protection responsibilities, as described in clauses (i) through (iii) of section 5106a(c)(4)(A) of this title.
(2) Content of study
The study described in paragraph (1) shall be completed in a manner suited to the unique design of citizen review panels, including consideration of the variability among the panels within and between States. The study shall include the following:
(A) Data describing the membership, organizational structure, operation, and administration of all citizen review panels and the total number of such panels in each State.
(B) A detailed summary of the extent to which collaboration and information-sharing occurs between citizen review panels and State child protective services agencies or any other entities or State agencies. The summary shall include a description of the outcomes that result from collaboration and information sharing.
(C) Evidence of the adherence and responsiveness to the reporting requirements under section 5106a(c)(6) of this title by citizen review panels and States.
(3) Report
(d) Study and report relating to immunity from prosecution for professional consultation in suspected and known instances of child abuse and neglect
(1) Study
(2) Report
(Pub. L. 93–247, title I, § 110, formerly § 13, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116; renumbered title I, § 112, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(6), Oct. 25, 1989, 103 Stat. 764, 765; renumbered § 110 and amended Pub. L. 104–235, title I, § 113(a)(1)(B), (3), Oct. 3, 1996, 110 Stat. 3079; Pub. L. 108–36, title I, § 118, June 25, 2003, 117 Stat. 813; Pub. L. 111–320, title I, § 118, Dec. 20, 2010, 124 Stat. 3475.)
§ 5106f–1. 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 679 of this title.
(Pub. L. 102–295, title I, § 142, May 28, 1992, 106 Stat. 200.)
§ 5106g. Definitions
(a) DefinitionsFor purposes of this subchapter—
(1) the term “Alaska Native” has the meaning given the term “Native” in section 1602 of title 43;
(2) the term “infant or toddler with a disability” has the meaning given the term in section 1432 of title 20;
(3) the term “Native Hawaiian” has the meaning given the term in section 7517 of title 20;
(4) 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, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; and
(5) 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.
(b) Special rule
(1) In general
(2) State option
(Pub. L. 93–247, title I, § 111, formerly § 14, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 116; renumbered title I, § 113, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(7), Oct. 25, 1989, 103 Stat. 764, 765; renumbered § 111 and amended Pub. L. 104–235, title I, §§ 110, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 111–320, title I, §§ 119, 142(b), Dec. 20, 2010, 124 Stat. 3477, 3483; Pub. L. 114–22, title VIII, § 802(c)(1), (3), May 29, 2015, 129 Stat. 264; Pub. L. 114–95, title IX, § 9215(o), Dec. 10, 2015, 129 Stat. 2170; Pub. L. 117–348, title I, § 133, Jan. 5, 2023, 136 Stat. 6221.)
§ 5106h. Authorization of appropriations
(a) In general
(1) General authorization
(2) Discretionary activities
(A) In general
(B) Demonstration projects
(b) Availability of funds without fiscal year limitation
(Pub. L. 93–247, title I, § 112, formerly § 15, as added Pub. L. 100–294, title I, § 101, Apr. 25, 1988, 102 Stat. 117; renumbered title I, § 114, and amended Pub. L. 101–126, § 3(a)(1), (2), (b)(8), Oct. 25, 1989, 103 Stat. 764, 765; Pub. L. 102–295, title I, § 117(a), May 28, 1992, 106 Stat. 197; renumbered § 112 and amended Pub. L. 104–235, title I, §§ 111, 113(a)(1)(B), Oct. 3, 1996, 110 Stat. 3078, 3079; Pub. L. 108–36, title I, § 117, June 25, 2003, 117 Stat. 812; Pub. L. 111–320, title I, § 120, Dec. 20, 2010, 124 Stat. 3477.)
§ 5106i. Rule of construction
(a) In general
Nothing in this subchapter and subchapter III shall be construed—
(1) as establishing a Federal requirement that a parent or legal guardian provide a child any medical service or treatment against the religious beliefs of the parent or legal guardian; and
(2) to require that a State find, or to prohibit a State from finding, child abuse or neglect in cases in which a parent or legal guardian relies solely or partially upon spiritual means rather than medical treatment, in accordance with the religious beliefs of the parent or legal guardian.
(b) State requirement
(Pub. L. 93–247, title I, § 113, formerly § 115, as added and renumbered § 113, Pub. L. 104–235, title I, §§ 112, 113(a)(1)(C), Oct. 3, 1996, 110 Stat. 3078, 3079; amended Pub. L. 111–320, title I, § 121, Dec. 20, 2010, 124 Stat. 3478.)
§ 5107. Discretionary programs; authorization of appropriations
(a)
(1) The Secretary of Health and Human Services, either directly, through grants to States and public and private, nonprofit organizations and agencies, or through jointly financed cooperative arrangements with States, public agencies, and other agencies and organizations, is authorized to provide for activities of national significance related to child abuse prevention and treatment and adoption reform, including operation of a national center to collect and disseminate information regarding child abuse and neglect, and operation of a national adoption information exchange system to facilitate the adoptive placement of children.
(2) The Secretary, in carrying out the provisions of this subsection, shall provide for the continued operation of the National Center on Child Abuse and Neglect in accordance with section 5101(a) of this title for each of the fiscal years 1982 and 1983.
(3) If the Secretary determines, in fiscal year 1982 or 1983, to carry out any of the activities described in section 5101(b) of this title, the Secretary shall carry out such activities through the National Center on Child Abuse and Neglect.
(b) There is authorized to be appropriated to carry out this section $12,000,000 for each of the fiscal years 1982 and 1983. Of the amounts appropriated under this subsection for any fiscal year, not less than $2,000,000 shall be available to carry out title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 [42 U.S.C. 5111 et seq.].
(Pub. L. 97–35, title VI, § 610, Aug. 13, 1981, 95 Stat. 488.)
§ 5108. Monitoring and oversightThe Secretary shall conduct monitoring to ensure that each State that receives a grant under section 5106a of this title is in compliance with the requirements of section 5106a(b) of this title, which—
(1) shall—
(A) be in addition to the review of the State plan upon its submission under section 5106a(b)(1)(A) of this title; and
(B) include monitoring of State policies and procedures required under clauses (ii) and (iii) of section 5106a(b)(2)(B) of this title; and
(2) may include—
(A) a comparison of activities carried out by the State to comply with the requirements of section 5106a(b) of this title with the State plan most recently approved under section 629b of this title;
(B) a review of information available on the website of the State relating to its compliance with the requirements of section 5106a(b) of this title;
(C) site visits, as may be necessary to carry out such monitoring; and
(D) a review of information available in the State’s Annual Progress and Services Report most recently submitted under section 1357.16 of title 45, Code of Federal Regulations (or successor regulations).
(Pub. L. 93–247, title I, § 114, as added Pub. L. 114–198, title V, § 503(d)(1), July 22, 2016, 130 Stat. 730.)