
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10408]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES
 
Sec. 10408. Definitions

    As used in this chapter:
        (1) The term ``family violence'' means any act or threatened act 
    of violence, including any forceful detention of an individual, 
    which--
            (A) results or threatens to result in physical injury; and
            (B) is committed by a person against another individual 
        (including an elderly person) to whom such person is or was 
        related by blood or marriage or otherwise legally related or 
        with whom such person is or was lawfully residing.

        (2) The terms ``Indian tribe'' and ``tribal organization'' have 
    the same meanings given such terms in subsections (b) and (c), 
    respectively, of section 450b \1\ of title 25.
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    \1\ See References in Text note below.
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        (3) The terms \2\ ``Secretary'' means the Secretary of Health 
    and Human Services.
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    \2\ So in original. Probably should be ``term''.
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        (4) The terms \2\ ``shelter'' means the provision of temporary 
    refuge and related assistance in compliance with applicable State 
    law and regulation governing the provision, on a regular basis, of 
    shelter, safe homes, meals, and related assistance to victims of 
    family violence and their dependents.
        (5) The term ``related assistance'' means the provision of 
    direct assistance to victims of family violence and their dependents 
    for the purpose of preventing further violence, helping such victims 
    to gain access to civil and criminal courts and other community 
    services, facilitating the efforts of such victims to make decisions 
    concerning their lives in the interest of safety, and assisting such 
    victims in healing from the effects of the violence. Related 
    assistance shall include--
            (A) prevention services such as outreach and prevention 
        services for victims and their children, employment training, 
        parenting and other educational services for victims and their 
        children, preventive health services within domestic violence 
        programs (including nutrition, disease prevention, exercise, and 
        prevention of substance abuse), domestic violence prevention 
        programs for school age children, family violence public 
        awareness campaigns, and violence prevention counseling services 
        to abusers;
            (B) counseling with respect to family violence, counseling 
        or other supportive services by peers individually or in groups, 
        and referral to community social services;
            (C) transportation, technical assistance with respect to 
        obtaining financial assistance under Federal and State programs, 
        and referrals for appropriate health-care services (including 
        alcohol and drug abuse treatment), but shall not include 
        reimbursement for any health-care services;
            (D) legal advocacy to provide victims with information and 
        assistance through the civil and criminal courts, and legal 
        assistance; or
            (E) children's counseling and support services, and child 
        care services for children who are victims of family violence or 
        the dependents of such victims.

        (6) The term ``State'' means each of the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, and, except 
    as otherwise provided, Guam, American Samoa, the Virgin Islands, the 
    Northern Mariana Islands, and the Trust Territory of the Pacific 
    Islands.

(Pub. L. 98-457, title III, Sec. 309, Oct. 9, 1984, 98 Stat. 1762; Pub. 
L. 102-295, title III, Sec. 311(b), May 28, 1992, 106 Stat. 203; Pub. L. 
103-322, title IV, Sec. 40272(a), Sept. 13, 1994, 108 Stat. 1937.)

                       References in Text

    Section 450b of title 25, referred to in par. (2), has been amended, 
and subsecs. (b) and (c) of section 450b no longer define the terms 
``Indian tribe'' and ``tribal organization''. However, such terms are 
defined elsewhere in that section.


                               Amendments

    1994--Par. (5)(B). Pub. L. 103-322 inserted ``or other supportive 
services'' before ``by peers''.
    1992--Par. (5). Pub. L. 102-295 amended par. (5) generally. Prior to 
amendment, par. (5) read as follows: ``The term `related assistance'--
        ``(A) includes counseling and self-help services to abusers, 
    victims, and dependents in family violence situations (which shall 
    include counseling of all family members to the extent feasible) and 
    referrals for appropriate health-care services (including alcohol 
    and drug abuse treatment), and
        ``(B) may include food, clothing, child care, transportation, 
    and emergency services (but not reimbursement for any health-care 
    services) for victims of family violence and their dependents.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 10402 of this title.
